41 Sites: Policy and advocacy

41.1 Achieving the goal: “marine megafauna in favourable conservation status”

While the toolkit currently favours opportunities for seabird conservation, many of the policy and advocacy strategies will apply to all marine megafauna.

The overarching goal of the Toolkit is to see marine megafauna populations in a favourable conservation status, as outlined in the Theory of Change.

When identifying the steps required to achieve this goal, Toolkit users are reminded that a suite of actions will likely be required.

Achieving the long-term goal, may be achieved through formal delineation of a protected area. However, other management measures that are not protected areas may also be effective.

Deciding on the most appropriate management measure will require understanding impacts of potential threats to species in space and time, and both the scale at which a threat may occur, or a species may disperse (Boyd et al. (2008), p. 200; Oppel et al. (2018)).

Where there is uncertainty about the impact of a potential threat to species, this Toolkit advocates for consideration of the “precautionary principle” and recognises the text of certain agreements which call for decisions to be made on the “best available science”.


41.2 Achieving conservation of sites

Critical to the success of getting conservation actions implemented is getting decision-makers to act.

Decision-makers typically act for one of two reasons, or a combination of both:

  1. They are typically pulled into acting when there is an established legal or other policy related mechanism in place.

  2. Or they are pushed into acting through advocacy efforts.

As indicated above, management measures that enable a site to be protected so species can achieve a favourable conservation status, do not explicitly need to be formal protected areas.

The concept of a site is the critical concept here. In the toolkit, we recognise a spectrum of sites. However, we advocate for, and support the identification of, Key Biodiversity Areas (KBAs). This is because by formally identifying a site as a KBA, the site will have added ability to bring about a change by a decision-maker that supports species maintaining or achieving a favourable conservation status.


Key message for conservationists: by formally identifying a site as a KBA, there are formal mechanisms that can help get the site protected through an appropriate management measure.


Beyond KBAs, the “best available science” describing key biodiversity at a unique site should also be used to support implementation of management measures at sites. This may be particularly relevant for key biodiversity at unique sites at local, national and regional scales.


Key message for conservationists: while the concept of a site for a KBA has a definition, the concept of what constitutes a specific site for supporting marine megafauna conservation is still the subject of debate. Toolkit users are encouraged to explore the tools in the Toolkit that can help identify a site, but should also consider the scale of the particular site and how it could be used to inform delivery of a conservation outcome for species. (e.g. the track2KBA tool can be applied to GLS animal tracking data. However, the resultant site may be even larger than a countries EEZ. Nevertheless, this type of site could still inform where bycatch mitigation measures should be enforced in tuna RFMOs which operate at the ocean basin scale.)


41.3 Important sites in the marine environment

Multiple different frameworks exist aimed to identify and describe sites within the marine environment that are of ecological significance, differing in their focus, scope, and processes of identification. Example frameworks include:

While these frameworks do not specifically dictate a protected status for the specific site, they guide policy makers in identifying which sites are of most importance for preserving biodiversity according to a set of pre-defined criteria.

The Toolkit focuses on KBAs as a key policy mechanism given, they are an overarching framework which facilitates recognition of sites contributing significantly to the global persistence of biodiversity across all taxonomic groups.

Furthermore, KBAs are formally recognised in a suite of international agreements that promote, support and enable the conservation of biodiversity.

See Plumptre et al. (2024) for an overview about KBAs and a comparison of the conservation objectives and relevance to different systems of the main approaches to identification of areas of particular importance for biodiversity.


41.4 Key Biodiversity Area (KBA) definition and scope

A KBA is a site contributing significantly to the global persistence of biodiversity. The site can be significant for a single species, assemblages of species, ecosystems, sites of outstanding ecological integrity, or sites with high irreplaceability.

The Key Biodiversity Area (KBA) Partnership is the official body responsible for advancing and promoting the identification, mapping, and monitoring of KBAs, and providing the means to maintain the infrastructure that ensures KBAs have lasting recognition. The Partnership was launched in 2016 and consists of 13 international conservation organisations, including BirdLife International, the International Union for the Conservation of Nature (IUCN), American Bird Conservancy, Amphibian Survival Alliance, Conservation International, Critical Ecosystems Partnership Fund, Global Environment Facility (GEF), NatureServe, Rainforest Trust, Re:wild, the Royal Society for the Protection of Birds (RSPB), Wildlife Conservation Society, and World Wildlife Fund (WWF).

Key message for conservationists: KBAs are supported by a network of some of the world’s largest conservation organizations. This ensures that when a KBA is identified, there is the infrastructure in place to effectively maintain a record and visibility of the KBA in perpetuity (i.e. the identified site can continue to inform decision making processes beyond the lifespan of a typical project, and likely even beyond an individual’s employment period). By working towards KBA identification and supporting monitoring efforts, contributed data can make a difference to global biodiversity conservation beyond what could likely be achieved by a single project.

KBAs are identified based on 11 quantitative criteria. Use of global quantitative criteria enables comparisons to be made between sites anywhere in the world.

For a site to qualify as a KBA, it must hold a significant proportion of the biodiversity element, where the threshold required is also dependent on the IUCN Red List Conservation Status of a species or ecosystem.

NOTE: KBA criteria allow different parameters to be used to determine the proportion of a population within the KBA.

FOR THE TOOLKIT: the toolkit primarily focuses on the use of mature individuals as the key population metric.

Other frameworks such as IBAs or ISRAs can operate at regional levels.

  • As of January 2024, development of standardised regional KBA criteria is being undertaken.

  • Canada is a country which has described the use of regional KBA criteria.


