Latest / How To Protect The Ocean / The Ocean Just Got a Historic Deal. Will It Actually Protect Your Future?
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- 0:00The high seas
- 0:00treaty, promise
- 0:01or political
- 0:02theater.
- 0:04Nearly half of
- 0:05the planet is
- 0:05ocean beyond the
- 0:07national borders.
- 0:08For decades, it
- 0:09has been governed
- 0:09by fragmented
- 0:11rules and weak
- 0:12oversight.
- 0:13So when countries
- 0:14finally agreed to
- 0:14protect
- 0:15biodiversity on
- 0:16the high seas,
- 0:17it sounded
- 0:17historic.
- 0:18But will it
- 0:19change anything
- 0:20on the water?
- 0:21This is how to
- 0:22protect the ocean
- 0:22podcast, your
- 0:23weekly ocean
- 0:24news update.
- 0:25If you care about
- 0:25staying informed
- 0:26on the ocean
- 0:27every weekday,
- 0:28hit that follow
- 0:29button right now
- 0:30so you don't miss
- 0:31tomorrow's story.
- 0:32The high seas
- 0:32treaty has
- 0:33created the first
- 0:34legal mechanism
- 0:35to establish
- 0:36marine protected
- 0:36areas in
- 0:37international
- 0:38waters.
- 0:38For the first
- 0:39time,
- 0:39biodiversity
- 0:40protection beyond
- 0:41national
- 0:41jurisdiction has
- 0:43a global
- 0:43framework.
- 0:44That is
- 0:44significant.
- 0:46But the key
- 0:46question here is,
- 0:48will the high
- 0:48seas treaty
- 0:49produce real
- 0:50protection or
- 0:51remain largely
- 0:52symbolic like
- 0:53we've seen in
- 0:53many other
- 0:54agreements?
- 0:57Here's the
- 0:57problem with the
- 0:58high seas in
- 0:59general before
- 1:00the high treaty
- 1:00was ratified.
- 1:02Nearly two thirds
- 1:02of the ocean lies
- 1:03beyond national
- 1:04jurisdiction.
- 1:06These areas are
- 1:06often called
- 1:07areas beyond
- 1:08national
- 1:09jurisdiction
- 1:09or ABNG.
- 1:11Historically, we
- 1:12haven't been able
- 1:13to create binding
- 1:14MPAs beyond those
- 1:16national borders.
- 1:17Governance has
- 1:17been fragmented
- 1:18across fisheries
- 1:19borders, shipping
- 1:20rules and seabed
- 1:21mining
- 1:22authorities.
- 1:22Just a lot of
- 1:24different types
- 1:25of legal
- 1:27frameworks that
- 1:28haven't
- 1:28really worked.
- 1:30Industrial fishing fleets
- 1:30operate thousands
- 1:31of kilometers
- 1:32from home ports,
- 1:33are very
- 1:34difficult to
- 1:35enforce and the
- 1:36responsibility
- 1:36rests primarily
- 1:37on the
- 1:37flag states.
- 1:38If you don't know
- 1:39what a flag state
- 1:40is, essentially
- 1:40every boat has to
- 1:41sail
- 1:42under a flag.
- 1:43So for instance,
- 1:43if I registered
- 1:44my boat in
- 1:44Canada, I had to
- 1:45fly the Canadian
- 1:46flag, I run under
- 1:47the Canadian
- 1:47flag, I follow
- 1:48the
- 1:48Canadian rules.
- 1:49But there are
- 1:50other countries
- 1:51who do not
- 1:52enforce those
- 1:52rules for their
- 1:53own country.
- 1:54Like a lot of
- 1:55people will fly
- 1:56under like a
- 1:56turkey flag and
- 1:57they'll go around
- 1:58and they'll go
- 1:59and fish wherever
- 2:00they want and
- 2:01they won't be
- 2:02beholden to the
- 2:02country turkey
- 2:04because they
- 2:04don't really
- 2:05enforce the
- 2:05borders.
- 2:05I'm just using
- 2:06this as an
- 2:06example. I'm not
- 2:07saying Turkey
- 2:08doesn't enforce
- 2:08the borders. I'm
- 2:09just kind of
- 2:09giving an
- 2:09example here.
- 2:11But when everyone
- 2:12is responsible,
- 2:13no one is really
- 2:14accountable. And that's a problem.
- 2:15So here's what
- 2:18the treaty
- 2:18actually is set
- 2:19up to do. The
- 2:21high seas treaty
- 2:21formerly known as
- 2:22the BB and J
- 2:23agreement, which
- 2:24stands for
- 2:25biodiversity of
- 2:26areas beyond
- 2:27national
- 2:28jurisdiction.
- 2:29It's under the UN
- 2:30Convention of the
- 2:31Law of the Sea
- 2:32and establishes
- 2:32this a process to
- 2:34designate MPAs in
- 2:35international
- 2:36waters.
