Post on 12-Jan-2016
Building Capacity on Protected Areas Law & Governance
Marine Protected Areas – Part II
Special Legal Considerations
Module 11
Marine Protected Areas – Part II
MPAs need supportive legal frameworks to be effective as part of a coastal or island nation’s protected area system.
Many MPA laws are outdated and should be strengthened
to reflect best available science, best management practices, and
relevant international law developments.
MPA laws require special legal elements to address the distinct
features, threats and challenges posed by marine environments
that are inherently different from terrestrial systems.
Most coastal and island nations already have some legal tools to support marine connectivity for MPAs, and these should be used, even as new tools
are being developed.
Building Capacity on Protected Areas Law & Governance
Overview of the Seminar
Preparations
Preliminary provisions
Substantive legal elements
Tools for implementation
Tools for marine connectivity
Objectives
Outline preparation tasks for reviewing, advising on, or drafting MPA legislation.
Examine preliminary provisions of MPA law: policy, objectives, definitions, and institutional arrangements
Elaborate on special substantive aspects of MPA law: planning, establishment, management, governance
Provide an overview of special implementation elements for MPA law: regulation, enforcement, financing
Explore legal tools to support marine connectivity conservation needs of MPAs
Outcomes
Understanding of preparation tasks for reviewing, advising on or drafting MPA legislation.
Knowledge of preliminary provisions for MPA law: policy, objectives, definitions, and institutional arrangements
Understanding of special substantive aspects of MPA law: planning, establishment,
management, governance
Awareness of special legal elements for implementation:of MPA law: regulation, enforcement, financing
Familiarity with legal tools available to support marine connectivity conservation needs of MPAs.
Overview of the Seminar
Preparations
Preliminary provisions
Substantive legal elements
Tools for implementation
Tools for marine connectivity
Preparations
Consultations
Existing legal framework
Conservation objectives
Legislative approaches
Overview of the Seminar
Preparations
Preliminary provisions
Preliminary Provisions
Policy
Objectives
Key definitions
Institutional arrangements
Policy
Role of policy
National marine conservation policy
Other sources of policy
Examples
Overallpolicy
Specific policies
Objectives
Role of objectives
International guidance
Network objectives
Site-specific objectives
Key definitions
Purpose of definitions
What is an MPA?
What is an MPA Network?
Jurisdictional definitions
… Purpose of definitions
Give meaning to core terms
Terms with special meaning
Provide clarity
Reflect international definitions
… What is an MPA
IUCN
… a clearly defined geographical space recognized, dedicated and managed, through legal and other effective means, to achieve the long term conservation of nature with associated ecosystem services and cultural values.
generic PA definition applies
CBD
… any defined area within or adjacent to the marine environment, together with its overlying waters and associated flora, fauna and historical and cultural features, which has been reserved by legislation or other effective means, including custom, with the effect that its marine and/or coastal biodiversity enjoys a higher level of protection [than its] surroundings.
primary objective conservation
applies to all categories
Essential considerations
… What is an MPA Network
• IUCN definition -- national/subnational network: – A collection of individual marine protected areas operating cooperatively and
synergistically, at various spatial scales, and with a range of protection levels, in
order to fulfil ecological aims more effectively and comprehensively than
individual sites could alone. The network will also display social and economic
benefits, though the latter may only become fully developed over long time
frames as ecosystems recover. […] Representative networks of MPAs [are]
those that contain examples of all habitats and ecological communities of a
given area.
• CBD definition -- global network: – A global network provides for the connections between Parties, with the
collaboration of others, for the exchange of ideas and experiences, scientific
and technical cooperation, capacity building and cooperative action that
mutually support national and regional systems of protected areas which
collectively contribute to the achievement of the programme of work. This
network has no authority or mandate over national or regional systems.
