-MODULE 11MARINE PROTECTED AREAS
-SPECIAL LEGAL CONSIDERATIONS FOR
NATIONAL FRAMEWORKSExercise 2
Improving Protected Area Legislation for MPAs
OBJECTIVES AND INSTRUCTIONS

Nature of the Exercise
o Knowledge-reinforcing exercise
o Legal analysis in small groups
o Providing practical legal advice
o Discussion forum

Purpose of the Exercise
o Give Learners practice reading and analysing protected areas legal
provisions for MPAs.
o Provide Learners with an opportunity to practically apply their knowledge
regarding the special considerations applicable to MPAs and how to
address those in legislation.
o Build/improve legal analysis and drafting skills.

Structure of the Exercise (times are indicative, may vary according to
audience and setting)
o Introduction by Educator (15 minutes)
o Small group work (60 minutes)
o Joint class discussion (45 minutes)

Methodology/Procedure
o Divide Learners into small groups.
o Introduction to the Exercise – facilitated by pre-prepared presentation (15
minutes)
 Explain the nature and purpose of the Exercise.
 Briefly introduce the law which will be the focus of the Exercise
(use either the hypothetical/generic example provided in Annex B,
or an existing law relevant to the Learners’ context; where feasible,
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o
o
identification of existing laws is encouraged, even if the generic
example also is used).
 Introduce the task – explain that the relevant Government has
assigned them the task of reviewing the law and making
recommendations regarding its strong points and areas where
strengthening and amendment may be needed to effectively
address the special considerations of MPAs.
 Instruct the groups to read carefully through the generic law (or
other assigned law). Drawing from the knowledge conveyed in the
Seminar Presentation, work together to discuss the law, identify its
strong points and areas that need strengthening through
amendments, focusing on each of the following provisions, one by
one:
 Definitions
 Scope of application of the law
 Provisions relating to objectives and strategic planning
 Institutional and governance arrangements
 Establishment and management
 Regulation of activities
 Compliance and enforcement
 Instruct the groups also to analyze whether the law overall
adequately incorporates connectivity conservation concepts and
identify any other overall concepts or issues to point out as part of
their recommendations, where considered important.
 Instruct the group to nominate a scribe to record the
recommendations, and nominate a rapporteur to report back to the
joint group.
 Highlight that there is no one correct answer and that the purpose
of the exercise is to become familiar with legal provisions and how
concepts may be introduced specifically for MPA law. Indicate that
the groups will have 60 minutes to complete the task and that they
may use a pre-prepared common Worksheet (Annex C) to record
their notes and recommendations, which will be distributed to them
in advance.
Small group exercise (60 minutes)
 During this time the Learners will complete the task outlined above.
 The Educator will rotate among the groups to answer questions,
prompt ideas, and stimulate discussion.
 The Educator with facilitate the work of the Learners by providing
copies of any of the slides shown in the pre-prepared Presentation
that he/she feels may be helpful, plus the Worksheet, additional
paper and pens/pencils as needed and useful.
Joint group discussion (45 minutes)
 All Learners will then come back together and the rapporteur for
each group will give highlights of its findings, supplemented with
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additional comments or questions from other Learners in that
group or the other group.
The Educator, drawing on the
contributions of the Learners, will then present an analysis of the
relevant law and the recommendations for amendment, using the
Summary of Possible Responses (Annex D) as helpful. If the
hypothetical law is the focus of the Exercise, the Educator may wish
to provide a hard copy of the Annex D and work through it
systematically with the Learners.

Additional notes for educator
o Hypothetical example of a Marine Protected Areas Act (Annex B):
 This example provides framework provisions normally included in
some form in MPA legislation that provide the focus for the
exercise. This example has been prepared to reinforce and apply
knowledge learned in the Seminar presentation of Module 11. Its
purpose is to have Learners identify key legal elements needing
special attention for MPAs, especially strong points, gaps and areas
for strengthening through amendment.
The example is not
comprehensive. A complete MPA law would be more expansive in
containing also the many generic elements needed in PA law as
well as MPA-specific needs, and these may be amplified for the
particular situation.
 It is important to emphasize that a country’s legal framework for
MPAs must be tailored to the specific international obligations,
conservation values and goals, vision, capacity, implementation
feasibility, and legal system of the country. In that sense, there is
no model law, but rather guidelines that can outline key elements
and considerations. This example of an MPA Act and the associated
exercise is provided in that context.
 The Educator may want to substitute the hypothetical example with
an actual law from their region/jurisdiction in which case he/she
would need to adapt the Annexes accordingly.
 The Educator may want to edit/simplify the hypothetical example
depending on the level of capacity of the Learners in which case
he/she would need to adapt the Annexes accordingly.
o Worksheet for Learners (Annex C):
 Annex C provides a pre-prepared worksheet which the Educator
may distribute to the Learners for their use recording notes and
recommendations they decide are important with respect to specific
provisions of the hypothetical example (or actual law).
