Building Capacity on Protected Areas Law & Governance

Module 10

Marine Protected Areas - Special Features & International Law Obligations and Guidance

Exercise 1

Exploring the Special Features of and Management Challenges Associated

with the Marine Environment

Background Purpose

Build awareness of the special characteristics of and threats to the marine environment as well as the management challenges posed.

Provide Learners with an opportunity to think practically about approaches to addressing those challenges.

Develop problem solving skills. Structure (times are indicative)

Introduction by Educator (10 minutes) Group work (60 minutes) Joint class discussion (30 minutes) Consolidation (20 minutes)

The Case Study

The Exercise The Government wishes to establish a Marine Protected

Area(s) in the Lagoon Bay in the State of Utopia and adjacent coastal, near-shore area to protect the rich marine and coastal biodiversity increasingly threatened by development.

You have been designated by Government to be members of a panel to advise on management challenges and how to address them.

You are to work in your assigned group. There will be two groups, each group given a different practical factual scenario for the region highlighting aspects needing attention, along with a common map for the region.

Each group will also be given a summary of applicable laws and international obligations for the State of Utopia.

Modern definitions

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.

What is an MPA

Expanded marine jurisdiction

Exclusive Economic Zone (EEZ)

Coastal and near-shore waters

Marine areas under national jurisdiction

Areas may be larger than land areas

Governed by global oceans law

Special threats - Coastal Habitat loss, analysis from Millennium Ecosystem Assessment

The Task In your respective groups, you will develop responses and

recommendations to Government in the following four aspects:

• Identify the primary challenges and threats to the MPA using your respective scenarios.

• Identify the main stakeholders and current and potential interests that need to be taken into account.

• Develop possible approaches for addressing the specific challenges, thinking creatively about this aspect.

• Consider whether there are any existing mechanisms in the legislation/ management plans that could be of assistance in addressing the challenges.

Joint Group Discussion

Each group will briefly explain its responses.

The groups will engage each other with a view to improving each other’s understandings of how to use international law, existing legal tools, and new approaches to address the challenges of establishing and management MPAs in the Lagoon Bay region.

Consolidation

The Educator will consolidate group discussions drawing on the presentations, highlighting gaps, differences, and overlaps.

The class will work through pre-prepared Summary of Possible Responses, elaborated with additional ideas and facilitation from the Educator.

The Educator may want to project the pre-prepared Summary of Resources on a screen or distribute hard copy to facilitate discussion.