41.5 KBA recognition internationally

KBAs in international multilateral environmental agreements: KBAs serve as valuable indicators of targets within the CBD Kunming-Montreal Global Biodiversity Framework and the Sustainable Development Goals. For the CBS, targets can be met by individual countries through achieving their National Biodiversity Strategy and Action Plans (NBSAPs), and KBAs can guide development of these NBSAPs.

KBAs in international business agreements: KBAs are recognised by the private sector and financing institutions as ‘Critical Habitat’, used in performance standard 6 of the International Finance Corporation (IFC) and adopted by 84 Equator Principles Financial Institutions. To meet this standard, companies should not have demonstrable negative impacts on the biodiversity features that trigger KBA status.

KBAs in international funding mechanisms: KBAs are used by international funding agencies to guide their funding decisions. For Example, the Global Environment Facility 7th Replenishment (GEF-7) and GEF-8 funds new protected areas only if they meet KBA global criteria.

KBAs as tools to support business decision-making: The integration of KBA data, IUCN Red List data, and Protected Planet data through tools like the Integrated Biodiversity Assessment Tool (IBAT), https://www.ibat-alliance.org/, enables the generation of comprehensive reports that companies can use to assess how their activities may impact nature in, or around, KBAs. The funding generated from these reports supports the maintenance of the KBA, IUCN Red List, and Protected Planet databases, ensuring that these datasets remain prominent and visible to the world.


41.6 KBA conservation through international mechanisms

Reminder: Designation of a site as a KBA does not require the site to be protected within a formal protected area. To achieve the long-term goal outlined in the Theory of Change (Seabirds in favourable conservation status), conservation actions other than protected areas can be appropriate.

Critical to the success of getting conservation actions implemented is getting decision-makers to act.

Here we outline international mechanisms that almost all countries around the world have agreed to achieve and, therefore, decision-makers should be acting toward.


41.6.0.1 Convention on Biological Diversity (CBD)

The CBD is an international treaty (an agreement that governments have signed up to) that aims to conserve biodiversity, sustainably use its components, and ensure the fair and equitable sharing of benefits arising from genetic resources. Several targets outlined in the CBD benefit from the use of KBAs to deliver these targets, or make specific reference to KBAs in order to support delivering these targets.

These targets can be met by individual countries through achieving their National Biodiversity Strategy and Action Plans (NBSAPs), and KBAs can guide development of these NBSAPs.

Target 1 of the Global Biodiversity Framework (GBF) calls for spatial planning or other effective management for areas of biodiversity. Target 3 promotes the establishment and management of Marine Protected Areas (MPAs) as a tool for conserving marine biodiversity.

Progress towards achieving Target 1 and Target 3 of the GBF will use the Percentage of spatial plans utilizing information on key biodiversity areas, and Coverage of KBAs by Protected areas and OECMs as component indicators, respectively.

Key message for conservationists: Check if your country is signed up to the CBD (it likely will be). If you identify KBAs, you will have added strength in using these sites to motivate for your country to achieve the targets it has agreed to.

The states that have signed and/or ratified the Convention on Biological Diversity can be found here, and the obligation of signatory parties to meet the targets of the Global Biodiversity Framework can be seen as one of many reasons to conserve KBAs. Although the GBF lacks the power to establish protected areas, signatory parties can be guided by this mechanism in order to pursuing its targets through national processes.


41.6.0.1.1 National processes to support CBD

  1. National Legislation and Policy: Ensure that the proposing country has appropriate national legislation and policies in place to support the establishment and management of protected areas and the conservation of biodiversity. Over 200 countries have signed the GBF and are therefore obliged to adopt legal mechanisms to achieve its targets.

  2. Stakeholder Engagement: When drafting a proposal, use the templates provided by the relevant national authority or contact national CBD focal points for their guidance. During the process it is important to engage with relevant stakeholders, such as local communities, expert scientists, regional/local NGOs, and government agencies (such as environment, fisheries, or transport ministries). Their involvement is crucial to ensure that the proposed protection measures reflect local needs, traditional knowledge, and concerns. Organising online or in-person consultations, workshops, and meetings can be useful to gather input and build support.

  3. CBD National Focal Point: Share the national KBA or MPA proposal with the respective CBD National Focal Point, who serve as the contact point for CBD-related activities and can provide guidance, support, and feedback on proposals. National Focal Points for the Global Biodiversity Framework can be found here, and those specific to Marine and Coastal Biodiversity can be found here.

  4. CBD Regional Bodies: Engaging with the relevant CBD regional bodies that focus on protecting biodiversity can provide additional support, guidance, and technical assistance in the establishment of protected areas and the conservation of KBAs. A list of bodies across all continents can be found here.

  5. Review and Approval: The national proposal will undergo a review process by the CBD National Focal Point and potentially other relevant national authorities and stakeholders. This review may involve expert assessments, peer reviews, and consultations. Revise and refine the proposal based on feedback and recommendations.

  6. Adoption and Designation: The National CBD National Focal Point can guide where to submit a proposal. Once a proposal is reviewed and approved by the correct national authorities, it can be formally adopted and designated as a protected area under the CBD. This may involve enacting national legislation, signing international agreements, or making formal declarations to provide legal recognition and support for the establishment and management of the protected area.

  7. Implementation and Management: Develop and implement a management plan for the protected area, including regulations, zoning schemes, enforcement mechanisms, and monitoring programs. Collaborate with relevant stakeholders, local communities, and government agencies to ensure effective implementation and sustainable management of the protected area.