Alternatively or in combination, the Educator may distribute paper
and pencils for the Learners to record their notes and
recommendations. If the Educator is using an actual law for this
exercise, this Annex would need to be adapted.
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It is important to remind the Learners that as part of preparation
tasks when reviewing, advising on or drafting MPA legal provisions
that other laws and regulations also may need to be reviewed and,
as needed, amended to ensure harmonization, and avoid gaps and
conflicts. Those considerations are beyond the scope of this
exercise.
 Depending on the audience and setting, the Educator may ask the
groups also to identify what other laws may need to be reviewed
and other sectors that may need to be consulted as background to
providing sound advice for strengthening or preparing a new MPA
law.
Summary of Possible Responses (Annex D):
 This
Annex
provides
analysis
and,
as
appropriate,
recommendations in specific Articles of the Marine Protected Areas
Act where revisions or strengthening would be important to
consider. It is important to keep in mind when advising on or
drafting legislative provisions for MPAs that other laws and
regulations also may need to be reviewed and, as needed,
amended to ensure harmonization across the legal framework, and
avoid gaps and conflicts. If the Educator is using an actual law,
this Annex would need to be adapted.
 When going through these possible responses with the Learners,
the Educator should stress again that there is no one correct
answer and that the purpose of the exercise is to become familiar
with legal provisions and how concepts may be introduced
specifically for MPA law. The Educator may want to provide this
Annex as a hand-out either during the discussion or thereafter.

o
RESOURCES





Introductory presentation
Map of the case study (Annex A)
Hypothetical/generic MPA law (Annex B)
Worksheet for Learners (Annex C)
Summary of Possible Responses (for Educator) (Annex D)
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ANNEX A – MAP OF THE CASE STUDY
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ANNEX B
MARINE PROTECTED AREAS ACT
An Act to protect marine and coastal biodiversity, habitat, and
ecosystems and to establish a comprehensive and representative
network of marine protected areas in Atlantis.
Preamble: Whereas the island nation of Atlantis firmly believes that
conservation, based on an ecosystem approach, is of fundamental
importance for maintaining and restoring biological diversity and productivity
of the marine environment;
Whereas, Atlantis recognizes that its coastal and marine environment
offers significant opportunity for economic development for the benefit of all
Atlantans, and in particular for coastal communities; and
Whereas, the Government of Atlantis and all affected coastal
communities, including local indigenous communities agree on the
importance of developing and implementing a national strategy for the
management of estuarine, coastal, and marine ecosystems and building a
network of comprehensive and representative marine protected areas to
protect Atlantis’ valuable marine and coastal biodiversity, habitat and
ecosystems;
The following is enacted:
Article 1 – Short Title
This Act may be cited as the Marine Protected Areas Act.
Article 2 – Definitions
“Coastal zone” means that land and water area extending seaward to the
outer limit of the territorial sea, including all offshore islands and coral reefs
in that sea area, and extending inland from the mean high tide sea to the
landward margin of where the land and sea interact, including inshore
waters, sea bays, straits, lagoons, estuaries, wetlands, subtidal aquatic beds
(kelp beds, seagrass beds, tropical marine meadows), intertidal muds, sand
or salt flats and marshes.
“Director”” means the Director of the Department of Protected Areas;
“Endangered species” means any species or their populations that is in
danger of extinction throughout all or part of its range;
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“Endemic species” means any species whose range is restricted to a limited
geographical area;
“Management Plan” means the plan required under Article 11 of this Act.
“Marine protected area (MPA)” means those areas declared under Article 12
of this Act;
“Marine environment” means those areas of coastal zone and ocean waters,
and their submerged lands over which Atlantis exercises jurisdiction,
including the 200 nautical mile exclusive economic zone, consistent with
international law;
“Marine protected areas network” means the National Marine Protected
Areas Network established under Article 10 of this Act;
“Minister” means the Minister responsible for the environment;
“Threatened species” means any species that is likely to become extinct
within the foreseeable future throughout all or part of its range and whose
survival is unlikely if the factors causing numerical decline or habitat
degradation continue to operate.
Article 3: Scope of application of the Law
This Act shall apply to Atlantis’ entire marine environment, including internal
waters of the coastal zone so far as the land and sea interact, the territorial
sea (from the coastal baseline to 12 nautical miles) and the exclusive
economic zone (12 to 200 nautical miles), consistent with international law.
Article 4: Objectives
The objective of this Act is to protect marine biodiversity by identifying and
designating MPAs of special national significance and managing these areas
as a network of MPAs that is comprehensive and representative of the
marine habitats and ecosystems in the Atlantis marine environment.
Article 5: Guiding Principles
Implementation of this Act will be guided by the following conservation and
management principles: ecosystem-based management, science-based
decision-making taking into account best available information, the
precautionary approach, collaboration and public participation, sustainability,
integrated management, and adaptive planning and management.
