building capacity on protected areas law & governance€¦ · ppt file · web view ·...

Building Capacity on Protected Areas Law & Governance

Marine Protected Areas – Part ISpecial Features and International Law

Module 10


Marine Protected Areas – Part I

MPAs are an essential tool for conserving marine and coastal biodiversity and meeting national and global targets for marine protection.

Marine environments have special features and needs, when compared to terrestrial environments, that require special attention in PA law.

International law obligations and guidance specific to marine environments should guide development of MPAs and their laws.

MPAs have special connectivity conservation needs to take into account and these also require a supportive legal framework.

Overview of the Seminar

Special Features

International Law

Marine Connectivity

Evolving Role of MPAs

Objectives

Review the evolving role of MPAs for conserving and sustaining marine biodiversity and ecosystems.

Outline main international law obligations and guidance in marine conservation and MPAs.

Identify special characteristics of marine and coastal environments needing attention in MPA law.

Provide an overview of special marine connectivity features needing attention to support MPA development

and sustainability.

Outcomes

Understanding of the evolving role of MPAs for conserving and sustaining marine biodiversity and ecosystems.

Knowledge of the main international law obligations and guidance in marine conservation and MPAs.

Awareness of special features of marine connectivityneeding attention to support MPA development and sustainability.

Knowledge of the special characteristics of marine and coastal environments needing attention in MPA law.


Special Features

International Law

Marine Connectivity


Evolving role of MPAs

Expandedmarine jurisdiction

Scientific advances

Modern definitions

Historical development

New global targets

Historical development

Change in focus

original

fisheries

archeological sites

today

biodiversity

ecosystems

Change in approach

broader

more science-based

… Historical developmentFirst norms

hundreds of years ago

Early MPA legislation

fisheries laws

cultural/historic sites

limited scientific understanding

fisheries practices/controls

traditional/community driven

Expanded marine jurisdiction

Exclusive Economic Zone (EEZ)

Coastal and near-shore waters

Marine areas under national jurisdiction

Areas may be larger than land areas

Governed by global oceans law

Scientific advances

>90 % of the planet’s biologically useful habitat

70 % of the world’s surface

among most threatened ecosystems

Marine and coastal zones

most life on earth

The oceans

97% of the world’s water

ecosystem services

climate and weather

food

billions of USD

… Scientific advances

MPAs recognized as essential

conserving biodiversity

sustaining ecosystems

restoring marine living resources

Under many namesmarine park

marine reserve

marine sanctuary

Modern definitions

IUCN

… a clearly defined geographical space recognized, dedicated and managed, through legal and other effective means, to achieve the long term conservation of nature with associated ecosystem services and cultural values.

generic PA definition applies

CBD

… any defined area within or adjacent to the marine environment, together with its overlying waters and associated flora, fauna and historical and cultural features, which has been reserved by legislation or other effective means, including custom, with the effect that its marine and/or coastal biodiversity enjoys a higher level of protection [than its] surroundings.

New global targetsAichi Biodiversity Targets

By 2020, at least … 10% of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscapes and seascapes.

effectively and equitably managed

ecologically representative

well connected systems

area-based conservation

integrated into surroundings

Target 1110% of coastal/marine areas

New global targets

Present coverage

4%

Near coastal areas 7.2%

Total marine areas under national jurisdiction

Additional protection to achieve Aichi Target 11

Marine areas under national jurisdiction 8 million sq. km.

Global targetsGlobal Marine Protected Area Coverage

1.6% of entire ocean6 million sq km


Special Features


Special threats

Special management challenges

Special characteristics

Special features

Special characteristics

Three-dimensional space

Vastly extended areas

Deepwater zones

Large-scale connectivity

Sharing high seas processes

Limited scientific knowledge

Special threats

Habitat destruction

Unsustainable fishing

Land-based pollution

Climate change

Special threats: Coastal habitat loss

… Special threats

warming sea temperatures

acidification

sea level rise

advancing salinity

extreme weather events

shifting species range

changing ocean currents

Climate change

Special management challenges…

Exceptionally large areas

Less experience

Special equipment

Near shore vs. deepwater

High seas connection


Multiple stakeholders

Complex property rights

Less conservation awareness

Diverse rights/interests

Special management challenges


Special Features

International Law


International Law

UNCLOS

IMO

global oceans law

CBD

Ramsar

global conservation treaties

WHC

CMS

regional instruments

Global oceans law

Obligations

protect marine environment

control marine pollution

protect ecosystems/habitat

Defines 5 ocean zones

Law of the Sea Convention

… Global oceans law Maritime zones under UNCLOS

MPA designations

Particularly Sensitive Sea Areas

Special Areas

Guidelines

International Maritime Organization (IMO)

… Global oceans law

Global conservation treaties

Convention on Biological Diversity

Global targets

Guidance and criteria

Application

… Global conservation treaties Table III(2)-3: CBD guidance on marine and coastal protected areas and networks

