-MODULE 10MARINE PROTECTED AREAS
-SPECIAL FEATURES AND INTERNATIONAL LAW
OBLIGATIONS & GUIDANCEExercise 2
Analysing and Comparing Protocols for MPAs
under Regional Seas Conventions
OBJECTIVES AND INSTRUCTIONS
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Nature of the Exercise
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Purpose of the Exercise
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Knowledge-reinforcing Exercise
Small Group Exercise
Legal Analysis
Discussion Forum
Get Learners to work with international law related to MPAs, including
obligations arising from international treaties and associated guidance.
Provide an opportunity for Learners to reflect on the contents of international
agreements specifically relating to MPAs.
Develop analytical 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 (30 minutes)
o Consolidation (15 minutes)
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Methodology/Procedure
o Divide Learners into small groups of two or more, depending on class size.
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Introduction to the Exercise – facilitated by pre-prepared presentation (15
minutes)
 Explain the nature and purpose of the Exercise which is in two parts:
 Part 1 – comparative analysis of two Regional Seas (RS)
Protocols on MPAs –the Mediterranean (Annex C) and Wider
Caribbean (Annex D). Alternatively the Educator may wish to
take two other RS examples if they fit the class situation better.
Briefly introduce and describe each Protocol and distribute the
two Annexs. Explain that each of these Protocols was adopted
under Regional Seas Conventions concluded and in force for the
respective areas:
 Mediterranean Convention for the Protection of the
Mediterranean
Sea
against
Pollution
(Barcelona
Convention) adopted in 1976 (amended 1995) and
entered into force in 1978 (amended version in force
2004).
Six Regional Activity Centres (RACs) are
responsible for the implementation of respective
components of MAP under the supervision of a
Coordinating Unit (MEDU).
 Caribbean for the Protection and Development of the
Marine Environment of the Wider Caribbean Region
(Cartagena Convention). The Convention entered into
force in 1986 and is facilitated by the Regional
Coordinating Unit (CAR/RCU).
 Part 2 – a review of the CBD Decision IX/20 on Marine and
Coastal Biodiversity (Annex E) and the extent to which the two
Protocols compared in Part 1 reflect the CBD Scientific Guidance
on Criteria for Selecting MPA Sites and Requirements for an MPA
network contained in Annexes I and II of that decision.
 Introduce Part 1 of the task– explain that they are to do a
comparative analysis of the two Regional Seas Protocols to identify
common provisions and key areas where the two Protocols may differ
in their requirements or guidance regarding protected areas in marine
and coastal environments of the regions involved. Instruct the groups
to read carefully through the Protocols and work together to discuss
and make their analysis. Indicate that they are to give special
attention to the following:
 definitions relevant for MPAs,
 general obligations related to MPAs,
 provisions on establishing MPAs
 associated provisions on protection, planning and management
measures called for,
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 buffer zones.
 Introduce Part 2 of the task– instruct the groups to carefully review
the CBD Decision IX/20 (2008), giving special attention to Annex I
(Scientific Criteria for Identifying Ecological or Biologically Significant
Marine Areas in Need of Protection in Open Ocean Waters and DeepSea Habitats) and Annex II (Scientific Guidance for Selecting Areas to
Establish a Representative Network of Marine Protected Areas,
including in Open Ocean Waters and Deep-Sea Habitats). Explain to
the groups that they are to work together to discuss these annexes
and analyse the extent to which the two Protocols analysed in Part 1
reflect the Guidance in the Annexes, giving special attention –
 in Annex I, the following criteria: uniqueness or rarity,
endangered or declining species and/or habitats, vulnerability,
biological diversity, naturalness;
 in Annex II, the following required network properties and
components: ecologically and biologically significant areas,
representativeness, and connectivity.
 Emphasize that there is no one correct answer. The purpose of the
exercise is to learn how to work with and analyse international law
related to MPAs, including obligations and guidance, and reflect on the
contents of different international agreements specifically relating to
MPAs.
 Indicate that the groups will have about 1 hour to complete the task
and that they may use the pre-prepared common Worksheet (Annex
A) (or make up their own) to record their analyses. To facilitate their
work they should nominate a scribe to take notes and a rapporteur to
report back to the class.
 During this time, the Educator will rotate among the groups to answer
questions and stimulate discussion. The Educator will facilitate the
work of the Learners by providing copies, as needed and useful, of any
of the slides shown in the pre-prepared Presentation, and paper and
pens/pencils.
Joint group discussion and consolidation (about 30 minutes): All Learners will
then come back together as a group and present their analysis. Then the
Educator will consolidate and elaborate as appropriate using the Summary
Analysis provided in Annex B (about 15 minutes). The Educator may wish to
provide a hard copy of Annex E as part of this wrap-up and work through it with
the Learners.
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Additional Notes for the Educator
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The Educator may want to substitute the two Regional Seas Protocols
selected for two other Regional Seas Protocols that are better suited to the
region and class. If so, the Education would need to adapt the Annexs
accordingly.
The Educator may want to edit/simplify the two Parts of the Exercise
depending on the level of capacity, interest, and needs of the Learners, and
the specific goals of the seminar, and in this case the Educator would need to
adapt the Annexes accordingly.
The Educator may wish to use worksheets, such as the one provided (Annex
A) to help Learners organize their analysis of the two Protocols and of the
CBD Guidance in relation to the Protocols. The Educator may wish to expand
or adjust this as useful for the particular situation and background of the
Learners.
Annex B provides a Summary of Possible Analyses. It is important to remind
the Learners that there is no one correct answer. The suggested responses
highlight key areas to note; there may be additional issues which the
Learners may raise that also deserve attention in a comparative analysis.
Remind the Learners to keep in mind that the purpose of this exercise is to
learn how to work with and analyze international law related to MPAs,
including obligations and guidance, and reflect on the contents of different
international agreements specifically relating to MPAs.
RESOURCES
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Introductory presentation
Worksheet (for Learners) (Annex A)
Summary analysis (for Educator) (Annex B)
Regional Seas Protocol for the Mediterranean: Protocol concerning Specially
Protected Areas and Biological Diversity in the Mediterranean (Annex C)
Regional Seas Protocol for the Caribbean: Protocol concerning Specially Protected
Areas and Wildlife to the Convention for the Protection and Development of the
Marine Environment of the Wider Caribbean Region (Annex D)
CBD Decision IX/20. Marine and Coastal Biodiversity (Annex E)
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ANNEX A – WORKSHEETS FOR LEARNERS
PART 1 – YOUR TASK
Compare the two Regional Seas Protocols with a view to identifying common
provisions and/or key areas where the two Protocols may differ. Use the items listed
in the first column as a guide to reviewing and comparing key elements of each
protocol. Add additional items that you think might be important to point out to
advise countries on elements of the Protocols which raise legal considerations for
national MPAs.
Worksheet for Part 1
Item
Med. Protocol Adopted
Carib. Protocol
1982, amended 1995,
entered into force in 1999.
Adopted in 1990,
entered into force
in 2000.
Definitions
relevant for
MPAs
General
obligations
related to
MPAs
Establishing
MPAs
Protection,
planning, &
management
measures for
MPAs
Buffer zones
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Similarities/
differences
Other
important
items ….
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PART 2 – YOUR TASK
Analyse the extent to which the two Protocols you reviewed in Part 1 reflect the
guidance contained in the CBD COP Decision IX/20, Annex I and II, on scientific
criteria for selecting MPAs and requirements for an MPA network. Use the items listed
in the first column as a guide to your analysis. Study the CBD decision to understand
the definitions, rationale, and application of these criteria. Add comments where it is
unclear or where you think there are additional points worth highlighting to advise
countries on elements of the Criteria which could be used to strengthen legal
frameworks for their MPAs.
Worksheet for Part 2
CBD Annex I:
Criteria for
identifying
MPA sites
Mediterranean
Protocol
Caribbean
Protocol
Uniqueness or
rarity
Endangered, or
declining species
and/or habitats
Vulnerability
Biological
diversity
Naturalness
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Additional
Comments
CBD Annex II:
Criteria for
establishing
MPA networks
Med. Protocol
Carib. Protocol
Ecologically and
biologically
significant areas
Representativity
Connectivity
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Comments
ANNEX B – SUMMARY ANALYSIS (FOR EDUCATOR)
Part 1 – Comparing protocols
Topic
Definitions
General obligations
Establishing protected
areas
Protection measures
indicated
Planning and
management measures
indicated
Buffer zones
Med. Protocol
(MP)
Carib. Protocol
(CP)
Defines biodiversity
Defines endangered,
(taken from CBD),
threatened, and
endangered,
endemic species
threatened, and
endemic species
Similar provisions to protect areas of special
natural and cultural value, mention both areas
needing protection and species. MP explicitly
requires inventories, strategies, plans,
programmes, and monitoring for biodiversity
conservation. Both emphasize respect to
sovereignty of other states.
Both emphasize objectives to protect
representative types of coastal/marine
ecosystems for long-term viability and to
maintain biological diversity, critical habitats.
CP also emphasizes economic and social
benefits
Common provisions to regulate dumping,
discharge of wastes, passage of ships,
exploration or exploitation of soil or subsoil or
seabed, introduction of non-indigenous
species; MP includes scientific research for
regulation and more generally provides for
additional regulation; CP is more explicit in
mentioning archaeological activity, industrial
activity, tourism and recreation, and trade in
endangered or threatened specieds for
regulation.
Both Protocols require management plans,
involvement of local communities,
mechanisms for finance, contingency plans,
authorization to regulate activities,
monitoring, and manager training; in addition,
MP highlights coordination between land and
marine components of a PA; CP calls for mgt.
guidelines, measures on conduct of scientific
research.
--- no mention of
Encourages
buffer zones --establishing buffer
zones to strengthen
protection of a listed
area, where activities
are less restricted but
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Additional
Comments
Differences
probably reflect
when protocols
were adopted
CP provisions
reflect specific
issues of
particular
concern in the
region, e.g.,
Tourism, CITES
trade.
compatible; also
requires consultations
where buffers are
contiguous to state
border or limits of
national jurisdiction
Other…
[Educator should feel
free to add additional
items of special interest
and relevance for the
local situation]
Part 2 – Comparing Protocols and CBD scientific criteria for MPAs
CBD Criteria for
selecting MPA
sites (2008)
Med. Protocol
Carib. Protocol
Comments
Overview comment
Annex 1 adopted in
1995. “Common
Criteria” contains
general principles,
general features for
areas to be listed,
legal status, and
protection, planning
and management
measures. Scientific
criteria for evaluating
the Mediterranean
interest in an area
that are generally
similar to CBD criteria
are noted with ‘X’
below. Variations or
additional criteria are
also noted.
Both Protocols
have
endeavoured
to incorporate
internationally
recognized
criteria, and
general these
follow many of
the CBD
criteria.
Coming some
15 years later,
the CP
guidelines
follow the CBD
guidelines
more closely.
Uniqueness or rarity
X
Adopted in 2010.
“Guidelines and
Criteria for the
Evaluation of
Protected Areas to be
Listed under the
SPAW Protocol”
contains general
principles, and then
divides the criteria
into ecological criteria
and cultural and
socio-economic
criteria. Protection,
planning and
management
measures, and
procedures for
nomination, listing,
and delisting MPAs.
Ecological criteria
that are generally
similar to the CBD
criteria are noted
with ‘X’ below.
X
Endangered, or
X
X
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declining species
and/or habitats
Vulnerability
Recognizes existence
of threats likely to
impair the ecological,
biological, aesthetic or
cultural value of area
Biological diversity
X
X
Naturalness
X
X
Other…
Other scientific
characteristics and
factors mentioned:
value of scientific
research, scientific
involvement in area,
opportunities for
sustainable
development,
existence of an
integrated coastal
management plan, a
legal status
guaranteeing their
effective long-term
protection, and a
management plan and
management body
with sufficient powers
to prevent or control
harm to the aims of
the PA.
Other ecological
criteria mentioned:
Resilience. Other
related criteria:
requirement for a
management
framework and
functional
management body;
clear definition of
conservation and
management
objectives,
integration within
larger planning
framework, and the
protected area must
be subject to a legal
framework
guaranteeing its
effective long-term
protection.
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CBD Criteria for
establishing MPA
network (2008)
Overview comment:
Med. Protocol
Carib. Protocol
Additional
Comments
Annex 1, Common
Criteria General
Principles, includes
that all SPAMIs will
have to constitute the
core of a network
aimed at the effective
conservation of the
Mediterranean
heritage.
The Guidelines and
Criteria, in the
Introduction, contains
several references to
the list of protected
areas creating a
regional network. In
the General
Principles, there are
four additional
references to forming
a protected areas
network.
The expanded
use and
integration of
the network
concept for
MPAs in the CP
is likely related
to the growing
awareness of
that concept
as science
understanding
has improved.
Ecologically and
biologically
Significant
X
Representativity
X
X
Connectivity
Other…
X
Climate change
adaptation and
mitigation -- includes
reference to the PA
network contributing
to the extent
possible.
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ANNEX C – REGIONAL SEAS PROTOCOL FOR MPAS IN THE
MEDITERRANEAN
Protocol Concerning Specially Protected Areas and Biological Diversity in the
Mediterranean (SPA and Biodiversity Protocol)
Date adopted: 10 June 1995 (Barcelona, Spain)
Date entered into force: 12 December 1999 - replacing the Protocol concerning Mediterranean Specially
Protected Areas adopted on 3 April 1982 (Geneva, Switzerland), entered into force on 23 March 1986.
The Contracting Parties to the present Protocol,
Being Parties to the Convention for the Protection of the Mediterranean Sea
against Pollution, adopted at Barcelona on 16 February 1976,
Conscious of the profound impact of human activities on the state of the
marine environment and the littoral and more generally on the ecosystems of
areas having prevailing Mediterranean features,
Stressing the importance of protecting and, as appropriate, improving the
state of the Mediterranean natural and cultural heritage, in particular
through the establishment of specially protected areas and also by the
protection and conservation of threatened species,
Considering the instruments adopted by the United Nations Conference on
Environment and Development and particularly the Convention on Biological
Diversity (Rio de Janeiro, 1992),
Conscious that when there is a threat of significant reduction or loss of
biological diversity, lack of full scientific certainty should not be
invoked as a reason for postponing measures to avoid or minimize such a
threat,
Considering that all the Contracting Parties should cooperate to conserve,
protect and restore the health and integrity of ecosystems and that they
have, in this respect, common but differentiated responsibilities,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
DEFINITIONS
For the purposes of this Protocol:
(a) "Convention" means the Convention for the Protection of the
Mediterranean Sea against Pollution, adopted at Barcelona on 16 February
1976 and amended at Barcelona in 1995;
(b) "Biological diversity" means the variability among living organisms
from all sources including, inter alia, terrestrial, marine and other
aquatic ecosystems and the ecological complexes of which they are part;
this includes diversity within species, between species and of ecosystems;
(c) "Endangered species" means any species that is in danger of extinction
throughout all or part of its range;
(d) "Endemic species" means any species whose range is restricted to a
limited geographical area;
(e) "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;
(f) "Conservation status of a species" means the sum of the influences
acting on the species that may affect its long-term distribution and
abundance;
(g) "Parties" means the Contracting Parties to this Protocol;
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(h) "Organization" means the organization referred to in Article 2 of the
Convention;
(i) "Centre" means the Regional Activity Centre for Specially Protected
Areas.
Article 2
GEOGRAPHICAL COVERAGE
1. The area to which this Protocol applies shall be the area of the
Mediterranean Sea as delimited in Article 1 of the Convention. It also
includes:
- the seabed and its subsoil;
- the waters, the seabed and its subsoil on the landward side of the
baseline from which the breadth of the territorial sea is measured
and extending, in the case of watercourses, up to the freshwater
limit;
- the terrestrial coastal areas designated by each of the Parties,
including wetlands.
2. Nothing in this Protocol nor any act adopted on the basis of this
Protocol shall prejudice the rights, the present and future claims or legal
views of any State relating to the law of the sea, in particular, the
nature and the extent of marine areas,the delimitation of marine areas
between States with opposite or adjacent coasts, freedom of navigation on
the high seas, the right and the modalities of passage through straits used
for international navigation and the right of innocent passage in
territorial seas, as well as the nature and extent of the jurisdiction of
the coastal State, the flag State and the port State.
3. No act or activity undertaken on the basis of this Protocol shall
constitute grounds for claiming, contending or disputing any claim to
national sovereignty or jurisdiction.
Article 3
GENERAL OBLIGATIONS
1. Each Party shall take the necessary measures to:
(a) protect, preserve and manage in a sustainable and environmentally
sound way areas of particular natural or cultural value, notably by
the establishment of specially protected areas;
(b) protect, preserve and manage threatened or endangered species of
flora and fauna.
2. The Parties shall cooperate, directly or through the competent
international organizations, in the conservation and sustainable use of
biological diversity in the area to which this Protocol applies.
3. The Parties shall identify and compile inventories of the components of
biological diversity important for its conservation and sustainable use.
4. The Parties shall adopt strategies, plans and programmes for the
conservation of biological diversity and the sustainable use of marine and
coastal biological resources and shall integrate them into their relevant
sectoral and intersectoral policies.