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Article 6: Strategic Planning
The Minister, in collaboration with other Ministers and entities of
Government, local and indigenous communities, the scientific community
and other stakeholders, shall prepare and adopt a national strategic plan to
advance the overall objective of developing and maintaining a network of
marine and coastal protected areas in Atlantis.
Article 7: Institutional Arrangements
(1) The Minister shall have overall responsibility for implementation of this
Act.
(2) Subject to direction from the Minister, the Director of the Department of
Protected Areas shall have day-to-day responsibility for implementation of
this Act and the marine and coastal protected areas established and
managed under this Act as an integral part of the national protected area
system.
(3) The Director, under the direction of the Minister, shall undertake ongoing
interagency cooperation and collaboration with other sectors and interests
having powers and activities with respect to the marine environment,
including sectors responsible for fisheries, tourism, navigation, ports, coast
guard, customs and commerce, coastal development, and energy. for the
purpose of minimizing operational conflicts and maximizing opportunities to
support each other in management, research, monitoring, compliance, and
enforcement.
(4) The Director may, with the approval of the Minister, use existing
mechanisms for interagency cooperation and collaboration with other sectors
and interests or establish special advisory committees, including committees
for science and technology to advise on any matters under this Act.
(5) The Director must consult and have regard to the views, interests, and
rights of indigenous and local communities with respect to the establishment
and management of any MPAs pursuant to this Act and the exercise of
powers where those interests or rights may be affected.
Article 8: Establishment of MPAs
(1) An MPA established under this Act shall be a marine or coastal protected
area that is a clearly defined geographical space recognized, dedicated and
managed through legal means to achieve the long-term conservation of
nature with associated ecosystem services and cultural values.
(2) The Minister may propose designating any defined area of the marine
environment as a marine or coastal protected area and enact regulations
implementing the designation consistent with its conservation and
management objectives.
(3) In making a proposal under subsection (1), the Minister shall determine
that the following standards are met –
a) the area fulfills the objectives of this Act;
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b) the area is of special significance due to its conservation, recreational,
ecological, historical, scientific, cultural, archaeological, geological,
educational, or esthetic qualities;
c) the area is of a size and nature that will permit effective
conservation and management over the long-term.
(4) For purposes of determining if an area meets the requirements of
subsection (2), the Minister shall use scientific criteria for identifying
ecologically or biologically significant marine areas needing protection, and
sites, taking into account –
a) the area’s biodiversity and ecological qualities, critical habitat of
endangered or threatened marine species, and threats to the area and
species;
b) present and potential uses of the area that depend on maintaining the
area’s resources, including indigenous and local community fishing
activities, recreation, research, and education;
c) the area’s scientific value overall and value as an addition to the MPA
Network pursuant to Article 10 below;
d) existing use rights to the area, including traditional or customary
rights;
e) the manageability of the area, including such factors as its size and
ability to be identified as a discrete ecological unit with clear, definable
boundaries for management, monitoring, and enforcement.
(5) In making a determination to propose an area, the Minister shall be
advised by the Director, and take into account all findings resulting from
consultations undertaken with relevant government entities and sectors,
scientific experts, and stakeholders and other interested or affected persons
or groups.
(6) The Director shall involve relevant stakeholders at an early stage in
development of proposals for designation of an area to be an MPA under this
Act.
(7) Formal designation of an area to be an MPA under this Act shall be by
act of Parliament, upon referral of the Minister, along with accompanying
documentation on the proposed classification under Article 10 below and
legally-defined boundaries.
(8) Any de-establishment of an MPA established under this Act or change in
legally-defined boundaries shall require the same procedures as outlined in
this section for designation.
Article 9: Classification of MPAs
Proposals under Article 8 for designation of an area to be an MPA under this
Act shall include a recommendation on the specific designation which will
apply to management of the area according to its primary conservation
objectives, as follows:
a) marine reserve -- for the conservation of high-value biodiversity,
unique habitats, endangered or threatened species and their habitats,
or other marine resources or habitat necessary to fulfill the objectives
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b)
c)
d)
e)
f)
of this Act, where human use and impacts are strictly controlled and
limited to ensure protection of the area’s conservation values;
marine park -- where the area is large and natural or near-natural,
set aside to protect large-scale ecological processes along with their
species and ecosystems and where compatible scientific, educational,
cultural, and recreational opportunities may exist;
marine monument -- protecting a specific natural monument which
may be a sea mount, submarine cavern, archeological site, geological
features or other special feature with high visitor value;
marine management area, including a marine mammal sanctuary -aimed to protect particular species or habitat where management is
directed to this priority;
marine conservation area -- where interaction of people and nature in
the coastal zone or ocean waters has produced an area of distinct
character with significant ecological, biological, cultural and scenic
value;
as a sustainable use marine area where a portion of the area is under
sustainable low-level non-industrial use of the natural resources
compatible with long-term nature conservation.