  8. Reporting and Collaboration: The CBD monitoring framework offers a method to regularly report on the progress, achievements, and challenges related to achieving Targets 1 and 3 of the GBF. It is important for countries to develop and incorporate national monitoring systems into their National Biodiversity Strategies and Action Plans (NBSAPs) that report conservation progress against the biological headline, component and complementary indicators set out by the CBD monitoring framework. Collaboration with other countries and organizations is encouraged under the CBD framework to share experiences, best practices, and resources for enhanced biodiversity conservation efforts.

It should be noted that the specific process of proposing and establishing the protection of a marine KBA will vary between countries. Therefore, along with the CBD National Focal Point, it is recommended to consult with the relevant authorities and experts to ensure compliance with national processes.


41.6.1 United Nation’s Sustainable Development Goals

The Sustainable Development Goals (SDGs), adopted by the United Nations in 2015, recognise a plan of action for people, planet and prosperity aimed to be achieved by 2030. The SDGs include a specific target to conserve and sustainably use the oceans, seas, and marine resources: Goal 14 Life Below Water.

Key message for conservationists: KBA coverage by protected areas is an indicator of the targets within SDG Goal 14. In other words, KBAs are recognised within the SDGs. Therefore, your country can use identified KBAs to help demonstrate how it is achieving the SDGs.

  • More broadly: When prioritising actions that could be implemented to achieve targets under SDG Goal 14, prioritising these actions within or around KBAs may offer the most significant return on effort.

  • The SDGs also recognise the legal frameworks outlined in the United Nations Convention on the Law of the Sea (UNCLOS) as mechanism to achieve targets.


41.6.1.0.1 Targets within SDG 14 call to:

  • prevent and significantly reduce marine pollution of all kinds, particularly from land-based activities, including marine debris and nutrient pollution.

  • sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts, including through the establishment of effectively managed marine protected areas.

  • minimize and address the impacts of ocean acidification, including through enhanced scientific cooperation at all levels.

  • effectively regulate harvesting and end overfishing, illegal, unreported, and unregulated (IUU) fishing, and destructive fishing practices, and implement science-based management plans to restore fish stocks in the shortest time feasible, at least to levels that can produce maximum sustainable yield as determined by their biological characteristics.

  • conserve at least 10 percent of coastal and marine areas, consistent with national and international law and based on the best available scientific information

  • prohibit certain forms of fisheries subsidies that contribute to overcapacity and overfishing, eliminate subsidies that contribute to IUU fishing, and refrain from introducing new such subsidies, recognizing that appropriate and effective special and differential treatment for developing and least developed countries should be an integral part of the World Trade Organization fisheries subsidies negotiation.

  • increase the economic benefits to small island developing states and least developed countries from the sustainable use of marine resources, including through sustainable management of fisheries, aquaculture, and tourism.


Sub-level targets of SDG Goal 14, call to:

  • increase scientific knowledge, develop research capacities, and transfer marine technology, taking into account the Intergovernmental Oceanographic Commission Criteria and Guidelines on the Transfer of Marine Technology, in order to improve ocean health and to enhance the contribution of marine biodiversity to the development of developing countries, in particular, small island developing states and least developed countries.

  • provide access for small-scale artisanal fishers to marine resources and markets.

  • enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in UNCLOS, which provides the legal framework for the conservation and sustainable use of oceans and their resources.


41.6.2 United Nations Convention on the Law of the Sea (UNCLOS)

The United Nations Convention on the Law of the Sea (UNCLOS) primarily focuses on the legal framework for ocean governance rather than the establishment of protected areas. However, UNCLOS provides a foundation for the conservation and sustainable use of marine resources, including the protection of marine biodiversity. The countries that have signed onto and/or ratified UNCLOS can be found here.

  1. National Jurisdiction: Each coastal state has the authority to establish MPAs within its exclusive economic zone (EEZ) and continental shelf, in accordance with UNCLOS. The coastal state should have a clear understanding of its jurisdictional boundaries and the areas it can designate as MPAs.

  2. Conduct Scientific Assessment: Conduct a scientific assessment of the marine KBA to gather data on its ecological importance, biodiversity values, and conservation needs. This assessment should include ecological surveys, biodiversity monitoring, and analysis of threats and vulnerabilities. The scientific evidence will support the proposal and inform the decision-making process.

  3. Proposal Development: once a KBA has undergone a scientific assessment and stakeholder consultations, those proposing it must advocate for its implementation by including how its proposed protection would align with the objectives and principles of UNCLOS (as outlined in the Articles in the point below). The proposal should outline the ecological significance of the area, biodiversity values, threats, and proposed management measures.

  4. Identify Relevant Provisions: The UNCLOS contains relevant provisions that can be used to support the protection of marine biodiversity, at least 18 of which deal specifically with marine-biodiversity or environmental management topics (Appendix A). Linking which of these UNCLOS Articles are relevant to the threats that the KBA faces, will strengthen the reason for its protection and the overall proposal.

  5. National Implementation: This will depend on national legislation and policies, as seen with implementation through other international/regional mechanisms. Work with the relevant national authorities to implement the proposed protection measures within the national jurisdiction.

  6. Reporting and Collaboration: States are required to regularly report on the progress, achievements, and challenges related to the protection of the KBA through national and international reporting mechanisms. They should collaborate with other countries and organizations under the UNCLOS framework to share experiences, exchange information, and foster collaborative efforts to protect marine biodiversity.

It is important to note that UNCLOS does not provide a specific process for proposing and establishing protected areas. The establishment of protected areas is primarily governed by national legislation and policies, often guided by regional or international frameworks, and will therefore vary across regions. The UN Treaty on the High Seas, negotiated in New York in 2023 is a new process under which marine protected areas may be designated in the future, once this treaty enters into force. See further details below.

