Building Capacity on Protected Areas Law & Governance

Building Capacity on Protected Areas Law & Governance
Module 10 Picture - View of North Sea from Sylt Island, the Northernmost point in Germany. © IUCN Photo Library/Karen Hoyer [IUCN Photo ID: 3750]. The North Sea in this area includes a number of marine protected areas recognized under the EU Natural initiative and the OSPAR Convention, including the Eastern German Bight and the Sytl Outer Reef. ( NOTES FOR EDUCATOR edits for August 2015 Provide brief context to the Module. Tenth Module in the IUCN Course on Building Capacity on Protected Areas Law and Governance. This Module is Part 1 of a two-part set of Modules, Module 11 being Part 2. This Part gives attention to the special science, management, international law, and connectivity considerations for marine and coastal protected areas (MPAs). These considerations need to be taken into account in MPA legal frameworks, the topic of Part 2 (Module 11). Where the situation permits, these Modules are best studied together in the order presented in this course. This Module serves to achieve four main purposes: It acquaints Learners with historical origins of MPAs and factors that have helped MPAs evolve to their present day-role. It introduces Learners to main features, threats, and management challenges of marine environments that require special attention in MPA legal frameworks. It provides an overview of main international law obligations and guidance on marine management and conservation relevant for MPA legislation. It introduces Learners to the connectivity conservation as it applies to the needs of MPAs. Marine Protected Areas – Part I Special Features and International Law

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. NOTES FOR EDUCATOR Highlight the above four key issues which have informed the rationale, form, content and structure of this Module. Marine Protected Areas – Part I

Overview of the Seminar
Evolving Role of MPAs Special Features International Law Picture - View of North Sea from Sylt Island, the Northernmost point in Germany. © IUCN Photo Library/Karen Hoyer [IUCN Photo ID: 3750]. NOTES FOR EDUCATOR This Seminar introduces Learners to four special issues for MPAs and MPA legal frameworks: Evolving Role of MPAs Historical development Expanded marine jurisdiction Scientific advances Modern definitions New global targets Special features. Special characteristics Special threats Special management challenges International law Global oceans law Global conservation treaties Regional instruments Marine connectivity What is marine connectivity Managing for marine connectivity Marine Connectivity

Objectives Review the evolving role of MPAs for conserving and sustaining marine biodiversity and ecosystems. Identify special characteristics of marine and coastal environments needing attention in MPA law. Outline main international law obligations and guidance in marine conservation and MPAs. Picture – Soft corals in the Beqa Lagoon, Vitu Levu, Fiji, © IUCN Photo Library/Klaus Jost [IUCN Photo ID: 4924] NOTES FOR EDUCATOR Highlight that the aim of this Module is for Learners to improve knowledge about the special science, management, international law, and connectivity considerations that need to be taken into account in marine and coastal protected area (MPA) legal frameworks. Then run through the specific Objectives of the Module as they appear on the slide, one at a time. 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 special characteristics of marine and coastal environments needing attention in MPA law. Knowledge of the main international law obligations and guidance in marine conservation and MPAs. Picture – Spinner dolphins swimming near the surface, Kealakekua Bay, Hawaii © IUCN Photo Library/Andre Seale [IUCN Photo ID: 4956]. Kealakekua Bay is a Hawai’ian Marine Life Conservation District ( NOTES FOR EDUCATOR Highlight that having completed the Module, Learners should have a basic understanding of the special science, management, international law, and connectivity considerations that need to be taken into account in MPA legal frameworks. Then run through the specific Outcomes of the Module as they appear on the slide, one at a time. Awareness of special features of marine connectivity needing attention to support MPA development and sustainability.