Article 10: Establishment of MPA Network
(1) The MPAs established under this Act shall comprise a national MPA
Network.
(2) The MPA Network shall be a representative network of marine and
coastal protected areas protecting the full range of natural marine and
coastal habitats and ecosystems in Atlantis.
(3) Areas selected as MPAs to be part of the MPA Network shall consist of
areas
that
support
and
advance
the
representativeness
and
comprehensiveness of the MPA network and provide flexibility and resilience
for climate change and other unanticipated impacts.
(4) Marine and coastal protected areas created under other statutory or
customary laws may be recognized as part of the MPA Network so long as
they are managed primarily for conservation and are in accordance with the
objectives and management requirements of this Act.
Article 11: Management Plans
(1) The Director shall have overall responsibility for ensuring effective
management of activities in MPAs established under this Act.
(2) The Director shall take a collaborative approach to managing activities in
and surrounding MPAs, coordinating with other government entities, MPA
users, interested individuals and organizations to augment, reinforce, and
help with compliance and enforcement of regulations for the MPAs.
(3) The Director shall prepare and make available for public comment and
participation a draft management plan for any proposed MPA under this Act.
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This plan shall include the proposed classification or designation of the area,
a description of the geographic area proposed to be included, and other
information important for guiding management of the area according to its
significant natural values, primary conservation objectives, and the
contribution it will make to the MPA Network.
(4) The Director shall consider all written submissions and comments
received at public hearings and any advice from scientific advisors and
stakeholders and revised the draft management plan to take account of
those submissions, comments, and advice.
(5) After making amendments, if any, to the draft management plan, the
Director shall forward the plan to the Minister, who may approve the plan or
refer it back to the Director for further consideration.
(6) The Director shall review and update each management plan for an MPA
at least every five years following the considerations and process applicable
to development of the original plan.
Article 12: Management/co-management agreements
The Director, with the approval of the Minister, may make agreements with
other public authorities, non-governmental organizations, local or indigenous
communities, corporations or other persons, whether local, regional, or
international, for purposes of management or co-management of an MPA or
specific tasks associated with an MPA under this Act, including
implementation of all or portions of a management plan.
Article 13: Regulations
(1)The Minister may, on the advice of the Director, make regulations for
carrying out the objectives and provisions of this Act, including in the
Exclusive Economic Zone consistent with international law.
(2) The purpose of the regulations is to implement the designations of MPAs
established under this Act as part of the MPA Network by regulating
activities affecting them, consistent with their respective designations in
order to protect, preserve, manage for, and ensure the health, integrity, and
continued availability of the conservation, ecological, recreational, research,
educational, historical, and aesthetic resources and qualities for which these
areas have been designated.
Article 14: Prohibited or otherwise regulated activities
(1) Except as may be permitted under subsection (3) below, it is prohibited
for any person, corporation, or organization to disturb, damage or destroy in
any MPA under this Act, including the MPA seabed, or remove from it any
living marine organism or any part of its habitat.
(2) Regulations may be made for specific MPAs to address specific
prohibitions and other activities that may be authorized by general rules or
written permission pursuant to the specific designation of the area or specific
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zones within the area so long as consistent with those designations and the
associated management plan.
(3) The Director may issue a written permit upon application and subject to
conditions and fees, so long as consistent with the designation and
management plan of the MPA and any additional regulations made under
this Act, for the following:
a) scientific or research purposes;
b) salvage or recovery operations;
c) law enforcement and national security;
d) safety and emergencies.
Article 15: Compliance and Enforcement
(1) The Minister may designate any person to act as enforcement officers for
purposes of this Act, and the Minister may specific limits or specific
enforcement powers when designating any such person.
(2) The Director, with the approval of the Minister, may negotiate
agreements with other government agencies, local governments, and local
coastal communities and commercial marine user groups to undertake
surveillance and monitoring of coastal and marine areas, report on
suspicious or offending behavior with respect to MPAs, and collaborate when
offences are prosecuted.
(3) Any enforcement officers designated under subsection (1) or persons
designated to implement an agreement under subsection (2) shall receive
training appropriate to the assigned responsibilities and shall carry proper
identification of designation in a form approved by the Minister.
(3) For purposes of ensuring compliance with this Act and its regulations, an
enforcement officer may have powers of entry, inspection, stop and search
and seizure as provided under the Criminal Code or Law.
(4) Any person who is found guilty of an offence under this Act or its
regulations shall be punishable under the Criminal Code or Law by a fine not
to exceed $500,000 and double that amount for a second or subsequent
offence, and in addition the court may make an order containing additional
prohibitions, directions, or requirements, including requiring the person to
pay costs of restoring the marine environment that has been damaged and
take any other action the court considers appropriate to remedy the harm to
the marine environment or its resources that resulted or may result from the
commission of the offence.
(5) To aid in compliance and enforcement, the Director shall make full use of
technologies in remote sensing and satellite imaging to monitor vessel
positions and shall make use of data collected by other government
agencies, including on offshore intelligence and commercial fishing routes
and catch reports.
