Documents

The paper is presented by the author in her personal capacity and opinions expressed in this paper should be attributed to the author.  They are not mean to represent the positions or opinions of the UNEP or the State Parties to the Framework Convention on the Protection of the Marine Environment of the Caspian Sea.

This scoping paper considers the interrelationship between the fisheries and the protection of the marine environment of the Caspian Sea.  It has been prepared in response to the request of the Parties to the Convention on the Protection of the Marine Environment of the Caspian Sea, during the first meeting of Conference of the Parties in May 2007 in Baku.[1]  The aim of the scoping paper is to support the Parties in their efforts to intensify their regional dialogue and to build their regional partnership for safeguarding the marine environment of the Caspian Sea for the benefit of present and future generations. 

[1] Statement of Ministers at the first Meeting of the Conference of the Parties to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, 25 May 2007, Baku, Republic of Azerbaijan.

Links between environment and security are an issue of heated debate in the academic community. This report looks at the role of environmental factors in increasing stress over a specific region of Central Asia, the East Caspian Sea shore of Turkmenistan and Kazakhstan.

Traditionally, notion of security has primarily been conceived in terms of neutralizing military threats to the territorial integrity and political independence of the state. However, in recent years, there has been increasing emphasis placed on expanding the traditional concept of security to include non-conventional threats and factors promoting tensions and conflict.

The analysis presented here seeks to identify those environmental, socio-economic and political issues that are profoundly affecting the livelihoods of the populations and populations and could lead to instability and possibly perturbations.

There is a widespread perception that the Caspian is in a state of ecological decline, and that one aspect of this is a decline in biodiversity.  This is of particular concern, due to the status of the Caspian as a unique water body inhabited by a large number of endemic species.  There is also a widespread belief that the Caspian is very sensitive to the impacts of industrial activities and in particular to those associated with oil and gas production and transportation.

There no evidence that reduction in fish populations is the only possible cause of decline in tulka catch. Availability of existing stocks to fishery industry could be another immediate cause of decline in catches. This cause is more difficult to exam as little data is available on stocks relocation and changes in fish behaviour.

Decline of stock is reported and is considered as the most important factor. At the moment it is the only immediate cause possible to exam with sufficient data. It has several underline causes and each cause can has different impact to three species. According to Astrakhan Fishery Institute data stock of anchovy tulka reduced from 968 thousands tons in 1999 to 300 thousands tons in 2002, stock of big-eye tulka reduced from 112 thousand tons in 1999 to 4 thousands tons in 2004; and stocks of Caspian tulka remain in stability at the level of 400 thousands tons.

The Caspian Sea, world largest lake, is bordered by Republic of Azerbaijan, Islamic Republic of Iran, Kazakhstan, Russian Federation and Turkmenistan. Out of 122 fish species and subspecies living in the Caspian Sea, 40 species are believed to be commercial and presently 25 species are the main exploited fish (Ivanov, 2000). At present sturgeons, tulka and Caspian Sea seals are considered as shared commercial stocks between Caspian Sea range states.

The Caspian Environment Programme is a regional partnership between the five littoral states of the Caspian Sea (Azerbaijan, the Islamic Republic of Iran, Kazakhstan, the Russian Federation and Turkmenistan) and international organisations (the EU, UNDP, UNEP and the World Bank). The goal of the CEP is the environmentally sustainable development and management of the Caspian Environment. Part of the process in achieving this goal is identifying the priority environmental issues and developing a regional Strategic Action Programme and five National Caspian Action Plans , one for each of the  littoral countries.

The Caspian Sea is the largest completely enclosed body of salt water in the world and constitutes a particularly fragile ecosystem. It contains great fishery resources, including 90% of the world’s stock of sturgeon, as well as vast oil and gas deposits in the subsoil. It is crossed by important transportation routes connecting Europe and Central Asia. For much of the twentieth century it was within the exclusive domain of Iran and the USSR, with the latter enjoying naval dominance. With the collapse of the Soviet Union the geopolitical situation in the region changed significantly. Instead of two, there are currently five riparian states – Russia, Iran, Azerbaijan, Kazakhstan and Turkmenistan – each filing differing legal claims.

At the meeting point of the Middle East, Europe, and Asia, the Caspian region includes steppe land in the north, cold, continental deserts and semi-deserts in the northeast and east, and warmer mountain and highland systems in the south and southwest. The coastal wetlands of the Caspian basin include many shallow, saline pools, which attract a variety of bird life and biodiversity; over 400 species are unique to the Caspian. In addition, the sea's native sturgeon is famous the world around for the roe it produces: sturgeon from the Caspian Sea accounts for approximately 90% of the world's caviar industry.

National Brief on Legislative and Institutional Measures for the Protection and Sustainable Development of the Caspian Sea Environment in the Russian Federation was made by the ANO "Centre for International Projects" (CIP) on the commission of the Ministry of Natural Resources of the Russian Federation in line with the preparation of the position of the Russian side to the 1st Conference of the Parties to the Tehran Convention, and according to the Memorandum of Understanding between UNEP/ROE and CIP.

