Module 11 marine protected areas

-Module 11-

marine protected areas

-special legal considerations for

national frameworks-

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  Nature of the Exercise
  

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  Knowledge-reinforcing exercise
  
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  Legal analysis in small groups
  
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  Providing practical legal advice
  
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  Discussion forum
  

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  Purpose of the Exercise
  

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  Give Learners practice reading and analysing protected areas legal provisions for MPAs.
  
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  Provide Learners with an opportunity to practically apply their knowledge regarding the special considerations applicable to MPAs and how to address those in legislation.
  
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  Build/improve legal analysis and drafting skills.
  

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  Structure of the Exercise (times are indicative, may vary according to audience and setting)
  

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  Introduction by Educator (15 minutes)
  
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  Small group work (60 minutes)
  
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  Joint class discussion (45 minutes)
  

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  Methodology/Procedure
  

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  Divide Learners into small groups.
  
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  Introduction to the Exercise – facilitated by pre-prepared presentation (15 minutes)
  

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  Explain the nature and purpose of the Exercise.
  
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  Briefly introduce the law which will be the focus of the Exercise (use either the hypothetical/generic example provided in Annex B, or an existing law relevant to the Learners’ context; where feasible, identification of existing laws is encouraged, even if the generic example also is used).
  
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  Introduce the task – explain that the relevant Government has assigned them the task of reviewing the law and making recommendations regarding its strong points and areas where strengthening and amendment may be needed to effectively address the special considerations of MPAs.
  
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  Instruct the groups to read carefully through the generic law (or other assigned law). Drawing from the knowledge conveyed in the Seminar Presentation, work together to discuss the law, identify its strong points and areas that need strengthening through amendments, focusing on each of the following provisions, one by one:
  

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  Definitions
  
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  Scope of application of the law
  
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  Provisions relating to objectives and strategic planning
  
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  Institutional and governance arrangements
  
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  Establishment and management
  
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  Regulation of activities
  
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  Compliance and enforcement
  

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  Instruct the groups also to analyze whether the law overall adequately incorporates connectivity conservation concepts and identify any other overall concepts or issues to point out as part of their recommendations, where considered important.
  
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  Instruct the group to nominate a scribe to record the recommendations, and nominate a rapporteur to report back to the joint group.
  
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  Highlight that there is no one correct answer and that the purpose of the exercise is to become familiar with legal provisions and how concepts may be introduced specifically for MPA law. Indicate that the groups will have 60 minutes to complete the task and that they may use a pre-prepared common Worksheet (Annex C) to record their notes and recommendations, which will be distributed to them in advance.
  

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  Small group exercise (60 minutes)
  

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  During this time the Learners will complete the task outlined above.
  
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  The Educator will rotate among the groups to answer questions, prompt ideas, and stimulate discussion.
  
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  The Educator with facilitate the work of the Learners by providing copies of any of the slides shown in the pre-prepared Presentation that he/she feels may be helpful, plus the Worksheet, additional paper and pens/pencils as needed and useful.
  

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  Joint group discussion (45 minutes)
  

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  All Learners will then come back together and the rapporteur for each group will give highlights of its findings, supplemented with additional comments or questions from other Learners in that group or the other group. The Educator, drawing on the contributions of the Learners, will then present an analysis of the relevant law and the recommendations for amendment, using the Summary of Possible Responses (Annex D) as helpful. If the hypothetical law is the focus of the Exercise, the Educator may wish to provide a hard copy of the Annex D and work through it systematically with the Learners.
  

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  Additional notes for educator
  

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  Hypothetical example of a Marine Protected Areas Act (Annex B):
  

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  This example provides framework provisions normally included in some form in MPA legislation that provide the focus for the exercise. This example has been prepared to reinforce and apply knowledge learned in the Seminar presentation of Module 11. Its purpose is to have Learners identify key legal elements needing special attention for MPAs, especially strong points, gaps and areas for strengthening through amendment. The example is not comprehensive. A complete MPA law would be more expansive in containing also the many generic elements needed in PA law as well as MPA-specific needs, and these may be amplified for the particular situation.
  
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  It is important to emphasize that a country’s legal framework for MPAs must be tailored to the specific international obligations, conservation values and goals, vision, capacity, implementation feasibility, and legal system of the country. In that sense, there is no model law, but rather guidelines that can outline key elements and considerations. This example of an MPA Act and the associated exercise is provided in that context.
  
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  The Educator may want to substitute the hypothetical example with an actual law from their region/jurisdiction in which case he/she would need to adapt the Annexes accordingly.
  
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  The Educator may want to edit/simplify the hypothetical example depending on the level of capacity of the Learners in which case he/she would need to adapt the Annexes accordingly.
  

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  Worksheet for Learners (Annex C):
  

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  Annex C provides a pre-prepared worksheet which the Educator may distribute to the Learners for their use recording notes and recommendations they decide are important with respect to specific provisions of the hypothetical example (or actual law). Alternatively or in combination, the Educator may distribute paper and pencils for the Learners to record their notes and recommendations. If the Educator is using an actual law for this exercise, this Annex would need to be adapted.
  