(6) To promote compliance with this Act and its regulations, the Director
shall support and develop programmes to build awareness about the role of
MPAs and how communities and individuals can help, and such programmes
should include the following –
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a) educational activities directed to different stakeholders and the general
public on the objectives of the MPA network, activities that are
permitted and prohibited in different sites, where boundaries are
located, and ways the public and stakeholders can participate in
surveillance and monitoring; and
b) involving other sectors and user groups from the beginning in MPA
design and management decisions, and developing partnership
agreements with indigenous and local communities for governance and
management of MPAs to help improve local compliance and, where
appropriate, using local enforcement officers from those communities.
Schedule 1: Marine Protected Areas Designated under the Act
(list of MPAs designated under the Act, including formal name, geographic
description, formal designation, reference to the management plan and any
regulations that may be enacted specific to the area)
************
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ANNEX C – WORKSHEET FOR LEARNERS
YOUR TASK
The Government of Atlantis has assigned you the task of reviewing the Marine
Protected Areas Act and making recommendations where needed to effectively
address the special considerations of MPAs. To start, read carefully through the
generic law (or other assigned law). Drawing from the knowledge conveyed in the
Seminar Presentation, work together as a group to discuss the law, identify its
strong points, gaps, and areas that need strengthening through amendments,
focusing on each of the provisions, one by one. Also analyse overall whether the
law adequately incorporates connectivity conservation concepts, and identify any
other overall concepts or issues important to include in the recommendations.
Nominate a scribe to record the recommendations, and nominate a rapporteur to
report back to the joint group.
Marine Protected Areas Act of Atlantis
Article
No./Name/topic
Notes on Recommendations: strong points, gaps, and
areas for strengthening through amendment
Preamble
2/Definitions
3/Scope of Law
4/Objectives
5/Guiding Principles
6/Strategic Planning
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7/Institutional
arrangements
8/Establishment
Of MPAs
9/Classification
of MPAs
10/Establishment
of MPA Network
11/Management
Plans
12/Management/comanagement
agreements
13/Regulations
14/Prohibited or
otherwise regulated
activities
15/Compliance and
enforcement
Schedule
15
Elements for
connectivity
Misc. -- Other
issues/
recommendations
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ANNEX D – SUMMARY OF POSSIBLE RESPONSES (For Educator)
Marine Protected Areas Act of Atlantis
Article
No./Name/topic
Recommendations: suggestions on strong points, gaps,
and areas for strengthening through amendment
Preamble
Not all legal systems use of the approach of starting with a
‘Preamble’ or ‘Findings’; in many countries the rationale for the Act
is in a separate document recognized by Parliament or Legislature
as part of the package. Either approach provides the important
opportunity to reference overall marine strategy and related marine
policy as the underpinning for the law.
2/Definitions
a) Marine protected area: The Act in the Definitions section could
incorporate the IUCN generic definition of ‘protected area’
(including marine) or this could occur in the substantive section on
establishment. If in the definitions, the text could still refer to a
specific substantive section of the law for the variety of MPAs
covered with different conservation objectives.
The generic
definition emphasizes long-term protection and conservation as the
primary objective: “marine protected area” means a marine or
coastal protected area that is a clearly defined geographical space
recognized, dedicated and managed through legal means to achieve
the long-term conservation of nature with associated ecosystem
services and cultural values.
b) Marine environment: the provision indicates the seaward extent
of the area covered under the Act, but does not define the coastal
zone, which also is important to consider. As explained in the
Module Presentation: While there is no international standard or
recognized legal definition for the idea of a coastal (near-shore)
marine area, commonly known as the ‘coastal zone’, at the
management level the concept is generally understood to mean the
coastal waters (and the land thereunder) and the adjacent
shorelands (and the waters therein) that strongly influence each
other. This includes estuaries, tidal reaches, mouths of coastal
rivers, coastal lagoons, the open coast, and the seabed and water
column of the sea, out to the limit of the territorial sea (or to a
specified depth seaward, whichever is greater).
c) Consider adding definitions for ‘Ecosystem’, ‘Biological diversity’,
‘Habitat’ – since these are core concepts for the Act; unless there
are specific local definitions, one could draw from international law,
e.g., the CBD, as illustrated below:

‘Ecosystem’ means a dynamic complex of plant, animal and
micro-organism communities and their non-living environment,
interacting as a functional unit (CBD, Art. 2)

‘Biological diversity’ or ‘biodiversity’ means the variability
among living organisms from all sources including, among other
things, terrestrial, marine and other aquatic ecosystems and the
ecological complexes of which they are a part, and diversity
within species, between species and of ecosystems (CBD, Art.
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2)

“Habitat’ means the place or type of site where an organism or
population of species naturally occurs (CBD, Art. 2).