Evolving Role of MPAs Special Features International Law Picture - View of North Sea from Sylt Island, the Northernmost point in Germany. © IUCN Photo Library/Karen Hoyer [IUCN Photo ID: 3750]. NOTES FOR EDUCATOR Return to the Seminar Overview and indicate that the Seminar will now proceed to address each of the four main issues in turn, starting with the first issue: evolving role of MPAs. Marine Connectivity

Historical development
Evolving role of MPAs Historical development Expanded marine jurisdiction Scientific advances Modern definitions Picture – Humpback whale flipping tale off coast of Moloka’i, Hawai’i, taken January 20, 2005, Jim Harper / Wikimedia Commons / CC-BY-1.0. NOTES FOR EDUCATOR Highlight that there are five points to cover related to the evolving role of MPAs: Historical development Expanded marine jurisdiction Scientific advances Modern definitions New global targets New global targets

Historical development
Change in focus original today fisheries biodiversity archeological sites ecosystems Change in approach Picture – Humpback whale flipping tale off coast of Moloka’i, Hawai’i, taken January 20, 2005, Jim Harper / Wikimedia Commons / CC-BY-1.0. NOTES FOR EDUCATOR Start by asking Learners what they understand about marine protected areas from their experiences or education, what were the main reasons for establishment, main objectives, and entities involved. Once there has been some discussion, go through the two main points on the slide, one by one. Change in focus: Originally, MPAs were used as a management tool for fisheries resources (e.g., fish breeding areas) and to protect cultural and sacred sites (e.g., sunken ships, archeological ruins). This approach existed for hundreds of years in the form of traditional and community practices and gradually was supported by legislation. In recent decades, as more focus was put on protected areas as a key tool for biodiversity conservation, the focus for MPAs also turned to protecting marine biodiversity and ecosystems. Change in approach: This shift in the purpose of MPAs significantly broadened their role and was supported by improved scientific understandings about the important biodiversity and ecosystem values of the oceans and coastal areas that needed protecting. broader more science-based

… Historical development
First norms hundreds of years ago fisheries practices/controls traditional/community driven Early MPA legislation fisheries laws Picture – Humpback whale flipping tale off coast of Moloka’i, Hawai’i, taken January 20, 2005, Jim Harper / Wikimedia Commons / CC-BY-1.0. NOTES FOR EDUCATOR Continuing with the discussion of historical development of MPAs, now move to a brief review of how the MPA law developed. Go through the two main stages of historical development on the slide, one at a time. First norms -- Hundreds of years ago, traditional and community-driven controls and practices protected their fisheries resources through the use of marine protected areas as a management tool. Early MPA legislation -- Gradually, MPA legislation developed, normally under fisheries laws, to protect fish breeding areas and other areas critical for commercial fisheries. Early laws also protected cultural or historic marine sites (e.g., sunken ships). In these early days, however, scientific understanding of about the value and functions of marine ecosystems and biodiversity was very limited. cultural/historic sites limited scientific understanding

Expanded marine jurisdiction
Marine areas under national jurisdiction Governed by global oceans law Coastal and near-shore waters Exclusive Economic Zone (EEZ) Picture – Humpback whale flipping tale off coast of Moloka’i, Hawai’i, taken January 20, 2005, Jim Harper / Wikimedia Commons / CC-BY-1.0. NOTES FOR EDUCATOR Start by explaining that another change that has had significant impact on the evolving and growing role of MPAs is the expansion of marine areas under national jurisdiction. Ask Learners what they understand from their situations by ‘marine areas under national jurisdiction’. Following discussion, move to the points in the slide to explain how this concept developed and its impact: Governed by international oceans law – Under the United Nations Convention on the Law of the Sea (UNCLOS, covered in more detail in slides 30-31), the rights of coastal states to manage marine resources over vast parts of the ocean was significantly expanded. UNCLOS established a comprehensive framework for use of the world’s oceans and resources and this included defining internal waters of coastal states and offshore ocean zones. Coastal and near-shore waters – Historically, MPAs were largely established near the shore. Under UNCLOS, Coastal states had clarity that they could exercise maximum jurisdiction over all uses of their coastal and near-shore waters (called ‘internal waters’) out to the limit of their territorial sea (12 nautical miles seaward from land). This included full sovereignty in this zone to establish MPAs and regulate foreign ships. Exclusive Economic Zone (EEZ) – On the seaward extreme, the UNCLOS expanded authority to states to declare exclusive economic zones beyond and adjacent to their territorial seas out to a maximum of 200 nautical miles. In this zone, coastal states now had important rights and obligations to conserve and manage their natural resources, whether living or non-living, and opened the door to establishing more MPAs in deep waters and on a larger scale for ecosystem approach. Areas may be larger than land areas – In many coastal states which declared EEZs, the marine area under their national jurisdiction now covered an area larger than their entire land area, and in small coastal or island states, many times larger. If the class lends itself to more discussion, ask the students if they know whether their countries have declared EEZs, and how that may have expanded coverage of MPAs. The Educator also may ask the Learners to think of examples of coastal or island states where the EEZ covers an area larger than the land area. Areas may be larger than land areas