UNCLOS Articles that are relevant to the protection of the marine environment.

  • Article 192: General Obligation to Protect and Preserve the Marine Environment
  • Article 194: Measures to Prevent, Reduce, and Control Pollution of the Marine Environment
  • Article 195: Duty to Protect and Preserve the Marine Environment
  • Article 196: Cooperation in the Field of Marine Pollution
  • Article 197: Pollution from Vessels
  • Article 198: Responsibility and Liability for Pollution Damage
  • Article 199: Liability for Pollution Damage
  • Article 200: Compensation for Pollution Damage
  • Article 201: Cooperation in Response to Pollution Emergencies
  • Article 206: Environmental Impact Assessment
  • Article 211: Preservation of the Living Resources of the High Seas
  • Article 215: Protection and Preservation of the Marine Environment in Areas Under National Jurisdiction
  • Article 216: Protection of the Marine Environment in the Area
  • Article 238: Conservation and Management of Living Resources on the High Seas
  • Article 239: Highly Migratory Species
  • Article 240: Marine Mammals
  • Article 245: Cooperation in Research and Development
  • Article 246: Marine Scientific Research on the High Seas


41.7 KBA conservation through marine protected areas

When pursuing a marine protected area as a conservation mechanism for a KBA, the summaries outlined below will help inform how one could go about this.


41.7.1 Regional Seas Agreements

Regional Seas programs, such as the Mediterranean Action Plan, the Caribbean Environment Programme, and the East Asian Seas Action Plan, promote cooperation among countries in specific regions to protect and manage marine and coastal environments. These programmes often include provisions for establishing MPAs and conserving key biodiversity areas.

There are several Regional Seas programs established around the world which have the authority to establish MPAs in their respective regions. Some examples of existing Regional Seas programs that have a mandate to create protected areas include:


  1. Baltic Sea Regional Seas Programme: Covers the Baltic Sea region and is governed by the Helsinki Commission (HELCOM). The program addresses pollution, biodiversity conservation, fisheries, and maritime spatial planning in the Baltic Sea area. Contracting Parties of the Baltic Sea Regional Seas Programme can be found here.

  2. Black Sea Regional Seas Programme: Focuses on the Black Sea region and is governed by the Black Sea Commission (BSC). The program addresses pollution, biodiversity conservation, sustainable fisheries, and integrated coastal zone management in the Black Sea area. Contracting Parties include Republic of Bulgaria (Bulgaria), Georgia, Romania, the Russian Federation, the Republic of Turkey, and Ukraine.

  3. Caribbean Regional Seas Programme: Covers the Caribbean Sea and is governed by the Caribbean Environment Programme (CEP). The program addresses pollution, coral reef conservation, coastal erosion, climate change impacts, and sustainable tourism in the Caribbean region.

  4. Mediterranean Regional Seas Programme: Governed by the United Nations Environment Programme - Mediterranean Action Plan (UNEP/MAP), the program focuses on the Mediterranean Sea region and aims to implement the provisions of the legally-binding Barcelona Convention. It addresses pollution, marine biodiversity, coastal zone management, and sustainable development in the Mediterranean. The 22 Contracting Parties of the Barcelona Convention can be found here.

  5. Northeast Atlantic Regional Seas Programme: Governed by the Oslo-Paris Convention (OSPAR), this program covers the Northeast Atlantic Ocean. It addresses pollution, marine biodiversity conservation, fisheries management, and offshore oil and gas activities in the region.

  6. The Abidjan Convention: A regional Treaty established in protect and manage the marine and coastal environment of the West and Central African region. The Abidjan Convention focuses on addressing pollution, conserving biodiversity, and promoting sustainable development. [

  7. Northwest Pacific Regional Seas Programme: Governed by the Northwest Pacific Action Plan (NOWPAP), the program focuses on the marine environment of the Northwest Pacific region. It addresses pollution, biodiversity conservation, sustainable development, and marine litter management.

  8. South Asian Seas Programme: Covers the marine and coastal areas of the South Asian region and is governed by the South Asia Co-operative Environment Programme (SACEP). The program addresses pollution, biodiversity conservation, climate change impacts, and integrated coastal zone management in the region.

  9. Southeast Pacific Regional Seas Programme: Governed by the Permanent Commission for the South Pacific (CPPS), this program focuses on the marine environment of the Southeast Pacific region. It addresses pollution, marine biodiversity conservation, sustainable fisheries, and climate change impacts.

  10. **The Nairobi Convention:** A Regional Seas Programme of the UNEP, covering the coastal countries of the Western Indian Ocean. [The Nairobi Convention](https://www.nairobiconvention.org/) aims to promote the protection and sustainable management of the marine and coastal environment in the region, focussing on pollution, conserving biodiversity, and promoting sustainable development through cooperative efforts and the implementation of specific action plans and protocols. Its Contracting Parties can be found [here](https://www.nairobiconvention.org/nairobi-convention/who-we-are/contracting-parties/), with its National Focal Points listed [here](https://www.nairobiconvention.org/nairobi-convention/who-we-are/country-representation/).

  11. Antarctic Regional Seas Programme: Governed by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR): Manages marine living resources in the Southern Ocean, including fisheries. Members and their respective contact details can be found here.


41.7.2 The High Seas Treaty

Currently in its ratification phase (as of FEbruary 2024), the Agreement Under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (also called the High Seas Treaty or the “BBNJ Treaty”) is hoped to come into force following ratification by 60 parties, by the next United Nations Ocean Conference in June 2025 in Nice, France. If a KBA is identified in international waters, the High Seas Treaty is the appropriate framework to use to propose a protected area.

