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Building Capacity on Protected Areas Law & Governance Module 11 Exercise 2 Improving Protected Area Legislation for MPAs Marine Protected Areas -- Special Legal Considerations for National Frameworks
Background Purpose Give Learners practice reading and analysing protected areas legal provisions for MPAs. Provide Learners with an opportunity to apply their knowledge of special MPA considerations and how to address them in legislation. Build/improve legal analysis and drafting skills. Structure Introduction to exercise (15 minutes) Group work (60 minutes) Joint class discussion (45 minutes)
The Exercise The Government wishes to assess and, as needed, strengthen/amend its MPA law to ensure it effectively responds to international guidance and the special features and management challenges of MPAs and MPA Networks. You have been assigned by Government to analyse and make recommendations on the strong points, gaps, and areas for strengthening through amendments. You are to work in your assigned small group. You will be given a copy of the law needing review, along with a worksheet which you may use to record notes and recommendations.
The Case Study
A few points to review Definition of an MPA network IUCN management categories Jurisdictional definitions CBD guidance criteria for selecting MPA sites and requirements for an MPA network
… What is an MPA IUCN CBD generic PA definition applies … 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. … 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. Essential considerations primary objective is conservation applies to all categories
… 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.
IUCN Management Categories Category Definition of Management Objective Category Ia Strict 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 Ib Wilderness 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 II National 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 III Natural 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 IV Habitat/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 V Protected 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 VI Protected 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.
CBD guidance: criteria for selecting MPA sites and requirements for an MPA network
… Jurisdictional definitions Marine area under national jurisdiction Territorial sea EEZ Continental shelf Coastal (near-shore) marine area estuaries tidal reaches river mouths coastal lagoons open coast territorial sea Deepwater (off-shore) marine area beyond territorial sea
The Task In your respective groups, you will offer observations and recommendations on the law’s provisions, and in particular, on the following: Definitions provided in the relevant law Scope of application of the law Provisions relating to objectives and strategic planning Institutional and governance arrangements Establishment and management Regulation of activities Compliance and enforcement Concepts critical for implementing connectivity conservation.