3/Scope of Law
It is important that an MPA legal framework include the area inland
from the coast influenced by tidal waters, seaward out to the limits
of national jurisdiction, in this case the 200 nm EEZ; the definition
of coastal zone may be made more specific to the needs and
scientific understandings involved, and could be adapted from the
language offered above with the ‘marine enviroment’.
4/Objectives
Additional or elaborated language on objectives could be added to
enrich the framework of purposes and focus on specific
conservation and management aims that may be important to
highlight for policy and accountability, for example…
to establish a network of marine and coastal protected areas using
the ecosystem approach and principles of integrated marine and
coastal resource management, including connectivity conservation,
to sustain the conservation objectives of the network and
individual sites
to protect key marine and coastal ecological functions and
processes that are important for the productivity of the marine
environment;
to protect and restore depleted, threatened, rare or endangered
marine species and populations and, in particular, preserve
habitats considered critical for their survival;
to maintain and, where appropriate, restore and enhance natural
habitats, populations and ecological processes;
to select and manage sites and the network taking into account
climate change and build resilience, adaptation, and mitigation
measures to help species and ecosystems survive;
to recognize and use the full range of governance approaches, as
feasible and available, for managing specific sites or zones within
sites;
to recognize and help maintain traditional conservation practices
and institutions of indigenous peoples and local communities where
beneficial to the overall conservation objectives of the network.
-
-
5/Guiding
Principles
The inclusion of Guiding Principles in the Act provides an important
opportunity to reflect and emphasize core principles from national
policy that will apply explicitly to implementation of the Act. The
example in the Act highlights several key principles that are
internationally recognized; these may be elaborated with definitions
or others added to emphasis specific commitments and
accountability.
6/Strategic
Planning
The requirement for a strategic plan may be elaborated with
additional sections to give more direction and accountability to this
provision. For example:
(1) A strategic plan for the MPA network includes the following
elements:
a) a statement of the overall objectives to be achieved;
b) identification of existing areas and how they meet the
objectives’
c) identification of areas of high priority for designation in the near
term;
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d) identification of other areas of high priority needing additional
time for study and consultation;
e) identification of areas for possibility consideration in the future;
f) governance considerations and the variety of governance
approaches that may be available.
(2)The national strategic plan should be updated, as needed, to
reflect as new scientific information and circumstances, and should
not be used to preclude new or expanded high-value sites should
the opportunity arise.
(3) Provisions of the strategic plan for MPA networks should be
taken into account in other government planning processes and
instruments of Atlantis.
7/Institutional
arrangements
The institutional arrangements in this Act are very basic and don’t
elaborate on specific powers or functions, which is advisable to
ensure clarity and accountability. These could be strengthened by
amendment, taking as a guide some of the specific functions in the
Module presentation at different institutional levels.
In this Act, the authority for overall implementation rests directly
with the Government – the Minister at the policy level and the
Director of the Department of Protected Areas at the technical,
management level. In some countries, a separate corporate body
is established (for example, a National Trust or Authority),
answerable to the Minister, with responsibility for preforming all
duties and functions necessary to carry out the objectives of the
Act. Generally these functions would be spelled out as well as the
governing arrangements and staff.
A strong point is that provisions indicate that the Director oversees
the entire protected areas system, of which marine and coastal
areas are a part. This approach facilitates integrated coastal and
marine management and coordination with land-management
sectors that may have activities impacting the sea. As a guiding
principle, international guidance provides that MPAs and MPA
networks should be managed taking into account the overall PA
system.
8/Establishment
of MPAs
This provision begins by including the definition of an MPA as
provided by IUCN; this approach could be an alternative to
including the definition in the article on Definitions.
This Article should be strengthened by providing interim protection
for proposed areas where additional data collection for the
appropriate management category and zoning, especially in
deepwaters, are required.
This Article also could be strengthened by providing guidance on
specific scientific criteria to use for identifying ecologically or
biologically significant marine areas needing protection (as stated in
subsection 3). Parties to the Convention on Biological Diversity
have adopted criteria for countries to adapt to their national MPA
selection, and these may be worthwhile to include:
-Uniqueness or rarity -- with respect to endemic species,
populations or communities; habitats or ecosystems; or unusual
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geomorphological or oceanographic features;
-Special importance for life history stages of species-- required for
a population to survive and thrive;
-Importance of threatened, endangered or declining species and/or
habitats -- containing habitat for survival or recovery of
endangered, threatened or declining species or areas with
significant assemblages of such species;
-Vulnerability, fragility, sensitivity or slow recovery – relatively high
proportion of sensitive habitats, biotopes or species that are
functionally fragile or with slow recovery;
-Biological productivity – containing species, populations or
communities with comparatively higher natural
biological
productivity;
-Naturalness – comparatively higher degree of naturalness as a
result of the lack of or low level of human-induced disturbance or
degradation.