Scientific advances The oceans Marine and coastal zones
70 % of the world’s surface >90 % of the planet’s biologically useful habitat 97% of the world’s water most life on earth ecosystem services among most threatened ecosystems climate and weather Picture – Humpback whale flipping tale off coast of Moloka’i, Hawai’i, taken January 20, 2005, Jim Harper / Wikimedia Commons / CC-BY-1.0. NOTES FOR EDUCATOR Turn now to the third development in recent decades that has helped MPAs gain importance and scope – scientific advances. First, note that marine systems have not been as thoroughly studied as terrestrial systems. However, there have been major advances in marine science showing the critical roles of the oceans and coastal zones for biodiversity and humanity. Now go through the major advances indicated on the slide, one at a time. The oceans – Oceans make up about 70 per cent of the planet in terms of surface area and contain 97 per cent of its water. Their ecosystem functions and services are critical for human life. The oceans drive the planet’s climate and weather, and regulate temperature. They generate much of the oxygen in the atmosphere, absorb much of the carbon dioxide, and replenish fresh water for both land and sea through the formation of clouds. They also supply food and generate billions of dollars for national economies. Marine and coastal zones –Estimates are that the marine and coastal zones provide more than 90 per cent of the biologically useful habitat for life on Earth, including nearly all the major groups of animals, plants, and microbes. However, the Millennium Ecosystem Assessment of 2005 found that marine and coastal systems are among the most threatened on the planet. food billions of USD

… Scientific advances MPAs recognized as essential Under many names
conserving biodiversity sustaining ecosystems restoring marine living resources Under many names Picture – Humpback whale flipping tale off coast of Moloka’i, Hawai’i, taken January 20, 2005, Jim Harper / Wikimedia Commons / CC-BY-1.0. NOTES FOR EDUCATOR Continuing with the importance of science in advancing MPAs to their modern-day role, highlight the two points on this slide, one by one. MPAs recognized as essential – It is now recognized worldwide that MPAs are an essential tool for the conservation of marine and coastal biodiversity, sustaining the productivity of marine ecosystems, and restoring economically important living marine resources, including fisheries, through protection in no-take zones. Under many names -- MPAs may exist under a variety of names, e.g., marine parks, marine reserves, marine sanctuaries, transboundary marine protected areas, and depending on the context, MPAs may refer to coastal protected areas or a combined coastal and marine protected area. The important element is that the area satisfy the definition of an MPA recognized by the international community, as noted on the next slide. marine park marine reserve marine sanctuary

