[PUBLIC CONSULTATION] Sciaena’s contribution on the Dom Carlos Marine Nature Reserve

Sciaena welcomes the creation of the Dom Carlos Marine Natural Reserve (173,000 km²), covering the seamounts of the Madeira–Tore complex and the Gorringe Bank, initiated through Order No. 12518/2025 of the Minister for Environment and Energy and the Minister for Agriculture and the Sea, in coordination with the Autonomous Region of Madeira.

The establishment of this marine reserve will bring Portugal closer to the target of protecting 30% of the ocean by 2030, set out in the Kunming–Montreal Global Biodiversity Framework, bringing Portugal to approximately 25% of the marine space under its jurisdiction. This will contribute to Portugal serving as an example both at the European and global level, demonstrating leadership in the urgently needed protection of the ocean and in the inclusive and forward-looking recognition of local communities. The growing need to protect the ocean and contribute to the recovery and conservation of biodiversity in harmony with local human activities is not only possible, but desirable and essential. It is also important to highlight the role that protected areas play in the restoration of marine ecosystems, increasing the resilience of the ocean as a whole and strengthening its role as an ally in the fight against climate change.

It is also worth highlighting the strong focus placed on the protection of seamounts in the proposal to designate the Dom Carlos Marine Reserve. The scientific report underpinning the proposal clearly demonstrates the ecological significance of these features, which have been recognized by the United Nations General Assembly (UNGA) as Vulnerable Marine Ecosystems (VMEs), describing the critical functions they perform as areas of refuge, reproduction and feeding. These underwater structures are also recognized as true oases of biodiversity in the deep sea, resulting from the phenomenon of ecological insularity. This framework reflects the intention of the Portuguese State to demonstrate a strong commitment to safeguarding one of the most sensitive and ecologically strategic habitats on the planet.

Nevertheless, Sciaena would like to express several concerns, observations and suggestions regarding the documents supporting the creation of this marine reserve.

Management Plan for the Gorringe Bank Special Area of Conservation (SAC)

The Gorringe Bank SAC forms part of the Natura 2000 Network and is therefore subject to the legal protection regime applicable to Special Areas of Conservation, particularly with regard to preventing the deterioration of natural habitats and avoiding significant disturbance to protected species.

The plan presents a framework that is consistent with the objectives of the Habitats Directive and with the commitments undertaken by Portugal under relevant international conventions (OSPAR and the Convention on Biological Diversity), as well as with resolutions adopted by the UN General Assembly, which call on Member States to prohibit destructive activities in VMEs, particularly seamounts.

Assessment of Natural Values and Conservation Objectives

The plan identifies the following priority conservation features:

• Habitat 1170 – Reefs, including sensitive and vulnerable habitat types
• The species Caretta caretta and Tursiops truncatus, listed in Annexes II and IV of the Habitats Directive

However, Sciaena notes the absence in this section of key species for the health of the marine ecosystems in the area, particularly elasmobranchs, including the marbled electric ray (Torpedo marmorata), whose presence in this area is supported by scientific literature identifying it as an Important Shark and Ray Area (ISRA), as well as deep-sea sharks such as the leafscale gulper shark (Centrophorus squamosus), the gulper shark (Centrophorus granulosus), and the Portuguese dogfish (Centroscymnus coelolepis), all referenced in the scientific report for the Gorringe Bank. Although these species are described in the “Characterisation” section, Sciaena considers it essential that they also be included in the section on natural values, and that the conservation measures described in the following section should explicitly address them.

The conservation objectives defined are, conceptually, appropriate and aligned with the applicable legal framework. However, their implementation will depend critically on the effective operationalization of the measures foreseen, the systematic collection of scientific data, and the strict control of existing anthropogenic pressures, particularly fishing.

Assessment of Conservation Measures

In general terms, we consider that the set of complementary and regulatory conservation measures is appropriate and technically justified.

However, a significant portion of the key measures is programmatic in nature, with their effectiveness deferred to later stages of the plan’s implementation. The success of the plan is therefore strongly dependent on:

• The effective allocation of financial and human resources
• Strengthened inter-institutional coordination among management, enforcement and research bodies
• The capacity to ensure compliance with and enforcement of regulatory measures, particularly in the fisheries sector

Sciaena considers that the proposed monitoring and evaluation framework does not define sufficiently concrete actions to ensure compliance with the precautionary principle and with the obligations stemming from the Habitats Directive, and that some of the measures presented appear insufficient or inadequate for this purpose. It is therefore essential that the monitoring system be binding in nature and allow for the immediate introduction of corrective measures whenever negative impacts on conservation targets are detected.