5. The Parties shall monitor the components of biological diversity
referred to in paragraph 3 of this Article and shall identify processes and
categories of activities which have or are likely to have a significant
adverse impact on the conservation and sustainable use of biological
diversity, and monitor their effects.
6. Each Party shall apply the measures provided for in this Protocol
without prejudice to the sovereignty or the jurisdiction of other Parties
or other States. Any measures taken by a Party to enforce these measures
shall be in accordance with international law.
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PART II
PROTECTION OF AREAS
SECTION ONE - SPECIALLY PROTECTED AREAS
Article 4
OBJECTIVES
The objective of specially protected areas is to safeguard:
(a) representative types of coastal and marine ecosystems of adequate
size to ensure their long-term viability and to maintain their
biological diversity;
(b) habitats which are in danger of disappearing in their natural area
of distribution in the Mediterranean or which have a reduced natural
area of distribution as a consequence of their regression or on account
of their intrinsically restricted area;
(c) habitats critical to the survival, reproduction and recovery of
endangered, threatened or endemic species of flora or fauna;
(d) sites of particular importance because of their scientific,
aesthetic, cultural or educational interest.
Article 5
ESTABLISHMENT OF SPECIALLY PROTECTED AREAS
1. Each Party may establish specially protected areas in the marine and
coastal zones subject to its sovereignty or jurisdiction.
2. If a Party intends to establish, in an area subject to its sovereignty
or national jurisdiction, a specially protected area contiguous to the
frontier and to the limits of a zone subject to the sovereignty or national
jurisdiction of another Party, the competent authorities of the two Parties
shall endeavour to cooperate, with a view to reaching agreement on the
measures to be taken and shall, inter alia, examine the possibility of the
other Party establishing a corresponding specially protected area or
adopting any other appropriate measures.
3. If a Party intends to establish, in an area subject to its sovereignty
or national jurisdiction, a specially protected area contiguous to the
frontier and to the limits of a zone subject to the sovereignty or national
jurisdiction of a State that is not a Party to this Protocol, the Party
shall endeavour to cooperate with that State as referred to in the previous
paragraph.
4. If a State which is not party to this Protocol intends to establish a
specially protected area contiguous to the frontier and to the limits of a
zone subject to the sovereignty or national jurisdiction of a Party to this
Protocol, the latter shall endeavour to cooperate with that State as
referred to in paragraph 2.
Article 6
PROTECTION MEASURES
The Parties, in conformity with international law and taking into account
the characteristics of each specially protected area, shall take the
protection measures required, in particular:
(a) the strengthening of the application of the other Protocols to the
Convention and of other relevant treaties to which they are Parties;
(b) the prohibition of the dumping or discharge of wastes and other
substances likely directly or indirectly to impair the integrity of the
specially protected area;
(c) the regulation of the passage of ships and any stopping or
anchoring;
(d) the regulation of the introduction of any species not indigenous to
the specially protected area in question, or of genetically modified
species, as well as the introduction or reintroduction of species which
are or have been present in the specially protected area;
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(e) the regulation or prohibition of any activity involving the
exploration or modification of the soil or the exploitation of the
subsoil of the land part, the seabed or its subsoil;
(f) the regulation of any scientific research activity;
(g) the regulation or prohibition of fishing, hunting, taking of animals
and harvesting of plants or their destruction, as well as trade in
animals, parts of animals, plants, parts of plants, which originate in
specially protected areas;
(h) the regulation and if necessary the prohibition of any other
activity or act likely to harm or disturb the species or that might
endanger the state of conservation of the ecosystems or species or might
impair the natural or cultural characteristics of the specially
protected area;
(i) any other measure aimed at safeguarding ecological and biological
processes and the landscape.
Article 7
PLANNING AND MANAGEMENT
1. The Parties shall, in accordance with the rules of international law,
adopt planning, management, supervision and monitoring measures for the
specially protected areas.
2. Such measures should include for each specially protected area:
(a) the development and adoption of a management plan that specifies the
legal and institutional framework and the management and protection
measures applicable;
(b) the continuous monitoring of ecological processes, habitats,
population dynamics, landscapes, as well as the impact of human
activities;
(c) the active involvement of local communities and populations, as
appropriate, in the management of specially protected areas, including
assistance to local inhabitants who might be affected by the
establishment of such areas;
(d) the adoption of mechanisms for financing the promotion and
management of specially protected areas, as well as the development of
activities which ensure that management is compatible with the
objectives of such areas;
(e) the regulation of activities compatible with the objectives for
which the specially protected area was established and the terms of the
related permits;
(f) the training of managers and qualified technical personnel, as well
as the development of an appropriate infrastructure.
3. The Parties shall ensure that national contingency plans incorporate
measures for responding to incidents that could cause damage or constitute
a threat to the specially protected areas.
4. When specially protected areas covering both land and marine areas have
been established, the Parties shall endeavour to ensure the coordination of
the administration and management of the specially protected area as a
whole.
SECTION TWO - SPECIALLY PROTECTED AREAS OF MEDITERRANEAN IMPORTANCE
Article 8
ESTABLISHMENT OF THE LIST OF SPECIALLY PROTECTED AREAS
OF MEDITERRANEAN IMPORTANCE
1. In order to promote cooperation in the management and conservation of
natural areas, as well as in the protection of threatened species and their
habitats, the Parties shall draw up a "List of Specially Protected Areas of
Mediterranean Importance", hereinafter referred to as the "SPAMI List".
2. The SPAMI List may include sites which:
- are of importance for conserving the components of biological
diversity in the
Mediterranean;
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- contain ecosystems specific to the Mediterranean area or the habitats
of endangered
species;
- are of special interest at the scientific, aesthetic, cultural or
educational levels.
3. The Parties agree:
(a) to recognize the particular importance of these areas for the
Mediterranean;
(b) to comply with the measures applicable to the SPAMIs and not to
authorize nor undertake any activities that might be contrary to the
objectives for which the SPAMIs were established.
Article 9
PROCEDURE FOR THE ESTABLISHMENT AND LISTING OF SPAMIs
1. SPAMIs may be established, following the procedure provided for in
paragraph 2 to 4 of this Article, in: (a) the marine and coastal zones
subject to the sovereignty or jurisdiction of the Parties; (b) zones partly
or wholly on the high seas.
2. Proposals for inclusion in the List may be submitted:
(a) by the Party concerned, if the area is situated in a zone already
delimited, over which it exercises sovereignty or jurisdiction;
(b) by two or more neighbouring Parties concerned if the area is
situated, partly or wholly, on the high sea;
(c) by the neighbouring Parties concerned in areas where the limits of
national sovereignty or jurisdiction have not yet been defined.
3. Parties making proposals for inclusion in the SPAMI List shall provide
the Centre with an introductory report containing information on the area's
geographical location, its physical and ecological characteristics, its
legal status, its management plans and the means for their implementation,
as well as a statement justifying its Mediterranean importance;
(a) where a proposal is formulated under subparagraphs 2 (b) and 2 (c)
of this Article, the neighbouring Parties concerned shall consult each
other with a view to ensuring the consistency of the proposed protection
and management measures, as well as the means for their implementation;
(b) proposals made under paragraph 2 of this Article shall indicate the
protection and management measures applicable to the area as well as the
means of their implementation.
4. The procedure for inclusion of the proposed area in the List is the
following:
(a) for each area, the proposal shall be submitted to the National Focal
Points, which shall examine its conformity with the common guidelines
and criteria adopted pursuant to Article 16;
(b) if a proposal made in accordance with subparagraph 2 (a) of this
Article is consistent with the guidelines and common criteria, after
assessment, the Organization shall inform the meeting of the Parties,
which shall decide to include the area in the SPAMI List;
(c) if a proposal made in accordance with subparagraphs 2 (b) and 2 (c)
of this Article is consistent with the guidelines and common criteria,
the Centre shall transmit it to the Organization, which shall inform the
meeting of the Parties. The decision to include the area in the SPAMI
list shall be taken by consensus by the Contracting Parties, which shall
also approve the management measures applicable to the area.
5. The Parties which proposed the inclusion of the area in the List shall
implement the protection and conservation measures specified in their
proposals in accordance with paragraph 3 of this Article. The Contracting
Parties undertake to observe the rules thus laid down. The Centre shall
inform the competent international organizations of the List and of the
measures taken in the SPAMIs.
6. The Parties may revise the SPAMI List. To this end, the Centre shall
prepare a report.
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Article 10
CHANGES IN THE STATUS OF SPAMIs
Changes in the delimitation or legal status of a SPAMI or the
suppression of all or part of such an area shall not be decided upon unless
there are important reasons for doing so, taking into account the need to
safeguard the environment and comply with the obligations laid down in this
Protocol and a procedure similar to that followed for the creation of the
SPAMI and its inclusion in the List shall be observed.
PART III
PROTECTION AND CONSERVATION OF SPECIES
Article 11
NATIONAL MEASURES FOR THE PROTECTION AND CONSERVATION OF SPECIES
1. The Parties shall manage species of flora and fauna with the aim of
maintaining them in a favourable state of conservation.
2. The Parties shall, in the zones subject to their sovereignty or national
jurisdiction, identify and compile lists of the endangered or threatened
species of flora and fauna and accord protected status to such species. The
Parties shall regulate and, where appropriate, prohibit activities having
adverse effects on such species or their habitats, and carry out
management, planning and other measures to ensure a favourable state of
conservation of such species.
3. With respect to protected species of fauna, the Parties shall control
and, where appropriate, prohibit:
(a) the taking, possession or killing (including, to the extent
possible, the incidental taking, possession or killing), the commercial
trade, the transport and the exhibition for commercial purposes of these
species, their eggs, parts or products;
(b) to the extent possible, the disturbance of wild fauna, particularly
during the period of breeding, incubation, hibernation or migration, as
well as other periods of biological stress.
4. In addition to the measures specified in the previous paragraph, the
Parties shall coordinate their efforts, through bilateral or multilateral
action, including if necessary, agreements for the protection and recovery
of migratory species whose range extends into the area to which this
Protocol applies.
5. With respect to protected species of flora and their parts and products,
the Parties shall regulate, and where appropriate, prohibit all forms of
destruction and disturbance, including the picking, collecting, cutting,
uprooting, possession of, commercial trade in, or transport and exhibition
for commercial purposes of such species.
6. The Parties shall formulate and adopt measures and plans with regard to
ex situ reproduction, in particular captive breeding, of protected fauna
and propagation of protected flora.
7. The Parties shall endeavour, directly or through the Centre, to consult
with range States that are not Parties to this Protocol, with a view to
coordinating their efforts to manage and protect endangered or threatened
species.
8. The Parties shall make provision, where possible, for the return of
protected species exported or held illegally. Efforts should be made by
Parties to reintroduce such specimens to their natural habitat.
Article 12
COOPERATIVE MEASURES FOR THE PROTECTION AND CONSERVATION OF SPECIES
1. The Parties shall adopt cooperative measures to ensure the protection
and conservation of the flora and fauna listed in the Annexes to this
Protocol relating to the List of Endangered or Threatened Species and the
List of Species whose Exploitation is Regulated.
2. The Parties shall ensure the maximum possible protection and recovery of
the species of fauna and flora listed in the Annex relating to the List of
18
Endangered or Threatened Species by adopting at the national level the
measures provided for in paragraphs 3 and 5 of Article 11 of this Protocol.
3. The Parties shall prohibit the destruction of and damage to the habitat
of species listed in the Annex relating to the List of Endangered or
Threatened Species and shall formulate and implement action plans for their
conservation or recovery. They shall continue to cooperate in implementing
the relevant action plans already adopted.
4. The Parties, in cooperation with competent international organizations,
shall take all appropriate measures to ensure the conservation of the
species listed in the Annex relating to the List of Species whose
Exploitation is Regulated while at the same time authorizing and regulating
the exploitation of these species so as to ensure and maintain their
favourable state of conservation.
5. When the range area of a threatened or endangered species extends to
both sides of a national frontier or of the limit that separates the
territories or the areas subject to the sovereignty or the national
jurisdiction of two Parties to this Protocol, these Parties shall cooperate
with a view to ensuring the protection and conservation and, if necessary,
the recovery of such species.
6. Provided that no other satisfactory solutions are available and that the
exemption does not harm the survival of the population or of any other
species, the Parties may grant exemptions to the prohibitions prescribed
for the protection of the species listed in the Annexes to this Protocol
for scientific, educational or management purposes necessary to ensure the
survival of the species or to prevent significant damage. Such exemptions
shall be notified to the Contracting Parties.
Article 13
INTRODUCTION OF NON-INDIGENOUS OR GENETICALLY MODIFIED SPECIES
1. The Parties shall take all appropriate measures to regulate the
intentional or accidental introduction of non-indigenous or genetically
modified species to the wild and prohibit those that may have harmful
impacts on the ecosystems, habitats or species in the area to which this
Protocol applies.
2. The Parties shall endeavour to implement all possible measures to
eradicate species that have already been introduced when, after scientific
assessment, it appears that such species cause or are likely to cause
damage to ecosystems, habitats or species in the area to which this
Protocol applies.
PART IV
PROVISIONS COMMON TO PROTECTED AREAS AND SPECIES
Article 14
AMENDMENTS TO ANNEXES
1. The procedures for amendments to Annexes to this Protocol shall be those
set forth in Article 23 of the Convention.
2. All proposed amendments submitted to the meeting of Contracting Parties
shall have been the subject of prior evaluation by the meeting of National
Focal Points.
Article 15
INVENTORIES
Each Party shall compile comprehensive inventories of:
(a) areas over which they exercise sovereignty or jurisdiction that
contain rare or fragile ecosystems, that are reservoirs of biological
diversity, that are important for threatened or endangered species;
(b) species of fauna or flora that are endangered or threatened.
19
Article 16
GUIDELINES AND COMMON CRITERIA
The Parties shall adopt:
(a) common criteria for the choice of protected marine and coastal areas
that could be included in the SPAMI List which shall be annexed to the
Protocol;
(b) common criteria for the inclusion of additional species in the
Annexes;
(c) guidelines for the establishment and management of specially
protected areas.
The criteria and guidelines referred to in paragraphs (b) and (c) may be
amended by the meeting of the Parties on the basis of a proposal made by
one or more Parties.
Article 17
ENVIRONMENTAL IMPACT ASSESSMENT
In the planning process leading to decisions on industrial and
other projects and activities that could significantly affect protected
areas and species and their habitats, the Parties shall evaluate and take
into consideration the possible direct or indirect, immediate or long-term,
impact, including the cumulative impact of the projects and activities
being contemplated.
Article 18
INTEGRATION OF TRADITIONAL ACTIVITIES
1. In formulating protective measures, the Parties shall take into account
the traditional
subsistence and cultural activities of their local populations. They shall
grant exemptions, as necessary, to meet such needs. No exemption which is
allowed for this reason shall:
(a) endanger either the maintenance of ecosystems protected under this
Protocol or the biological processes contributing to the maintenance of
those ecosystems;
(b) cause either the extinction of, or a substantial reduction in, the
number of individuals making up the populations or species of flora and
fauna, in particular endangered, threatened, migratory or endemic
species.
2. Parties which grant exemptions from the protection measures shall inform
the Contracting Parties accordingly.
Article 19
PUBLICITY, INFORMATION, PUBLIC AWARENESS AND EDUCATION
1. The Parties shall give appropriate publicity to the establishment of
specially protected areas, their boundaries, applicable regulations, and to
the designation of protected species, their habitats and applicable
regulations.
2. The Parties shall endeavour to inform the public of the interest and
value of specially protected areas and species, and of the scientific
knowledge which may be gained from the point of view of nature conservation
and other points of view. Such information should have an appropriate place
in education programmes. The Parties shall also endeavour to promote the
participation of their public and their conservation organizations in
measures that are necessary for the protection of the areas and species
concerned, including environmental impact assessments.
20
Article 20
SCIENTIFIC, TECHNICAL AND MANAGEMENT RESEARCH
1. The Parties shall encourage and develop scientific and technical
research relating to the aims of this Protocol. They shall also encourage
and develop research into the sustainable use of specially protected areas
and the management of protected species.
2. The Parties shall consult, when necessary, among themselves and with
competent international organizations with a view to identifying, planning
and undertaking scientific and technical research and monitoring programmes
necessary for the identification and monitoring of protected areas and
species and assessing the effectiveness of measures taken to implement
management and recovery plans.
3. The Parties shall exchange, directly or through the Centre, scientific
and technical information concerning current and planned research and
monitoring programmes and the results thereof. They shall, to the fullest
extent possible, coordinate their research and monitoring programmes, and
endeavour jointly to define or standardize their procedures.
4. In technical and scientific research, the Parties shall give priority to
SPAMIs and species appearing in the Annexes to this Protocol.
Article 21
MUTUAL COOPERATION
1. The Parties shall, directly or with the assistance of the Centre or
international organizations concerned, establish cooperation programmes to
coordinate the establishment, conservation, planning and management of
specially protected areas, as well as the selection, management and
conservation of protected species. There shall be regular exchanges of
information concerning the characteristics of protected areas and species,
the experience acquired and the problems encountered.
2. The Parties shall, at the earliest opportunity, communicate any
situation that might endanger the ecosystems of specially protected areas
or the survival of protected species of flora and fauna to the other
Parties, to the States that might be affected and to the Centre.
