Building Capacity on Protected Areas Law Governance Module

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

Building Capacity on Protected Areas Law & Governance 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 Many MPA laws are outdated and should be strengthened to reflect best available science, best management practices, and relevant international law developments.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. Marine Protected Areas – Part II

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 Overall policy 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 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 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.

… 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

Institutional arrangements Main purposes Highest level institutions Management institutions Coordination and advice

Main purposes Clearly designate powers Provide support mechanisms Marine/coastal authorities Coordination/collaboration Different levels Advice/feedback

Highest level institutions High policy-level body Minister Head of State Lead MPA authority National implementation Overall network management Council/Commission

Management institutions Options Single management entity Management units for specific sites Transboundary management Levels Central authority Federal/ decentralized systems Non-state actors

Coordination and advice Coordination and collaboration • Between terrestrial and MPA authorities • Across key sectors • Incorporate diverse governance types • Harmonize laws across sectors or within PA legal framework Advisory mechanisms • For MPA network or specific sites/issues • Scientific input • Governance input • Data collection and monitoring • Education and awareness building

Overview of the Seminar Preparations Preliminary provisions Substantive legal elements

Substantive legal elements Strategic planning Establishment Management Governance

Strategic Planning Overall goal – Representative networks Specific objectives –most valued sites Focus of legislation

Establishment International criteria and guidance Use best available science and technology Account for adaptation

…Establishment CBD criteria

…Establishment Issues of scale Highly protected zones Interim protection Stakeholder participation Boundaries

Management categories (IUCN I – VI) Zoning plans Buffer zones Adaptive management Integrated management

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.

Governance International guidance National provisions on governance types State-owned/ controlled Indigenous/ local communities Private NGOs Co-managed

Overview of the Seminar Preparations Preliminary provisions Substantive legal elements Tools for implementation

Tools for Implementation Regulations Promoting compliance Enforcement and surveillance Financing

Regulation … Goal -- safeguard conservation objectives Role of law --authority to regulate Tools - • Prohibitions • General rules • Permissions

Regulation Fishing Tourism Biodiversity prospecting Scientific research

Promoting compliance Building awareness Building partnerships Supportive legal provisions

Enforcement and Surveillance Special challenges Special tools Example using new technologies

…Enforcement and Surveillance Optional slide showing Gully MPA, Canada

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 Definition Special considerations Management approaches MPA networks Area-based management Ecosystembased management Coastal development control

Definition between 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 Ecological criteria Public property and private use rights Climate change

Management approaches MPA networks Ecosystembased management Area-based management Coastal development controls

. . . Management approaches MPA Networks 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 Require that sites be designed and managed as part of an overall MPA network

. . . Management approaches Ecosystem-based management Required in MPA law Connectivity is inherent Crosses maritime zones

… Ecosystem-based management Key principles requiring attention to marine connectivity • 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

. . . Management approaches Area-based management Marine Spatial Planning Emphasis on planning Legal requirements Ecological principles Special challenges

. . . Management approaches Area-based management Ocean zoning Builds on MSP Uses regulation Legal requirements Map existing uses and critical areas Develop multiple zoning options

. . . Management approaches Area-based management Integrated coastal and ocean management Strong governance framework Defined coastal zone Legal requirements Incorporate MPAs Involve stakeholders ensure resources/capacity

. . . Management approaches Coastal development controls Coastal conservation and development control laws Define natural features Provide protective zoning Restrict development Recognize natural vulnerabilities

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

Building Capacity on Protected Areas Law & Governance Module 11 Seminar Presentation Exercises knowledge transfer skills development Marine Protected Areas – Part II