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

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 Many MPA laws are outdated and should be strengthened to reflect best available science, best management practices, and relevant international law developments.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

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 … 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. primary objective conservation applies to all categories Essential considerations

… 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 Continental shelf Coastal (near-shore) marine area estuaries tidal reaches river mouths coastal lagoons open coast territorial sea Deepwater (off-shore) marine area EEZ beyond territorial sea

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

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

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

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

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

Overview of the Seminar Preparations Preliminary provisions Substantive legal elements

Strategic planning Establishment Management Governance

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

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

CBD criteria …Establishment

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

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

IUCN Management Categories CategoryDefinition 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.

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

Governance

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

Tools for Implementation Financing Promoting compliance Regulations Enforcement and surveillance

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

Regulation Biodiversity prospecting Tourism Fishing Scientific research

Promoting compliance Building awareness Building partnerships Supportive legal provisions

Enforcement and Surveillance Special challenges Special tools Example using new technologies

Optional slide showing Gully MPA, Canada …Enforcement and Surveillance

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

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

Definition between populations exchange of eggslarvae juvenilesadults between sites movement of nutrients pollutants sediments Challenges Special features Complex interactions

Special considerations Science-based decision making Public property and private use rights Climate change Ecological criteria

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

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

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

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

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

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

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

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

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 Studies5 Case Studies

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