Article 22
MUTUAL ASSISTANCE
1. The Parties shall cooperate, directly or with the assistance of the
Centre or the international organizations concerned, in formulating,
financing and implementing programmes of mutual assistance and assistance
to developing countries that express a need for it with a view to
implementing this Protocol.
2. These programmes shall include public environmental education, the
training of scientific, technical and management personnel, scientific
research, the acquisition, utilization, design and development of
appropriate equipment, and transfer of technology on advantageous terms to
be agreed among the Parties concerned.
3. The Parties shall, in matters of mutual assistance, give priority to the
SPAMIs and species appearing in the Annexes to this Protocol.
Article 23
REPORTS OF THE PARTIES
The Parties shall submit to ordinary meetings of
report on the implementation of this Protocol, in particular
(a) the status and the state of the areas included in the
(b) any changes in the delimitation or legal status of
protected species;
(c) possible exemptions allowed pursuant to Articles 12
Protocol.
21
the Parties a
on:
SPAMI List;
the SPAMIs and
and 18 of this
PART V
INSTITUTIONAL PROVISIONS
Article 24
NATIONAL FOCAL POINTS
Each Party shall designate a National Focal Point to serve as
liaison with the Centre on the technical and scientific aspects of the
implementation of this Protocol. The National Focal Points shall meet
periodically to carry out the functions deriving from this Protocol.
Article 25
COORDINATION
1.
The
Organization
shall
be
responsible
for
coordinating
the
implementation of this Protocol. For this purpose, it shall receive the
support of the Centre, to which it may entrust the following functions:
(a)
assisting
the
Parties,
in
cooperation
with
the
competent
international, intergovernmental and non-governmental organizations, in:
- establishing and managing specially protected areas in the area to
which this
Protocol applies;
- conducting programmes of technical and scientific research as
provided for in Article 20 of this Protocol;
- conducting the exchange of scientific and technical information
among the Parties as provided for in Article 20 of this Protocol;
- preparing management plans for specially protected areas and
species;
- developing cooperative programmes pursuant to Article 21 of this
Protocol;
- preparing educational materials designed for various groups;
(b) convening and organizing the meetings of the National Focal Points
and providing them with secretariat services;
(c) formulating recommendations on guidelines and common criteria
pursuant to Article 16 of this Protocol;
(d) creating and updating databases of specially protected areas,
protected species and other matters relevant to this Protocol;
(e) preparing reports and technical studies that may be required for the
implementation of this Protocol;
(f) elaborating and implementing the training programmes mentioned in
Article 22, paragraph 2;
(g) cooperating with regional and international governmental and nongovernmental organizations concerned with the protection of areas and
species, provided that the specificity of each organization and the need
to avoid the duplication of activities are respected;
(h) carrying out the functions assigned to it in the action plans
adopted in the framework of this Protocol;
(i) carrying out any other function assigned to it by the Parties.
Article 26
MEETINGS OF THE PARTIES
1. The ordinary meetings of the Parties to this Protocol shall be held in
conjunction with the ordinary meetings of the Contracting Parties to the
Convention held pursuant to Article 18 of the Convention. The Parties may
also hold extraordinary meetings in conformity with that Article.
2. The meetings of the Parties to this Protocol are particularly aimed at:
(a) keeping under review the implementation of this Protocol;
(b) overseeing the work of the Organization and of the Centre relating
to the implementation of this Protocol and providing policy guidance for
their activities;
(c) considering the efficacy of the measures adopted for the management
and protection of areas and species, and examining the need for other
measures, in particular in the form of Annexes and amendments to this
Protocol or to its Annexes;
22
(d) adopting the guidelines and common criteria provided for in Article
16 of this Protocol;
(e) considering reports transmitted by the Parties under Article 23 of
this Protocol, as well as any other pertinent information which the
Parties transmit through the Centre;
(f) making recommendations to the Parties on the measures to be adopted
for the implementation of this Protocol;
(g) examining the recommendations of the meetings of the National Focal
Points pursuant to Article 24 of this Protocol;
(h) deciding on the inclusion of an area in the SPAMI List in conformity
with Article 9, paragraph 4, of this Protocol;
(i) examining any other matter relevant to this Protocol, as
appropriate;
(j) discussing and evaluating the exemptions allowed by the Parties in
conformity with Articles 12 and 18 of this Protocol.
PART VI
FINAL PROVISIONS
Article 27
EFFECT OF THE PROTOCOL ON DOMESTIC LEGISLATION
The provisions of this Protocol shall not affect the right of
Parties to adopt relevant stricter domestic measures for the implementation
of this Protocol.
Article 28
RELATIONSHIP WITH THIRD PARTIES
1. The Parties shall invite States that are not Parties to the Protocol and
international organizations to cooperate in the implementation of this
Protocol.
2. The Parties undertake to adopt appropriate measures, consistent with
international law, to ensure that no one engages in any activity contrary
to the principles or purposes of this Protocol.
Article 29
SIGNATURE
This Protocol shall be open for signature in Barcelona on 10 June
1995 and in Madrid from 11 June 1995 to 10 June 1996 by any Contracting
Party to the Convention.
Article 30
RATIFICATION, ACCEPTANCE OR APPROVAL
This Protocol shall be subject to ratification, acceptance or
approval. Instruments of ratification, acceptance or approval shall be
deposited with the Government of Spain, which will assume the functions of
Depositary.
Article 31
ACCESSION
As from 10 June 1996, this Protocol shall be open for accession by
any State and regional economic grouping which is Party to the Convention.
Article 32
ENTRY INTO FORCE
1. This Protocol shall enter into force on the thirtieth day following the
deposit of the sixth instrument of ratification, acceptance or approval of,
or accession to, the Protocol.
23
2. From the date of its entry into force, this Protocol shall replace the
Protocol Concerning Mediterranean Specially Protected Areas of 1982, in the
relationship among the Parties to both instruments.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have
signed this Protocol.
DONE at Barcelona, on 10 June 1995, in a single copy in the Arabic,
English, French and Spanish languages, the four texts being equally
authoritative, for signature by any Party to the Convention.
ANNEX I
COMMON CRITERIA FOR THE CHOICE OF PROTECTED MARINE AND COASTAL AREAS THAT
COULD BE INCLUDED IN THE SPAMI LIST
A. GENERAL PRINCIPLES
The Contracting Parties agree that the following general principles will
guide their work in establishing the SPAMI List:
a) The conservation of the natural heritage is the basic aim that must
characterize a SPAMI. The pursuit of other aims such as the conservation
of the cultural heritage, and the promotion of scientific research,
education, participation, collaboration, is highly desirable in SPAMIs
and constitutes a factor in favour of a site being included on the List,
to the extent in which it remains compatible with the aims of
conservation.
b) No limit is imposed on the total number of areas included in the List
or on the number of areas any individual Party can propose for
inscription. Nevertheless, the Parties agree that sites will be selected
on a scientific basis and included in the List according to their
qualities; they will have therefore to fulfil the requirements set out
by the Protocol and the present criteria.
c) The listed SPAMI and their geographical distribution will have to be
representative of the Mediterranean region and its biodiversity. To this
end the List will have to represent the highest number possible of types
of habitats and ecosystems.
d) The SPAMIs will have to constitute the core of a network aiming at
the effective conservation of the Mediterranean heritage. To attain this
objective, the Parties will develop their cooperation on bilateral and
multilateral bases in the field of conservation and management of
natural sites and notably through the establishment of transboundary
SPAMIs.
e) The sites included in the SPAMI List are intended to have a value of
example and model for the protection of the natural heritage of the
region. To this end, the Parties ensure that sites included in the List
are provided with adequate legal status, protection measures and
management methods and means.
B. GENERAL FEATURES OF THE AREAS THAT COULD BE INCLUDED IN THE SPAMI LIST
1. To be eligible for inclusion in the SPAMI List, an area must fulfil at
least one of the general criteria set in Article 8 paragraph 2 of the
Protocol. Several of these general criteria can in certain cases be
fulfilled by the same area, and such a circumstance cannot but strengthen
the case for the inclusion of the area in the List.
2. The regional value is a basic requirement of an area for being included
in the SPAMI List. The following criteria should be used in evaluating the
Mediterranean interest of an area:
a) Uniqueness
The area contains unique or rare ecosystems, or rare or endemic species.
b) Natural representativeness
The area has highly representative ecological processes, or community or
habitat types or other natural characteristics. Representativeness is
the degree to which an area represents a habitat type, ecological
24
process, biological community, physiographic feature or other natural
characteristic.
c) Diversity
The area has a high diversity of species, communities, habitats or
ecosystems.
d) Naturalness
The area has a high degree of naturalness as a result of the lack or low
level of human-induced disturbance and degradation.
e) Presence of habitats that are critical to endangered, threatened or
endemic species.
f) Cultural representativeness
The area has a high representative value with respect to the cultural
heritage, due to the existence of environmentally sound traditional
activities integrated with nature which support the well-being of local
populations.
3. To be included in the SPAMI List, an area having scientific, educational
or aesthetic interest must, respectively, present a particular value for
research in the field of natural sciences or for activities of
environmental education or awareness or contain outstanding natural
features, landscapes or seascapes.
4. Besides the fundamental criteria specified in article 8, paragraph 2, of
the Protocol, a certain number of other characteristics and factors should
be considered as favourable for the inclusion of the site in the List.
These include:
a) the existence of threats likely to impair the ecological, biological,
aesthetic or cultural value of the area;
b) the involvement and active participation of the public in general,
and particularly of local communities, in the process of planning and
management of the area;
c) the existence of a body representing the public, professional, nongovernmental sectors and the scientific community involved in the area;
d) the existence in the area of opportunities for sustainable
development;
e) the existence of an integrated coastal management plan within the
meaning of Article 4 paragraph 3 (e) of the Convention.
C. LEGAL STATUS
1. All areas eligible for inclusion in the SPAMI List must be awarded a
legal status guaranteeing their effective long-term protection.
2. To be included in the SPAMI List, an area situated in a zone already
delimited over which a Party exercises sovereignty or jurisdiction must
have a protected status recognized by the Party concerned.
3. In the case of areas situated, partly or wholly, on the high sea or in a
zone where the limits of national sovereignty or jurisdiction have not yet
been defined, the legal status, the management plan, the applicable
measures and the other elements provided for in Article 9, paragraph 3, of
the Protocol will be provided by the neighbouring Parties concerned in the
proposal for inclusion in the SPAMI List.
D. PROTECTION, PLANNING AND MANAGEMENT MEASURES
1. Conservation and management objectives must be clearly defined in the
texts relating to each site, and will constitute the basis for assessment
of the adequacy of the adopted measures and the effectiveness of their
implementation at the revisions of the SPAMI List.
2. Protection, planning and management measures applicable to each area
must be adequate for the achievement of the conservation and management
objectives set for the site in the short and long term, and take in
particular into account the threats upon it.
3. Protection, planning and management measures must be based on an
adequate knowledge of the elements of the natural environment and of socioeconomic and cultural factors that characterize each area. In case of
shortcomings in basic knowledge, an area proposed for inclusion in the
SPAMI List must have a programme for the collection of the unavailable data
and information.
4. The competence and responsibility with regard to administration and
25
implementation of conservation measures for areas proposed for inclusion in
the SPAMI List must be clearly defined in the texts governing each area.
5. In the respect of the specificity characterizing each protected site,
the protection measures for a SPAMI must take account of the following
basic aspects:
a) the strengthening of the regulation of the release or dumping of
wastes and other substances likely directly or indirectly to impair the
integrity of the area;
b) the strengthening of the regulation of the introduction or
reintroduction of any species into the area;
c) the regulation of any activity or act likely to harm or disturb the
species, or that might endanger the conservation status of the
ecosystems or species or might impair the natural, cultural or aesthetic
characteristics of the area.
d) the regulation applicable to the zones surrounding the area in
question.
6. To be included in the SPAMI List, a protected area must have a
management body,endowed with sufficient powers as well as means and human
resources to prevent and/or control activities likely to be contrary to the
aims of the protected area.
7. To be included in the SPAMI List an area will have to be endowed with a
management plan. The main rules of this management plan are to be laid down
as from the time of inclusion and implemented immediately. A detailed
management plan must be presented within three years of the time of
inclusion. Failure to respect this obligation entails the removal of the
site from the List.
8. To be included in the SPAMI List, an area will have to be endowed with a
monitoring programme. This programme should include the identification and
monitoring of a certain number of significant parameters for the area in
question, in order to allow the assessment of the state and evolution of
the area, as well as the effectiveness of protection and management
measures implemented, so that they may be adapted if need be. To this end
further necessary studies are to be commissioned.
ANNEX II
LIST OF ENDANGERED OR THREATENED SPECIES
Magnoliophyta
Posidonia oceanica
Zostera marina
Zostera noltii
Chlorophyta
Caulerpa ollivieri
Phaeophyta
Cystoseira amentacea (including
var. stricta and var. spicata)
Cystoseira mediterranea
Cystoseira sedoides
Cystoseira spinosa (including C.
adriatica)
Cystoseira zosteroides
Laminaria rodriguezii
Rhodophyta
Goniolithon byssoides
Lithophyllum lichenoides
Ptilophora mediterranea
Schimmelmannia schousboei
Porifera
Asbestopluma hypogea
Aplysina sp. plur.
Axinella cannabina
Axinella polypoides
Geodia cydonium
Ircinia foetida
Ircinia pipetta
Petrobiona massiliana
Tethya sp. plur.
Cnidaria
Astroides calycularis
Errina aspera
Gerardia savaglia.
Echinodermata
Asterina pancerii
Centrostephanus longispinus
Ophidiaster ophidianus
Bryozoa
Hornera lichenoides
Mollusca
Ranella olearia (= Argobuccinum
olearium = A. giganteum)
Charonia lampas (= Ch. rubicunda =
Ch. nodifera)
Charonia tritonis (= Ch.
seguenziae)
Dendropoma petraeum
Erosaria spurca
Gibbula nivosa
Lithophaga lithophaga
Luria lurida (= Cypraea lurida)
26
Mitra zonata
Patella ferruginea
Patella nigra
Pholas dactylus
Pinna nobilis
Pinna rudis (= P. pernula)
Schilderia achatidea
Tonna galea
Zonaria pyrum
Crustacea
Ocypode cursor
Pachylasma giganteum
Pisces
Acipenser naccarii
Acipenser sturio
Aphanius fasciatus
Aphanius iberus
Cetorhinus maximus
Carcharodon carcharias
Hippocampus ramulosus
Hippocampus hippocampus
Huso huso
Lethenteron zanandreai
Mobula mobular
Pomatoschistus canestrinii
Pomatoschistus tortonesei
Valencia hispanica
Valencia letourneuxi.
Reptiles
Caretta caretta
Chelonia mydas
Dermochelys coriacea
Eretmochelys imbricata
Lepidochelys kempii
Trionyx triunguis
Aves
Pandion haliaetus
Calonectris diomedea
Falco eleonorae
Hydrobates pelagicus
Larus audouinii
Numenius tenuirostris
Phalacrocorax aristotelis
Phalacrocorax pygmaeus
Pelecanus onocrotalus
Pelecanus crispus
Phoenicopterus ruber
Puffinus yelkouan
Sterna albifrons
Sterna bengalensis
Sterna sandvicensis
Mammalia
Balaenoptera acutorostrata
Balaenoptera borealis
Balaenoptera physalus
Delphinus delphis
Eubalaena glacialis
Globicephala melas
Grampus griseus
Kogia simus
Megaptera novaeangliae
Mesoplodon densirostris
Monachus monachus
Orcinus orca
Phocoena phocoena
Physeter macrocephalus
Pseudorca crassidens
Stenella coeruleoalba
Steno bredanensis
Tursiops truncatus
Ziphius cavirostris.
27
ANNEX D – REGIONAL SEAS PROTOCOL FOR MPAS IN THE WIDER
CARIBBEAN
PROTOCOL CONCERNING SPECIALLY PROTECTED AREAS AND WILDLIFE
TO THE CONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE
MARINE ENVIRONMENT OF THE WIDER CARIBBEAN REGION
Adopted at Kingston on 18 January 1990; Entered into force 18 June 2000.