- 2:37Environmental
- 2:37impact assessment
- 2:39requirements for
- 2:40the high seas
- 2:41activities.
- 2:41Provisions for
- 2:43sharing marine
- 2:44genetic
- 2:44resources,
- 2:45capacity building
- 2:46and technology
- 2:47transfer for
- 2:47developing state
- 2:48nations, a
- 2:50conference of
- 2:50parties structure
- 2:51to a conference
- 2:52of party
- 2:53structure.
- 2:53So a cop
- 2:54structure to
- 2:55guide
- 2:55implementation.
- 2:56So we've seen cop
- 2:57structures in
- 2:57other agreements
- 2:58like the climate
- 2:59like the Paris
- 2:59Accord, the
- 3:00climate change
- 3:01agreement.
- 3:02They don't really
- 3:02go very well.
- 3:03Same with oil and
- 3:04gas. Same with
- 3:04the plastics
- 3:05treaty. These
- 3:05cops do not
- 3:06really work very
- 3:07well. And that
- 3:08could be a
- 3:08problem. We'll
- 3:08talk about that in just a second.
- 3:09The treaty
- 3:10required
- 3:11ratification by
- 3:1160 countries to
- 3:12enter into force
- 3:13and it actually
- 3:14entered into
- 3:14force on January
- 3:1517th, 2026. It's
- 3:18not automatic
- 3:19protection. It's
- 3:20a framework for
- 3:21potential
- 3:21protection.
- 3:23Now here's why
- 3:23the high seas
- 3:24treaty is
- 3:25historically
- 3:25significant. For
- 3:26decades
- 3:27conservationists
- 3:28argued that the
- 3:29high seas
- 3:29biodiversity was
- 3:30lacking a legal
- 3:31standing. This
- 3:32treaty
- 3:32changed that.
- 3:33It creates a
- 3:35legal authority
- 3:35to establish
- 3:36MPAs. Mechanisms
- 3:38to assess
- 3:38cumulative
- 3:39environmental
- 3:39impacts. So
- 3:40that's over a lot
- 3:41of different
- 3:42things. It could
- 3:42be shipping, it
- 3:43could be
- 3:43fisheries, it
- 3:44could be anything
- 3:45you really want.
- 3:46Marine pollution
- 3:47could be
- 3:47anything.
- 3:48And a governance
- 3:49structure that
- 3:49can align over
- 3:50time. This aligns
- 3:51with the global
- 3:5230 by 30
- 3:52biodiversity
- 3:53targets. And
- 3:54without a high
- 3:55seas framework,
- 3:5630% of global
- 3:56protection was
- 3:57mathematically
- 3:58impossible.
- 3:59But here's the
- 4:00problem. You can
- 4:01have a legal
- 4:01framework, but if
- 4:02you don't have
- 4:02enforcement, like
- 4:03we talked about
- 4:03in the last two
- 4:04days, we have a
- 4:05problem. It gets
- 4:07really
- 4:07complicated when
- 4:08we don't have
- 4:09enforcement.
- 4:11There is no,
- 4:11there's no global
- 4:12Navy. Like
- 4:13there's no UN
- 4:14body that will go
- 4:15around and
- 4:16provide
- 4:16enforcement. Enforcement
- 4:17relies largely on
- 4:19the flag states
- 4:19policing their
- 4:20own vessels. Some
- 4:22distant water
- 4:22fleets operate
- 4:23under flags of
- 4:24convenience.
- 4:25So you'll have
- 4:26like some
- 4:26fisheries that
- 4:27will go some
- 4:28fisheries vessels
- 4:29or fleets that
- 4:29will go way, way
- 4:30far off their
- 4:31borders. Nobody
- 4:32can really see
- 4:33them except for
- 4:33satellites and
- 4:34maybe other
- 4:34countries and
- 4:35they'll be able
- 4:36to act the way
- 4:36they want, but
- 4:37they may not fly
- 4:38under the flag
- 4:39that they're
- 4:39actually, you
- 4:40know, stay in.
- 4:41They're just
- 4:41registered under
- 4:42a different flag
- 4:43that may not have
- 4:44the same legal
- 4:45frameworks or the
- 4:46same enforcement
- 4:47ability to
- 4:48prosecute these
- 4:49ships. So they
- 4:50just end up doing
- 4:50whatever they
- 4:51want and they get
- 4:51away with
- 4:52everything.
- 4:53And then of
- 4:53course monitoring
- 4:54of all these
- 4:55distance fleets
- 4:56really depends on
- 4:57satellite
- 4:58tracking and
- 4:59reporting
- 4:59compliance. If a
- 5:01country fails to
- 5:01enforce
- 5:02violations
- 5:02against their own
- 5:03vessels,
- 5:04accountability
- 5:04mechanisms are
- 5:06limited. Legal
- 5:07authority does
- 5:07not guarantee
- 5:09compliance.