The Treaty provides a legal pathway for the designation and implementation of MPAs that are fully or partially located on the high seas. Under the draft text of the treaty, they are defined as areas for “conservation and sustainable use” of biodiversity. For the high seas, this mechanism previously only existed in Antarctica, the Northeast Atlantic and the Mediterranean and relatively few high seas MPAs have been designated to date.

The process for MPA designation under the High Seas Treaty, once it enters into force will be as follows: Proposals are submitted by a Contracting Party to the Treaty, which outlines the area that needs to be protected, the threats it faces and a draft management plan with proposed management measures. The High Seas Treaty sets out the process for defining an MPA in international waters:

  1. That proposal will undergo a consultation process where stakeholders and NGOs will have an opportunity to review and comment on the proposal.

  2. The proponent will consider the input received during the consultation process and may revise the proposal.

  3. The Scientific and Technical Body of the High Seas Treaty would review and assess the MPA proposal and provide a recommendation to the Conference of Parties (COP).

  4. The COP would decide whether to establish the MPA. Decisions on MPAs at the Conference of Parties can be taken by voting with a ¾ majority to be adopted. This process creates the ability to designate areas towards the target of 30% of ocean areas protected by 2030, target that was pledged in the CBD Kunming-Montreal Global Biodiversity Framework.

  5. The text also provides guidelines for implementation, monitoring, and review of MPAs established.

The current agreed text (as of March 2023) of the High Seas Treaty agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction can be found here.


41.7.3 Advocating for the protection of a KBA through MPA status

When advocating for the official protection of a marine KBA under national legislation or by Regional Seas Programmes, there are several effective advocacy strategies to consider. The following steps have been tailored to support the advocacy efforts for an important marine site for seabirds.


41.7.3.1 Build a Strong Case

To support the advocacy efforts for the official protection of a KBA, conducting scientific surveys and research is crucial. These efforts aim to gather comprehensive data on seabird populations, their distribution, and the ecological significance of the KBA. Key species of seabirds that rely on the KBA for breeding, feeding, or migration should be identified, and their conservation status and vulnerability assessed. Collaboration with researchers with specialist knowledge on these species and relevant ecosystems is essential to analyse and interpret the collected data, emphasizing the importance of the KBA for seabird conservation. The scientific evidence should then be used to develop a proposal, as well as fact sheets and publications that effectively its significance for seabirds and the broader marine ecosystem.


41.7.3.2 Raise Awareness and Mobilize Support

To generate support for the official protection of a marine KBA, various advocacy strategies can be employed. Collaboration with bird enthusiasts, environmental organizations, and local NGOs can be useful in promoting and highlight the value of the KBA and fostering public support. Leveraging the power of social media platforms, websites, and local media channels enables the widespread dissemination of information about the KBA, including success stories, interesting seabird facts, and the need for its protection.

Encouraging community involvement through citizen science programs provides opportunities for locals to contribute valuable data and observations on seabird populations and habitats, fostering a sense of ownership and engagement in the protection of the KBA. It should be noted that engaging local communities in supporting the protection of an KBA is likely to be easier if it’s located in areas of national jurisdiction or near coastlines, and that other strategies may be needed for areas in the high seas.


41.7.3.3 Engage Decision-Makers

Engaging decision-makers is essential in advocating for the official protection of a marine KBAs. The first step is to identify key decision-makers at the national level, such as ministries of environment, fisheries, or tourism, and focus advocacy efforts on them, including engaging with their key advisors. This can be done by engaging in government frameworks to develop MPA networks, and through formal submissions on marine protection processes. It is crucial to demonstrate the socio-economic benefits associated with protecting the KBA, emphasizing how conservation efforts can contribute to sustainable development. Where possible, engaging with Ministers or high-level officials over the important value that KBAs and the related science can bring to MPA network development is useful. Emphasise the role of seabirds and coastal birds as umbrella species for many other parts of the marine ecosystem.

Supporting the advocacy with policy briefs, proposals, and case studies that showcase successful examples of protected KBAs in other regions and the positive outcomes they have achieved can help sway decision-makers. Additionally, seeking endorsements from influential individuals, organizations, or businesses who can lend their support to the cause and effectively influence decision-makers can further strengthen the advocacy efforts.


41.7.3.4 Collaborate with Environmental Mechanisms

When advocating for the protection of a marine KBA, it is important to identify and collaborate with relevant global and regional environmental mechanisms that address the specific threats faced by seabirds in the KBA. For example, there are many mechanisms that address marine plastic pollution, such as the African Marine Waste Network, , that aims to combat marine litter, including plastic pollution, in African coastal areas and the and the European Union LIFE project SEABIL which aims to create regional level governance structures that will help reduce the production of waste by marine professionals and upskill the public in reporting pollution events and seabird deaths on beach areas across Western Europe.

In the case of overfishing and bycatch, engagement with Regional Fisheries Management Organizations (RFMOs) or the Agreement on the Conservation of Albatrosses and Petrels (ACAP) can be effective, as their objectives include minimizing the effects of fishing on associated and dependent species (for RFMOs and ACAP) and protecting seabirds in specific regions (for ACAP).

Additionally, to address climate change impacts, collaboration with the Intergovernmental Panel on Climate Change (IPCC) and regional climate change organizations is crucial. By sharing relevant data and research on the vulnerability of seabirds to climate change, advocacy efforts can emphasize the need for climate action to protect these vulnerable species and their habitats.