The Final Act of the Conference of Plenipotentiaries Concerning Specially Protected
Areas and Wildlife in the Wider Caribbean Region
The Contracting Parties to this Protocol,
Being Parties to the Convention for the Protection and Development of the Marine
Environment of the Wider Caribbean Region, done at Cartagena de Indias, Colombia on
24 March 1983,
Taking into account Article 10 of the Convention which requires the establishment of
specially protected areas,
Having regard to the special hydrographic, biotic and ecological characteristics of the
Wider Caribbean Region,
Conscious of the grave threat posed by ill-conceived development options to the
integrity of the marine and coastal environment of the Wider Caribbean Region,
Recognizing that protection and maintenance of the environment of the Wider Caribbean
Region are essential to sustainable development within the region,
Conscious of the overwhelming ecological, economic, aesthetic, scientific, cultural,
nutritional and recreational value of rare or fragile ecosystems and native flora and fauna
to the Wider Caribbean Region,
Recognizing that the Wider Caribbean Region constitutes an interconnected group of
ecosystems in which an environmental threat in one part represents a potential threat in
other parts,
Stressing the importance of establishing regional co-operation to protect and, as
appropriate, to restore and improve the state of ecosystems, as well as threatened and
endangered species and their habitats in the Wider Caribbean Region by, among other
means, the establishment of protected areas in the marine areas and their associated
ecosystems,
Recognizing that the establishment and management of such protected areas, and the
protection of threatened and endangered species will enhance the cultural heritage and
values of the countries and territories in the Wider Caribbean Region, and bring
increased economic and ecological benefits to them,
Have agreed as follows:
Article 1 Definitions
For the purpose of this Protocol:
a) "Convention" means the Convention for the Protection and Development of the Marine
Environment of the Wider Caribbean Region (Cartagena de Indias, Colombia, March 1983);
b) "Action Plan" means the Action Plan for the Caribbean Environment Programme
(Montego Bay, April 1981);
c) "Wider Caribbean Region" has the meaning given to the term "the Convention area" in
Article 2 (1) of the Convention, and in addition, includes for the purposes of this Protocol:
i) waters on the landward side of the baseline from which the breadth of the territorial sea is
measured and extending, in the case of water courses, up to the fresh water limit; and
ii) such related terrestrial areas (including watersheds) as may be designated by the Party
having sovereignty and jurisdiction over such areas:
d) "Organization" means the body referred to in Article 2 (2) of the Convention;
e) "Protected area" means the areas accorded protection pursuant to article 4 of this Protocol;
f) "Endangered species" are species or sub-species of fauna and flora, or their populations,
that are in danger of extinction throughout all or part of their range and whose survival is
unlikely if the factors jeopardizing them continue to operate;
g) "Threatened species" are species or sub-species of fauna and flora , or their populations:
i) that are likely to become endangered within the foreseeable future throughout all or part of
their range if the factors causing numerical decline or habitat degradation continue to operate;
or
ii) that are rare because they are usually localized within restricted geographical areas or
habitats or are thinly scattered over a more extensive range and which are potentially or
actually subject to decline and possible endangerment or extinction.
h) "Protected species" are species or sub-species of fauna and flora, or their populations,
accorded protection pursuant to Article 10 of this Protocol;
i) "Endemic species" are species or sub-species of fauna and flora, or their populations,
whose distribution is restricted to a limited geographical area;
j) "Annex I" means the annex to the Protocol containing the agreed list of species of marine
and coastal flora that fall within the categories defined in Article 1 and that require the
protection measures indicated in Article 11(1)(a). The annex may include terrestrial species
as provided for in Article 1(c)(ii);
k) "Annex II" means the annex to the Protocol containing the agreed list of species of marine
and coastal fauna that fall within the category defined in Article 1 and that require the
protection measures indicated in Article 11(1)(b). The annex may include terrestrial species
as provided for in Article 1(c)(ii); and
l) "Annex III" means the annex to the Protocol containing the agreed list of species of marine
and coastal flora and fauna that may be utilized on a rational and sustainable basis and that
require the protection measures indicated in Article 11(1)(c). The Annex may include
terrestrial species as provided for in Article 1(c)(ii).
Article 2 General Provisions
1. This Protocol shall apply to the Wider Caribbean Region as defined in Article 1(c).
2. The provisions of the Convention relating to its Protocols shall apply to this
Protocol,including in particular, paragraphs 2 and 3 of Article 3 of the Convention.
3. The present Protocol shall not apply to warships or other ships owned or operated by a
State while engaged in government non-commercial service. Nevertheless, each Party shall
ensure through the adoption of appropriate measures that do not hinder the operation or
operational capacities of vessels they own or operate, that they adhere to the terms of the
present Protocol in so far as is reasonable and feasible.
Article 3 General Obligations
1. Each Party to this Protocol shall, in accordance with its laws and regulations and the terms
of the Protocol, take the necessary measures to protect, preserve and manage in a sustainable
way, within areas of the Wider Caribbean Region in which it exercises sovereignty, or
sovereign rights or jurisdiction:
a) areas that require protection to safeguard their special value; and
b) threatened or endangered species of flora and fauna.
Each Party shall regulate and, where necessary, prohibit activities having adverse
effects on these areas and species. Each Party shall endeavour to co-operate in the
enforcement of these measures, without prejudice to the sovereignty, or sovereign rights or
jurisdiction of other Parties. Any measures taken by such Party to enforce or to attempt to
enforce the measures agreed pursuant to this Protocol shall be limited to those within the
competence of such Party and shall be in accordance with international law.
Each Party, to the extent possible, consistent with each Party's legal system, shall
manage species of fauna and flora with the objective of preventing species from becoming
endangered or threatened.
Article 4 Establishment of Protected Areas
1. Each Party shall, when necessary, establish protected areas in areas over which it exercises
sovereignty, or sovereign rights or jurisdiction, with a view to sustaining the natural
resources of the Wider Caribbean Region, and encouraging ecologically sound and
appropriate use, understanding and enjoyment of these areas, in accordance with the
objectives and characteristics of each of them.
2. Such areas shall be established in order to conserve, maintain and restore, in particular:
a) representative types of coastal and marine ecosystems of adequate size to ensure their
long-term viability and to maintain biological and genetic diversity;
b) habitats and their associated ecosystems critical to the survival and recovery of
endangered, threatened or endemic species of flora or fauna;
c) the productivity of ecosystems and natural resources that provide economic or social
benefits and upon which the welfare of local inhabitants is dependent; and
d) areas of special biological, ecological, educational, scientific, historic, cultural,
recreational, archaeological, aesthetic, or economic value, including in particular, areas
whose ecological and biological processes are essential to the functioning of the Wider
Caribbean ecosystems.
Article 5 PROTECTION MEASURES
1. Each Party taking into account the characteristics of each protected area over which it
exercises sovereignty, or sovereign rights or jurisdiction, shall, in conformity with its
national laws and regulations and with international law, progressively take such measures as
are necessary and practicable to achieve the objectives for which the protected area was
established.
2. Such measures should include, as appropriate:
a) the regulation or prohibition of the dumping or discharge of wastes and other substances
that may endanger protected areas;
b) the regulation or prohibition of coastal disposal or discharges causing pollution,
emanating from coastal establishments and developments, outfall structures or any other
sources within their territories;
c) the regulation of the passage of ships, of any stopping or anchoring, and of other ship
activities, that would have significant adverse environmental effects on the protected
area, without prejudice to the rights of innocent passage, transit passage, archipelagic sea
lanes passage and freedom of navigation, in accordance with international law;
d) the regulation or prohibition of fishing, hunting, taking or harvesting of endangered or
threatened species of fauna and flora and their parts or products;
e) the prohibition of activities that result in the destruction of endangered or threatened
species of fauna or flora and their parts and products, and the regulation of any other
activity likely to harm or disturb such species, their habitats or associated ecosystems;
f) the regulation or prohibition of the introduction of non-indigenous species;
g) the regulation or prohibition of any activity involving the exploration or exploitation of
the sea-bed or its subsoil or a modification of the sea-bed profile;
h) the regulation or prohibition of any activity involving a modification of the profile of the
soil that could affect watersheds, denudation and other forms of degradation of
watersheds, or the exploration or exploitation of the subsoil of the land part of a marine
protected area;
i) the regulation of any archaeological activity and of the removal or damage of any object
which may be considered as an archaeological object;
j) the regulation or prohibition of trade in, and import and export of threatened or
endangered species of fauna or their parts, products, or eggs, and of threatened or
endangered species of flora or their parts or products, and archaeological objects that
originate in protected areas;
k) the regulation or prohibition of industrial activities and of other activities which are not
compatible with the uses that have been envisaged for the area by national measures
and/or environmental impact assessments pursuant to Article 13;
l) the regulation of tourist and recreational activities that might endanger the ecosystems of
protected areas or the survival of threatened or endangered species of flora and fauna; and
m) any other measure aimed at conserving, protecting or restoring natural processes,
ecosystems or populations for which the protected areas were established.
Article 6 PLANNING AND MANAGEMENT REGIME FOR PROTECTED AREAS
1. In order to maximize the benefits from protected areas and to ensure the effective
implementation of the measures set out in Article 5, each Party shall adopt and implement
planning, management and enforcement measures for protected areas over which it exercises
sovereignty, or sovereign rights or jurisdiction. In this regard, each Party shall take into
account the guidelines and criteria formulated by the Scientific and Technical Advisory
Committee as provided for in Article 21 and which have been adopted by meetings of the
Parties.
2. Such measures should include:
a) the formulation and adoption of appropriate management guidelines for protected areas;
b) the development and adoption of a management plan that specifies the legal and
institutional framework and the management and protection measures applicable to an
area or areas;
c) the conduct of scientific research on, and monitoring of, user impacts, ecological
processes, habitats, species and populations; and the undertaking of activities aimed at
improved management;
d) the development of public awareness and education programmes for users, decisionmakers
and the public to enhance their appreciation and understanding of protected areas and the
objectives for which they were established;
e) the active involvement of local communities, as appropriate, in the planning and
management of protected areas, including assistance to, and training of local inhabitants
who may be affected by the establishment of protected areas;
f) the adoption of mechanisms for financing the development and effective management of
protected areas and facilitating programmes of mutual assistance;
g) contingency plans for responding to incidents that could cause or threaten to cause
damage to protected areas including their resources;
h) procedures to permit, regulate or otherwise authorize activities compatible with the
objectives for which the protected areas were established; and
i) the development of qualified managers, and technical personnel, as well as appropriate
infrastructure.
Article 7 Cooperation Programme for, and Listing of, Protected Areas
1. The Parties shall establish co-operation programmes within the framework of the
Convention and the Action Plan and in accordance with their sovereignty, or sovereign rights
or jurisdiction to further the objectives of the Protocol.
2. A co-operation programme will be established to support the listing of protected areas. It
will assist with the selection, establishment, planning, management and conservation of
protected areas, and shall create a network of protected areas. To this end, the Parties shall
establish a list of protected areas. The Parties shall:
a) recognize the particular importance of listed areas to the Wider Caribbean Region;
b) accord priority to listed areas for scientific and technical research pursuant to Article 17;
c) accord priority to listed areas for mutual assistance pursuant to Article 18; and
d) not authorize or undertake activities that would undermine the purposes for which a listed
area was created.
3. The procedures for the establishment of the list of protected areas are as follows:
a) The Party that exercises sovereignty, or sovereign rights or jurisdiction over a protected
area shall nominate it to be included in the list of protected areas. Such nominations will
be made in accordance with the guideline and criteria concerning the identification,
selection, establishment, management, protection and any other matter adopted by the
Parties pursuant to Article 21. Each Party making a nomination shall provide the
Scientific and Technical Advisory Committee through the Organization with the
necessary supporting documentation, including in particular, the information noted in
Article 19 (2); and
b) After the Scientific and Technical Advisory Committee evaluates the nomination and
supporting documentation, it will advise the Organization as to whether the nomination
fulfills the common guidelines and criteria established pursuant to Article 21. If these
guidelines and criteria have been met, the Organization will advise the Meeting of
Contracting Parties who will include the nomination in the List of Protected Areas.
Article 8 Establishment of Buffer Zones
Each Party to this Protocol may, as necessary, strengthen the protection of a protected area by
establishing, within areas in which it exercises sovereignty, or sovereign rights or
jurisdiction, one or more buffer zones in which activities are less restricted than in the
protected area while remaining compatible with achieving the purposes of the protected area.
Article 9 Protected Areas and Buffer Zones Contiguous to International Boundaries
1. If a Party intends to establish a protected area or a buffer zone contiguous to the frontier or
to the limits of the zone of national jurisdiction of another Party, the two Parties shall consult
each other with a view to reaching agreement on the measures to be taken and shall, inter
alia, examine the possibility of the establishment by the other Party of a corresponding
contiguous protected area or buffer zone or the adoption by it of any other appropriate
measures including co-operative management programmes.
2. If a Party intends to establish a protected area or a buffer zone contiguous to the frontier or
to the limits of the zone of national jurisdiction of a State that is not a Party to this Protocol,
the Party shall endeavour to work together with the competent authorities of that State with a
view to holding the consultations referred to in paragraph 1.
3. Whenever it becomes known to a Party that a non-Party intends to establish a protected
area or a buffer zone contiguous to the frontier or to the limits of the zone of national
jurisdiction of a Party to this Protocol the latter shall endeavour to work together with that
State with a view to holding the consultations referred to in paragraph 1.
4. If contiguous protected areas and/or buffer zones are established by one Party and by a
State that is not a Party to this Protocol, the former should attempt, where possible, to achieve
conformity with the provisions of the Convention and its Protocols.
Article 10 National Measures for the Protection of Wild Flora and Fauna
1. Each Party shall identify endangered or threatened species of flora and fauna within areas
over which it exercises sovereignty, or sovereign rights or jurisdiction, and accord protected
status to such species. Each Party shall regulate and prohibit according to its laws and
regulations, where appropriate, activities having adverse effects on such species or their
habitats and ecosystems, and carry out species recovery, management, planning and other
measures to effect the survival of such species. Each Party, in keeping with its legal system,
shall also take appropriate actions to prevent species from becoming endangered or
threatened.
2. With respect to protected species of flora and their parts and products, each Party, in
conformity with its laws and regulations, shall regulate, and where appropriate, prohibit all
forms of destruction and disturbance, including the picking, collecting, cutting, uprooting or
possession of, or commercial trade in, such species.
3. With respect to protected species of fauna, each Party, in conformity with its laws and
regulations, shall regulate, and where appropriate, prohibit:
a) the taking, possession or killing (including, to the extent possible, the incidental taking,
possession or killing) or commercial trade in such species or their parts or products; and
b) to the extent possible, the disturbance of wild fauna, particularly during the period of
breeding, incubation, estivation or migration, as well as other periods of biological stress.
Each Party shall formulate and adopt policies and plans for the management of captive
breeding of protected fauna and propagation of protected flora.
The Parties shall, in addition to the measures specified in paragraph 3, co-ordinate their
efforts, through bilateral or multilateral actions, including if necessary, any treaties for the
protection and recovery of migratory species whose range extends into areas under their
sovereignty, or sovereign rights or jurisdiction.
The Parties shall endeavour to consult with range States that are not Parties to this
Protocol, with a view to co-ordinating their efforts to manage and protect endangered or
threatened migratory species.
The Parties shall make provisions, where possible, for the repatriation of protected
species exported illegally. Efforts should be made by Parties to reintroduce such species to
the wild, or if unsuccessful, make provision for their use in scientific studies or for public
education purposes.
The measures which Parties take under this Article are subject to their obligations under
Article 11 and shall in no way derogate from such obligations.
Article 11 CO-OPERATIVE MEASURES FOR THE PROTECTION OF WILD FLORA
AND FAUNA
1. The Parties shall adopt co-operative measures to ensure the protection and recovery of
endangered and threatened species of flora and fauna listed in Annexes I, II and III of the
present Protocol.
a) The Parties shall adopt all appropriate measures to ensure the protection and recovery of
species of flora listed in Annex I. For this purpose, each Party shall prohibit all forms of
destruction or disturbance, including the picking, collecting, cutting, uprooting or
possession of, or commercial trade in such species, their seeds, parts or products. They
shall regulate activities, to the extent possible, that could have harmful effects on the
habitats of the species.
b) Each Party shall ensure total protection and recovery to the species of fauna listed in
Annex II by prohibiting:
i) the taking, possession or killing (including, to the extent possible, the incidental
taking, possession or killing) or commercial trade in such species, their eggs, parts or
products;
ii) to the extent possible, the disturbance of such species, particularly during periods of
breeding, incubation, estivation or migration, as well as other periods of biological
stress.
c) Each Party shall adopt appropriate measures to ensure the protection and recovery of the
species of flora and fauna listed in Annex III and may regulate the use of such species in
order to ensure and maintain their populations at the highest possible levels. With regard to
the species listed in Annex III, each Party shall, in co-operation with other Parties, formulate,
adopt and implement plans for the management and use of such species, including:
i) for species of fauna:
a) the prohibition of all non-selective means of capture, killing, hunting and fishing
and of all actions likely to cause local disappearance of a species or serious
disturbance of its tranquility;
b) the institution of closed hunting and fishing seasons and of other measures for
maintaining their population;
c) the regulation of the taking, possession, transport or sale of living or dead species,
their eggs, parts or products;
iii) For species of flora, including their parts or products, the regulation of their collection,
harvest and commercial trade.
2. Each Party may adopt exemptions to the prohibitions prescribed for the protection and
recovery of the species listed in Annexes I and II for scientific, educational or management
purposes necessary to ensure the survival of the species or to prevent significant damage to
forests or crops. Such exemptions shall not jeopardize the species and shall be reported to the
Organization in order for the Scientific and Technical Advisory Committee to assess the
pertinence of the exemptions granted.
3. The Parties also shall:
a) accord priority to species contained in the annexes for scientific and technical research
pursuant to Article 17;
b) accord priority to species contained in the annexes for mutual assistance pursuant to
Article 18.
