The ocean is home to whales, sharks, seabirds, fish, and countless other animals. This living ecosystem covers 71% of Earth’s surface, yet nearly two-thirds of it (the areas beyond national jurisdiction) have long lacked legal protection.
On 17 January 2026, that changed. The High Seas Treaty entered into force. Formally known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement), it is the first legally binding global framework specifically for these areas of the ocean.
Last month, countries met in New York to build the practical tools needed to implement the treaty effectively. WFA joined the discussions to help ensure marine animals are not treated as a side issue.
Why the high seas matter for aquatic animals
The vacuum of legal protection for the high seas has left vast numbers of aquatic animals vulnerable to some of the greatest threats:
- Ghost gear is lost or abandoned fishing nets and lines that can entangle whales, sea turtles, and seals for months or even years, causing injury, starvation, and death.
- Large-scale industrial fishing often catches animals that were never meant to be targeted, known as bycatch. This results in the deaths of millions of dolphins, sharks, and seabirds alongside other fish species.
- Industrial shipping creates underwater noise pollution that can disrupt how whales communicate, navigate, and feed, and in some cases may contribute to strandings.
How the BBNJ Agreement protects marine animals
With the High Seas Treaty in force, governments must now finalise developing the following practical tools to ensure that it translates into meaningful protection for animals:
Assessing the impact of human activity through Environmental Impact Assessments
- What it is: Before any major activity begins, such as deep-sea mining or large-scale industrial fishing, governments must evaluate the potential damage.
- The impact on animals: Decision-makers must consider whether an activity will injure, kill, or disturb aquatic animals through noise stress, habitat destruction, or accidental capture.
- Critical factors: It is key that these assessments account for individual harm (injury, distress, and mortality) rather than focusing exclusively on the survival of an entire species or population.
It must also include cumulative harm, where multiple stressors combine to render a habitat unlivable. For example, while one shipping route may seem manageable, the addition of a wind farm and seismic surveys can create enough noise to render an area unlivable for whales who rely on sound to survive.
Creating safe havens through Area-Based Management Tools
- What it is: These tools allow governments to establish protected areas in the high seas by restricting or banning destructive practices.
- The impact on animals: They create safe areas for feeding, breeding, and migrating.
- Critical factors: To be effective, these protected areas must be sufficiently large and strictly enforced to shield animals from threats like industrial fishing.
Knowledge-sharing through the Clearing-House Mechanism
- What it is: A global, open-access platform where countries can share scientific data, technical information, and best practices for protecting the ocean.
- The impact on animals: This allows countries to collaborate on proven methods to, for example, reduce bycatch, prevent ghost gear, and secure migratory corridors.
- Critical factors: This platform must integrate multidisciplinary knowledge, including expertise on aquatic animals, ecosystem functioning, and fisheries science. It should be a priority to address issues such as ghost gear and prevent biased assessments that might underestimate harm to animals.
The recent session in New York helped move the work forward, but stronger ocean protection also depends on making animals more visible. “Biodiversity” is an important term, but it can sound abstract. Naming aquatic animals directly helps decision-makers recognise that these policies affect living beings in the ocean.
Making the High Seas Treaty effective for animals
The treaty is now in force, but the next few months matter enormously in making sure it delivers real protection for aquatic animals. The next major milestone is the first meeting of the Conference of the Parties (COP), expected before January 2027.
Moving forward, at WFA, we will keep pushing for science-based environmental impact assessments, stronger recognition of aquatic animals and ecosystem impacts, and immediate action on ghost gear.
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