Governance and Enforcement are Critical to Managing Oceans

Photo 25.51” x 10.31”

Positionx: 8.53”, y: .18”

Photo 14.2” x 10.31”


Governance and Enforcementare Critical to Managing Oceans

Giselle Samonte

5 October 2010Arlington, Virginia

The ocean and coast are under increasing stress• More people are living along the coast.• Fishing pressure is intensifying, but fish catches have reached plateau worldwide.• Changes in land use are causing runoff of pollutants into the ocean.

Sustainable Development

Unsustainable Development

People depend on the ocean ecosystem• Food security• Recreational opportunities• Shoreline protection• Climate regulation

• Transportation• Medical and engineering resources • Provision of energy (fossil fuel, wave, tidal, wind)• Regulation of waste and sediment

Marine managed areas (MMAs) are part of the solution• MMAs are multi-use, ocean zoning schemes• Often have subareas with different purposes such as no-take areas, buffer zones, and areas for specific uses.

Governance is key to managing oceans

Promotes inter-agency coordination

NEW LEGAL FRAMEWORK FOR THE COIBA NATIONAL PARK

Parque NacionalLey No. 44 de 26 de julio de 2004

Consejo Directivo

Autoridad Nacional del Ambiente (ANAM)Autoridad Marítima de Panamá (AMP)

Comisión de la Zona Especial

2,700 km2

1,708 km2

Comité Científico

Plan de Manejo

Voting Rights

CENTAL GOVERNMENT

LOCAL GOVERNMENT

PRIVATE SECTOR

1. Autoridad Nacional del Ambiente (ANAM)

2. Ministerio de Gobierno y Justicia (MINGO)

3. Instituto Panameño de Turismo (IPAT)4. Secretaria Nacional de Ciencia,

Tecnología e Innovación (SENACYT)5. Autoridad Marítima de Panamá (AMP)6. Universidad de Panamá, Santiago

(CRUV)7. Alcalde de Montijo8. Alcalde Soná9. Rotativamente los Representantes de:

Río de Jesús, Las Palmas y Mariato

10.Cámara de Comercio Veraguas11.Sector pesquero12.Organización no Gubernamental (ONG)

NEW GOVERNANCE FOR THE COIBA NATIONAL PARK

Enforcement better

Belize -Reduced pressure on resources, withdrawal of fishing licenses from non-local fishers, diversification of livelihoods from fishing to other economic activities

Fiji – no more illegal fishing

Photo 14.2” x 10.31”


Challenges may arise when implementing MMAs

• Loss of access to fishing grounds

• Inequitable benefits

• Dependence on project assistance

• Unmet expectations

How can these challenges be addressed?

Photo 14.2” x 10.31”


Solutions for successful MMAs• Benefits exceed costs

• Shared benefits

• Livelihood options improved

• Strong community participation

• Accountable management style

• Supportive local government

• Enabling legislation

• Rules enforced

• Empowerment and capacity building

• Strong, persistent leadership

• External agents involved

Photo 14.2” x 10.31”


Law Enforcement Analysis in the ETPS Countries(Columbia, Costa Rica, Ecuador, Panama)

Photo 14.2” x 10.31”


ObjectivesDetermine the critical points and weaknesses in

the law enforcement system in the ETPS countries as well as the factors/causes that drive such situation

Outline the activities and measures that could strengthen law enforcement at local and national levels

Define actions for implementing the recommended actions/measures both at national and regional levels.

Photo 14.2” x 10.31”


Law Enforcement as a System

Community, Local Governments and Stakeholders’ Commitments

Education & Outreach

Regulatory Framework

Inter Institutional Efforts / Activities Efficiency

L.E. Capacity

y

Scenario: Area, Budget, etc.

Personnel, Enough, Competent Assets: Adequate,

Enough, Available?

