High Seas Treaty Opens New Pathway for Migratory Shark and Ray Protection Across International Waters

The Biodiversity Beyond National Jurisdiction Agreement, which entered into force in January, has been positioned as a potentially transformative framework for migratory shark and ray conservation, according to scientists and conservationists at the Sharks International 2026 conference in Sri Lanka. The treaty creates the first legal basis for establishing marine protected areas in the high seas, with experts noting that Important Shark and Ray Areas could help identify critical migratory routes and habitats for future protection across nearly two-thirds of the global ocean that has historically lacked comprehensive biodiversity safeguards.

 

Strategic Significance of the BBNJ Agreement

 

The BBNJ Agreement represents a structural shift in ocean governance by creating a legal framework for biodiversity protection in areas beyond national jurisdiction. The high seas cover nearly two-thirds of the world's ocean, and the absence of a coherent biodiversity governance regime for these areas has historically left highly migratory species exposed to industrial fishing, bycatch, habitat degradation, and climate change pressures whenever they crossed national boundaries. With the treaty now in force, governments and conservation bodies have an instrument through which to coordinate cross-border protection of species that move continuously across territorial waters and international zones. For sharks and rays in particular, this represents one of the most consequential changes in global conservation architecture in decades.

 

Migratory Pressure and the Limits of National Protection

 

The Convention on Migratory Species lists at least 38 highly migratory shark species, and several migratory rays including manta and devil rays are known to undertake long-distance oceanic movements. Marine biologist Asha de Vos, founder of Colombo-based Oceanswell, has emphasised that the invisible political lines drawn on maps have no relevance to the long-distance travellers of the open ocean. Sharks that enjoy protection within national exclusive economic zones lose that coverage immediately on entering the high seas, where governance has historically been fragmented and weak. The BBNJ Agreement is therefore positioned as a critical first step in protecting species whose biological reality is fundamentally incompatible with the existing patchwork of national jurisdiction.

 

Important Shark and Ray Areas Framework

 

Scientists at the conference highlighted the potential for the Important Shark and Ray Areas framework to support the implementation of the BBNJ Agreement. By identifying critical migratory routes, feeding grounds, and reproductive habitats, ISRAs could provide a scientific basis for prioritising the establishment of marine protected areas in the high seas. The combination of ISRA designations and the legal mechanisms created by the BBNJ Agreement provides a structured pathway for moving from scientific identification to operational protection, supporting more credible conservation outcomes than would be possible through either tool in isolation. De Vos has emphasised that protection must move forward without waiting for complete datasets, since the available scientific information is already sufficient to support the designation of high seas marine protected areas.

 

Mandatory Environmental Impact Assessments

 

The treaty introduces requirements for environmental impact assessments to be conducted before certain activities can be undertaken in the high seas. Mandatory EIAs are commercially and environmentally significant because they create a structured mechanism for evaluating the potential impact of proposed activities on biodiversity, including migratory species such as sharks and rays. The introduction of consistent environmental review obligations across the high seas raises the floor for governance and provides a basis for objecting to activities that pose significant risks to biodiversity. For industries operating in international waters, including fisheries, shipping, deep-sea mining, and emerging activities such as marine genetic resource exploration, the new framework will influence operational standards and approval pathways over the coming years.

 

Coordination With Existing International Treaties

 

Tilani Silva, Sri Lanka's deputy legal advisor at the Ministry of Foreign Affairs and a participant in the BBNJ negotiation process, has emphasised that the treaty should not operate in isolation. Effective implementation will require coordination with existing international agreements including the Convention on Migratory Species, the Convention on Biological Diversity, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The need for coherence across treaties reflects the wider reality that biodiversity governance is structured through multiple overlapping frameworks, each with its own mandate, membership, and enforcement architecture. Without active coordination, the risk is that the new instrument creates additional administrative complexity without strengthening on-the-ground protection.