- 5:10Now, of course,
- 5:11with the high
- 5:11seas treaty, you
- 5:12know, from an
- 5:13ecological
- 5:14standpoint, it
- 5:14makes sense,
- 5:15right? We see the
- 5:16high seas treaty
- 5:16and be like, this
- 5:17is going to
- 5:17protect
- 5:18biodiversity.
- 5:19We're going to
- 5:19get MPAs. We're
- 5:20going to get
- 5:20environmental
- 5:21impact
- 5:21assessments on a
- 5:22lot of different
- 5:22things that are
- 5:23happening along
- 5:24like in the high
- 5:25seas, like deep
- 5:26sea mining,
- 5:27fisheries, marine
- 5:28pollution, all
- 5:29these different
- 5:29types of things
- 5:30that could affect
- 5:31the ocean.
- 5:31So from an
- 5:31ecological
- 5:32standpoint as a
- 5:33scientist, as an
- 5:34ecologist, this
- 5:34is great. Like
- 5:35this is great
- 5:36news. But then we
- 5:37don't really
- 5:37factor in
- 5:38industrial
- 5:39pressure or
- 5:39geopolitics,
- 5:40right? So the
- 5:41high seas are
- 5:42economically
- 5:43valuable. The
- 5:44industrial tuna
- 5:45fleets operate
- 5:46extensively in international
- 5:47waters. Deep sea
- 5:48mining interests
- 5:49are expanding.
- 5:50We're seeing it
- 5:50in the US and
- 5:51we're seeing it
- 5:52in like places
- 5:52like Norway,
- 5:53although they've
- 5:54banned it for a
- 5:54little while, but
- 5:55we're starting to
- 5:55see interest from
- 5:56a lot of
- 5:56different
- 5:57countries. Marine
- 5:58genetic resources
- 5:59are commercially
- 5:59valuable for medicine.
- 6:00Right? These are
- 6:02very important
- 6:02things or for
- 6:03even like
- 6:04clothing and all
- 6:04these different
- 6:05types of things
- 6:06that we could use
- 6:07all this genetic
- 6:08material to make
- 6:10our lives better
- 6:10and make a ton of
- 6:12money. Shipping
- 6:14lanes are
- 6:14critical for
- 6:15global trade, but
- 6:16shipping lanes,
- 6:17if they're not
- 6:18done properly,
- 6:18can get in the
- 6:19way of marine
- 6:21mammals like the
- 6:22North Atlantic
- 6:22right whale,
- 6:23which is
- 6:23critically
- 6:24endangered.
- 6:25And let's be
- 6:25honest, these
- 6:26whales don't
- 6:26necessarily see
- 6:27boundaries. So if
- 6:27they go beyond
- 6:29the 200 nautical
- 6:29miles of the US
- 6:30or even Canada,
- 6:31they are open and
- 6:32anything can hit
- 6:33it. Political
- 6:34resistance can
- 6:35emerge when
- 6:35protection
- 6:36intersects with
- 6:37economic
- 6:38interest. We're
- 6:38seeing it now in
- 6:39the US where
- 6:40fisheries
- 6:40protections are
- 6:41being taken away
- 6:41because there's a
- 6:43political
- 6:43interest to open
- 6:44up the economy,
- 6:45the fisheries
- 6:45economy.
- 6:46That's going to
- 6:46affect a lot of
- 6:47different
- 6:47animals,
- 6:48including marine
- 6:49mammals, sea
- 6:49turtles, sharks,
- 6:50tuna, all these
- 6:51different types
- 6:52of fish that are
- 6:52commercially
- 6:53important, but
- 6:53also the food web
- 6:54in general
- 6:55because all these
- 6:56protections have
- 6:57been taken away.
- 6:58Ocean governance
- 6:58is not just
- 6:59ecological, it's
- 7:00geopolitical.
- 7:01So what does real
- 7:02success look like
- 7:04under the high
- 7:05seas treaty? I
- 7:06think it would
- 7:06include rapid
- 7:07ratification by
- 7:08at least 60
- 7:09countries, which
- 7:10we've gotten. So
- 7:11that's great.
- 7:12Designation of
- 7:13large
- 7:13ecologically
- 7:14meaningful high
- 7:15seas and PAs,
- 7:17integration of
- 7:17satellite
- 7:18monitoring into
- 7:19compliance
- 7:19systems to help
- 7:20enforce those
- 7:21marine protected
- 7:21areas and
- 7:22transparent
- 7:23reporting and
- 7:24independent
- 7:24review mechanisms
- 7:25from NGOs like
- 7:26Global Fishing
- 7:27Watch and
- 7:27other places.