Referring to the relevant mechanisms to support different aspects of the identified KBA (i.e., by region, threat, species), as well as how it can contribute to a country’s global commitments to environmental conventions (e.g., CMS, CBD, ACAP), can be crucial for securing an area’s protected status.


41.7.4 KBA conservation through alternative pathways

It is important to note that not all KBAs will become marine protected areas and that many may gain various levels of protection through other effective area-based conservation measures (OECMs), areas-based management tools or species-based protection.

An OECM is “a geographically defined area other than a Protected Area, which is governed and managed in ways that achieve positive and sustained long-term outcomes for the in-situ conservation of biodiversity with associated ecosystem functions and services and where applicable, cultural, spiritual, socio–economic, and other locally relevant values” (as set out in CBD Decision 14/8, CBD, 2018).

For KBA protection to be included in the Global Biodiversity Framework Target 3, which aims to protect 30% of marine and coastal areas by 2030 (policy ambitions known as “30x30”), it must be covered by either a marine protected area or an OECM. Inclusion of OECMs in CBD targets allows an alternative pathway to achieve biodiversity conservation through a wider range of spatial management practitioners, even in cases where conservation isn’t the primary objective but nonetheless an outcome of such management.

Area-based management tools (ABMTs) are a “tool, including a marine protected area, for a geographically defined area through which one or several sectors or activities are managed with the aim of achieving particular conservation and sustainable use objectives” (BBNJ Draft Agreement, 2023; Part III). In the marine context, ABMTs may include but are not limited to temporary or permanent fishing closures, customary fisheries management areas and marine spatial planning.

ABMTs have previously been promoted in UN commitments such as the sustainable development goals and the Global Biodiversity Framework. Recognising which ABMTs can meet OECM criteria remains a work in progress as many government authorities and the private sector still set up standardized processes for the identification, designation, and ongoing management of OECMs (Himes-Cornell et al., 2022). Whether the area-based management tool meets all the OECM criteria is very context specific and can vary on a case-by-case basis.

The following section outlines both area-based and species-specific conservation methods that offer an alternative pathway towards protecting KBAs.


41.7.4.1 Sustainable fisheries management

Regional Fishery Management Organisations (RFMOs) are international bodies responsible for the conservation and management of fishery resources in specific regions. Some RFMOs, such as the Northwest Atlantic Fisheries Organization (NAFO), have adopted measures to protect important marine habitats. Most RFMOs focus strongly on management of fishing activity on specific stocks that they manage as defined in the agreements, their activities can include setting allowable catches, reporting catch and effort, implementing measures to prevent overfishing, and regulating fishing practices within their areas of competence.

ABMTs can meet the criteria to qualify as an OECM if there is evidence that they provide co-benefits to biodiversity, with those that do using ecosystem-wide approaches to achieve both socio-cultural and biodiversity goals. If the identified KBA is threatened by unsustainable fishing practices, such as fish stock over-exploitation or incidental mortality (also known as bycatch), RFMOs can be approached to contribute to the protection of KBAs. Management of fisheries by an RFMO, contributing to sustainable management of a KBA also has the potential to meet OECM criteria, if one of its primary objectives is to enable sustainable management of fisheries (Himes-Cornell et al., 2022).

RFMOs provide scientific advice on fish stocks and fisheries management, which in turn can inform zoning management plans and spatial management measures in an area could be further protected by area-based management actions or time-based management of fishing activity (e.g., seasonal restrictions). The regions and RFMOs with most influence on Albatross populations were examined by (Beal, Dias, et al. (2021)) and showed that multiple countries had strong connections with different RFMOs, creating a complex web of interactions between fishery management organisations and their member countries, in terms of seabird conservation. This highlighted the shared responsibility of international agencies on marine biodiversity, and the difficulty of working on multiple fronts to achieve conservation outcomes.

Some prominent Regional Fisheries Management Organizations (RFMOs) include:

Most fisheries ABMTs have the potential to allow various fishing activities while achieving the desired outcomes of an OECM, as long as the fisheries can operate in accordance with its criteria.


41.7.4.2 Ecosystem-based management through marine spatial planning (MSP)

Marine spatial planning (MSP) is a comprehensive and integrated process that aims to strategically manage and allocate the use of marine space and resources. It involves the systematic analysis of marine ecosystems, human activities, and stakeholder interests to make informed decisions about how to best utilize and protect marine areas. MSP considers ecological, economic, social, and cultural considerations to achieve sustainable and balanced outcomes. MSP can play a crucial role in protecting marine KBAs through:

  1. Zoning and Spatial Management: MSP allows for the allocation of specific zones within a marine area based on ecological importance and different uses. By designating zones that prioritize the conservation of KBAs, such as no-take zones or restricted-use areas, MSP helps minimize the impact of potentially harmful activities on these critical habitats.

  2. Ecosystem-Based Approach: MSP encourages an ecosystem-based approach to management, considering the interconnectedness of different habitats, species, and ecological processes. By considering the broader ecosystem context, MSP can help protect and maintain the ecological integrity of KBAs.

  3. Stakeholder Engagement and Collaboration: MSP promotes stakeholder engagement and collaboration, bringing together various sectors, including government agencies, industries, NGOs, indigenous groups, and local communities. Stakeholder consultations may include establishing guidelines for activities such as fishing, shipping, energy exploration, tourism, and conservation. This participatory approach allows for the inclusion of different perspectives and knowledge, helping to ensure the effective protection of KBAs while addressing the needs and interests of all stakeholders.