9/Classification
of MPAs
This Act recognizes a range of possibilities for MPA management
categories to which specific areas may be assigned according to
their primary conservation objectives. IUCN guidelines indicate
that IUCN protected areas management categories apply to marine
and coastal protected areas, just as they apply to terrestrial areas.
This means that MPA legislation should provide for the full range of
conservation and management objectives, from strict protection to
sustainable resource use, regardless of the terms used for different
areas. The Act in this exercise provides one approach; another is
to take the IUCN categories directly, which some countries have
done.
10/Establishment
of MPA Network
A provision that explicitly calls for the establishment and
management of individual sites as part of an MPA network is
important in MPA legislation.
Also, it is worthwhile to provide the option (as this Act does) of
recognizing other marine and coastal protected areas established
through legal or other effective means to be part of the Network,
both to strengthen the Network itself and support connectivity.
This Article could be strengthened by providing more scientific
guidance on the kinds of network properties and components
important for individual sites to satisfy to be part of the Network.
Parties to the Convention on Biological Diversity have adopted
scientific criteria for countries to use for selecting areas to establish
a representative MPA network, and these may be worthwhile to
consider/adapt in legislation:
-Ecologically and biologically significant areas – geographically or
oceanographically discrete areas with important services to one or
more species/populations of an ecosystem or to the ecosystem as a
whole, as compared to other surrounding areas or areas of similar
ecological characteristics;
-Representativity – when the network consists of areas
representing different biogeographical subdivisions of the global
oceans and regional seas that reasonably reflect the full range of
ecosystems, including biotic and habitat diversity;
-Connectivity – to allow linkages whereby protected sites benefit
from larval and/or species exchanges, and functional linkages from
other network sites (i.e., individual sites benefit one another);
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-Replicated ecological features – more than one site in the given
biogeographic area containing examples of a given feature or
features (species, habitats and ecological processes) that naturally
occur in that area;
-Adequate and viable sites – all sites within a network should have
size and protection sufficient to ensure the ecological viability and
integrity of the features for which they were selected.
11/Management
plans
It is important to include in MPA legislation the requirement to
collaborate with other government departments and agencies, MPA
users, and other individuals and groups with an interest in the MPA
because, particularly in marine environments, there are many
diverse interests and sectors that are involved in various potentially
competing and conflicting activities and these actors can plan an
important role in helping meet the objectives of the MPA and
implementing its management plan. This is essential also due to
the special features and dynamic nature of the marine
environment, where protecting the health of the MPA means
considering these interconnecting processes and the activities in the
surrounding marine environment. Deepwater areas are specially
challenging and need this collaboration because of their distance
from shore, lack of information about deepsea ecosystems and
species, and the complex jurisdictional and management
responsibilities that affect the development of such MPAs.
It is advisable to provide more guidance on specific required
elements for the management plan. Additional items that might be
mentioned include:
a) a description of the characteristics of the area that give it
conservation, recreational, ecological, historical, research,
educational or esthetic value;
b) a map with clear boundaries of the proposed area;
c) proposed goals and objectives for managing the area,
including management responsibilities, research, education,
monitoring, resource protection, restoration, enforcement
and surveillance;
d) any significant or unique values or features of the area
needing special protection, such as habitats for endangered
or threatened species, high-value biodiversity sites such as
deep sea vents, deepwater coral reefs, and special
connectivity needs;
e) specific scientific criteria it satisfies as an MPA site and how
it contributes to the scientific properties of the MPA
Network;
f) types of activities that will be subject to regulation to protect
those characteristics;
g) proposed mechanisms to coordinate regulatory and
management authorities within the area.
Additional provisions needed to strengthen the Article include
authorizing zoning as part of the management plan that includes a
range of protection levels, from comprehensive protection to
limiting certain activities, to providing transition zones protecting
core areas and connectivity; identifying buffer zones, and stressing
the need for adaptive management and integrated management as
part of the management plan design and operations.
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12/Management or
co-management
agreements
At the management level, multiple sites may be governed by a
single protected areas authority, particularly where there are few
sites located in a relatively close proximity or where there is
minimal monitoring and enforcement required. Increasingly, with
MPAs and the special challenges and features associated with both
near-shore and deepwater management, some or all individual sites
in the network may be best served by having specially designated
management authorities that singly or cooperatively have
management responsibilities. This includes local authorities at a
state or provincial level where collaborative arrangements may be
negotiated, and designation of responsibilities to non-state actors,
such as traditional fishing communities for the fishing grounds they
manage; local communities, NGOs, or local corporations with
valuable biodiversity sites they protect that are part of the MPA
network. International guidelines recommend that legal provisions
for MPAs should authorize the possibility that such local entities
could retain a lead management role (either as sole manager or comanager), with appropriate agreements to spell out management
and technical assistance responsibilities of all parties, as
appropriate, including technical assistance and other incentives to
support the local role.