The main objective of this work is assessment of the preparedness level of the national environmental legislation of the Russian Federation to provide implementation of the Tehran Convention provisions, as well as its protocols, which drafts are under the preparation by the experts from the Caspian littoral countries.

Туркменистан принимает активное участие в решении глобальных экологических проблем. Сегодня им ратифицированы основные природоохранные конвенции ООН. К ним относятся Рио-конвенции с которыми связано осуществление широкого круга обязательств предусмотренных в их специальных нормах и положениях. Сотрудничая со странам мира в области охраны окружающей среды, важное место в этой деятельности отводится региональному сотрудничеству. Одним из приоритетов в региональном сотрудничестве, для Туркменистана являются проблемы связанные с  Каспийским морем.

В Азербайджанской Республике существует достаточно обширная база законодательства по охране окружающей среды, в том числе и Каспийского моря. В национальном докладе о правовых и организационных мерах охраны и использования природных объектов экосистемы Каспийского моря по Азербайджанской Республике (Баку-2001) были подробно показаны Национальная система и источники нормативно-правового регулирования, а также Инструменты национального нормативно-правового регулирования (список нормативно-правовых актов и конвенций, действующих по состоянию на январь 2001 года, составляющих базу природоохранного законодательства -16 законов, 20 конвенций, включая протоколы к ним, и несколько десятков постановлений Кабинета Министров).

During the 6 years after the preparation of the national report, new pieces of legislation have emerged. These include The Caspian Sea Protection Convention and The 4th Social, Economic and Cultural Development Plan of the country. This report provides an updated overview of the laws, regulations and institutional frameworks in place with regard to the protection of the Caspian Sea.

In the Caspian Sea basin Mangistauskaya and Atyrauskaya oblast of Kazakhstan are located. The Ecological program of Mangistuskaya oblast for 2005-2007 directed to solve such problems as liquidation of historical pollution, biodiversity conservation and prevention of desertification and soil degradation, reduction of the volumes of industrial and household waste, etc. All regional programs are obligatory submitted to the approval of Ministry of Environment Protection of Republic of Kazakhstan (MoEP RK), and then it can be approved in regional Maslikhats. The Ecological program of Atyrauskaya oblast for 2006 - 2008 is approved in the MoEP and now is on the confirmation in the regional Maslikhat.

The present report has been prepared by the regional legal expert – Irina Krasnova, professor of environmental law of the Russian Academy of Civil Service under the President of the Russian Federation, doctor of juridical science.

The report is prepared within the framework of the Caspian Environment Programme in accordance with the relevant UNEP project, the Terms of Reference for the Regional Legal Expert.

The Report is based on the National Briefs on Legislative and Institutional Frameworks for the Protection and Sustainable Management of the Caspian Sea Environment prepared by National Legal Experts of the five Contracting Parties to the Framework Convention for the Protection of the Marine Environment of the Caspian Sea (further – Tehran Convention), on the materials provided by the UNEP/ROE, and obtained from various information and data base sources, advice and cooperation of the CEP/PCU.

The present report has been prepared by the international legal consultant – Irina Krasnova, professor of environmental law of the Russian Academy of State Administration under the President of the Russian Federation, doctor of juridical science.

The report is prepared within the framework of the Caspian Environment Programme in accordance with the relevant UNEP/UNDP/TACIS project, the Terms of Reference for the International Consultancy of Legal National Assessments attached in Annex III to the project and the Workplan for CRTC/LREI.

Marine litter (ML) is a complex though solvable problem with significant implications for the marine and coastal environment and human activities all around the world. It originates from several sources, travels in many paths and finally sinks in different distances from its origin making its wide spectrum of negative environmental, economic, safety, health and cultural impacts highly considerable. Despite efforts made internationally, regionally and nationally, there are indications that the marine litter problem continues to worsen.

Public Participation is stimulated in key international instruments such as the 1998 Aarhus Convention (Convention on Access to Information, Public Participation in Decision-Matters), signed and ratified by many of the Caspian Sea countries, and builds on the requirements of the Commission on Sustainable Development to promote the implementation of Agenda 21 and the follow-up to the World Summit on Sustainable Development.  Public participation is required within the Aarhus Convention and is in line with the principle 10 of the Rio Declaration on Environment and Development, and the United Nations Millennium Development Goals (MDGs).

The Caspian Sea, world largest lake, is bordered by Azerbaijan Republic, Islamic Republic of Iran, Kazakhstan, Republic, Russian Federation and Turkmenistan. Its biodiversity is comprised of 1354 plant, animal and more than 122 fish species. Out of 122 fish species and subspecies living in the Caspian Sea, 40 species are commercial and presently 25 species are the main exploited fish. The Caspian Sea fishes are divided to four main groups, including 53 species Marine fishes (43.5%), 42 species (13.4%) of freshwater origin, 18 species (14.7%) anadromous and 9 species (7.4%) semi-anadromous. At present sturgeons, kilka and Caspian Sea seals are considered as shared stocks between Caspian Sea range states.