4. The procedures to amend the annexes shall be as follows:
a) any Party may nominate an endangered or threatened species of flora or fauna for
inclusion in or deletion from these annexes, and shall submit to the Scientific and
Technical Advisory Committee, through the Organization, supporting documentation,
including, in particular, the information noted in Article 19. Such nomination will be
made in accordance with the guidelines and criteria adopted by the Parties pursuant to
Article 21;
b) the Scientific and Technical Advisory Committee shall review and evaluate the
nominations and supporting documentation and shall report its views to the meetings of
Parties held pursuant to Article 23;
c) the Parties shall review the nominations, supporting documentation and the reports of the
Scientific and Technical Advisory Committee. A species shall be listed in the annexes by
consensus, if possible, and if not, by a three-quarters majority vote of the Parties present and
voting, taking fully into account the advice of the Scientific and Technical Advisory
Committee that the nomination and supporting documentation meet the common guidelines
and criteria established pursuant to Article 21;
d) a Party may, in the exercise of its sovereignty or sovereign rights, enter a reservation to
the listing of a particular species in an annex by notifying the Depositary in writing
within 90 days of the vote of the Parties. The Depositary shall, without delay, notify all
Parties of reservations received pursuant to this paragraph;
e) a listing in the corresponding annex shall become effective 90 days after the vote for all
Parties, except those which made a reservation in accordance with paragraph (d) of this
Article; and
f) a Party may at any time substitute an acceptance for a previous reservation to a listing by
notifying the Depositary, in writing. The acceptance shall thereupon enter into force for that
Party.
5. The Parties shall establish co-operation programmes within the framework of the
Convention and the Action Plan to assist with the management and conservation of protected
species, and shall develop and implement regional recovery programmes for protected
species in the Wider Caribbean Region, taking fully into account other existing regional
conservation measures relevant to the management of those species. The Organization shall
assist in the establishment and implementation of these regional recovery programmes.
Article 12 Introduction of Non-Indigenous or Genetically Altered Species
Each Party shall take all appropriate measures to regulate or prohibit intentional or accidental
introduction of non-indigenous or genetically altered species to the wild that may cause
harmful impacts to the natural flora, fauna or other features of the Wider Caribbean Region.
Article 13 ENVIRONMENTAL IMPACT ASSESSMENT
1. In the planning process leading to decisions about industrial and other projects and
activities that would have a negative environmental impact and significantly affect areas or
species that have been afforded special protection under this Protocol, each Party shall
evaluate and take into consideration the possible direct and indirect impacts, including
cumulative impacts, of the projects and activities being contemplated.
2. The Organization and the Scientific and Technical Advisory Committee shall, to the extent
possible, provide guidance and assistance, upon request, to the Party making these
assessments.
Article 14 EXEMPTIONS FOR TRADITIONAL ACTIVITIES
1. Each Party shall, in formulating management and protective measures, take into account
and provide exemptions, as necessary, to meet traditional subsistence and cultural needs of its
local populations. To the fullest extent possible, no exemption which is allowed for this
reason shall:
a) endanger the maintenance or areas protected under the terms of this Protocol, including
the ecological processes contributing to the maintenance of those protected areas; or
b) cause either the extinction of, or a substantial risk to, or substantial reduction in the
number of, individuals making up the populations of species of fauna and flora within the
protected areas, or any ecologically inter-connected species or population, particularly
migratory species and threatened, endangered or endemic species.
Parties which allow exemptions with regard to protective measures shall inform the
Organization accordingly.
Article 15 CHANGES IN IHE STATUS IF PROTECTED AREAS OR PROTECTED
SPECIES
1. Changes in the delimitation or legal status of an area, or part thereof, or of a protected
species, may only take place for significant reasons, bearing in mind the need to safeguard
the environment and in accordance with the provisions of this Protocol and after notification
to the Organization.
2. The status of areas and species should be periodically reviewed and evaluated by the
Scientific and Technical Advisory Committee on the basis of information provided by Parties
through the Organization. Areas and species may be removed from the area listing or
Protocol annexes by the same procedure by which they were incorporated.
Article 16 PUBLICITY, INFORMATION, PUBLIC AWARENESS AND EDUCATION
1. Each Party shall give appropriate publicity to the establishment of protected areas, in
particular to their boundaries, buffer zones, and applicable regulations, and to the designation
of protected species, in particular to their critical habitats and applicable regulations.
2. In order to raise public awareness, each Party shall endeavour to inform the public as
widely as possible, of the significance and value of the protected areas and species and of the
scientific knowledge and other benefits which may be gained from them or any changes
therein. Such information should have an appropriate place in education programmes
concerning the environment and history. Each Party should also endeavour to promote the
participation of its public and its conservation organizations in measures that are necessary
for the protection of the areas and species concerned.
Article 17 SCIENTIFIC, TECHNICAL AND MANAGEMENT RESEARCH
1. Each Party shall encourage and develop scientific, technical and management-oriented
research on protected areas, including, in particular, their ecological processes and
archaeological, historical and cultural heritage, as well as on threatened or endangered
species of fauna and flora and their habitats.
2. Each Party may consult with other Parties and with relevant regional and international
organizations with a view to identifying, planning and undertaking scientific and technical
research and monitoring programmes necessary to characterize and monitor protected areas
and species and to assess the effectiveness of measures taken to implement management and
recovery plans.
3. The Parties shall exchange, directly or through the Organization, scientific and technical
information concerning current and planned research and monitoring programmes and the
results thereof. They shall, to the fullest extent possible, co- ordinate their research and
monitoring programmes, and endeavour to standardize procedures for collecting, reporting,
archiving and analyzing relevant scientific and technical information.
4. The Parties shall, pursuant to the provisions of paragraph 1 above, compile comprehensive
inventories of:
a) areas over which they exercise sovereignty, or sovereign rights or jurisdiction that
contain rare or fragile ecosystems; that are reservoirs of biological or genetic diversity;
that are of ecological value in maintaining economically important resources; that are
important for threatened, endangered or migratory species; that are of value for aesthetic,
recreational, tourist or archaeological reasons; and
b) species of fauna or flora that may qualify for listing as threatened or endangered
according to the criteria established under this Protocol.
Article 18 MUTUAL ASSISTANCE
1. The Parties shall co-operate, directly or with the assistance of the Organization or other
relevant international organizations, in formulating, drafting, financing and implementing
programmes of assistance to those Parties that express a need for it in the selection,
establishment and management of protected areas and species.
2. These programmes should include public environmental education, the training of
scientific, technical and management personnel, scientific research, and the acquisition,
utilization, design and development of appropriate equipment on advantageous terms to be
agreed among the Parties concerned.
Article 19 NOTIFICATIONS AND REPORTS TO THE ORGANIZATION
1. Each Party shall report periodically to the Organization on:
a) the status of existing and newly established protected areas, buffer zones and protected
species in areas over which they exercise sovereignty or sovereign rights or jurisdiction;
and
b) any changes in the delimitation or legal status of protected areas, buffer zones and
protected species in areas over which they exercise sovereignty, or sovereign rights or
jurisdiction.
2. The reports relevant to the protected areas and buffer zones should include information on:
a) name of the area or zone;
b) biogeography of the area or zone (boundaries, physical features, climate, flora and
fauna);
c) legal status with reference to relevant national legislation or regulation;
d) date and history of establishment;
e) protected area management plans;
f) relevance to cultural heritage;
g) facilities for research and visitors; and
h) threats to the area or zone, especially threats which originate outside the jurisdiction of
the Party.
3. The reports relevant to the protected species should include, to the extent possible,
information on:
a) scientific and common names of the species;
b) estimated populations of species and their geographic ranges;
c) status of legal protection, with reference to relevant national legislation or regulation;
d) ecological interactions with other species and specific habitat requirements;
e) management and recovery plans for endangered and threatened species;
f) research programmes and available scientific and technical publications relevant to the
species; and
g) threats to the protected species, their habitats and their associated ecosystems, especially
threats which originate outside the jurisdiction of the Party.
4. The reports provided to the Organization by the Parties will be used for the purposes
outlined in Articles 20 and 22.
Article 20 SCIENTIFIC AND TECHNICAL ADVISORY COMMITTEE
1. A Scientific and Technical Advisory Committee is hereby established.
2. Each Party shall appoint a scientific expert appropriately qualified in the field covered by
the Protocol as its representative on the Committee, who may be accompanied by other
experts and advisors appointed by that Party. The Committee may also seek information from
scientifically and technically qualified experts and organizations.
3. The Committee shall be responsible for providing advice to the Parties through the
Organization on the following scientific and technical matters relating to the Protocol:
a) the listing of protected areas in the manner provided for in Article 7;
b) the listing of protected species in the manner provided for in Article 11;
c) reports on the management and protection of protected areas and species and their
habitats;
d) proposals for technical assistance for training, research, education and management
(including species recovery plans);
e) environmental impact assessment pursuant to Article 13;
f) the formulation of common guidelines and criteria pursuant to Article 21; and
g) any other matters relating to the implementation of the Protocol, including those matters
referred to it by the meetings of the Parties.
4. The Committee shall adopt its own Rules of Procedures.
Article 21 ESTABLISHMENT OF COMMON GUIDELINES AND CRITERIA
1. The Parties shall at their first meeting, or as soon as possible thereafter, evaluate and adopt
common guidelines and criteria formulated by the Scientific and Technical Advisory
Committee dealing in particular with:
a) the identification and selection of protected areas and protected species;
b) the establishment of protected areas;
c) the management of protected areas and protected species including migratory species;
and
d) the provision of information on protected areas and protected species, including
migratory species.
In implementing this Protocol, the Parties shall take into account these common
guidelines and criteria, without prejudicing the right of a Party to adopt more stringent
guidelines and criteria.
Article 22 INSTITUTIONAL ARRANGEMENTS
1. Each Party shall designate a Focal Point to serve as liaison with the Organization on the
technical aspects of the implementation of this Protocol.
2. The Parties designate the Organization to carry out the following Secretariat functions:
a) convening and servicing the meetings of the Parties;
b) assisting in raising funds as provided for in Article 24;
c) assisting the Parties and the Scientific and Technical Advisory Committee, in cooperation
with the competent international, intergovernmental and non-governmental
organizations in:
- facilitating programmes of technical and scientific research as provided for in Article 17;
- facilitating the exchange of scientific and technical information among the Parties as
provided for in Article 16;
- the formulation of recommendations containing common guidelines and criteria
pursuant to Article 21;
- the preparation, when so requested, of management plans for protected areas and
protected species pursuant to Article 6 and 10 respectively;
- the development of co-operative programmes pursuant to Articles 7 and 11;
- the preparation, when so requested, of environmental impact assessments pursuant to
Article 13;
- the preparation of educational materials designed for various groups identified by the
Parties;
- the repatriation of illegally exported wild flora and fauna and their parts or products;
d) preparing common formats to be used by the Parties as the basis for notifications and
reports to the Organization, as provided in Article 19;
e) maintaining and updating databases of protected areas and protected species
containing information pursuant to Articles 7 and 11, as well as issuing periodically
updated directories of protected areas and protected species;
f) preparing directories, reports and technical studies which may be required for the
implementation of this Protocol;
g) co-operating and co-ordinating with regional and international organizations concerned
with the protection of areas and species; and
h) carrying out any other function assigned by the Parties to the Organization.
Article 23 MEETINGS OF THE PARTIES
1. The ordinary meetings of the Parties shall be held in conjunction with the ordinary
meetings of the Parties to the Convention held pursuant to Article 16 of the Convention. The
Parties may also hold extraordinary meetings in conformity with Article 16 of the
Convention. The meetings will be governed by the Rules of Procedure adopted pursuant to
Article 20 of the Convention.
2. It shall be the function of the meetings of the Parties to this Protocol:
a) to keep under review and direct the implementation of this Protocol;
b) to approve the expenditure of funds referred to in Article 24;
c) to oversee and provide policy guidance to the Organization;
d) to consider the efficacy of the measures adopted for the management and protection of
areas and species, and to examine the need for other measures, in particular in the form of
annexes, as well as amendments to this Protocol or to its annexes;
e) to monitor and promote the establishment and development of the network of protected
areas and recovery plans for protected species provided for in Articles 7 and 11;
f) to adopt and revise, as needed, the guidelines and criteria provided for in Article 21;
g) to analyze the advice and recommendations of the Scientific and Technical Advisory
Committee pursuant to Article 20;
h) to analyze reports transmitted by the Parties to the Organization under Article 22 of the
Convention and Article 19 of this Protocol, as well as any other information which the
Parties may transmit to the Organization or to the meeting of the Parties; and
i) to conduct such other business as appropriate.
Article 24 FUNDING
In addition to the funds provided by the Parties in accordance with paragraph 2, Article 20 of
the Convention, the Parties may direct the Organization, to seek additional funds. These may
include voluntary contributions for purposes connected with the Protocol from Parties, other
governments, government agencies, non- governmental, international, regional and private
sector organizations and individuals.
Article 25 RELATIONSHIP TO OTHER CONVENTIONS DEALING WITH THE
SPECIAL PROTECTION OF WILDLIFE
Nothing in this Protocol shall be interpreted in a way that may affect the rights and
obligations of Parties under the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) and the Convention on the Conservation of Migratory Species
of Wild Animals (CMS).
Article 26 TRANSITIONAL CLAUSE
1. The initial version of the annexes, which constitutes an integral part of the Protocol, shall
be adopted by consensus at a Conference of Plenipotentiaries of the Contracting Parties
to the Convention.
Article 27 ENTRY INTO FORCE
1. The Protocol and its annexes, once adopted by the Contracting Parties to the Convention,
will enter into force in conformity with the procedure established in paragraph 2 of
Article 28 of the Convention.
2. The Protocol shall not enter into force until the initial annexes have been adopted in
accordance with Article 26.
Article 28 SIGNATURE
This Protocol shall be open for signature at Kingston, from 18 January 1990 to 31 January
1990 and at Bogotá from 1February 1990 to 17 January 1991 by any party to the Convention.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective
governments, have signed this Protocol.
Done at Kingston, on this eighteenth day of January one thousand nine hundred and ninety in
a single copy in the English, French and Spanish languages, the three texts being equally
authentic.
