Active Marine Restoration and Law

Overview & Synopsis

The long-term outlook for global ocean abundance of living marine resources is uncertain. Times have changed quickly. Some States have reacted to the decline in marine resources with two generic strategies. First States have been designating a variety of marine protected areas in part to respond to SDG target 14.5 to «conserve at least 10% of coastal and marine areas». Second, States have been investing in better monitoring and enforcement programs to address illegal fishing. These solutions may ameliorate certain human pressures on ecosystems, but do not directly contribute to the enhancement of marine ecological values. Active marine restoration is the coordinated efforts by individuals or groups to revive the structures and functions of ecological systems. This might include targeted efforts to revive habitat that is damaged through active planting of seagrasses or grafting of coral reefs. This might include releasing fish or other marine animals into an area to increase the breeding population. Some States are engaged in active marine restoration efforts. But the number of States undertaking such projects is limited. This chapter offers three political proposals with legal implications to further active marine restoration and improve state performance under existing duties to restore marine stocks and ecosystems. First, States need to enhance their existing marine scientific research cooperation to improve measures that support «active marine restoration» including incorporating new types of knowledge into assisting in ecosystem recovery. Second active marine restoration focused on accelerating restoration efforts should be mainstreamed as an international «blue economy » development strategy. Finally, given that oceans have permeable geopolitical boundaries, effective active marine restoration may require a new institutional approach that is not state-based but guardian-based. If an Ocean Guardian Council was to convene and be given powers by States to protect ocean interests independent of State interests, the priorities associated with ocean governance might be very different than those which exist today.