Building Capacity on Protected
Areas Law & Governance
Module 11
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Many MPA laws are outdated and should be strengthened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
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
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.
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
tidal reaches
river mouths
coastal lagoons
open coast
territorial sea
Deepwater (off-shore) marine area
beyond territorial sea
Institutional arrangements
Main purposes
Highest level institutions
Management institutions
Coordination and advice
Main purposes
Clearly designate
powers
Provide support
mechanisms
Marine/coastal authorities
Coordination/collaboration
Different levels
Advice/feedback
Highest level institutions
High policy-level body
Minister
Head of State
Lead MPA authority
National implementation
Overall network management
Council/Commission
Management institutions
Options
Single management entity
Management units for specific sites
Transboundary management
Levels
Central authority
Federal/
decentralized systems
Non-state actors
Coordination and advice
Coordination and
collaboration
• Between terrestrial and
MPA authorities
• Across key sectors
• Incorporate diverse
governance types
• Harmonize laws across
sectors or within PA legal
framework
Advisory
mechanisms
• For MPA network or specific
sites/issues
• Scientific input
• Governance input
• Data collection and
monitoring
• Education and awareness
building
Overview of the Seminar
Preparations
Preliminary provisions
Substantive legal elements
Substantive legal elements
Strategic planning
Establishment
Management
Governance
Strategic Planning
Overall goal –
Representative networks
Specific objectives –most
valued sites
Focus of legislation
Establishment
International criteria and
guidance
Use best available
science and technology
Account for
adaptation
…Establishment
CBD criteria
Table III(2)-3: CBD guidance on marine and coastal protected areas and networks
Scientific criteria for identifying ecologically
or biologically significant marine areas in
need of protection in open-ocean waters
and deep-sea habitats (Annex 1)
Scientific guidance for selecting areas to
establish a representative network of marine
protected areas, including in open ocean
waters and deep-sea habitats (Annex II)
Criteria
Required network properties and components
● Uniqueness or rarity—with respect to (1)
endemic species, populations or
communities, (2) habitats or ecosystems, or
(3) unusual geomorphological or
oceanographic features
● 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
● 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
● Biological diversity—comparatively higher
diversity of ecosystems, habitats,
communities or species, or higher genetic
diversity
● 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)
● 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
● Naturalness—comparatively higher degree of
naturalness as a result of the lack of or low
level of human-induced disturbance or
degradation
Source: Adapted from CBD COP 2008 IX/20, Annex I and Annex II.
…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
Category
Definition 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.
Governance
International guidance
National provisions on
governance types
State-owned/
controlled
Indigenous/
local
communities
Private
NGOs
Co-managed
Overview of the Seminar
Preparations
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
Overview of the Seminar
Preparations
Preliminary provisions
Substantive legal elements
Tools for implementation
Tools for marine connectivity
Tools for marine connectivity
Definition
Special considerations
Management approaches
MPA
networks
Area-based
management
Ecosystembased
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
Ecosystembased
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
... 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
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 Studies
5 Case Studies
Building Capacity on Protected Areas
Law & Governance
Module 11
Seminar
Presentation
Exercises
knowledge transfer
skills development
Marine Protected Areas – Part II