1. Building Capacity on Protected Areas Law & Governance
Module 10
Exercise 1
Exploring the Special Features of and Management Challenges Associated with the Marine Environment
Marine Protected Areas - Special Features &
International Law Obligations and Guidance

2. Background Purpose Structure (times are indicative)
Build awareness of the special characteristics of and threats to the marine environment as well as the management challenges posed.
Provide Learners with an opportunity to think practically about approaches to addressing those challenges.
Develop problem solving skills.
Structure (times are indicative)
Introduction by Educator (10 minutes)
Group work (60 minutes)
Joint class discussion (30 minutes)
Consolidation (20 minutes)
NOTES FOR EDUCATOR
Briefly explain the purpose of the exercise.
Briefly explain the structure of the exercise.

3. The Case Study

4. The Exercise
The Government wishes to establish a Marine Protected Area(s) in the Lagoon Bay in the State of Utopia and adjacent coastal, near-shore area to protect the rich marine and coastal biodiversity increasingly threatened by development.
You have been designated by Government to be members of a panel to advise on management challenges and how to address them.
You are to work in your assigned group. There will be two groups, each group given a different practical factual scenario for the region highlighting aspects needing attention, along with a common map for the region.
Each group will also be given a summary of applicable laws and international obligations for the State of Utopia.
NOTES FOR EDUCATOR
Distribute to Group One Learners:
A copy of Annex A – Factual Scenario One, and a copy of Annex C – Map of the Case Study Area
Distribute to Group Two Learners:
A copy of Annex B – Factual Scenario Two, and a copy of Annex C – Map of the Case Study Area
Distribute to both groups: Annex D – Applicable laws and international obligations

5. Modern 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.
NOTES FOR EDUCATOR
Review the international definitions from IUCN and the CBD for an MPA.

6. Expanded marine jurisdiction
Marine areas under
national jurisdiction
Governed by global oceans law
Coastal and near-shore waters
Exclusive Economic Zone (EEZ)
Picture – Humpback whale flipping tale off coast of Moloka’i, Hawai’i, taken January 20, 2005, Jim Harper / Wikimedia Commons / CC-BY-1.0.
NOTES FOR EDUCATOR
Review again that under the United Nations Convention on the Law of the Sea, ‘marine areas under national jurisdiction’ have been more clearly defined. Coastal states which have declared Exclusive Economic Zones consistent to international law now have responsibilities and rights to manage marine resources over vastly expanded parts of the ocean. Also recall with the Learners that under the UNCLOS, coastal states may exercise maximum jurisdiction over all uses of their coastal and near-shore waters out to the limit of their territorial sea (12 nautical miles seaward from land). This includes full sovereignty in this zone to establish MPAs and regulate foreign ships.
Coastal and near-shore waters – Historically, MPAs were largely established near the shore. Under UNCLOS, Exclusive Economic Zone (EEZ) – On the seaward extreme, the UNCLOS expanded authority to states to declare exclusive economic zones beyond and adjacent to their territorial seas out to a maximum of 200 nautical miles. In this zone, coastal states now had important rights and obligations to conserve and manage their natural resources, whether living or non-living, and opened the door to establishing more MPAs in deep waters and on a larger scale for ecosystem approach.
Areas may be larger than land areas – In many coastal states which declared EEZs, the marine area under their national jurisdiction now covered an area larger than their entire land area, and in small coastal or island states, many times larger.
If the class lends itself to more discussion, ask the students if they know if their countries have declared EEZs, and how that may have expanded coverage of MPAs. The Educator also may ask the Learners to think of examples of coastal or island states where the EEZ covers an area larger than the land area.
Areas may be larger than land areas

7. Special threats - Coastal Habitat loss, analysis from Millennium Ecosystem Assessment
Notes for Educator
Finally, as further context, review again with the Learners the slide from the Seminar Presentation highlighting special threats to Coastal areas as summarized by the Millennium Ecosystem Assessment. Indicate this should help provide useful background for each of their exercise tasks.

8. The Task
In your respective groups, you will develop responses and recommendations to Government in the following four aspects:
Identify the primary challenges and threats to the MPA using your respective scenarios.
Identify the main stakeholders and current and potential interests that need to be taken into account.
Develop possible approaches for addressing the specific challenges, thinking creatively about this aspect.
Consider whether there are any existing mechanisms in the legislation/ management plans that could be of assistance in addressing the challenges.
NOTES FOR EDUCATOR
Provide paper and pencils/pens, as needed, for Learners to take notes and formulate responses. The paper may be any size that is appropriate for the facilities available at the venue of the course and the number of Learners.

9. Joint Group Discussion
Each group will briefly explain its responses.
The groups will engage each other with a view to improving each other’s understandings of how to use international law, existing legal tools, and new approaches to address the challenges of establishing and management MPAs in the Lagoon Bay region.
NOTES FOR EDUCATOR
Ask each group in turn to explain its recommendations and other findings.
Display each group’s recommendations and findings, 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.

10. Consolidation
The Educator will consolidate group discussions drawing on the presentations, highlighting gaps, differences, and overlaps.
The class will work through pre-prepared Summary of Possible Responses, elaborated with additional ideas and facilitation from the Educator.
The Educator may want to project the pre-prepared Summary of Resources on a screen or distribute hard copy to facilitate discussion.
NOTES FOR EDUCATOR
Display each group’s recommendations and findings, 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.
If possible, project onto a screen or hand out a hard copy of the pre-prepared Summary of Possible Responses (Annex E) and work through it systematically with the Learners.