• MC3. Improve the selectivity of authorised fishing gear.  While we consider this measure valuable, scientific evidence demonstrates that bottom longlines and other bottom-contact fishing gears may significantly impact corals and sponges, and should therefore be prohibited in areas with a high occurrence of VMEs, such as seamounts, i.e., throughout the entire proposed area. Regarding bycatch of sea turtles, Sciaena would also like to highlight a study conducted by Portuguese researchers on the impact of the pelagic longline fleet on these species. This measure should also address the reduction of bycatch of pelagic sharks in surface longline fisheries.
• MC4. Improve existing observer programmes (20% coverage). Sciaena considers that 20% observer coverage is insufficient. The objective should be that all vessels operating in this area carry observers, as only this will allow the adequate monitoring of the proposed regulatory conservation measures.
• MC7. Data system for coral and sponge bycatch. Sciaena considers this measure ideally unnecessary, reiterating the need to exclude all bottom-contact fishing gear from the entire MPA, as even small-scale bycatch of these species may irreversibly impact deep-sea ecosystems.
• MC8. Research equipment to reduce vessel strikes on Caretta caretta. In the absence of mandatory reporting of vessel strike incidents, which would allow an assessment of the current scale of the problem, this measure risks falling short of its potential effectiveness.
• MC13. Strengthen fisheries monitoring and control. Strengthening enforcement and monitoring is essential to ensure the correct implementation of the management plan. The allocation of financial and human resources to this measure is therefore crucial and should be more ambitious.
• MC14. Participatory zoning process. Sciaena considers this measure a valuable addition to the management plan, as it will allow the involvement of all stakeholders and strengthen the protection of this important area. However, the proposed implementation timeline lacks ambition, particularly regarding the creation of no-take zones, which is currently foreseen only in year three of the plan

Regulatory Conservation Measures

• MR07. Vessel monitoring. In addition to onboard observers, Sciaena supports the requirement that all fishing vessels operating in the SAC be equipped with Remote Electronic Monitoring (REM) systems, in accordance with the technical guidelines of the European Fisheries Control Agency (EFCA).

• MR10. Permitted fishing gear. Given the conservation values present in the Gorringe Bank area, including vulnerable demersal and benthic species, Sciaena considers it essential that bottom longlines and all other bottom-contact fishing gear be prohibited throughout the entire Marine Reserve, clarifying that the exemption applies only to surface longlines and pole-and-line fishing.

With regard to the temporal horizon of the proposed management plan, Sciaena considers that the 10-year timeframe appears misaligned with the ambition of some measures already proposed, such as the moratorium on deep-sea mining until 2050.

In summary, the proposed area clearly possesses high ecological and strategic value, supported by scientific knowledge that meets the expected level of rigor. Nevertheless, several issues require clarification or revision, particularly regarding the fishing gear permitted within the area and the need to ensure adequate financial mechanisms for the proper implementation of the plan, commensurate with the scale and complexity of the area.

Proposal for the Classification of the Dom Carlos Marine Natural Reserve

Sciaena welcomes this draft decree-law, which represents a structural step forward in Portugal’s national ocean and biodiversity policy, establishing the Dom Carlos Marine Natural Reserve, which will become one of the largest marine protected areas in the Northeast Atlantic. This initiative directly responds to Portugal’s international and European commitments, including:

• The 30% marine protection target by 2030 under the Kunming–Montreal Global Biodiversity Framework
• The EU Biodiversity Strategy
•  The EU Nature Restoration Regulation

The Marine Reserve should also be integrated into the future National Network of Marine Protected Areas (RNAMP) proposed by Resolution of the Council of Ministers No. 143/2019 of 29 August. The RNAMP must be coherent and supported by effective management measures, as only in this way will it be possible to ensure the success of these areas, maximizing the positive effects that protected areas can have on the restoration of marine ecosystems, increasing the resilience of the ocean as a whole and strengthening its role as an ally in the fight against climate change.

The area to be classified encompasses the Madeira–Tore geological complex, including seamounts such as Gorringe Bank and Josephine Bank, as well as the Ampère and Coral Patch seamounts. The scientific report underpinning this classification proposal identified 965 species, several of which have an unfavourable conservation status. 

The report consistently demonstrates that the proposed area comprises marine ecosystems of high ecological and scientific value, characterised by:

• High biological productivity and structural complexity;
• The presence of priority habitats, including Habitat 1170 “Reefs”;
• The occurrence of cold-water coral gardens, deep-sea sponge aggregations, maërl beds and kelp forests;
• Functional importance for rare, vulnerable or threatened species, including pelagic and deep-sea fish, elasmobranchs, turtles, seabirds and marine mammals.

Maintaining good environmental status through appropriate conservation measures is essential to ensure the protection of key species such as cold-water corals, deep-sea sharks, migratory pelagic species and seabirds, which contribute to the ecological connectivity between marine ecosystems across the Atlantic.

Objectives and coherence of the proposal

The objectives defined for the Dom Carlos Marine Protected Area (MPA) are, conceptually, appropriate and coherent with the status of a Marine Natural Reserve, being grounded in the principles of precaution and adaptive management. It should be highlighted that one of the specific objectives is to maintain or restore the good environmental status of the water column. However, the achievement of this objective will depend on the subsequent definition and implementation of effective management instruments, the availability of adequate resources, the capacity to operationalise conservation measures at a scale compatible with the size of the area, and coordination with public policy instruments and other intergovernmental organisations (IGOs).