  4. Adaptive Management and Monitoring: MSP emphasizes adaptive management and monitoring, enabling the assessment of the effectiveness of conservation measures in protecting KBAs. By regularly evaluating the status of KBAs and adjusting management strategies as needed, MSP ensures the ongoing conservation of these important areas.


The entities responsible for carrying out MSP in EEZs and ABNJ vary depending on the jurisdiction. In EEZs it may be the responsibility of a national government agency or a dedicated MSP authority. Here are a few examples of specific MSP authorities that can assist mapping out the activities of a marine area within and around a KBA:

  1. United Kingdom Marine Management Organisation (MMO)

  2. Norwegian Coastal Administration

  3. Swedish Agency for Marine and Water Management

  4. Dutch Ministry of Infrastructure and Water Management

  5. Australian Marine Spatial Planning Portal

  6. Baltic Sea Region Spatial Planning

  7. The United States of America National Oceanic and Atmospheric Administration (NOAA)

  8. European MSP Platform – A collaborative initiative that supports MSP in European waters

In areas beyond national jurisdiction, regional or international organizations, such as regional fisheries management organizations or the regional seas organisations may play a role in coordinating and implementing MSP processes. For example, the Nairobi convention which operates across several nations in the Western Indian Ocean and East Africa region has conducted an extensive MSP process combining work across the EEZs of several nations under their SAPPHIRE and WIOSAP programmes. It’s important to note that with the ongoing ratification of the BBNJ Treaty, marine spatial planning methodologies is still a developing field.


41.7.4.3 Major Conventions: Convention on Migratory Species

As an environmental treaty of the United Nations, Convention on Migratory Species (CMS) provides a global platform for the conservation and sustainable use of migratory animals and their habitats. CMS brings together the States through which migratory animals pass, the Range States, and lays the legal foundation for internationally coordinated conservation measures throughout a migratory range. CMS Parties strive towards strictly protecting these animals, conserving, or restoring the places where they live, mitigating obstacles to migration and controlling other factors that might endanger them. Parties and Range States of CMS can be found here.

While there is no formal process to protect KBAs under the CMS, applying for the protection of specific species that frequently inhabit the identified KBA not only safeguards these migratory species and their habitats but also extends protection to the KBAs themselves. This synergistic approach ensures that both the species and their critical habitats receive the necessary levels of conservation and management.

The CMS has however recommended the inclusion and effective conservation of KBAs for migratory species as headline indicators for Target 3 of the Global Biodiversity Framework. This approach would integrate elements of effectiveness, which entails creating favourable conditions, and connectivity, as demonstrated by the status of migratory species. It would rely on standardized monitoring of Key Biodiversity Areas (KBAs) using data collected through on-site observations and remote sensing methods, leveraging existing monitoring practices and datasets which have been highlighted for birds. The coordination of these efforts would be facilitated through the KBA Partnership.

If there are certain migratory species within the boundaries of the KBA that should be protected under the Convention on Migratory Species (CMS), there are the general steps one can follow to do so:

  1. Understand the CMS and its mandate: ensure that the proposal aligns with the CMS goals and specifically addresses the conservation needs of migratory seabirds.

  2. Consult with experts and stakeholders: Engage with experts, scientists, and stakeholders who have expertise in migratory seabirds, marine conservation, and the CMS. Seek their input, advice, and support regarding the proposed KBA and its potential protection under the CMS framework.

  3. Prepare a proposal: A state that is party to the CMS must sponsor any proposal for protection. However, civil society groups, researchers or experts can assist the process of developing a comprehensive proposal outlining the ecological importance of the KBA for migratory seabirds, including information on species, populations, breeding and feeding habitats, and migratory pathways. Identify any threats the area faces and propose conservation measures that can be implemented under the CMS framework to address these threats. Existing proposals, as well as Appendix I and II templates can be found here.

  4. Engage with the CMS: Contact the CMS Secretariat and express the intention to propose the establishment and protection of the KBA under the CMS. Request guidance on the submission process, relevant agreements, and any specific requirements they may have for such proposals.

  5. Submit the proposal: Prepare the formal proposal according to the CMS guidelines and submit it to the Secretariat within the specified timeframe. Include all relevant information, supporting documents, and scientific evidence to strengthen its case.

  6. Participate in CMS meetings: If the proposal is accepted, the proposer may be invited to present and discuss it at CMS meetings or relevant working groups.

  7. Advocate for support: Reach out to member countries of the CMS and other relevant stakeholders to garner support for the proposal. This may involve diplomatic efforts, raising awareness about the KBA’s significance for migratory seabirds, and mobilizing support from conservation organizations, birding communities, and the scientific community.

  8. Follow the decision-making process: The CMS operates through a decision-making process involving the Conference of the Parties (COP) and other subsidiary bodies. The proposal will undergo review and assessment by relevant expert groups and committees. Ultimately, the proposal will be considered for adoption or endorsement during the COP meetings.

  9. Monitor and adapt: If the proposal is successful and the KBA is recognized and protected under the CMS, it is crucial to continue monitoring the area and adapting conservation measures as needed. Collaborate with relevant stakeholders and contribute to ongoing research and monitoring efforts related to migratory seabirds and their habitats.


41.7.5 KBA conservation guidance: further information

41.7.5.1 The International Union for Conservation of Nature (IUCN)

The IUCN is an international organization that provides guidelines, expertise, and recommendations related to conservation and sustainable management practices. The establishment of MPAs is typically the responsibility of governments or relevant authorities at the national or local level. These authorities are responsible for designating and legally establishing MPAs within their jurisdiction.