generic PA definition applies
Modern definitions IUCN CBD generic PA definition applies … any defined area within or adjacent to the marine environment, together with its overlying waters and associated flora, fauna and historical and cultural features, which has been reserved by legislation or other effective means, including custom, with the effect that its marine and/or coastal biodiversity enjoys a higher level of protection [than its] surroundings. … a clearly defined geographical space recognized, dedicated and managed, through legal and other effective means, to achieve the long term conservation of nature with associated ecosystem services and cultural values. Picture – Humpback whale flipping tale off coast of Moloka’i, Hawai’i, taken January 20, 2005, Jim Harper / Wikimedia Commons / CC-BY-1.0. NOTES FOR EDUCATOR Guidance is available from different sources to aid in defining MPAs. The two main international sources for such definitions are the IUCN and the CBD. Go through these two definitions as contained on the slide, one by one. IUCN – IUCN’ guidelines issued in 2008 provide a generic definition applicable to all protected areas, whether terrestrial or marine. Read through the definition provided on the slide. Note that for purposes of marine protected areas, MPA managers and conservation practitioners consider that this generic definition with its emphasis on long-term conservation provides a clear demarcation between conservation-focused sites and sites where the primary prupose is extractive uses, i.e., fisheries management areas, which would not qualify as MPAs. CBD – The CBD also has developed a definition for marine and coastal protected areas which was adopted in 2004 as part of the Programme of Work on Marine and Coastal Biological Diversity. Read through the definition provided on the slide.

New global targets Aichi Biodiversity Targets Target 11
10% of coastal/marine areas 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 NOTES FOR EDUCATOR Now proceed to the fifth element that has helped with the evolution of MPAs to their modern-day role – new global targets for the use of MPAs to protect biodiversity and ecosystems services and reverse global biodiversity loss. Turn to the slide and explain that the Aichi Biodiversity Targets are 20 targets that are part of the CBD’s Strategic Plan for Biodiversity 2011–2020, adopted for national implementation by the CBD Conference of the Parties in Nagoya, Japan, in 2010 (COP Decision X/2, 2010). Countries which were Parties to the Convention made a commitment to reach these targets. Target 11 relates specifically to expanding protection of marine areas important for biodiversity. Read through Aichi Biodiversity Target 11 as provided on the left side of the slide, highlighting the 10% target for marine and coastal protected areas. (You may note or remind Learners who are taking the entire course that the target for terrestrial coverage is at least 17 per cent.) Then turn to the right side of the slide which highlights key elements of this marine target and review again these key elements. If the Learners want more background, explain that the specific percentages included in these targets build directly on the CBD Programme of Work on Protected Areas and aim to give more concrete goals to earlier targets set in 2004 which did not specify percentages (those earlier targets are in CBD COP 2004 VII/28, para. 18, goal l.l). integrated into surroundings

New global targets Present coverage
Near coastal areas 7.2% Total marine areas under national jurisdiction 4% Additional protection to achieve Aichi Target 11 NOTES FOR EDUCATOR Review the two main points on this slide regarding present coverage and additional coverage needed to meet the global biodiversity targets for marine and coastal area coverage. Present coverage – Near-coastal areas are generally defined to be the marine area seaward from 0 to 12 nautical miles (or 0-22 kilometres). In near-coastal areas, where most marine protection is still concentrated, about 7.2% of the total area is protected. When considering the total marine area now allowed to be under national jurisdiction, from the near-coastal area out to the outer limit of the Exclusive Economic Zone (EEZ), the figure decreases to 4%. Additional protection to achieve Aichi Target 11– In order to meet the Aichi 10 per cent Target for coastal and marine protection, another 8 million square kilometres need to be protected. This is an area roughly 14 times the size of Madagascar. Highlight the encouraging trend, according to the IUCN Protected Planet analyses, that the number and extent of marine protected areas, including very large offshore MPAs and community-supported MPAs, has increased rapidly in recent years. (See data on MPA coverage online at Marine areas under national jurisdiction 8 million sq. km.