In this regard, it is crucial that the Portuguese Government ensures that fisheries-related measures applicable to the proposed area on the Extended Continental Shelf — which includes the Jo-sister, Josephine, Gago Coutinho, Teresa, Pico Pia, Pico Julia and Toblerone Ridge seamounts, as well as Coral Patch and Ampère — are also implemented within the relevant Regional Fisheries Management Organisation, namely the North East Atlantic Fisheries Commission (NEAFC). Otherwise, such measures would apply only to Portuguese vessels, creating unequal competitive conditions in relation to fleets from other jurisdictions operating in the same area.

Portugal should therefore inform the European Commission of its intention to designate the Dom Carlos Marine Reserve, and request that the European Union, as a contracting party to NEAFC, submit a proposal at the NEAFC annual meeting in 2026 (11–14 November) to align the Commission with Portugal’s efforts to protect Josephine Bank, through its designation as an area closed to all bottom-contact fishing gears (VME). This measure would ensure the coherence and effectiveness of conservation measures for deep-sea ecosystems across all seamounts included within the new marine protected area.

Sciaena would also like to highlight the potential of the proposed governance model, namely the creation of an Executive Council, responsible for management tasks, and a Strategic Council, with an advisory role in supporting the planning and management of the MPA. However, it is not clear how the representatives of the entities composing the Strategic Council will be appointed, particularly those referred to in subparagraphs l), m), n) and o) of Article 6.

This pioneering model, which simultaneously covers areas of the Exclusive Economic Zone and the Extended Continental Shelf, combined with the adoption of an inclusive management model representing different sectors, is one that Sciaena supports and identifies with.

Environmental protection vs. economic interests

The decree establishes an environmental protection regime prohibiting activities with a high ecological impact (such as bottom trawling and hydrocarbon exploration) and placing conditions on other economic activities. However, it leaves open the criteria for authorising conditional activities and how enforcement will be strengthened in light of existing and future economic pressures.

Sciaena argues that the creation of the Dom Carlos Marine Natural Reserve should be accompanied by:

• Guaranteed multi-annual funding, included in the State Budget;

• Binding deadlines for the approval and implementation of management plans;

• An effective strengthening of enforcement;

• Transparency and accountability, through public reporting on the state of the reserve.

Sciaena maintains that, in order to achieve the objectives set out in this decree, the Dom Carlos Marine Natural Reserve will only become a genuine conservation instrument if it is accompanied by concrete actions and investment in management and enforcement.

The preparation and approval of a specific management instrument — including zoning, operational objectives, conservation measures and a regulatory framework for uses — is, in our view, a priority. At the same time, this effort must be accompanied by strengthened monitoring and control mechanisms that are compatible with the scale of the classified area, ensuring effective capacity to detect and respond to infringements. Although the proposed management model is one that Sciaena supports, it should be accompanied by a prior definition of a governance and inter-institutional coordination model, clearly identifying the entities responsible for management, enforcement and monitoring of the area.

Finally, Sciaena considers it a priority that all bottom-contact fishing gear, as well as other potentially impactful activities such as deep-sea mining and hydrocarbon exploration, be excluded throughout the entire extent of the MPA. This exclusion should remain in force for the full duration of the decree-law establishing the protected area, irrespective of the time horizon foreseen for the management plan. This will ensure the effective protection of the natural values described above, in particular deep-sea corals and sponges, which due to their high fragility and longevity have an extremely limited capacity to recover following disturbance events, including bycatch.

Conclusion

Sciaena reiterates its overall support for the proposal for the management plan of the Gorringe Bank Special Area of Conservation (SAC) and for the proposal to designate the Dom Carlos Marine Natural Reserve. However, several clarifications throughout the process are necessary and, we believe, will significantly contribute to the effective management of this future marine protected area.

It is of utmost importance that the entire process be conducted in the most inclusive manner possible, that management measures are precise, and that a monitoring and enforcement plan appropriate to the needs of this area is in place. This process must also be accompanied by robust funding mechanisms to ensure its effective implementation, preventing it from becoming merely a set of areas that exist only on paper, with measures that are inadequate for the local reality and for the objectives and targets established.

Additionally, Sciaena considers that all bottom-contact fishing gear should be prohibited throughout the entire extent of the MPA, and this measure should therefore be reflected in the Management Plan for the Gorringe Bank Special Area of Conservation.

The growing need to protect the ocean and promote the recovery and conservation of biodiversity in harmony with local human activities is entirely feasible, necessary and crucial. Sciaena therefore supports the designation of this marine reserve and will remain actively engaged in the follow-up to its development and implementation, in order to ensure that the protection of this area, its biodiversity and its ecosystem services is achieved as swiftly and effectively as possible. This future marine protected area will play a significant role in enabling Portugal to serve as an example not only at the European level but also internationally.