- 7:28And then strong
- 7:29coordination with
- 7:30regional
- 7:31fisheries
- 7:31management
- 7:32organization,
- 7:33RFMOs, which will
- 7:34help and just
- 7:35coordinate all
- 7:36these different
- 7:36activities to
- 7:37know who's
- 7:37working and where
- 7:38and how they can
- 7:39enforce these
- 7:41activities.
- 7:42The treaty
- 7:42provides
- 7:42structure,
- 7:43implementation
- 7:44determines
- 7:44outcome. Now
- 7:45here's the risk
- 7:46when you put in
- 7:48the politics of
- 7:49it all, the
- 7:49political
- 7:49theater, if you will.
- 7:50So the risk is
- 7:52that countries
- 7:52ratify
- 7:53symbolically, but
- 7:55delay
- 7:55implementation.
- 7:56This happens a
- 7:57lot of times.
- 7:57You'll see
- 7:58countries just
- 7:58sign on, be like,
- 7:59hey, we signed
- 8:00on, we're down
- 8:01with this
- 8:01kind of thing.
- 8:01But then they
- 8:02don't do anything
- 8:03about it. MPAs
- 8:04are designated
- 8:04without strong
- 8:05restrictions.
- 8:06Enforcement
- 8:07remains weak,
- 8:08which the MPAs
- 8:08are worthless.
- 8:09They become paper
- 8:10parks and area
- 8:11targets are
- 8:12emphasized over protection quality.
- 8:12So they're trying
- 8:14to look at how
- 8:14much coverage we
- 8:15can get, but
- 8:16doesn't mean we
- 8:16can enforce them
- 8:17or protect them.
- 8:18So they, again,
- 8:18they become paper
- 8:19parks, not
- 8:20quality parks.
- 8:22We have seen this
- 8:22pattern before in
- 8:23coastal MPAs. So
- 8:24it's not new and
- 8:26then having it in
- 8:26the high seas
- 8:27makes it even
- 8:28more difficult
- 8:28because it's in
- 8:29remote areas that
- 8:30people are not generally around.
- 8:32The lesson from
- 8:33previous episodes
- 8:34still apply.
- 8:36Protection works
- 8:36when it's real.
- 8:38If you want clear
- 8:39science based
- 8:39breakdowns of
- 8:40ocean policy
- 8:41every weekday,
- 8:42follow this show
- 8:43if you don't want
- 8:44to miss what
- 8:44comes next.
- 8:46Let's just frame
- 8:46it all for the
- 8:47final show. The
- 8:49final thought on
- 8:50this episode. The
- 8:52high seas treaty
- 8:52is a milestone.
- 8:54There's no doubt
- 8:54about that. But
- 8:55milestones are
- 8:56not outcomes.
- 8:57For the first
- 8:58time, the global
- 8:59community has a
- 8:59legal pathway to
- 9:01protect
- 9:01biodiversity in
- 9:02international
- 9:02waters that
- 9:03actually matters.
- 9:05But here's the
- 9:05truth. The ocean
- 9:06does not respond
- 9:07to agreements. It
- 9:09responds to
- 9:09enforcement. It
- 9:10responds to
- 9:11compliance and it
- 9:12responds to
- 9:13reduced
- 9:13extraction.
- 9:14The treaty
- 9:15creates
- 9:16possibility.
- 9:17Political will
- 9:18determines the
- 9:19reality. The high
- 9:20seas have been
- 9:20largely invisible
- 9:21for centuries.
- 9:23Now they are on a
- 9:23policy stage. The
- 9:25question is
- 9:25whether
- 9:25protection will
- 9:27move from paper
- 9:28to practice.
- 9:30I'd love to hear
- 9:31what you think
- 9:32about this
- 9:32episode. Hit me
- 9:33up if you want to
- 9:34give me your
- 9:35feedback. Let me
- 9:36know at
- 9:36speakupforblue.com
- 9:38forward slash
- 9:38feedback at
- 9:39speakupforblue.com
- 9:41forward slash
- 9:41feedback.
- 9:42You can let me
- 9:43know either by
- 9:44leaving a
- 9:44voicemail or you
- 9:46can write
- 9:46something down. I
- 9:47would love to
- 9:47hear what you
- 9:48think because you
- 9:49know, this is the
- 9:50beginning of a
- 9:50conversation and
- 9:51I want to
- 9:51continue it with
- 9:52you each and
- 9:53every one of you
- 9:54who are listening
- 9:54to this episode.
- 9:55I want to thank
- 9:55you so much for
- 9:56joining me on
- 9:57today's episode
- 9:57of the how to
- 9:58protect the ocean
- 9:59podcast. I'm your
- 10:00host, Andrew
- 10:00Lewin. Have a
- 10:01great day. We'll
- 10:01talk to you next
- 10:02time and happy
- 10:03conservation.