Karen N. Scott

Conservation on the High Seas: Developing the Concept of the High Seas Marine Protected Areas

AbstractThis article explores developments in connection with marine protected areas (MPAs) on the high seas, beginning with a brief survey of existing high seas MPAs, recent initiatives such as the designation of the South Orkney Islands MPA, the creation of a network of OSPAR MPAs and the work undertaken by the UN General Assembly on developing a framework for oceans governance in areas beyond national jurisdiction. It considers: the absence of a clear legal basis for the creation of MPAs on the high seas; the relationship between MPA designation and traditional high seas freedoms; and the complex jurisdictional arrangements that govern activities on and in the high seas.

Sound and Cetaceans: A Regional Response to Regulating Acoustic Marine Pollution

The categorisation of undersea noise as a source of pollution and as a potential threat to marine biodiversity by environmentalists began in the early 1990s in response to a coincidence of three focusing events. Namely: the shock testing of vessels by the US Navy; the transmission of up to 180 decibels of sound off Heard Island as part of the Acoustic Thermometry of Ocean Climate (ATOC) experiment; and the testing of low frequency active sonar by US, Australian, and NATO naval vessels. Less controversial, but arguably, no less serious, is undersea noise resulting from seismic surveys, dredging and construction activities, shipping, offshore wind farms, and sonar use associated with fishing and ocean science experiments. Recent research has tentatively suggested that undersea noise may cause cetaceans and other marine mammals physiological damage, and a number of scientists have suggested that recent instances of multiple species stranding may be linked to the testing of low frequency active sonar. The presence of

The Evolution of Marine Spatial Planning in New Zealand: Past, Present and Possible Future

This article explores marine spatial planning ( MSP ) as it is being developed in New Zealand. It breaks down the global concept of MSP into six core principles and evaluates the extent to which New Zealand implements these principles within its ocean governance regime. The article concludes with brief recommendations for developing MSP in New Zealand in the future.

Evolving MPA Management in New Zealand: Between Principle and Pragmatism

ABSTRACT In January 2016 New Zealand released a consultation document proposing a new act on marine protected areas designed to significantly reform current and now dated policy. This article explores those reform proposals in the context of the current regulatory regime, international obligations, and the best practice of selected other states. While the proposed act provides for a much firmer legislative base from which to develop an MPA network to conserve biodiversity and ecosystem function, nevertheless it is limited in geographic and functional scope. As such, it represents a missed opportunity and undermines New Zealands claims to be an international leader in ocean management.

Ice and Mineral Resources

The commercial exploitation of resources in Antarctica is not new. Sealing followed by whaling began in the nineteenth century and today, the Southern Ocean provides rich fishing grounds for fishers from many nations (Chap. 21). Even scientific research, which the 1959 Antarctic Treaty protects and prioritises above all other activities, may on occasion have commercial application. Antarctic biological prospecting, for example, is now an important activity in its own right within the region (Chap. 22). By contrast, comparatively little attention is paid today to the potential of Antarctic non-biological resources such as ice and minerals for commercial exploitation. This has not always been the case. During the 1970s, drought and global oil shortages led to significant international interest in Antarctic freshwater and petroleum resources. The fact that commercial exploitation of ice, oil and minerals has yet to occur does not mean that it will not do so in the future. Known oil reserves elsewhere in the world are rapidly depleting and a substantial increase in the price of oil may make exploitation in the Antarctic region economically viable. This chapter evaluates the current regulation of both ice and minerals exploitation against the background of the sovereignty dispute which dominates discussions on ownership of and rights to non-biological resources located within the Antarctic Treaty area.