Building Capacity on Protected Areas Law & Governance

Module 11 Building Capacity on Protected Areas Law & Governance 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 Many MPA laws are outdated and should be strengthened to reflect best available science, best management practices, and relevant international law developments.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

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

Outline preparation tasks for reviewing, advising on, or drafting MPA legislation. Objectives 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

Understanding of preparation tasks for reviewing, advising on or drafting MPA legislation. Outcomes 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.

Consultations Existing legal framework Preparations Conservation objectives Legislative approaches

Preparations Overview of the Seminar Preliminary provisions

Policy Preliminary Provisions Objectives Key definitions Institutional arrangements

Role of policy National marine conservation policy Policy Other sources of policy Examples Overall policy Specific policies

Role of objectives Objectives International guidance Network objectives Site-specific objectives

Purpose of definitions Key definitions What is an MPA? What is an MPA Network? Jurisdictional definitions

Give meaning to core terms … Purpose of definitions Terms with special meaning Provide clarity Reflect international definitions

… What is an MPA IUCN 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. generic PA definition applies … 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 river mouths tidal reaches territorial sea coastal lagoons open coast Deepwater (off-shore) marine area beyond territorial sea

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

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

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

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

Coordination and advice 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 • For MPA network or specific sites/issues • Scientific input • Governance input • Data collection and monitoring • Education and awareness building

Preparations Overview of the Seminar Preliminary provisions Substantive legal elements

Strategic planning Substantive legal elements Establishment Management Governance

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

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

CBD criteria …Establishment

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

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

IUCN Management Categories

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

Preparations Overview of the Seminar 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

Tools for marine connectivity Definition Special considerations Management approaches Ecosystem-based management MPA networks Area-based 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 Ecosystem-based 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 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

Building Capacity on Protected Areas Law & Governance