Global Marine Protected Area Coverage
Global targets Global Marine Protected Area Coverage Source: WDPA 2012, in Protected Planet Report 2012, p. 5 (online web site in prior slide). NOTES FOR EDUCATOR Finally, again focusing global targets for marine and coastal protection, turn to this slide. It shows global coverage of protected areas, with marine protected areas in blue (terrestrial protected areas in green). When one takes into account marine areas outside national jurisdiction, the global percentage of marine coverage falls to 1.6 percent (6 million sq km), as compared to 4 per cent coverage when one is looking at only areas within national jurisdiction. This is an illustration of how little of the worlds oceans and coastal areas is protected. 6 million sq km 1.6% of entire ocean

Evolving Role of MPAs Special Features Picture - View of North Sea from Sylt Island, the Northernmost point in Germany. © IUCN Photo Library/Karen Hoyer [IUCN Photo ID: 3750]. NOTES FOR EDUCATOR Return to the Seminar Overview. Highlight that Learners should now have some understanding of the evolving role of MPAs from their historical beginnings to their present day role in marine and coastal biodiversity conservation and ecosystem protection. Now indicate that the Seminar will turn to the second major section of this Module: marine features requiring special legal attention.

Special characteristics
Special features Special characteristics Special threats Pictures – Top: Champagne vent, Marianas Trench National Monument, NOAA 2004; Bottom: “Aquarium”, East Diamante, Marianas Trench National Monument, NOAA 2004. NOTES FOR EDUCATOR Turn to the slide. Start by noting that today, with better science and technology, scientists and policy experts alike recognize that a number features make marine and coastal environments inherently different from terrestrial systems. These differences require special legislative treatment if the legal framework is to be effective in supporting marine and coastal protected areas. Indicate that this section will highlight special features of marine and coastal environments in three parts: Special characteristics Special threats Special management challenges. Special management challenges

Special characteristics
Three-dimensional space Vastly extended areas Deepwater zones Large-scale connectivity Pictures – Top: Champagne vent, Marianas Trench National Monument, NOAA 2004; Bottom: “Aquarium”, East Diamante, Marianas Trench National Monument, NOAA 2004. NOTES FOR EDUCATOR Start by asking Learners what they think are special characteristics of marine environments that make them different from terrestrial environments and require special legal attention. Having generated responses and discussion from the Learners, start by noting that marine systems have not been as thoroughly studied as terrestrial systems. Many marine ecological systems can be highly complex, as with coral reefs where living organisms and their associated non-living physical environment interact and influence the properties of each other. Then, go through the six points on the slide, one-by-one, elaborating with the notes below and additional examples from the Learners or local situation. Three-dimensional space --Because of the fluid nature of the sea, the movement of marine organisms may be horizontal and vertical, as well as migratory over large distances. Vastly extended areas --Today, as explained in slide 10, under international law, coastal states may declare an EEZ extending 200 nautical miles seaward, resulting in a marine area under national jurisdiction that may be larger than the entire land area. Deepwater zones – With EEZs, coastal states have responsibilities for marine conservation far off shore in deepwater zones. There likely will be insufficient data about deepwater areas to understand well the most high-value sites and the best management approaches for their protection. Large-scale connectivity --There is high natural connectivity between marine, coastal and inland systems. This precludes the effective management of a marine area independent of its adjoining coastal and inland areas. Sharing high seas processes-- In marine environments, areas beyond national jurisdiction and areas within national jurisdiction share biophysical processes and living resources, and can influence each other. Limited scientific knowledge -- Detailed knowledge of marine biota is missing or incomplete for much of the sea under national jurisdiction. This is true especially for understanding deep ocean processes, sea mounts, hydrothermal vents and cold water corals which support ecosystems and a diversity of life never before known. Sharing high seas processes Limited scientific knowledge

