Building Capacity on Protected Areas Law & Governance Marine Protected Areas – Part II Special Legal Considerations Module 11

Building Capacity on Protected Areas Law & Governance

Marine Protected Areas – Part II

Special Legal Considerations

Module 11


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Many MPA laws are outdated and should be strengthened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.


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.


Preparations





Preparations

Consultations

Existing legal framework

Conservation objectives

Legislative approaches


Preparations


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


Preparations




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.


National provisions on governance types

Governance

State-owned/ controlled

Indigenous/local

communities

NGOsPrivate

Co-managed


Preparations




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


Preparations






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


Coastal development

controls

... Management approaches


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


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


Emphasis on planning

Marine Spatial Planning

Legal requirements

Ecological principles

Special challenges


Ocean zoning

Uses regulation

Legal requirements

Builds on MSP

Map existing uses and critical areas


Develop multiple zoning options


Integrated coastal and ocean management

Defined coastal zone

Strong governance framework

Legal requirements

Incorporate MPAs Involve stakeholders

ensure resources/capacity



Coastal development controls

Define natural features

Provide protective zoning

Restrict development

Recognize natural

vulnerabilities

Coastal conservation and development control laws



Preparations





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


Module 11


SeminarPresentation Exercises

knowledge transfer skills development

Documents

Building Capacity on Protected Areas Law & Governance Marine Protected Areas – Part II Special Legal Considerations Module 11