… Jurisdictional definitions
Marine area under national jurisdiction
Territorial sea Continental shelf
Coastal (near-shore) marine area
estuaries tidal reaches river mouths
coastal lagoons open coast territorial sea
Deepwater (off-shore) marine area
EEZ
beyond territorial sea
Institutional arrangements
Highest level institutions
Management institutions
Coordination and advice
Main purposes
Main purposes
Clearly designate powers
Provide support mechanisms
Marine/coastal authorities
Different levels
Coordination/collaboration
Advice/feedback
Highest level institutions
High policy-level body
Minister Head of State Council/Commission
Lead MPA authority
National implementation
Overall network management
Management institutions
Levels
Central authority Federal/ decentralized systems
Non-state actors
Options
Single management entity Management units for specific sites
Transboundary management
Coordination and advice
• For MPA network or specific sites/issues
• Scientific input• Governance input • Data collection and
monitoring• Education and awareness
building
Coordination and collaboration
Advisory mechanisms
• Between terrestrial and MPA authorities
• Across key sectors• Incorporate diverse
governance types• Harmonize laws across
sectors or within PA legal framework
Overview of the Seminar
Preparations
Preliminary provisions
Substantive legal elements
Substantive legal elements
Strategic planning
Establishment
Management
Governance
Strategic Planning
Focus of legislation
Overall goal –Representative networks
Specific objectives –most valued sites
Establishment
Use best available science and technology
International criteria and guidance
Account foradaptation
Table III(2)-3: CBD guidance on marine and coastal protected areas and networks
Scientific criteria for identifying ecologically or biologically significant marine areas in need of protection in open-ocean waters and deep-sea habitats (Annex 1)
Scientific guidance for selecting areas to establish a representative network of marine protected areas, including in open ocean waters and deep-sea habitats (Annex II)
Criteria ● Uniqueness or rarity—with respect to (1)
endemic species, populations or communities, (2) habitats or ecosystems, or (3) unusual geomorphological or oceanographic features
● Special importance for life history stages of
species—required for a population to survive and thrive
● Importance of threatened, endangered or
declining species and/or habitats—containing habitat for survival or recovery of endangered, threatened or declining species, or areas with significant assemblages of such species
● Vulnerability, fragility, sensitivity or slow
recovery—relatively high proportion of sensitive habitats, biotopes or species that are functionally fragile or with slow recovery
● Biological productivity—containing species,
populations or communities with comparatively higher natural biological productivity
● Biological diversity—comparatively higher
diversity of ecosystems, habitats, communities or species, or higher genetic diversity
● Naturalness—comparatively higher degree of
naturalness as a result of the lack of or low level of human-induced disturbance or degradation
Required network properties and components ● Ecologically and biologically significant areas—
geographically or oceanographically discrete areas with important services to one or more species/populations of an ecosystem or to the ecosystem as a whole, as compared to other surrounding areas or areas of similar ecological characteristics
● Representativity—when the network consists of
areas representing different biogeographical subdivisions of the global oceans and regional seas that reasonably reflect the full range of ecosystems, including biotic and habitat diversity
● Connectivity—to allow linkages whereby
protected sites benefit from larval and/or species exchanges, and functional linkages from other network sites (i.e., individual sites benefit one another)
● Replicated ecological features—more than one
site in the given biogeographic area containing examples of a given feature or features (species, habitats and ecological processes) that naturally occur in that area
● Adequate and viable sites—all sites within a
network should have size and protection sufficient to ensure the ecological viability and integrity of the features for which they were selected
Source: Adapted from CBD COP 2008 IX/20, Annex I and Annex II.
CBD criteria
…Establishment
Boundaries
Issues of scale
Interim protection
Stakeholder participation
Highly protected zones
…Establishment
Management categories(IUCN I – VI)
Buffer zones
Integrated management
Zoning plans
Adaptive management
Management
IUCN Management CategoriesCategory Definition of Management Objective
Category IaStrict Nature Reserve
Strictly protected areas set aside to protect biodiversity and also possibly geological or landform features, where human visitation, use and impacts are strictly controlled and limited to ensure protection of the conservation values. Such protected areas can serve as indispensable reference areas for scientific research and monitoring.
Category IbWilderness Area
Protected areas are usually large unmodified or slightly modified areas, retaining their natural character and influence, without permanent or significant human habitation, which are protected and managed so as to preserve their natural condition.
Category IINational Park
Protected areas are large natural or near natural areas set aside to protect large-scale ecological processes, along with the complement of species and ecosystems characteristic of the area, which also provide a foundation for environmentally and culturally compatible spiritual, scientific, educational, recreational and visitor opportunities.
Category IIINatural Monument/ Feature
Protected areas are set aside to protect a specific natural monument, which can be a landform, sea mount, submarine cavern, geological feature such as a cave or even a living feature such as an ancient grove. They are generally quite small protected areas and often have high visitor value.
Category IVHabitat/Species Management Area
Protected areas aim to protect particular species or habitats and management reflects this priority. Many category IV protected areas will need regular, active interventions to address the requirements of particular species or to maintain habitats, but this is not a requirement of the category.
Category VProtected Landscape/Seascape
A protected area where the interaction of people and nature over time has produced an area of distinct character with significant ecological, biological, cultural and scenic value: and where safeguarding the integrity of this interaction is vital to protecting and sustaining the area and its associated nature conservation/ other values.