Surveillance

Detection

Arrest

Sancion: Admin o Judicial

Field Operations“Hard

Techniques”

Prosecution

“Soft Techniques”

Photo 14.2” x 10.31”


Law Enforcement Chain

The Chain is as strong as its weakest link

Photo 14.2” x 10.31”


External Threats

OVER USE of visiting sites Pressures over NO TAKE Zones

Illegal fishing within the MPA and nearby EEZ without control

Oil Spills, disposal of garbages and efluents

Piracy, Contraband and drug traffic

Nearby real estate developments

Use of sands from beaches

Use of predatory fishing gears/techniques within the

MPA

Within MPAs out of control fisheries: Over exploitation of species and areas

Mangroves destruction

Illegal Capture & Trade of marine species

Increasing Maritime/Aerial Activity (Tourism + Logistics driven) = Risk of invasive species

introduction

Marítime Tráffic routes

Key Factors: Poverty, lack of education and commitments from local communities. Locals do not feel or perceive they are beneficiaries from MPA mgmt. MPA not an option for long term developmentWeak Marine Environmental Governance: Inter Institutional interferences, overlapped regulations, ineffective judicial system (high impunity rate)

Photo 14.2” x 10.31”


Internal Factors/ProblemsOudated / insufficient Regulations. Must evolve to cover new activities within or nearby MPAs (cargo & oil transportation, passing trafic, underwater tourism, etc.)

Poor or inexistent boats maintenance capacity

Park wardens and Coastguard officers with none or weak marine conservation training or competences.

Insufficient and poorly paid park wardens

High rotation rate in Coastguard personnel

Authorities mutual interferences (fisheries vs. Maritime vs environmental authorities vs. Environmental Police)

MPAs head officers lack of financial/administrative/jurisdictional autonomy

Inadequate or insufficient assets to cope operations

Absence of marine resources monitoring and inter regional management (for migratory species)

Lack of appropriate scientific base for Regulatory and Law Enforcement decision making

Photo 14.2” x 10.31”


Strengths Colombia, Costa Rica and Ecuador with formal and active presence of Coastguard within MPAs and&or agreements with Environmental Police

Several NGO’s commited and actively involved in Law Enforcement issues: MarViva, Fundacion Malpelo, Conservation International, WildAid, WWF, Sea Shepherd.

Growing MPAs (terrestrial, marine and underwater) tourism industry with firm interest in conservation.

There are already several successful examples of local governments, communities and enterprises possitively involved in MPAs sustainable activities (Malpelo, Costa Rica, Galapagos).

International concerns and support (Goverments, miultilaterals, organizations)

Cost-effective investments with direct impact on MPAs preservation: re use of assets from Police and Coastguard.

Galapagos and Colombia MPA Directors with certain levels for acting as judges

Outreach programs available in all MPAs with external support

Photo 14.2” x 10.31”


Recent assets and technological improvements:

Colombia commissioned 1 oceanic patrol vessel for Malpelo and a second one is on the eve of commissioning for operating within Gorgona MPA.

Galapagos implemented VMS control on ships over 20 Gross Tonnes and a floating-radar outpost barge at Wolf Island.

Costa Rica commissioned one fast patrol boat to operate around Cocos and improved operational agreements with MarViva

Strengths

Photo 14.2” x 10.31”


Regional Weak LinksExtremely low boats availability

Absence of control at cargo/persons interfaces: Ports, airports.

Very limited use of technology for surveillance

Poor and loose coordination between Law Enforcement chain activities.

MPA Directors with very limited sanctioning empowerment.

Very poor, inexistent, overlapped or disperse Marine Legal Framework at country levels. IMO regulations appear as much more adequate and defined. Sanctions do not reflect the cost of damages.

Photo 14.2” x 10.31”


Examples of judicial efficiency on MPA processes:Costa Rica: 2 out of 70 processes opened within the last 10

years reached a sentence.

Ecuador: Administrative sanctions are priioritized over judicial proceedings. Over 44% of those cases are lost. Monetary sanctions in administrative cases are extremely low (below US$4,000)

Panama: Average time span for administrative processes to reach sanction is 4 to 21 months. For judicial cases it takes over 2 years.