However, the IUCN plays a crucial role in providing guidance and technical support to governments, stakeholders, and communities in the establishment and management of MPAs. The IUCN’s expertise, including its protected area management categories and guidelines, can assist in developing effective MPA networks, ensuring conservation objectives are met, and promoting best practices in MPA management.

Once the conservation needs of the KBA have been identified and its boundaries delineated, the IUCN offers comprehensive guidelines on establishing and effectively managing MPAs. The following steps are recommended:

  1. Stakeholder engagement: Identify and engage relevant stakeholders, including local communities, indigenous groups, scientists, and resource users, to gather their perspectives and ensure their involvement throughout the process.

  2. Zoning and regulations: Develop a zoning plan that designates specific areas for different levels of protection or use and establish regulations and management measures accordingly.

  3. Assess the potential environmental, social, and economic impacts, and develop mitigation measures to address any negative effects.

  4. Legal and institutional framework:

    • Legal designation: Identify the appropriate legal mechanisms for designating the MPA, considering national laws and international obligations.

    • Governance structure: Define the governance structure and management arrangements, involving relevant government agencies, local communities, and other stakeholders.

  5. Develop a comprehensive management plan: Formulate a management plan that outlines specific objectives, strategies, and actions for conservation, monitoring, enforcement, and community engagement. Allow for flexibility and adaptive responses to changing conditions and new information.

  6. Capacity building: Identify capacity needs and develop training programs to enhance the skills and knowledge of MPA managers and staff.

  7. Enforcement and compliance: Establish mechanisms for monitoring compliance with regulations, detecting and addressing illegal activities, and imposing appropriate penalties for non-compliance.

Establishing marine protected areas, particularly in areas that have been identified as KBAs is key to achieving Target 3 of the Global Biodiversity Framework, which aims for the protection of 30% of marine and coastal areas by 2030 (30x30). The IUCN offers additional guides on how to best achieve 30x30, as well as how to implement effective area-based management tools, conserve connectivity and strengthen ecological networks can be found here.


41.7.5.2 The Global Ocean Biodiversity Initiative

The Global Ocean Biodiversity Initiative (GOBI) is not a formal regulatory body but rather a collaborative partnership that supports the conservation and sustainable use of marine biodiversity.

While GOBI does not have a specific process for proposing and establishing MPAs, it provides expertise, knowledge and data to support the Convention on Biological Diversity’s efforts to identify ecologically or biologically significant marine areas (EBSAs) by assisting a range of intergovernmental, regional and national organisations to use and develop data, tools and methodologies. GOBI also undertakes research that will generate new science to enhance the value of EBSAs and their utility for promoting environmental protection and management for specific areas of the world’s oceans.

The GOBI Advisory Board comprises representatives from the Convention on Biological Diversity, the Convention on the Conservation of Migratory Species of Wild Animals, the Food and Agriculture Organisation, the Global Environment Facility, the International Maritime Organisation, the Intergovernmental Oceanographic Commission of UNESCO, the International Seabed Authority, the UN Development Programme, the UN Environment Programme and, as an observer, the Division for Ocean Affairs and the Law of the Sea of the United Nations Office of Legal Affairs.

Therefore, those who want to propose the protection of KBAs may reach out to GOBI to request support and guidance regarding the following:

  1. Proposal developments: Advise on the scientific assessment of the marine KBA to gather data on its ecological importance, biodiversity values, and conservation needs. This assessment should include ecological surveys, biodiversity monitoring, and analysis of threats and vulnerabilities. The scientific evidence will support a proposal and inform conservation efforts.

  2. Stakeholder Engagement: Engaging with relevant stakeholders, including local communities, scientists, NGOs, and government agencies. As the partnership consists of many diverse NGOs, they can put proposers in contact with relevant local partners within their own partnerships that may act as consultants or stakeholders to a KBA.

  3. GOBI Secretariat and Partnerships: Share a MPA proposal with the GOBI Secretariat and relevant partners. The GOBI Secretariat serves as a central hub for coordinating GOBI activities and can provide guidance, support, and feedback on proposals. Collaboration with partners can enhance the implementation of conservation measures and access to resources.

  4. GOBI Workshops and Capacity Building: Participate in GOBI workshops, training programs, and capacity-building initiatives. These activities provide opportunities to learn from experts, share experiences, and build technical and scientific capacities related to marine biodiversity conservation. Stay updated on GOBI events and initiatives that can support certain proposals.

  5. Funding Opportunities: Explore funding opportunities provided by GOBI and its partners. GOBI often supports projects and initiatives that contribute to marine biodiversity conservation and the establishment of protected areas. Consider applying for relevant grants, awards, or fellowships to secure resources for the implementation of a proposal.


41.7.6 Are KBA conservation actions working? Monitor and document

To understand whether the conservation mechanism for a marine megafauna population within the marine KBA is working, it is essential to establish a comprehensive monitoring programme. This programme should regularly assess the status and trends of species populations, including their reproductive success, foraging behaviour, and any changes in their habitat. Collaboration with research institutions, universities, and citizen science initiatives is crucial to collect valuable data on seabird abundance, distribution, and potential threats. Standardized monitoring protocols and methodologies should be implemented to ensure data consistency and comparability over time, enabling accurate analysis of long-term trends. For birds, the BirdLife Datazone offers a framework for monitoring IBAs that can be applied. This framework is being adopted for KBA monitoring.

It is important to document any observed changes or threats within the KBA, such as habitat degradation, pollution incidents, emergence of new threats or disturbances. The monitoring findings and reports should be shared with decision-makers, environmental mechanisms, and relevant stakeholders to emphasize the ongoing importance of conserving the KBA and the need for continued conservation efforts where necessary.