Building Capacity on Protected Areas Law & Governance Module 10 Exercise 2 Analysing and Comparing Protocols for MPAs under the Regional Seas Conventions Marine Protected Areas -- Special Features & International Law Obligations and Guidance

Background Purpose Get Learners to work with international law related to MPAs, including obligations in treaties and guidance Provide an opportunity for Learners to reflect on the contents of international agreements relating to MPAs Develop analytical skills Structure (time is indicative, may vary by audience and setting) Introduction to exercise (15 minutes) Small Group Work (60 hours) Joint class discussion (30 minutes) Consolidation (15 minutes) NOTES FOR EDUCATOR Briefly explain the purpose of the exercise. Briefly explain the structure of the exercise.

The Exercise This Exercise is in two parts – Part 1 – a comparative analysis of two Protocols on MPAs under the Regional Seas Programme. The Exercise has selected the Protocol under the Mediterranean Regional Seas Programme and the Protocol under the Wider Caribbean Regional Seas Programme (two other examples may be provided by the Educator). Part 2 – study CBD’s decision IX/20 and analyse the extent to which the two Protocols in Part I reflect the scientific criteria for selecting MPAs and designing MPA networks contained in Annexes I and II of the decision. You will be divided into small groups of two or three to undertake the exercise. NOTES FOR EDUCATOR Remind Learners of the discussion in the Seminar Presentation under international law instruments relevant for MPAs and that there are many regional and bilateral agreements which countries have ratified that also contain obligations and other commitments important to take into account in MPA legal provisions. Explain that the exercise will focus on learning about content of international law instruments for MPAs in two parts. Go through the two descriptions as provided on the slide.

… The Exercise The international law instruments to be analysed: Mediterranean: Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean , adopted 1995, entered into force in 1999 (with associated common criteria of 1995), and Wider Caribbean: Protocol Concerning Specially Protected Areas and Wildlife, adopted in 1990, entered into force in 2000 (with associated guidelines of 2010) CBD Decision IX/20 (2008), Marine and Coastal Biodiversity, and its Annex I (Scientific Criteria for Identifying Ecological or Biologically Significant Marine Areas in Need of Protection in Open Ocean Waters and Deep-Sea Habitats) and Annex II (Scientific Guidance for Selecting Areas to Establish a Representative Network of Marine Protected Areas, including in Open Ocean Waters and Deep-Sea Habitats). NOTES FOR EDUCATOR Distribute to Learners the international law instruments selected for this Exercise: The Mediterranean Protocol– Annex C Wider Caribbean Protocol – Annex D CBD Decision IX/20 with the scientific criteria in Annexes I and II (Annex E).

CBD guidance: criteria for selecting MPA sites and requirements for an MPA network Notes for Educator Review this slide from the Seminar Presentation (slide 34) which consolidates key elements from Annexes I and II of CBD Decision IX/20. You may want to project this slide on the screen or provide as a separate hard-copy handout. Remind Learners that Annex E has the full decision and these Annexes. To review briefly the development of the CBD’s attention to marine and coastal biodiversity, you may want to remind Learners, as explained in the Seminar Presentation, that a separate CBD Programme of Work for Marine and Coastal Biodiversity was endorsed by the CBD Conference of the Parties in 1998, and significantly updated in 2004 as a complement to the 2004 CBD Programme of Work on Protected Areas. In 2008, under that Programme, the CBD COP adopted these scientific criteria for selecting MPA sites and requirements for MPA networks.

The Task You are to work in your assigned groups. You will be given a worksheet to use with the Protocol analyses and the CBD analysis. Part 1 Task: Compare the two Regional Seas protocols on MPAs for their similarities and differences, with particular focus on: definitions, general obligations, establishing MPAs, associated protection, planning and management measures, and buffer zones. Add additional items you think might be important. Part 2 Task: Study the CBD Decision IX/20 to understand definitions, rational, examples and application. Analyse the extent to which the two Protocols reviewed in Part I reflect the CBD scientific guidance in that decision. Give particular attention in Annex 1 to: uniqueness or rarity, endangered or declining species and/or habitats, vulnerability, biological diversity, naturalness; in Annex 2 to: ecological and biologically significant areas, representativeness, and connectivity. Add other points you think are important. You will have about one hour to complete this task, you will come back together. NOTES FOR EDUCATOR Distribute to the Learners: The pre-prepared Worksheet provided as Annex A or another worksheet you may provide. Paper and pencils/pens for Learners to take notes, formulate responses, and supplement space in the worksheets, as needed.

Joint Group Discussion One representative of each small group will briefly present their analyses under each task. The groups will engage each other to share understandings about how the two Protocols and CBD scientific criteria work to advance and guide countries in their establishment and management of MPAs, including providing guidance for elements in MPA law. This will take about 30 minutes. NOTES FOR EDUCATOR Ask each small group in turn to explain its analysis of the two Protocols for similarities and differences (Part 1) and then the analysis of the extent to which the two Protocols reflect the CBD scientific guidance. Highlight or display key points from each group’s analysis, as the group’s spokesperson explains them, in whatever way is appropriate for the facilities available at the venue of the course and the number of Learners.

Consolidation (about 15 minutes) The Educator will consolidate/summarize the findings of the groups. The class will work through the pre-prepared Summary Analysis which highlights key similarities and differences between the two Protocols and their inclusion of the CBD scientific criteria. The Educator may want to project the pre-prepared Summary Analysis on a screen or distribute hard copy to facilitate discussion. NOTES FOR EDUCATOR Wrap up the Exercise by summarizing main points that arose from the small group presentations, highlighting important similarities and differences. Use the Summary Analysis as a guide to compare the two Protocols and their use of the CBD scientific criteria, and to highlight main points that might not have been already covered. To facilitate this consolidation, project onto a screen or hand out a hard copy of the pre-prepared Summary Analysis (Annex B) and work through it systematically with the Learners.