ANNEXES ADOPTED 11 JUNE 1991
ANNEX I
List of Species of Marine and Coastal Flora
Protected Under Article 11(1)(a)
TRACHAEOPHYTA (Vascular Plants)
Convolvulaceae Bonamia grandiflora
Family Genus Species
Convolvulaceae Ipomoea
Aquifoliaceae Ilex cookii
flavopurpurea
Bignoniaceae Crescentia mirabilis
Convolvulaceae Ipomoea walpersiana
Bignoniaceae Crescentia
Cyatheaceae Cyathea dryopteroides
portoricensis
Cyperaceae Rhynchospora bucherorum
Boraginaceae Cordia wagnerorum
Dioscoreaceae Rajania theresensis
Buxaceae Buxus vahlii
Ericaceae Rhododendron chapmanii
Cactaceae Echinocereus
Euphorbiaceae Andrachne brittonii
reichenbachii var. albertii
Euphorbiaceae Bernardia venosa
Cactaceae Harrisia fragrans
Euphorbiaceae Cnidoscolus fragrans
Cactaceae Harrisia portoricensis
Euphorbiaceae Drypetes
Cactaceae Leptocereus grantianus
triplinervia
Cactaceae Leptocereus wrightii
Flacourtiaceae Banaras
Cactaceae Melocactus guitartii
vanderbiltii
Cactaceae Melocactus harlowii
Flacourtiaceae Samyda microphylla
sensu lato
Hydrophyllaceae Hydrolea torroei
Cactaceae Pilosocereus deeringii
Icacinaceae Ottoschulzia
Cactaceae Pilosocereus robinii
rhodoxylon
Leguminosae Acacia cupeyensis
(Fabaceae)
Leguminosae Acacia roigii
Leguminosae Stahlia monosperma
Liliaceae Harperocallis flava
Loranthaceae Dendropemon
acutifolius
Malvaceae Abutilon virginianum
Meliaceae Trichilia triacantha
Olacaceae Ximenia roigii
Orchidaceae Brachionidium
ciliolatum
Orchidaceae Cranichis ricartii
Orchidaceae Lapanthes eltoroensis
Orchidaceae Oncidium jacquinianum
Palmae Calyptronoma rivalis
(Arecaceae)
Piperaceae Peperomia wheeleri
Rhamnaceae Doerpfeldia cubensis
Rubiaceae Catesbaea macracantha
Rubiaceae Phyllacanthus
grisebachianus
Rubiaceae Rondeletia apiculata
Rubiaceae Rondeletia rugelii
Rutaceae Zanthoxylum thomasianum
Solanaceae Goetzea elegans
Theaceae Ternstroemia luquillensis
Theophrastaceae Jacquinia
curtissii
Thymelaeaceae Daphnopsis
helleriana
Verbenaceae Cornutia obovata
Verbenaceae Duranta parviflora
Verbenaceae Nashia myrtifolia
ANNEX II
List of Species of Marine and Coastal Fauna
Protected Under Article 11(1)(b)
Class: GASTROPODA
Boidae Epicrates monensis monensis
Order: PULMONATA
Colubridae Nerodia fasciata
Family Genus Species
taeniata
Bulimulidae Orthalicus reses reses
Gekkonidae Sphaerodactylus
Class: OSIEICHIHYFS
micropithecus
Order: PERCIFORMES
Iguanidae Anolis roosevelti
Family Genus Species
iguanidae Cyclura carinata
Percidae Etheostoma okaloosae
Iguanidae Cyclura collei
Percidae Etheostoma rubrum
Iguanidae Cyclura cyclura
Class: AMPHIBIA
Iguanidae Cyclura nubila
Order: ANURA
Iguanidae Cyclura pinguis
Family Genus Species
Iguanidae Cyclura ricordii
Bufonidae Bufo houstonensis
Iguanidae Cyclura rileyi
Bufonidae Peltophryne lemur
Iguanidae Cyclura stejnegeri
Hylidae Amphodus auratus
Scincidae Eumeces egregius
Leptodactylidae Eleutherodactylus
Scincidae Neoseps reynoldsi
barlagnei
Teiidae Ameiva polops
Leptodactylidae Eleutherodactylus
Typhlopidae Typhlops
jasperi
guadeloupensis
Leptodactylidae Eleutherodactylus
Order: TESTUDINES
johnstonei
Family Genus Species
Leptodactylidae Eleutherodactylus
Cheloniidae Caretta caretta
martinicensis
Cheloniidae Chelonia mydas
Leptodactylidae Eleutherodactylus
Cheloniidae Eretmochelys imbricata
pinchoni
Cheloniidae Lepidochelys kempii
Leptodactylidae Sminthilus
Cheloniidae Lepidochelys olivacea
limbatus
Dermochelyidae Dermochelys
Order: CAUDATA
coriacea
Family Genus Species
Emydidae Graptemys oculifera
Plethodontidae Phaeognathus
Emydidae Pseudemys alabamensis
hubrichti
Testudinidae Gopherus polyphemus
Class: REPTILIA
Class: AVES
Order: CROCODILIA
Order: PROCELLARIIFORMES
Family Genus Species
Family Genus Species
Alligatoridae Melanosuchus niger
Hydrobatidae Hydrobates pelagicus
Crocodilidae Crocodylus acutus
Procellaiiidae Puffinus
Crocodilidae Crocodylus
lherminieri
intermedius
Order: PELECANIFORMES
Crocodilidae Crocodylus moreletii
Family Genus Species
Order: SQUAMATA
Pelecanidae Pelecanus occidentalis
Family Genus Species
Order: CICONIIFORMES
Boidae Epicrates inornatus
Family Genus Species
Boidae Epicrates monensis granti
Ciconiidae Jabiru mycteria
Ciconiidae Mycteria americana
Order: FALCONIFORMES
Family Genus Species
Accipitridae Chondrohierax
uncinatus
Accipitridae Haliaeetus
leucocephalus
Accipitridae Harpia harpyja
Accipitridde Rostrhamus sociabilis
plumbeus
Falconidae Falco femoralis
septentrionalis
Falconidae Falco peregrinus
Falconidae Polyborus plancus
Order: GALLIFORMES
Family Genus Species
Cracidae Aburria pipile
(= Pipile)
Phasianidae Tympanuchus cupido
attwateri
Order: GRUIFORMES
Family Genus Species
Gruidae Grus americana
Gruidae Grus canadensis nesiotes
Gruidae Grus canadensis pulla
Order: CHARADRIIFORMES
Family Genus Species
Charadriidae Charadrius melodus
Laridae Sterna antillarum
antillarum
Laridae Sterna dougallii dougallii
Scolopacidae Numenius borealis
Order: COLUMBIFORMES
Family Genus Species
Columbidae Columba inornata
wetmorei
Order: PSITTACIFORMES
Family Genus Species
Psittacidae Amazona arausica
Psittacidae Amazona barbadensis
Psittacidae Amazona guildingii
Psittacidae Amazona imperialis
Psittacidae Amazona leucocephala
Psittacidae Amazona versicolor
Psittacidae Amazona vittata
Psittacidae Ara macao
Order: CAPRIMULGIFORMES
Family Genus Species
Caprimulgidae Caprimulgus
noctitherus
Order: PICIFORMES
Family Genus Species
Picidae Picoides borealis
Order: PASSERIFORMES
Family Genus Species
Corvidae Aphelocoma coerulescens
cyanotis
Corvidae Corvus leucognaphalus
Emberezidae Carduelis cucullata
Emberezidae Vermivora bachmanii
Emberizidae Ammodramus maritimus
mirabilis
Emberizidae Ammodramus savannarum
floridanus
Embetizidae Dendroica kirtlandii
Mimidae Cinclocerthia ruficauda
Mimidae Ramphocinclus brachyurus
Class: MAMMALIA
Order: CARNIVORA
Family Genus Species
Canidae Speothos venaticus
Felidae Felis pardalis
Felidaes Felis tigrina
Felidae Felis wiedii
Felidae Felis yagouaroundi
Phocidae All spp.
Mustelidae Pteronura brasiliensis
Ursidae Tremarctos ornatus
Order: CETACEA
All spp.
Order: CHIROPTERA
Family Genus Species
Molossidae Tadarida brasiliensis
Mormoopidae Pteronotus davyi
Phyllostomatidae Ardops nicollsi
Phyllostomatidae Brachyphylla
cavernarum
Phyllostomatidae Chiroderma
improvisum
Vespertilionidae Eptesicus
guadeloupensis
Order: EDENTATA
Family Genus Species
Dasypodidae Priodontes maximus (=
giganteus)
Order: LAGOMORPHA
Family Genus Species
Leporidae Sylvilagus palustris
hefneri
Order: MARSUPIALIA
Family Genus Species
Didelphidae Chironectes minimus
Order: PRIMATES
Family Genus Species
Cebidae Alouatta palliata
Order: RODENTIA
Family Genus Species
Capromyidae Capromys angelcabrerai
(= Mesocapromys)
Capromyidae Capromys auritus
Capromyidae Capromys garridoi
Capromyidae Capromys nanus
Capromyidae Capromys sanfelipensis
Dasyproctidae Dasyprocta guamara
Muridae Neotoma floridana smalli
Muridae Peromyscus gossypinus
allapaticola
Muridae Peromyscus polionotus
allophrys
Muridae Peromyscus polionotus
ammobates
Muridae Peromyscus polionotus
niveiventris
Muridae Peromyscus polionotus
phasma
Muridae Peromyscus polionotus
trissyllepsis
Order: SIRENIA
All spp.
ANNEX III
List of Species of Marine and Coastal
Flora and Fauna Protected Under Article 11(1)(c)
FLORA
Taxaceae Taxus floridana
TRACHAEOPHYTA (Vascular Plants)
Verbenaceae Avicennia germinans (=
Family Genus Species
nitida)
Agavaceae Nolina brittoniana
Verbenaceae Verbena tampensis
Asclepiadaceae Asclepias viridula
Zygophyllaceae Guaiacum officinale
Cactaceae Melocactus intortus
FAUNA
Cactaceae Opuntia (= Consolea)
Class: HYDROZOA
macracantha
Order: MILLEPORINA
Combretaceae Conocarpus erectus
Family Genus Species
Combretaceae Laguncularia racemosa
Milleporidae All spp.
Compositae Verbesina chapmanii
Order: STYLASTERINA
(Asteraceae)
Family Genus Species
Cymodoceaceae Halodule wrightii (=
Stylasteridae All spp.
ciliata/bermudensis
Class: ANTHOZOA
/beaudettei)
Order: ANTIPATHARIA
Cymodoceaceae Syringodium
All spp.
filiforme
(= Cymodocea manitorum)
Euphorbiaceae Chamaesyce deltoidea
ssp. serpyllum
Euphorbiaceae Euphorbia
telephioides
Gramineae Schizachyrium niveum
(Poaceae)
Hydrocharitaceae Thalassia
testudinum
Hydrocharitaceae Halophila
baillonis (= aschersonii)
Hydrocharitaceae Halophila
decipiens
Hydrocharitaceae Halophila
engelmannii
Iridaceae Salpingostylis
coelestina
Labiatae Conradina glabra
(Lamiaceae)
Labiatae Hedeoma graveolens
Labiatae Macbridea alba
Labiatae Scutellaria floridana
Leguminosae Chamaecrista lineata
var. keyensis
(Fabaceae)
Leguminosae Clitoria fragrans
Leguminosae Vicia ocalensis
Lentibulariaceae Pinguicula
ionantha
Lythraceae Cuphea aspera
Nyctaginaceae Caribea littoralis
Orchidaceae Elleanthus dussii
Orchidaceae Epidendrum mutelianum
Palmae Roystonea elata
(Arecaceae)
Palmae Roystonea oleracea
Palmae Syagrus (= Rhyticocos)
amara
Polygalaceae Polygala lewtonii
Polygonaceae Eriogonum longifolium
var. gnaphaliolium
Rhizophoraceae Rhizophora mangle
Ruppiaceae Ruppia maritima
Order: GORGONIACEA
All spp.
Order: SCLERACTINIA
All spp.
Class: PELECYPODA
Order: EULAMELLIBRANCHIA
Family Genus Species
Margaritiferidae Margaritifera
hembeli
Class: MOLLUSCA
Order: MESOGASTROPODA
Family Genus Species
Strombidae Strombus gigas
Class: CRUSTACEA
Order: DECAPODA
Family Genus Species
Panuliridae Panulirus argus
Class: REPTILIA
Order: CROCODILIA
Family Genus Species
Crocodilidae Crocodylus rhombifer
Order: SQUAMATA
Family Genus Species
Boidae Boa constrictor
Iguanidae Iguana delicatissima
Iguanidae Iguana iguana
Order: TESTUDINES
Family Genus Species
Kinosternidae Kinosternon
scorpioides
Pelomedusidae Podocnemis
cayennensis
Pelomedusidae Podocnemis vogli
Class: AVES
Order: CICONIIFORMES
Family Genus Species
Threskiornithidae Eudocimus ruber
Order: ANSERIFORMES
Family Genus Species
Anatidae Cairina moschata
Anatidae Dendrocygna arborea
Anatidae Dendrocygna bicolor
Order: FALCONIFORMES
Family Genus Species
Cathartidae Sarcoramphus papa
Order: PHOENICOPTERIFORMES
Family Genus Species
Phoenicopteridae Phoenicopterus
ruber
Order: PSITTACIFORMES
Family Genus Species
Psittacidae Amazona ochrocephala
Psittacidae Ara ararauna
Psittacidae Ara chloroptera
Psittacidae Arao manilata
Order: PASSERIFORMES
Family Genus Species
Cotingidae Rupicola rupicola
Emberizidae Agelaius xanthomus
Class: MAMMALIA
Order: CARNIVORA
Family Genus Species
Mustelidae Eira barbara
Mustelidae Galictis vittata
Mustelidae Lutra longicaudus (=
enudris)
Order: CHIROPTERA
Family Genus Species
Phyllostomidae Vampyrum spectrum
Order: EDENTATA
Family Genus Species
Myrmecophagidae Myrmecophaga
tridactyla
Myrmecophagidae Tamandua
tetradactyla
Order: PRIMATES
Family Genus Species
Cebidae Alouatta seniculus
Cebidae Cebus albifrons
APPENDIX
SPECIES RECOMMENDED FOR PRIORITY CONSIDERATION AT THE
NEXT AVAILABLE OPPORTUNITY
(Annex V of the Report of the Meeting of the Ad Hoc Group of Experts for the
Development of Annexes to the Protocol Concerning Specially Protected Areas
and Wildlife in the Wider Caribbean Region,Martinique, 5-8 November 1990,
UNEP(OCA)/CAR WG.4/4.)
(a) For inclusion in Annex II
Class: MOLLUSCA
Order: MESOGASTROPODA
Family Genus Species
Cassidae Cassis flammea
Cassidae Cassis madagascariensis
Cassidae Cassis tuberosa
Cymatiidae Charonia tritonis
nobilis
Strombidae Strombus costatus
Strombidae Strombus gallus
Strombidae Strombus paninos
Strombidae Strombus pugilis
Class: AVES
Order: PELECANIFORMES
Family Genus Species
Fregatidae Fregata magnificens
Phaetonidae Phaeton aethereus
Phaetonidae Phaeton lepturus
Sulidae Sula dactylatra
Sulidae Sula leucogaster
Order: CICONIIFORMES
Family Genus Species
Ardeidae Casmerodius albus (=
Egretta alba)
Ardeidae Egretta caerulea
Ardeidae Egretta tricolor
Ardeidae Nycticorax nycticorax
Ardeidae Nycticorax violaceus
Threskiornithidae Eudocimus ruber
Threskiornithidae Plegadis
falcinellus
Order: CHARADRIIFORMES
Family Genus Species
Laridae Anous stolidus
Laridae Sterna anaethetus
Laridae Sterna elegans
Laridae Sterna fuscata
Laridae Sterna hirundo
Laridae Sterna maxima
Laridae Sterna sandvicensis
Order: FALCONIFORMES
Family Genus Species
Pandionidae Pandion haliaetus
Order: GRUIFORMES
Family Genus Species
Rallidae Gallinula chloropolus
(b) For inclusion in Annex III
FLORA
Family Genus Species
Aizoaceae Sesuvium portulacastrum
Bataceae Batis maritima
Chenopodiaceae Salicornia
bigelovii
FAUNA
Class: AVES
Order: FALCONIFORMES
Family Genus Species
Falconidae Falco columbarius
Order: GRUIFORMES
Family Genus Species
Rallidae Fulica caribaea
****************************
GUIDELINES AND CRITERIA FOR
THE EVALUATION OF PROTECTED
AREAS TO BE LISTED UNDER THE
SPAW PROTOCOL (ADOPTED 20
NOVEMBER 2010)
INTRODUCTION
1. The First Meeting of the Contracting
Parties to the SPAW Protocol (24-25
September 2001, Havana, Cuba) agreed to
develop guidelines and criteria for the
evaluation of protected areas to be listed
under the SPAW Protocol.
2. The procedures for the establishment of
the list of protected areas are outlined in
Article 7(3) of the SPAW Protocol.
3. According to Article 7 of the SPAW
Protocol, the Parties shall establish a list of
protected areas to create a regional network
of protected areas and develop a cooperation
programme. The purpose of this List is to
identify those areas that are of particular
importance to the Wider Caribbean region,
that are to be accorded priority for scientific
and technical research pursuant to Article
17, and that are to be accorded priority for
mutual assistance pursuant to Article 18, and
to protect the listed areas from activities that
would undermine the purposes for which
they were listed.
4. Nominations to the List must be supported
by documentation demonstrating that the
nomination fulfils the common guidelines
and criteria on matters adopted by the
Parties and established pursuant to Article
21 as set forth in this document.
5. Under Article 21, the Parties agree to
adopt common guidelines and criteria to
assist with the identification, selection,
establishment, management and provision of
information on protected areas.
6. For the purposes of these listing
guidelines, the SPAW Protocol defines
"protected areas" in Articles 1 and 4.
"Protected Area" refers to an area that has
been established pursuant to Article 4.
7. The regional network of protected areas
will contribute to achieving the targets of the
World Summit on Sustainable Development
(WSSD, 26 August - 4 September 2002)
regarding the establishment of representative
networks of protected areas under
multilateral agreements, programmes, and
processes.
8. Protected areas that are being proposed
for listing will thereby enter a programme
intended to assist these protected areas in
complying with all the operational/
management requirements as stated in this
document.
A. GENERAL PRINCIPLES
9. In establishing the SPAW List of
Protected Areas, the Parties will be guided
by the following general principles:
I. The List of Protected Areas shall comprise
areas protected in order to sustain the natural
resources of the Wider Caribbean region,
and to encourage ecologically sound and
appropriate
use,
understanding
and
enjoyment, pursuant to SPAW Article 4.
II. Such areas shall contribute to:
• Protecting and preserving areas, habitats
and species with special ecological, cultural
and socio-economic values;
• Preventing species from becoming
endangered or threatened, in accordance
with SPAW Articles 4.2(b), 3.3, and 10.1;
and
• Providing for the special needs of
threatened,
endangered,
endemic
or
migratory species, in particular those species
in Annexes I, II and III.
III. The Protected Areas will together form a
network, which will contribute to the
effective conservation of the natural heritage
of the Caribbean.
IV. The Parties shall develop co-operative
agreements on bilateral and multilateral
bases in the field of conservation and
management of natural areas to promote the
effectiveness of the network. The network
will be used as a tool to promote regional
and international cooperation in relation to
complementary environmental treaties,
consistent with the SPAW criteria and listing
process.
V. The network should ultimately comprise
a comprehensive and representative system
of protected areas in the Wider Caribbean
region, across all bioregions and across the
range of ecosystems within each bioregion.
VI. No limit is imposed on the total number
of areas included in the List nor on the
number of areas any individual Party can
propose for inscription.
VII. The areas will be selected on a
scientific, technical, cultural and socioeconomic basis and included in the List
based on the criteria set out below.
VIII. Areas proposed for listing must have in
place legal, institutional and management
frameworks for the protection and
conservation of their natural features.
IX. The network should contribute to the
adaptation and mitigation of the impact of
global climate change to the extent possible.
The protection of the range of functional
habitats within the eco-region should be able
to enhance the adaptation of species as
climatic conditions alter and to increase the
resilience of the eco-region.