Scientific criteria for identifying ecologically or biologically significant marine areas in need of protection in open-ocean waters and deep-sea habitats (Annex 1)

Scientific guidance for selecting areas to establish a representative network of marine protected areas, including in open ocean waters and deep-sea habitats (Annex II)

Criteria ● Uniqueness or rarity—with respect to (1)

endemic species, populations or communities, (2) habitats or ecosystems, or (3) unusual geomorphological or oceanographic features

● Special importance for life history stages of

species—required for a population to survive and thrive

● Importance of threatened, endangered or

declining species and/or habitats—containing habitat for survival or recovery of endangered, threatened or declining species, or areas with significant assemblages of such species

● Vulnerability, fragility, sensitivity or slow

recovery—relatively high proportion of sensitive habitats, biotopes or species that are functionally fragile or with slow recovery

● Biological productivity—containing species,

populations or communities with comparatively higher natural biological productivity

● Biological diversity—comparatively higher

diversity of ecosystems, habitats, communities or species, or higher genetic diversity

● Naturalness—comparatively higher degree of

naturalness as a result of the lack of or low level of human-induced disturbance or degradation

Required network properties and components ● Ecologically and biologically significant areas—

geographically or oceanographically discrete areas with important services to one or more species/populations of an ecosystem or to the ecosystem as a whole, as compared to other surrounding areas or areas of similar ecological characteristics

● Representativity—when the network consists of

areas representing different biogeographical subdivisions of the global oceans and regional seas that reasonably reflect the full range of ecosystems, including biotic and habitat diversity

● Connectivity—to allow linkages whereby

protected sites benefit from larval and/or species exchanges, and functional linkages from other network sites (i.e., individual sites benefit one another)

● Replicated ecological features—more than one

site in the given biogeographic area containing examples of a given feature or features (species, habitats and ecological processes) that naturally occur in that area

● Adequate and viable sites—all sites within a

network should have size and protection sufficient to ensure the ecological viability and integrity of the features for which they were selected

Source: Adapted from CBD COP 2008 IX/20, Annex I and Annex II.

Convention on Biological Diversity

Ramsar Convention

“Wetlands” includes coastal zones

World Heritage Convention

Marine Programme

Convention on Migratory SpeciesAgreements on marine species

Cetaceans

Manatees

sharks

waterbirdsSea turtles

Monk seals

… Global conservation treaties

Regional instrumentsTwo broad approaches

Directly call for MPAs General obligations for marine protection

Regional Seas Programme

MPAs = tool to implement

EU Natura 2000

OSPAR Convention

national or transboundary


Special Features

International Law

Marine Connectivity


Marine Connectivity

What is marine connectivity

International law

Managing for marine connectivity

What is Marine Connectivity

What is Marine ConnectivityBetween populations

Exchange of eggs, larvae, juveniles, adults

between sites

Movement of nutrients, sediments, pollution and other items

Challenges

Complex interactions/linkages


Landscape concept Landscape example Seascape example

Matrix Dominant element in a landscape

Sand or seagrass

Patch Basic spatial element in a landscape

Mangrove, seagrass, reef

Mosaic Combination of different types of patches

Patches of sand, mangrove, seagrass, reef

Stepping stone Small row of patches Seagrass patch connecting reef patches in sand matrix

Landscape/seascape concepts

What is Marine Connectivity?: seascape patches and connectivity


Sea turtle migrations

Connections of adjacent/continuous habitats

Regular larval dispersal

Regular settlement of larvae

Movement of mature marine life

How connectivity happens

International law

Global oceans law

Global conservation treaties

Regional instruments

International programmes

Marine connectivity broadly supported


Key managementprinciples

Large spatial scale

MPAs for highest value sites

Integrate into seascapes/landscapes

Take into accountclimate change


Legal tools

Large marine ecosystems (LME)

Marine spatial planning (MSP)

Ocean zoning

Integrated coastal/ocean management


Special Features

International Law

Marine Connectivity


Objectives

Review the evolving role of MPAs for conserving and sustaining marine biodiversity and ecosystems.

Outline main international law obligations and guidance for marine conservation and MPAs.

Identify special characteristics of marine and coastal environments needing attention in MPA law.

Provide an overview of special marine connectivity features needing attention to support MPA development

and sustainability..

Outcomes

Understanding of the evolving role of MPAs for conserving and sustaining marine biodiversity conservation..

Knowledge of the main international law obligations and guidance in marine conservation and MPAs.

Awareness of special features of marine connectivity needing attention to support MPA development and sustainability.

Knowledge of the special characteristics of marine and coastal environments needing attention in MPA law.

Core Texts

15 Case Studies 5 Case Studies


Module 10

Marine Protected Areas -- Part I

SeminarPresentation Exercises

knowledge transfer skills development

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