13/Regulations
Many legal instruments for MPAs will elaborate specific areas to
receive additional regulation under the Act, in addition to providing
the general authority to issue regulations. Specific items may
include establishing regulations for specific MPA sites (in addition to
regulations of general applicability), such as for specific boundaries
and zones, allowed activities, and prohibited or otherwise regulated
activities in the zones, and emergency regulations. Some countries
may have a legal practice where regulations for specific MPAs must
be endorsed by the Parliament or Executive in order to be adopted.
It also is important to keep in mind that MPAs may be established
in deepwater areas, including areas of the Exclusive Economic
Zone, but that such areas and their regulations must be consistent
with international law which provides for such activities as the
freedom of navigation.
14/Prohibited
or
otherwise
regulated activities
Generally, legislation for MPAs will include some general
prohibitions and then exempt certain activities from the prohibition
(e.g., in case of emergencies, passage of ships, national security,
safety) and then include provisions for a process to permit other
activities to occur, either by general rules or written permission, so
long as consistent with the conservation objectives of the area and
its management plan. In some countries, provisions in the law are
very general with separate regulations setting out the detailed,
comprehensive rules. In other countries, the legal practice is to be
more detailed in the law, enumerating specific activities and the
approval process for authorization, while further expanding those
provisions in subsidiary legislation (sometimes called rules, by-laws,
or regulations).
The example in this Act is very general, and may not be sufficiently
detailed for the guidance preferred in some countries. But it does
authorize further regulations specifically to address the special
needs of individual sites, which accommodates the variety of
conservation objectives (from strict protection to sustainable use)
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that may exist in modern MPA networks.
This Article could be strengthened with a provision providing for
circulation of draft regulations and a period of public comment and
input from stakeholders and interested persons before the
regulations become final.
15/Compliance
and enforcement
It is important to highlight that legal provisions for compliance and
enforcement for MPAs generally will be part of framework
enforcement provisions, powers, and penalties in the protected
areas law overall, and be governed by the Criminal Code or Law.
A main issue for group discussion here is how can compliance and
enforcement provisions for MPAs be tailored to the special features
and management challenges of marine environments.
Review
again some of these special challenges as they relate to compliance
and enforcement. For instance, sites may be widely dispersed
across extensive bodies of water where monitoring and surveillance
by government agencies is difficult and prohibitively expensive,
requiring specially trained personnel, access to appropriate vessels
or aircraft, or high-tech equipment. Also, normally, the outer
marine boundaries of an MPA are not easily demarcated on-site,
and not all navigational charts will show clear and accurate
boundaries, especially in the case of zones within large sites.
Schedule
Elements
supporting
connectivity
These factors mean that MPA laws should emphasize use of several
special tools, for example, modern remote and satellite
technologies; partnerships with other sectors and user groups
(fisheries organizations, tour operators, coastal communities,
commercial users) that may already be regularly in the marine
environment or able to monitor uses and conditions; and
recognizing a range of possibilities for enforcement officers, from
enforcement officers in other sectors (e.g., customs, marine police)
and from indigenous and traditional communities.
Subject to local legal practice, there may be schedules in an MPA
law, including a variety of items, such as the list of MPAs being
designated under the Act; marine and coastal conservation areas
designated under other laws that may be recognized as part of the
MPA network; guidance on content for a management plan;
guidance on scientific criteria for site selection or for establishing
the MPA network; terms of reference and procedures for operation
of any formal committees that may be established under the Act,
for example, a scientific committee, or technical advisory
committee, or community advisory committee, etc.
A number of concepts are incorporated in the Act that could be
used to facilitate connectivity conservation.
These include:
ecosystem-based
management,
integrated
management,
sustainability, and adaptive management (guiding principles noted
in Article 5). In addition, the requirement for a ‘Network’ of MPAs
also implies the need to take into account connectivity if the
Network is to be sustainable.
Aspects needing strengthening that are noted above under
‘Objectives’ (Article 4), ‘Establishment of MPA Network’ (Article 10)
and ‘Management and Management Plans’ (Article 11) include
giving explicit reference to connectivity needs.
If these are
accepted as amendments to the Act, the connectivity issue will
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have more clarity and direction.
Additional
recommendations
on law overall



At the same time, a distinct provision requiring considerations of
connectivity conservation in the design and management of MPAs
and the Network could provide even more clarity, and certainty. It
would give the Director authority, as well as the duty, to
incorporate connectivity conservation needs into MPA site and
Network planning and management. In addition, this provision
could reinforce concepts already in the Act, such as integrated
management, and highlight the use of broader marine spatial
planning covering both nearshore and deepwater areas as tools to
identify connectivity needs in marine strategic planning, marine
policy, and marine conservation.
Other items that might be discussed specifically with respect to the
needs of marine and coastal environments and MPAs:
Differences in regulatory needs, management and enforcement
challenges between near-shore/coastal areas and deepwater areas
Explicit prohibition within any MPA of commercial fishing,
bioprospecting, oil drilling, mining, energy development.
Issues raised by the group presentations because of their local
situations or other laws that provided by Educator.
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