X. Any area to be included in the list of
protected areas recognized by the SPAW
Protocol must fulfil the requirements of the
SPAW Protocol, and conform to the
following guidelines and criteria:
B. ECOLOGICAL, CULTURAL AND
SOCIO-ECONOMIC CRITERIA
10. Only protected areas established
consistent with Article 4 will be considered
for inclusion on the List. Article 4 states that
protected areas shall be established with a
view to sustaining the natural resources of
the
Wider Caribbean region, and
encouraging ecologically sound, and
appropriate
use,
understanding,
and
enjoyment of these areas, in accordance with
the objectives and characteristics of each of
them.
11. A Protected Area must conform to at
least one of the Ecological Criteria and,
where applicable, to at least one1 of the
Cultural and Socio-Economic Criteria.
Where the Protected Area additionally fulfils
several of the desirable criteria, the case for
its inclusion in the List is strengthened.
12. It must also be adequate to the long-term
conservation of the elements for which it
seeks to be listed.
Ecological Criteria
a) Representativeness - The area includes
physiographic features, populations of
species, habitats and ecosystem types or
ecological processes that are representative
of the country, region or eco-region.
b) Conservation value - The area contributes
to the conservation, including management,
of the species, subspecies or populations of
flora and fauna present in it, either as
permanent residents, or during some life
cycle stages, with the objective of preserving
them as functioning members of their
ecological communities, and preventing
them from becoming threatened or
endangered, both locally and throughout
their range.
c) Rarity - The area conserves unique or rare
species, habitats, or ecosystems. An area or
ecosystem is rare if it is among the few of its
kind in the country or Wider Caribbean
Region or has been seriously depleted across
its range. The area may contain habitats that
occur in a limited area, or rare, endemic,
threatened or endangered species that are
geographically
restricted
in
their
distribution.
d) Naturalness (Level of disturbance) - The
area has to a high degree been protected
from or has not been subjected to, humaninduced change, and the natural environment
is thus relatively free from biophysical
disturbance caused by human influence.
e) Critical habitats - The area contains
populations, habitats or ecosystems that are
critical to the survival and/or recovery of
endangered, threatened or endemic species,
or to species listed in Annex I, II or III of the
Protocol.
f) Diversity - The area contains the variety
or richness of species, communities,
ecosystems, landscapes, seascapes and
genetic diversity necessary for its long-term
viability and integrity. This criterion is
especially applicable where the area
provides habitat for endangered, threatened,
endemic and/or migratory species, and
species listed in the Annexes to the Protocol.
g) Connectivity/coherence -The area is
adjacent to or ecologically connected to
another protected area, or is within an
ecological or biological corridor, and thus
contributes to maintaining the ecological
integrity of the Wider Caribbean Region.
This can apply for Protected Areas within
one country or which transcend political
boundaries.
h) Resilience - The area contains biological
components (habitats, species populations)
that have demonstrated the ability to recover
from disturbances in a reasonable timeframe,
or are naturally resistant to threats, such as
climate change, and the protection of such
areas enhances the recovery of damaged
ecosystems elsewhere in the eco-region by
providing a source of larvae and juveniles.
Cultural and Socio-Economic Criteria
a) Productivity - The protected area helps
conserve, maintain or restore natural
processes that contribute to increasing the
abundance of natural resources used by
humans, and consequently contribute to
regional sustainable development.
b) Cultural and traditional use - The
protected area has a special value in a
regional context for the conservation,
maintenance or restoration of the
productivity and biological integrity of
natural resources that provide for sustainable
traditional or cultural activities, such as
those of indigenous communities.
c) Socio-economic benefits - The protected
area has special value in a regional context
for the conservation, maintenance or
restoration of the productivity and biological
integrity of natural resources that provide for
economic or social benefits of user groups
such as subsistence fishermen and rural
communities, or economic sectors such as
tourism.
C. PROTECTION, PLANNING AND
MANAGEMENT MEASURES
13. The protected area must be subject to a
legal framework, guaranteeing its effective
long-term protection, in conformity with the
Party's national legislation and international
law, and consistent with the SPAW Protocol,
including Articles 3, 4, 5 and 6.
14. Any protected area to be listed must
have a management framework and
implementing mechanisms that conform to
the following:
Management framework
a) The protected area must have a
management framework that has been
adopted by the Party and specifies the legal
and institutional framework and protection
measures applicable to the area consistent
with Article 6 of the Protocol.
b) The protected area must have a functional
management body with the authority and
means to implement the framework.
c) Conservation and management objectives
for the area must be clearly defined in
nomination documentation, management
guidelines and the management framework
and be implemented in a manner consistent
with Article 5.2.
d) The protected area management
framework should, where possible, be
integrated within the larger planning
framework of the Party.
e) The planning, management and
enforcement measures identified should be
based on available traditional, scientific,
technical
and
management-oriented
knowledge
and
information.
The
management framework should have
programmes to address shortcomings in
knowledge and information
Evaluation
15. The framework must include appropriate
indicators to measure management success,
pursuant to Article 6.2(c).
16. NOTE: For the reporting procedure, and
in
order
to
promote
cooperation,
documentation should demonstrate that the
Party concurs with the participation of the
listed area in the cooperation programme
pursuant to Article 7.
Stakeholders
17. The relevant stakeholders and local
communities should be involved through
inclusive and participatory processes in the
planning and management of the protected
area as appropriate. This participatory
process should include
institutional
arrangements for the effective participation
and empowerment of stakeholders and local
communities.
Implementation Mechanism
a) With regard to the characteristics specific
to each area, the management framework
should address those measures cited in
Article 5.2 relevant to (1) the goals,
objectives and specific threats at that
particular area and (2) those that are within
the scope of the management framework.
b) The management framework should
address public awareness and education
programmes for users, decision-makers and
the public to enhance their appreciation and
understanding of protected areas and of the
objectives for which they were established,
and enable them to participate in planning
and management, as appropriate.
c) The protected area must benefit from
research and monitoring programme
allowing the assessment of the effectiveness
of the management framework in achieving
the relevant conservation goals. The
programme
should
use
appropriate
indicators to evaluate the impact of
conservation measures on the status of
species populations, habitats and ecological
processes, within the protected area and its
surroundings, as well as the impact of the
management plan on the local human
communities.
Management Effectiveness
18. The Party must demonstrate that the
protected area management framework is
adequate to achieve the biophysical and
socioeconomic objectives that the Party has
established for a particular area.
D.
PROCEDURE
FOR
THE
NOMINATIONS AND FOR LISTING
AND DELISTING1 1 Adapted from the last
version of the Guidelines (UNEP(DEC)/CAR
IG.25/3), the Working Group discussions, and the
"Convention concerning the protection of world
cultural and natural heritage - Paris, 16/11/1972"
19. In accordance with Article 7(3), each
Party shall submit an inventory of protected
areas, over which it exercises sovereignty, or
sovereign rights or jurisdiction, which are
suitable for inclusion in the list of protected
areas under SPAW, and in keeping with
these guidelines and criteria.
20. Each Party making a nomination shall
provide the secretariat, for subsequent
distribution to the STAC, with the necessary
supporting documentation, including in
particular, the information noted in Article
19(2), clearly specifying boundaries with
supporting maps, the completed, as
appropriate, "Annotated Format for the
Presentation Reports for the Areas Proposed
for Inclusion in the SPAW List
"(UNEP(DEC)/CAR WG.29/4Rev.1) and a
detailed presentation of the criteria for which
the site is presented referring to Section B.
"Ecological, Cultural and Socio-Economic
Criteria".
21. The nomination for inclusion of an area
or areas in the SPAW Protected Areas List
will be assessed by the STAC according to
the Protocol Provisions and the criteria set
out in Sections 1A, 1B, and 1C of this
document. To this end, the STAC may
request assistance of the SPAW RAC in
applying a standard evaluation process
which may include external review, as
appropriate. Parties should attach a summary
to their evaluation documents when
submitting it to the secretariat.
22. On the basis of the inventories submitted
by the Parties, and the evaluation made by
STAC, with the assistance of the SPAW
RAC if requested, the secretariat shall
present an updated list of protected areas to
the COP for consideration of final listing.
23. The inclusion of a site under the List
requires the consent of the Party concerned.
24. The Party concerned may propose at any
time to withdraw any of its sites under the
List. The proposal of withdrawal shall be
made by an instrument in writing. The
secretariat shall subsequently inform the
other Parties of such proposal.
25. Every 5 years from the inscription in the
List, Parties shall report to the STAC
through the secretariat regarding any
changes in the status of their listed protected
areas pursuant to Articles 15, 19 and 20.
Using this information, the STAC shall
evaluate and review the List of Protected
Areas pursuant to Article 15(2), using the
criteria set out in sections 1A, 1B, and 1C of
this document, and applying a standard
evaluation process, which may include
external review, as appropriate. Based on
this evaluation, the STAC may take one or
more of the following steps:
of a fact-finding mission or the consultation
of specialists, in cooperation with the Party
involved.
a) It may decide that no protected areas
changed significantly in status and advise
that no further action should be taken;
b) When the STAC considers that the status
of any particular protected area has
significantly changed, but not to the extent
that its restoration is impossible, it will so
inform the Party exercising sovereignty, or
sovereign rights or jurisdiction over the area
in question, and advise on measures
necessary to restore the area within a
reasonable period of time. The STAC may
also advise that technical co-operation be
provided under the SPAW Programme of
Work, for work connected with the
restoration of the area, and propose that the
State Party request such assistance, if this
has not already been done;
**********
c) When there is evidence that a protected
area has deteriorated to the point where it
has irretrievably lost those characteristics
which determined its inscription on the List,
the STAC may advise that the Party that
exercises sovereignty, or sovereign rights or
jurisdiction over the protected area in
question propose to withdraw the protected
area from the List. Any comments, which
the Party may make, shall be brought to the
attention of the STAC. In accordance with
Article 7 and 15, such Party may propose to
delist the area or areas from the SPAW
Protected Area List for approval by the
Conference of the Parties;
d) When the information available is not
sufficient to enable the STAC to take one of
the measures described in a), b), or c) above,
the STAC may request the secretariat to seek
information from the relevant Party on the
present condition, the changes to and the
feasibility of adequately restoring the
protected area in question, and to report to
the STAC on the results of its enquiry. Such
measures may include inter alia the sending
[http://www.cep.unep.org/content/aboutcep/spaw/development-of-guidelines-forthe-management-of-protected-areas-andspecies/protected-areas/protected-areaguidelines/guidelines-and-criteria-finalenglish.pdf/view]
ANNEX III
LIST OF SPECIES WHOSE EXPLOITATION IS REGULATED
Porifera
Hippospongia communis
Spongia agaricina
Spongia officinalis
Spongia zimocca
Cnidaria
Antipathes sp. plur.
Corallium rubrum
Echinodermata
Paracentrotus lividus
Crustacea
Homarus gammarus
Maja squinado
Palinurus elephas
Scyllarides latus
Scyllarus pigmaeus
Scyllarus arctus
Pisces
Alosa alosa
Alosa fallax
Anguilla anguilla
Epinephelus marginatus
Isurus oxyrinchus
Lamna nasus
Lampetra fluviatilis
Petromyzon marinus
Prionace glauca
Raja alba
Sciaena umbra
Squatina squatina
Thunnus thynnus
Umbrina cirrosa
Xiphias gladius
*************************
ANNEX E – CBD COP Decision IX/20, Marine and Coastal Biodiversity
The Conference of the Parties,
Reiterating the United Nations General Assembly’s central role in addressing issues relating to the
conservation and sustainable use of biodiversity in marine areas beyond national jurisdiction,
Recalling that General Assembly resolution 60/30 emphasized the universal and unified character of
the United Nations Convention on the Law of the Sea and reaffirmed that the United Nations Convention
on the Law of the Sea sets out the legal framework within which all activities in the oceans and seas must
be carried out, and that its integrity needs to be maintained, as recognized also by the United Nations
Conference on Environment and Development in chapter 17 of Agenda 21,
Recognizing that the principles adopted in the Rio Declaration on Environment and Development 37
play an important role in the conservation and sustainable use of marine biodiversity,
Considering the objectives of the Convention and the principle contained in Article 3, which
establishes the responsibility of States to ensure that activities within their jurisdiction or control, do not
cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,
Recalling the section of its decision VIII/24 on options for cooperation for the establishment of
marine protected areas in marine areas beyond the limits of national jurisdiction, in particular paragraph
42, in which the Conference of the Parties recognizes that the Convention on Biological Diversity has a
key role in supporting the work of the General Assembly with regard to marine protected areas beyond
national jurisdiction, by focusing on the provision of scientific and, as appropriate, technical information
and advice relating to marine biological diversity, the application of the ecosystem approach and the
precautionary approach, and in delivering the 2010 target,
Recalling also paragraph 38 of decision VIII/24, which recognizes that application of tools beyond
and within national jurisdiction need to be coherent, compatible and complementary and without
prejudice to the rights and obligations of coastal States under international law,
Recalling that the Joint Statement by the Co-Chairpersons of the second meeting of the Ad Hoc
Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of
marine biological diversity beyond areas of national jurisdiction, established by General Assembly,
registered support for the scientific criteria for the identification of ecologically or biologically significant
marine areas in need of protection developed in the context of the Convention on Biological Diversity,
1.Takes note of the synthesis and review of the best available scientific studies on priority areas for
biodiversity conservation in marine areas beyond the limits of national jurisdiction, which was
undertaken in pursuance of paragraph 44 (a) of decision VIII/24;
2.Taking into account the role of Food and Agriculture Organization of the United Nations, requests the
Executive Secretary in collaboration with the Food and Agriculture Organization of the United Nations,
Parties, other Governments, and relevant organizations, to compile and synthesize available scientific
information on the impacts of destructive fishing practices, unsustainable fishing, and illegal, unreported,
and unregulated (IUU) fishing on marine biodiversity and habitats, and make such information available
for consideration, at a future meeting of the Subsidiary Body on Scientific, Technical and Technological
Advice prior to the tenth meeting of the Conference of the Parties;
3.Taking into account the role of the International Maritime Organization, requests the Executive
Secretary to seek the views of Parties and other Governments, and, in consultation with the International
Maritime Organization, other relevant organizations, and indigenous and local communities, to compile
and synthesize available scientific information on potential impacts of direct human-induced ocean
fertilization on marine biodiversity and make such information available for consideration at a future
meeting of the Subsidiary Body on Scientific, Technical and Technological Advice prior to the tenth
meeting of the Conference of the Parties;
4.Requests the Executive Secretary, in collaboration with Parties, other Governments, and relevant
organizations, to compile and synthesize available scientific information on ocean acidification and its
impacts on marine biodiversity and habitats, which is identified as a potentially serious threat to coldwater corals and other marine biodiversity, and make such information available for consideration at a
future meeting of the Subsidiary Body on Scientific, Technical and Technological Advice prior to the
tenth meeting of the Conference of the Parties;
5.Welcomes the review of spatial databases containing information on marine areas beyond the limits of
national jurisdiction and the development of an Interactive Map (IMap), 38 which was prepared in
collaboration with the United Nations Environment Programme World Conservation Monitoring Centre
in pursuance of paragraph 44 (c) of decision VIII/24, and requests the Executive Secretary, in
collaboration with the UNEP – WCMC, to invite the International Maritime Organization and other
relevant organizations, to promote wide use of the Interactive Map (IMap), including, where appropriate,
its integration into the World Database on Protected Areas, and continue, within the mandates of the
Convention on Biological Diversity, to update relevant information, incorporating information on
ecosystem functions and connectivity, threats and habitats in the water column, and further linkages with
the Food and Agriculture Organization of the United Nations, and other relevant organizations, as
appropriate;
6.Takes note of the report on Global Open Oceans and Deep Seabed (GOODs) Biogeographic
Classification, (UNEP/CBD/COP/9/INF/44), and requests the Executive Secretary to make this report
available for information at a future meeting of the Subsidiary Body on Scientific, Technical and
Technological Advice prior to the tenth meeting of the Conference of the Parties;
7.Takes note of the various options, which are being applied and/or under development to prevent and
mitigate the adverse impacts of human activities to selected seabed habitats, as referred to in paragraph 5
of decision VIII/21;
8.Invites Parties, other Governments and relevant organizations, including in the context of the United
Nations Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and
sustainable use of marine biological diversity beyond areas of national jurisdiction, to cooperate in further
developing scientific and technical guidance for the implementation of environmental impact assessments
and strategic environmental assessments for activities and processes under their jurisdiction and control
which may have significant adverse impacts on marine biodiversity beyond national jurisdiction, taking
into consideration the work of Food and Agriculture Organization of the United Nations, the International
Maritime Organization, and other relevant organizations, with a view to ensuring such activities are
regulated in such a way that they do not compromise ecosystem integrity, and to report to the Conference
of the Parties at its tenth meeting on progress made in that regard;
9.Notes the need for capacity-building for developing countries, in order to fully implement existing
provisions of environmental impact assessment, as well as the challenges and difficulties in carrying out
environmental impact assessment in areas beyond national jurisdiction;
10.For the purpose of paragraphs 8 and 9 of the present decision, taking into account the relevant
provisions of the United Nations Convention on the Law of the Sea and the Convention on Biological