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  It is important to remind the Learners that as part of preparation tasks when reviewing, advising on or drafting MPA legal provisions that other laws and regulations also may need to be reviewed and, as needed, amended to ensure harmonization, and avoid gaps and conflicts. Those considerations are beyond the scope of this exercise.
  
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  Depending on the audience and setting, the Educator may ask the groups also to identify what other laws may need to be reviewed and other sectors that may need to be consulted as background to providing sound advice for strengthening or preparing a new MPA law.
  

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  Summary of Possible Responses (Annex D):
  

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  This Annex provides analysis and, as appropriate, recommendations in specific Articles of the Marine Protected Areas Act where revisions or strengthening would be important to consider. It is important to keep in mind when advising on or drafting legislative provisions for MPAs that other laws and regulations also may need to be reviewed and, as needed, amended to ensure harmonization across the legal framework, and avoid gaps and conflicts. If the Educator is using an actual law, this Annex would need to be adapted.
  
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  When going through these possible responses with the Learners, the Educator should stress again that there is no one correct answer and that the purpose of the exercise is to become familiar with legal provisions and how concepts may be introduced specifically for MPA law. The Educator may want to provide this Annex as a hand-out either during the discussion or thereafter.
  

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  Introductory presentation
  
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  Map of the case study (Annex A)
  
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  Hypothetical/generic MPA law (Annex B)
  
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  Worksheet for Learners (Annex C)
  
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  Summary of Possible Responses (for Educator) (Annex D)
  

(2) Subject to direction from the Minister, the Director of the Department of Protected Areas shall have day-to-day responsibility for implementation of this Act and the marine and coastal protected areas established and managed under this Act as an integral part of the national protected area system.

(3) The Director, under the direction of the Minister, shall undertake ongoing interagency cooperation and collaboration with other sectors and interests having powers and activities with respect to the marine environment, including sectors responsible for fisheries, tourism, navigation, ports, coast guard, customs and commerce, coastal development, and energy. for the purpose of minimizing operational conflicts and maximizing opportunities to support each other in management, research, monitoring, compliance, and enforcement.

(4) The Director may, with the approval of the Minister, use existing mechanisms for interagency cooperation and collaboration with other sectors and interests or establish special advisory committees, including committees for science and technology to advise on any matters under this Act.

(5) The Director must consult and have regard to the views, interests, and rights of indigenous and local communities with respect to the establishment and management of any MPAs pursuant to this Act and the exercise of powers where those interests or rights may be affected.
Article 8: Establishment of MPAs
(1) An MPA established under this Act shall be a marine or coastal protected area that is a clearly defined geographical space recognized, dedicated and managed through legal means to achieve the long-term conservation of nature with associated ecosystem services and cultural values.

(2) The Minister may propose designating any defined area of the marine environment as a marine or coastal protected area and enact regulations implementing the designation consistent with its conservation and management objectives.

(3) In making a proposal under subsection (1), the Minister shall determine that the following standards are met –

1. 
   the area fulfills the objectives of this Act;
   
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   the area is of special significance due to its conservation, recreational, ecological, historical, scientific, cultural, archaeological, geological, educational, or esthetic qualities;
   
3. 
   the area is of a size and nature that will permit effective conservation and management over the long-term.
   

1. 
   the area’s biodiversity and ecological qualities, critical habitat of endangered or threatened marine species, and threats to the area and species;
   
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   present and potential uses of the area that depend on maintaining the area’s resources, including indigenous and local community fishing activities, recreation, research, and education;
   
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   the area’s scientific value overall and value as an addition to the MPA Network pursuant to Article 10 below;
   
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   existing use rights to the area, including traditional or customary rights;
   
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   the manageability of the area, including such factors as its size and ability to be identified as a discrete ecological unit with clear, definable boundaries for management, monitoring, and enforcement.
   

(6) The Director shall involve relevant stakeholders at an early stage in development of proposals for designation of an area to be an MPA under this Act.

(7) Formal designation of an area to be an MPA under this Act shall be by act of Parliament, upon referral of the Minister, along with accompanying documentation on the proposed classification under Article 10 below and legally-defined boundaries.

(8) Any de-establishment of an MPA established under this Act or change in legally-defined boundaries shall require the same procedures as outlined in this section for designation.