 

Pressure on Indian Ocean Shark and Ray Populations

 

Daniel Fernando, co-founder of the Blue Resources Trust and lead of its fisheries and policy programme, has highlighted the mounting pressure on Indian Ocean fisheries, with many fish stocks already overexploited and widespread use of gill nets affecting a broad range of marine species. The pressure is not confined to coastal waters but extends across the Indian Ocean and into the high seas. Declining fisheries also threaten the livelihoods of thousands of small-scale fishers in developing countries such as Sri Lanka, where dependence on healthy marine ecosystems is direct and immediate. The interaction between ecological decline, livelihoods, and food security underscores the breadth of the challenge facing Indian Ocean marine governance.

 

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Shark and Ray Trade Dynamics

 

Sharks and rays are increasingly harvested for international trade rather than for local consumption. Shark fins and ray gill plates continue to command high demand in Southeast Asian markets, while ray fins themselves attract exceptionally high prices. Ray skins are increasingly being used in luxury leather products including wallets, belts, shoes, and decorative interior linings in high-end European yacht markets. Fernando has warned that the emergence of new luxury markets could drive further unsustainable exploitation, particularly of ray species whose biological characteristics make them especially vulnerable to overfishing. The expansion of demand across multiple consumer markets means that conservation responses will need to address both supply-side fisheries management and demand-side market regulation.

 

Expansion of Fishing Fleets Into the High Seas

 

The decline of coastal fish stocks is pushing fishing fleets further into the high seas in search of viable catches. Sri Lanka alone has more than 52,000 fishing vessels, with around 2,500 licensed to operate in international waters. As coastal incomes decline, fishers face strong economic incentives to invest in larger vessels and travel further offshore. The migration of fishing effort into the high seas amplifies pressure on already vulnerable species and increases the urgency of effective international governance. Without timely intervention, the cumulative effect of expanded high seas fishing combined with declining coastal stocks could push multiple shark and ray populations toward critical thresholds from which recovery is difficult or impossible.

 

Equity and Benefit Sharing in the BBNJ Framework

 

Daniel Kachelriess, cross-cutting coordinator at the High Seas Alliance, has emphasised that equity was a central principle throughout the BBNJ negotiations, with small island and developing nations playing a leading role in shaping the agreement. The treaty includes both monetary and non-monetary benefit-sharing mechanisms covering marine genetic resources from the high seas, including access to scientific knowledge, technology transfer, research collaboration, and financial frameworks. The intent is to ensure that the benefits of high seas marine resources are not captured exclusively by wealthy nations with advanced research capacity. The equity dimension of the agreement reflects a broader trend in international environmental governance, where developing countries have insisted on more balanced distribution of benefits and responsibilities.

 

Enforcement and Governance Challenges

 

Despite the structural advance represented by the BBNJ Agreement, panellists at the Sharks International 2026 conference warned that enforcement, political cooperation, and coordination across treaties will be essential for meaningful shark conservation outcomes. Fernando has noted serious gaps in enforcement capacity, institutional coordination, and legal preparedness when addressing crimes and conservation challenges in the high seas. The fragmented governance architecture, combined with the operational difficulty of monitoring activity across vast ocean areas, presents a significant challenge to translating treaty commitments into operational protection. Building enforcement capacity, particularly in developing coastal states that lack the resources for sustained high seas operations, will be critical to the credibility of the new framework.

 

Outlook for Migratory Shark and Ray Conservation

 

The entry into force of the BBNJ Agreement represents the most significant development in high seas governance in decades and provides a credible framework for advancing the conservation of migratory sharks and rays. However, the treaty alone cannot deliver protection outcomes, and the next phase of implementation will be defined by the establishment of high seas marine protected areas, the operationalisation of environmental impact assessment requirements, the integration of ISRAs into protection planning, and the coordination of activity across existing international agreements. As more countries ratify the treaty and as the first Conference of the Parties approaches, the international community has an opportunity to translate the framework into measurable conservation outcomes. For sharks and rays, whose biological ranges have long defied human-imposed jurisdictional boundaries, the BBNJ Agreement offers the first realistic pathway to coordinated global protection.