Colombia: 1 to 3 years (for industrial fishing vessels), 15 days to 5 months (artisanal fishing boats)

Regional Weak Links

Photo 14.2” x 10.31”


Courses of Action

When budget limitations are severe, strategies should focus on soft techniques, technology in surveillance and fluent administrative proceedings.

IImprove MPA management: Quarantine procedures, financial independece over critical operational issues such as boat maintenance, improve salaries or at least per diems when wardens are on field operations, functions and procedures manuals, park wardens qualification courses and follow on training .

IInter institurional coordination: Reach agreements (on the operational level) with fisheries and maritime authorities as well as environmental police. Recurrent yearly training for field officers of those entities on MPA law enforcement operations. Complement park wardens crew with coastguard and/or police personnel.

Surveillance and Detection Efficiency improvement: Implement technological solutions such as electronic/remote vigilance ones, review the adequacy of some boats (endurance and speed are of outmost importance), extend surveillance beyond MPAs (create buffering zones and enforce EEZs)

.

Photo 14.2” x 10.31”


Results: Boats Maintenance Supported by NGOs

Photo 14.2” x 10.31”


Enforcement

MMAs secure economic values of oceans

Results from economic valuations of MMAs in Panama and Belize:

Distribution of benefits

Coiba National Park, Panama

Gladden Spit and Silk Caye Marine Reserve, Belize

Nationals: Nationals:

Foreigners: Foreigners:

Willingness to Pay

Gladden Spit and Silk Caye Marine Reserve, Belize



Actual fee

Willingness to pay

Actual fee

Willingness to pay

5

0

10

15

20

25

30

5

US

$

Both nationals and foreigners benefited economically from MMAs.

Visitors are willing to pay significantly more than the current entry fees charged at these parks.

Local outreach is vital but usually underfundedAnalysis of 8 MMA sites in Central and South America: • Enforcement received a large proportion of expenditures at every site (13% to 37%).• In most cases, outreach received a small proportion of total expenditures.

Current MMA funding is insufficient

• Worldwide, managers and decision-makers are constantly seeking more funding for MMAs.• Analysis showed that MMA budgets are very low compared to the value of the MMA resources.

Outcomes & Outputs = The effects of MMAs!

Ecological

Socioeconomic

Governance

Objectives:• Determine ecological, socioeconomic, governance effects• Identify critical factors for success and timing• Predict effects for new MMAs…

time

Pre-MMA established

nowMMA established

Global MMA Effectiveness Analysis of field-gathered data from 15 sites:

Vietnam, Philippines, Africa, Belize, Fiji

Socioeconomic Livelihoods Food security

Governance Resource use conflicts Participation Compliance

Ecological Abundance of “ecological engineers” Biomass of extractable species Resilience post-trauma Biodiversity

Conditions:

Enabling policies/legislation; External agents involved Appropriate scale/defined boundaries; Leadership;

Empowerment, capacity building; Community organizations; Long term support of local government;

Participation by those affectedConflict management mechanism; Clear objectives; Adequate financial resources; Management rules enforced Decentralization/delegation of authority; Group homogeneityEquity - shared benefits among participantsEquity - Successful alternative livelihoods Perceived crisis; Life history characteristics of key speciesFunctional redundancy within the ecosystemTrophic structureHabitat characteristicsIncidence of stormsOutbreaks of disease or harmful algal bloomsFrequency and degree of coral bleachingImpact of land use and human activities on habitat/water

qualityCharacteristics of fisheries

MMA Effects:

IndicatorsIndicator variable (instrument); levels reported before and after

the establishment of the MMA

Level of conflictPerception of conflict Police records

ParticipationPerception of participation

CompliancePerception of complianceReported violations

MPA monitoring/Ecogov…

Questions for you…

Consider your MPA,

1. What are the strengths and weaknesses of the legal framework and its compatibility with existing management plans? 2. What are the soft and hard measures of law enforcement in your MPA? Are they effective? Why? Why not? 3. What are the weaknesses of the law enforcement system and what actions should be taken to improve overall effectiveness of programs?

Documents

Governance and Enforcement are Critical to Managing Oceans