Category VIProtected Area with Sustainable Use of Nature Resources
Protected areas conserve ecosystems and habitats, together with associated cultural values and traditional natural resource management systems. They are generally large, with most of the area in a natural condition, where a proportion is under sustainable natural resource management and where low-level non-industrial use of natural resources compatible with nature conservation is seen as one of the main aims of the area.
International guidance
National provisions on governance types
Governance
State-owned/ controlled
Indigenous/local
communities
NGOsPrivate
Co-managed
Overview of the Seminar
Preparations
Preliminary provisions
Substantive legal elements
Tools for implementation
Tools for Implementation
Financing
Promoting compliance
Regulations
Enforcement and surveillance
Regulation …
Goal -- safeguard conservation
objectives
Role of law --authority to regulate
Tools --• Prohibitions• General rules• Permissions
Regulation
Biodiversity prospecting
Tourism
Fishing
Scientific research
Promoting compliance
Building awareness
Building partnerships
Supportive legal provisions
Enforcement and Surveillance
Special challenges
Special tools
Example using new technologies
Optional slide showing Gully MPA, Canada
…Enforcement and Surveillance
Financing
Core financing
Collecting user fees
Public-private partnerships
Special funds
Overview of the Seminar
Preparations
Preliminary provisions
Substantive legal elements
Tools for implementation
Tools for marine connectivity
Tools for marine connectivity
Management approaches
Coastal development
control
Area-based management
Special considerations
Definition
Ecosystem-based
management
MPA networks
Definitionbetween populations
exchange of
eggs larvae
juveniles adults
between sites
movement of
nutrients pollutants
sediments
Challenges
Special features Complex interactions
Special considerations
Science-based decision making
Public property and private use rights
Climate change
Ecological criteria
Management approaches
MPA networks
Ecosystem-based
management
Area-based management
Coastal development
controls
... Management approaches
International guidance
MPA network design should seek to maximize and enhance the linkages among individual MPAs and groups of MPAs within a given network.
National law law
Require that sites be designed and managed as part of an overall
MPA network
MPA Networks
Required in MPA law
Connectivity is inherent
Crosses maritime zones
Ecosystem-based management
... Management approaches
Key principles requiring attention to marine connectivity
… Ecosystem-based management
• Base management areas on ecosystems
• Focus on ecosystem health• Consider cumulative effects• Recognize connectivity
among and within ecosystems
• Respond to uncertainty with precaution
• Coordinate at scales appropriate to specific goals
• Restore and protect native biodiversity
• Develop indicators on effectiveness
• Acquire more and better science for decision making
• Engage marine/coastal stakeholders and the public
• Provide for adaptive management
Area-based management
Emphasis on planning
Marine Spatial Planning
Legal requirements
Ecological principles
Special challenges
... Management approaches
Ocean zoning
Uses regulation
Legal requirements
Builds on MSP
Map existing uses and critical areas
Area-based management
Develop multiple zoning options
... Management approaches
Integrated coastal and ocean management
Defined coastal zone
Strong governance framework
Legal requirements
Incorporate MPAs Involve stakeholders
ensure resources/capacity
Area-based management
... Management approaches
Coastal development controls
Define natural features
Provide protective zoning
Restrict development
Recognize natural
vulnerabilities
Coastal conservation and development control laws
... Management approaches
Overview of the Seminar
Preparations
Preliminary provisions
Substantive legal elements
Tools for implementation
Tools for marine connectivity
Objectives
Outline preparation tasks for reviewing, advising on, or drafting MPA legislation.
Examine preliminary provisions of MPA law: policy, objectives, definitions, and institutional arrangements
Elaborate on special substantive aspects of MPA law: planning, establishment, management, governance
Provide an overview of special implementation elements for MPA: regulation, enforcement, and financing
Explore legal tools to support marine connectivity conservation needs of MPAs
Outcomes
Understanding of preparation tasks for reviewing, advising on, or drafting process
Knowledge of preliminary provisions for MPA law: policy, objectives, definitions, and institutional arrangements
Understanding of special substantive aspects of MPA law: planning, establishment,
management, governance
Awareness of special legal tools for implementation:Of MPA law: regulation, enforcement, financing
Familiarity with legal tools available to support marine connectivity conservation needs of MPAs.
Core Texts
15 Case Studies 5 Case Studies
Building Capacity on Protected Areas Law & Governance
Module 11
Marine Protected Areas – Part II
SeminarPresentation Exercises
knowledge transfer skills development