Diversity, decides to convene an expert workshop, including experts from different relevant
organizations, with balanced regional and sectoral representation, to discuss scientific and technical
aspects relevant to environmental impact assessment in areas beyond national jurisdiction with a view to
contributing to the development of such scientific and technical guidance, building on ongoing relevant
sectoral, regional and national environmental impact assessment efforts;
11.Also invites Parties, other Governments and relevant organizations, including the Food and
Agriculture Organization of the United Nations, the United Nations Division for Ocean Affairs and Law
of the Sea, the Intergovernmental Oceanographic Commission of the United Nations Educational,
Scientific, and Cultural Organization, and the International Maritime Organization, to cooperate in further
developing and applying effective options for preventing and mitigating the adverse impacts of human
activities to selected seabed habitats, and make available information on their experiences and casestudies on and lessons learned from developing and applying these options, and requests the Executive
Secretary, in collaboration with relevant organizations, to compile and disseminate such information
through the clearing-house mechanism and other means of communication;
12.Expresses its gratitude to the Government of Portugal for hosting and providing financial support for
the Expert Workshop on Ecological Criteria and Biogeographic Classification Systems for Marine Areas
in Need of Protection, held in the Azores, Portugal, from 2 to 4 October 2007, and to other Governments
and organizations for sponsoring the participation of their representatives;
13.Welcomes the report of the Expert Workshop on Ecological Criteria and Biogeographic Classification
Systems for Marine Areas in Need of Protection;
14.Adopts the scientific criteria, as contained in annex I to the present decision, for identifying
ecologically or biologically significant marine areas in need of protection, and the scientific guidance,
contained in annex II to the present decision, for designing representative networks of marine protected
areas, as recommended by the Expert Workshop on Ecological Criteria and Biogeographic Classification
Systems for Marine Areas in Need of Protection, and requests the Executive Secretary to transmit the
information contained in annex I and II to the present decision to the relevant General Assembly
processes;
15.Recognizes that when new scientific information, as well as experiences and results from the practical
application, are made available, there may be a need to scientifically review the criteria in annex I to the
present decision and scientific guidance in annex II, and decides to consider the need to establish a
mechanism for such a review at a future meeting of the Subsidiary Body on Scientific, Technical and
Technological Advice after the tenth meeting of the Conference of the Parties;
16.Takes note of the four initial steps to be considered in the development of representative networks of
marine protected areas, in annex III to the present decision, as recommended by the Expert Workshop on
Ecological Criteria and Biogeographic Classification Systems for Marine Areas in Need of Protection,
and requests the Executive Secretary to transmit this information, to the relevant United Nations General
Assembly processes;
17.Invites Parties, other Governments, the Food and Agriculture Organization of the United Nations, and
other relevant organizations, to submit to the Executive Secretary their views on, and experiences from,
the use of the scientific criteria in annex I to the present decision, the scientific guidance in annex II, and
the four initial steps in annex III, 39 and requests the Executive Secretary to compile these views and
make them available to Parties as part of the efforts to further improve the criteria, scientific guidance,
and steps;
18.Urges Parties, and invites other Governments, and relevant organizations to apply, as appropriate, the
scientific criteria in annex I to the present decision, the scientific guidance in annex II, and initial steps in
annex III, to identify ecologically or biologically significant and/or vulnerable marine areas in need of
protection, with a view to assist the relevant processes within the General Assembly and implement
conservation and management measures, including the establishment of representative networks of
marine protected areas in accordance with international law, including the United Nations Convention on
the Law of the Sea, and recognizing that these criteria may require adaptation by Parties if they choose to
apply them within their national jurisdiction noting that they will do so with regard to national policies
and criteria;
19.Further decides to convene an expert workshop, including scientific and technical experts from
different Parties, other Governments and relevant organizations, with balanced regional and sectoral
participation and using the best available information and data at the time, in order to provide scientific
and technical guidance on the use and further development of biogeographic classification systems, and
guidance on the identification of areas beyond the national jurisdiction, which meet the scientific criteria
in annex I to the present decision. The workshop will review and synthesize progress on the identification
of areas beyond national jurisdiction which meet the scientific criteria in annex I to the present decision,
and experience with the use of the biogeographic classification system, building upon a compilation of
existing sectoral, regional and national efforts, and requests the Executive Secretary to transmit the
results of this workshop to a future meeting of the Subsidiary Body on Scientific, Technical and
Technological Advice for its consideration prior to the tenth meeting of the Conference of Parties with a
view to assisting the United Nations General Assembly. This workshop shall not consider issues relating
to management and only provides scientific and technical information and guidance;
20.Invites Parties, other Governments, and relevant organizations to provide relevant information
concerning the objectives of the workshop referred to paragraph 19 above and on the progress towards
the 2012 target to the Executive Secretary for compilation and provision to the expert workshop;
21.Acknowledges and welcomes the work undertaken by regional agreements and conventions in setting
up such networks, in accordance with international law, and encourages cooperation and collaboration
and capacity-building amongst existing bodies;
22.Recognizes that strong evidence has been compiled, that emphasizes the need for urgent action to
protect biodiversity in selected seabed habitats and marine areas in need of protection in accordance with
the precautionary approach and international law, including the United Nations Convention on the Law of
the Sea;
23.Urges Parties, other Governments and relevant organizations to undertake further research to improve
understanding of marine biodiversity, especially in selected seabed habitats and marine areas in need of
protection, including, in particular, elaboration of inventories and baselines to be used for, inter alia,
assisting in the assessment of the status and trends of marine biodiversity and habitats, paying special
attention to those ecosystems and critical habitats that are relatively unknown;
24.Calls upon Parties, other Governments and relevant organizations to collaborate on capacity
development in developing countries, particularly the least developed countries and small island
developing States among them, as well as countries with economies in transition, for the application of
the scientific criteria in annex I to the present decision and the scientific guidance in annex II, and for the
mitigation of the significant adverse impacts of human activities in marine areas;
25.Calls upon Parties, other Governments and relevant organizations to collaborate with developing
countries, particularly the least developed countries and small island developing States among them, as
well as countries with economies in transition, in enhancing their scientific, technical and technological
capacities to engage in activities aimed at conservation and sustainable use of marine biodiversity,
including through specialized training, participation in research, and regional and subregional
collaborative initiatives;
26.Invites Parties to promote full and effective participation of indigenous and local communities, in
accordance with the national legislation and applicable international obligations, when establishing new
marine protected areas; also noting the United Nations Declaration on the Rights of Indigenous Peoples;
40
27.Calls on Parties to integrate the traditional, scientific, technical and technological knowledge of
indigenous and local communities, consistent with Article 8(j) of the Convention, and to ensure the
integration of social and cultural criteria and other aspects for the identification of marine areas in need of
protection as well as the establishment and management of marine protected areas.
28.Welcomes the offer by the Government of Canada to host, and the Government of Federal Republic of
Germany to co-fund, the expert workshop referred to in paragraph 19 above.
Annex I
SCIENTIFIC CRITERIA FOR IDENTIFYING ECOLOGICALLY OR BIOLOGICALLY
SIGNIFICANT MARINE AREAS IN NEED OF PROTECTION IN OPEN-OCEAN WATERS
AND DEEP-SEA HABITATS 41
Criteria
Definition
Rationale
Examples
Consideration in
application
Uniqueness or Area contains either (i)
rarity
unique (“the only one
of its kind”), rare
(occurs only in few
locations) or endemic
species, populations or
communities, and/or
(ii) unique, rare or
distinct, habitats or
ecosystems; and/or
(iii) unique or unusual
geomorphological or
oceanographic features
Irreplaceable
Loss would mean
the probable
permanent
disappearance of
diversity or a
feature, or
reduction of the
diversity at any
level.
Open ocean waters
Sargasso Sea, Taylor
column, persistent
polynyas.
Deep-sea habitats
endemic communities
around submerged
atolls; hydrothermal
vents; sea mounts;
pseudo-abyssal
depression
Risk of biased-view
of the perceived
uniqueness
depending on the
information
availability
Scale dependency of
features such that
unique features at
one scale may be
typical at another,
thus a global and
regional perspective
must be taken
Special
Areas that are required
importance for for a population to
life-history
survive and thrive.
stages of
species
Various biotic
and abiotic
conditions
coupled with
species-specific
physiological
constraints and
preferences tend
to make some
parts of marine
regions more
suitable to
Area containing: (i)
breeding grounds,
spawning areas, nursery
areas, juvenile habitat
or other areas important
for life history stages of
species; or (ii) habitats
of migratory species
(feeding, wintering or
resting areas, breeding,
moulting, migratory
routes).
Connectivity
between life-history
stages and linkages
between areas:
trophic interactions,
physical transport,
physical
oceanography, life
history of species
Sources for
information include:
e.g. remote sensing,
Criteria
Definition
Rationale
Examples
particular lifestages and
functions than
other parts.
Consideration in
application
satellite tracking,
historical catch and
by-catch data, vessel
monitoring system
(VMS) data.
Spatial and temporal
distribution and/or
aggregation of the
species.
Importance for
threatened,
endangered or
declining
species and/or
habitats
Area containing
habitat for the survival
and recovery of
endangered,
threatened, declining
species or area with
significant
assemblages of such
species.
To ensure the
restoration and
recovery of such
species and
habitats.
Areas critical for
threatened, endangered
or declining species
and/or habitats,
containing (i) breeding
grounds, spawning
areas, nursery areas,
juvenile habitat or other
areas important for life
history stages of
species; or (ii) habitats
of migratory species
(feeding, wintering or
resting areas, breeding,
moulting, migratory
routes).
Includes species with
very large geographic
ranges.
In many cases
recovery will require
reestablishment of
the species in areas
of its historic range.
Sources for
information include:
e.g. remote sensing,
satellite tracking,
historical catch and
by-catch data, vessel
monitoring system
(VMS) data.
Vulnerability,
fragility,
sensitivity, or
slow recovery
Areas that contain a
relatively high
proportion of sensitive
habitats, biotopes or
species that are
functionally fragile
(highly susceptible to
degradation or
depletion by human
activity or by natural
events) or with slow
recovery.
The criteria
indicate the
degree of risk
that will be
incurred if
human activities
or natural events
in the area or
component
cannot be
managed
effectively, or are
pursued at an
unsustainable
rate.
Vulnerability of species
Inferred from the
history of how species
or populations in other
similar areas responded
to perturbations.
Species of low
fecundity, slow growth,
long time to sexual
maturity, longevity (e.g.
sharks, etc).
Species with structures
providing biogenic
habitats, such as
deepwater corals,
sponges and bryozoans;
deep-water species.
Vulnerability of
habitats
Ice-covered areas
Interactions between
vulnerability to
human impacts and
natural events
Existing definition
emphasizes site
specific ideas and
requires
consideration for
highly mobile
species
Criteria can be used
both in its own right
and in conjunction
with other criteria.
Criteria
Definition
Rationale
Examples
Consideration in
application
susceptible to shipbased pollution.
Ocean acidification can
make deep-sea habitats
more vulnerable to
others, and increase
susceptibility to humaninduced changes.
Biological
productivity
Area containing
species, populations or
communities with
comparatively higher
natural biological
productivity.
Important role in
fuelling
ecosystems and
increasing the
growth rates of
organisms and
their capacity for
reproduction
Frontal areas
Upwellings
Hydrothermal vents
Seamounts polynyas
Can be measured as
the rate of growth of
marine organisms
and their populations,
either through the
fixation of inorganic
carbon by
photosynthesis,
chemosynthesis, or
through the ingestion
of prey, dissolved
organic matter or
particulate organic
matter
Can be inferred from
remote-sensed
products, e.g., ocean
colour or processbased models
Time-series fisheries
data can be used, but
caution is required
Biological
diversity
Area contains
comparatively higher
diversity of
ecosystems, habitats,
communities, or
species, or has higher
genetic diversity.
Important for
evolution and
maintaining the
resilience of
marine species
and ecosystems
Sea-mounts
Fronts and convergence
zones
Cold coral communities
Deep-water sponge
communities
Diversity needs to be
seen in relation to the
surrounding
environment
Diversity indices are
indifferent to species
substitutions
Diversity indices are
indifferent to which
species may be
contributing to the
value of the index,
and hence would not
pick up areas
important to species
Criteria
Definition
Rationale
Examples
Consideration in
application
of special concern,
such as endangered
species
Can be inferred from
habitat heterogeneity
or diversity as a
surrogate for species
diversity in areas
where biodiversity
has not been sampled
intensively.
Naturalness
Area with a
comparatively higher
degree of naturalness
as a result of the lack
of or low level of
human-induced
disturbance or
degradation.
To protect areas
with near natural
structure,
processes and
functions
To maintain
these areas as
reference sites
To safeguard and
enhance
ecosystem
resilience
Most ecosystems and
habitats have examples
with varying levels of
naturalness, and the
intent is that the more
natural examples
should be selected.
Priority should be
given to areas having
a low level of
disturbance relative
to their surroundings
In areas where no
natural areas remain,
areas that have
successfully
recovered, including
reestablishment of
species, should be
considered.
Criteria can be used
both in their own
right and in
conjunction with
other criteria.
Annex II
SCIENTIFIC GUIDANCE FOR SELECTING AREAS TO ESTABLISH A REPRESENTATIVE
NETWORK OF MARINE PROTECTED AREAS, INCLUDING IN OPEN OCEAN WATERS
AND DEEP-SEA HABITATS 42
Required
network
properties and
components
Definition
Applicable site specific considerations
(inter alia)
Ecologically and
biologically
Ecologically and biologically significant
areas are geographically or
Uniqueness or rarity
Special importance for life history stages
Required
network
properties and
components
Definition
Applicable site specific considerations
(inter alia)
significant areas
oceanographically discrete areas that provide
important services to one or more
species/populations of an ecosystem or to
the ecosystem as a whole, compared to other
surrounding areas or areas of similar
ecological characteristics, or otherwise meet
the criteria as identified in annex I to
decision IX/20.
of species
Importance for threatened, endangered
or declining species and/or habitats
Vulnerability, fragility, sensitivity or
slow recovery
Biological productivity
Biological diversity
Naturalness
Representativity
Representativity is captured in a network
when it consists of areas representing the
different biogeographical subdivisions of the
global oceans and regional seas that
reasonably reflect the full range of
ecosystems, including the biotic and habitat
diversity of those marine ecosystems.
A full range of examples across a
biogeographic habitat, or community
classification; relative health of species
and communities; relative intactness of
habitat(s); naturalness
Connectivity
Connectivity in the design of a network
allows for linkages whereby protected sites
benefit from larval and/or species
exchanges, and functional linkages from
other network sites. In a connected network
individual sites benefit one another.
Currents; gyres; physical bottlenecks;
migration routes; species dispersal;
detritus; functional linkages. Isolated
sites, such as isolated seamount
communities, may also be included.
Replicated
Replication of ecological features means that
ecological features more than one site shall contain examples of
a given feature in the given biogeographic
area. The term “features” means “species,
habitats and ecological processes” that
naturally occur in the given biogeographic
area.
Accounting for uncertainty, natural
variation and the possibility of
catastrophic events. Features that exhibit
less natural variation or are precisely
defined may require less replication than
features that are inherently highly
variable or are only very generally
defined.
Adequate and
viable sites
Adequacy and viability will depend on
size; shape; buffers; persistence of
features; threats; surrounding
environment (context); physical
constraints; scale of features/processes;
spillover/compactness.
Adequate and viable sites indicate that all
sites within a network should have size and
protection sufficient to ensure the ecological
viability and integrity of the feature(s) for
which they were selected.
Annex III
FOUR INITIAL STEPS TO BE CONSIDERED IN THE DEVELOPMENT
REPRESENTATIVE NETWORKS OF MARINE PROTECTED AREAS:
OF
1.Scientific identification of an initial set of ecologically or biologically significant areas. The criteria in
annex I to decision IX/20 should be used, considering the best scientific information available, and
applying the precautionary approach. This identification should focus on developing an initial set of sites
already recognized for their ecological values, with the understanding that other sites could be added as
more information becomes available.
2.Develop/choose a biogeographic, habitat, and/or community classification system. This system should
reflect the scale of the application and address the key ecological features within the area. This step will
entail a separation of at least two realms–pelagic and benthic.
3.Drawing upon steps 1 and 2 above, iteratively use qualitative and/or quantitative techniques to identify
sites to include in a network. Their selection for consideration of enhanced management should reflect
their recognised ecological importance or vulnerability, and address the requirements of ecological
coherence through representativity, connectivity, and replication.
4.Assess the adequacy and viability of the selected sites. Consideration should be given to their size,
shape, boundaries, buffering, and appropriateness of the site-management regime.
IX/19
IX/21
37 Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14
June 1992, vol. I, Resolutions Adopted by the Conference (United Nations publication, Sales No. E.93.I.8
and corrigendum), resolution 1, annex I.
38 There exists a disclaimer: "The material and geographic designations in this map do not imply the
expressions of any opinion whatsoever on the part of UNEP-WCMC concerning the legal status of any
country, territory, or area, or concerning the delimitation of its frontiers or boundaries. (c) UNEPWCMC, 2007."
39 A Party expressed the view that proposals on ways and means for coordination, management and
control in these areas should also be included.
40 General Assembly resolution 61/295 of 13 September 2007, annex.
41 Referred to in paragraph 1 of annex II to decision VIII/24.
42 Referred to in paragraph 3 of annex II of decision VIII/24.