Dynamic MPAs in the Arctic Ocean: Governance challenges and potentials

Dynamic Management (DM) provides an option to protect marine migratory species and dynamic habitats. This can be particularly important in areas with rapidly changing environmental conditions due to climate change as is the case in the Arctic Ocean. The implementation of conservation measures for marine migratory species in areas beyond national jurisdiction (ABNJ) has historically presented a significant challenge. Nevertheless, these spaces continue to serve as a vital habitat for highly migratory animals. Following the adoption of the new BBNJ Agreement, discussions on the implementation of DM have gathered pace. In order to implement DM approaches, it is necessary to consider not only the international legal framework, but also the respective jurisdiction and sovereignty. The BBNJ Agreement allows for the integration of migratory connectivity, which could facilitate the establishment of migratory protected areas via ABMTs. Moreover, the BBNJ treaty could assist in addressing some regulatory and governance deficiencies in ABNJ by facilitating the establishment of MPAs, including ecologically connected networks for migratory marine species, and opening the door to a more comprehensive and effective ocean governance system in international waters. In order to fully implement dynamic approaches, like dynamic mobile protected areas (MPAs), in the high seas (e.g. the Arctic Ocean), it is necessary to establish a governance system that can support the implementation of approaches that would transition between the high seas and national jurisdictions. We seek to identify the manner in which dynamic MPAs, as an illustration of the DM approach, could be structured and to ascertain the probable configuration of a potential governance structure. The BBNJ Agreement could facilitate such an implementation and even support a hybrid governance structure that combines a regional and global approach. A further development of the dynamic MPA concept is the idea of climate-responsive biodiversity closures (CRBC), which has yet to be implemented. This combines multisectoral protection with long-term biodiversity conservation