1. 
   marine reserve -- for the conservation of high-value biodiversity, unique habitats, endangered or threatened species and their habitats, or other marine resources or habitat necessary to fulfill the objectives of this Act, where human use and impacts are strictly controlled and limited to ensure protection of the area’s conservation values;
   
2. 
   marine park -- where the area is large and natural or near-natural, set aside to protect large-scale ecological processes along with their species and ecosystems and where compatible scientific, educational, cultural, and recreational opportunities may exist;
   
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   marine monument -- protecting a specific natural monument which may be a sea mount, submarine cavern, archeological site, geological features or other special feature with high visitor value;
   
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   marine management area, including a marine mammal sanctuary -- aimed to protect particular species or habitat where management is directed to this priority;
   
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   marine conservation area -- where interaction of people and nature in the coastal zone or ocean waters has produced an area of distinct character with significant ecological, biological, cultural and scenic value;
   
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   as a sustainable use marine area where a portion of the area is under sustainable low-level non-industrial use of the natural resources compatible with long-term nature conservation.
   

(2) The MPA Network shall be a representative network of marine and coastal protected areas protecting the full range of natural marine and coastal habitats and ecosystems in Atlantis.

(3) Areas selected as MPAs to be part of the MPA Network shall consist of areas that support and advance the representativeness and comprehensiveness of the MPA network and provide flexibility and resilience for climate change and other unanticipated impacts.

(4) Marine and coastal protected areas created under other statutory or customary laws may be recognized as part of the MPA Network so long as they are managed primarily for conservation and are in accordance with the objectives and management requirements of this Act.

(2) The Director shall take a collaborative approach to managing activities in and surrounding MPAs, coordinating with other government entities, MPA users, interested individuals and organizations to augment, reinforce, and help with compliance and enforcement of regulations for the MPAs.

(3) The Director shall prepare and make available for public comment and participation a draft management plan for any proposed MPA under this Act. This plan shall include the proposed classification or designation of the area, a description of the geographic area proposed to be included, and other information important for guiding management of the area according to its significant natural values, primary conservation objectives, and the contribution it will make to the MPA Network.

(4) The Director shall consider all written submissions and comments received at public hearings and any advice from scientific advisors and stakeholders and revised the draft management plan to take account of those submissions, comments, and advice.

(5) After making amendments, if any, to the draft management plan, the Director shall forward the plan to the Minister, who may approve the plan or refer it back to the Director for further consideration.

(6) The Director shall review and update each management plan for an MPA at least every five years following the considerations and process applicable to development of the original plan.

(2) The purpose of the regulations is to implement the designations of MPAs established under this Act as part of the MPA Network by regulating activities affecting them, consistent with their respective designations in order to protect, preserve, manage for, and ensure the health, integrity, and continued availability of the conservation, ecological, recreational, research, educational, historical, and aesthetic resources and qualities for which these areas have been designated.

(2) Regulations may be made for specific MPAs to address specific prohibitions and other activities that may be authorized by general rules or written permission pursuant to the specific designation of the area or specific zones within the area so long as consistent with those designations and the associated management plan.

(3) The Director may issue a written permit upon application and subject to conditions and fees, so long as consistent with the designation and management plan of the MPA and any additional regulations made under this Act, for the following:

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   scientific or research purposes;
   
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   salvage or recovery operations;
   
3. 
   law enforcement and national security;
   
4. 
   safety and emergencies.
   

(2) The Director, with the approval of the Minister, may negotiate agreements with other government agencies, local governments, and local coastal communities and commercial marine user groups to undertake surveillance and monitoring of coastal and marine areas, report on suspicious or offending behavior with respect to MPAs, and collaborate when offences are prosecuted.

(3) Any enforcement officers designated under subsection (1) or persons designated to implement an agreement under subsection (2) shall receive training appropriate to the assigned responsibilities and shall carry proper identification of designation in a form approved by the Minister.

(3) For purposes of ensuring compliance with this Act and its regulations, an enforcement officer may have powers of entry, inspection, stop and search and seizure as provided under the Criminal Code or Law.

(4) Any person who is found guilty of an offence under this Act or its regulations shall be punishable under the Criminal Code or Law by a fine not to exceed $500,000 and double that amount for a second or subsequent offence, and in addition the court may make an order containing additional prohibitions, directions, or requirements, including requiring the person to pay costs of restoring the marine environment that has been damaged and take any other action the court considers appropriate to remedy the harm to the marine environment or its resources that resulted or may result from the commission of the offence.

(5) To aid in compliance and enforcement, the Director shall make full use of technologies in remote sensing and satellite imaging to monitor vessel positions and shall make use of data collected by other government agencies, including on offshore intelligence and commercial fishing routes and catch reports.

(6) To promote compliance with this Act and its regulations, the Director shall support and develop programmes to build awareness about the role of MPAs and how communities and individuals can help, and such programmes should include the following –

1. 
   educational activities directed to different stakeholders and the general public on the objectives of the MPA network, activities that are permitted and prohibited in different sites, where boundaries are located, and ways the public and stakeholders can participate in surveillance and monitoring; and
   
2. 
   involving other sectors and user groups from the beginning in MPA design and management decisions, and developing partnership agreements with indigenous and local communities for governance and management of MPAs to help improve local compliance and, where appropriate, using local enforcement officers from those communities.
   

YOUR TASK