Unsustainable fishing
Special threats Habitat destruction Unsustainable fishing Land-based pollution Pictures – Top: Champagne vent, Marianas Trench National Monument, NOAA 2004; Bottom: “Aquarium”, East Diamante, Marianas Trench National Monument, NOAA 2004. NOTES FOR EDUCATOR Turn now to key threats facing marine and coastal environments. As scientific understanding has improved about the deteriorating state of the world’s oceans and major threats, marine scientists and experts consider four direct threats to be most significant: habitat destruction, unsustainable fishing, land-based pollution, and climate change. Turn to the slide and go through these threats, the first three elaborated in notes below, followed by climate change on slide 22. Habitat destruction --As noted in notes to slide 11, according to the Millennium Ecosystem Assessment (MEA), coastal areas are among the most threatened on the planet, one of the main threats being habitat loss. These critical areas serve as breeding grounds or nurseries for nearly all marine species, so habitat loss has far-reaching impacts on the entire marine biodiversity. Optional discussion: use the next slide from the MEA marine and coastal synthesis report on status of coastal habitats. Unsustainable fishing – Unsustainable industrial fishing and related extractive industries have become one of the most immediate and growing threats to MPAs worldwide , directly depleting target species that are overfished, and non-target species and endangered species as by-catch. A related impact is habitat destruction from bottom trawling and other similar fishing methods, and lost fishing gear in which threatened species become entangled. In popular coral reef areas and other recreational sites, uncontrolled sports fishing is also causing increased concern. Land-based pollution –More than 60 per cent of the human population worldwide lives in coastal zones and these areas are facing growing population pressures as well as high-density commercial and residential development. Coastal and near-shore marine biodiversity resources and aquatic habitats are increasingly under stress from land-based pollution including especially domestic wastewater (sewage) runoff and associated contaminants, agricultural non-point source runoff, industrial and commercial point-source disposal, and sedimentation from activities on land involving alteration and other physical changes. Now turn to slide 22 and continue with special threats, this time from climate change. Climate change

Special threats: Coastal habitat loss
UNEP (2006) Marine and coastal ecosystems and human wellbeing: A synthesis report based on the findings of the Millennium Ecosystem Assessment. UNEP. p. 11. NOTES FOR EDUCATOR Optional: Depending on the audience and setting, the Educator may want to use this slide to expand the discussion of habitat loss in coastal areas. The slide helps illustrate the specific kinds of habitat types in coastal zones that need protection under the law and may be particularly valuable areas to recognize in legislation for protection as part of MPAs.

… Special threats Climate change warming sea temperatures
acidification sea level rise advancing salinity extreme weather events Pictures – Top: Champagne vent, Marianas Trench National Monument, NOAA 2004; Bottom: “Aquarium”, East Diamante, Marianas Trench National Monument, NOAA 2004. NOTES FOR EDUCATOR Now turn to this slide focusing on the fourth major threat to marine environments: climate change. According to marine experts, in the decades ahead, climate change is likely to be among the most severe and challenging threats to marine and coastal protected areas worldwide, adding further stress to degrading ecosystems and resources. Marine and coastal ecosystems are already experiencing significant impacts, most of them negative. Run through the list of impacts on the slide that are already being experienced and expected to worsen. Use the slide to prompt a discussion among the Learners about what they think about climate change and its impacts on marine and coastal environments. Solicit local experiences, including events that may be reported in the media, where climate change is already an issue and how those events may impact local marine and coastal environments, especially those important for biodiversity. shifting species range changing ocean currents

Exceptionally large areas Near shore vs. deepwater
Special management challenges… Exceptionally large areas Less experience Special equipment Near shore vs. deepwater Pictures – Top: Champagne vent, Marianas Trench National Monument, NOAA 2004; Bottom: “Aquarium”, East Diamante, Marianas Trench National Monument, NOAA 2004. NOTES FOR EDUCATOR Building on the last slides about the special characteristics and threats to marine environments, start with a question to the Learners about what they would think are the resulting management challenges that are special for marine areas as compared to terrestrial areas. Once this discussion has solicited ideas, go through the main items listed in this slide with amplification as desired. Exceptionally large areas -- There has been progress in recent years with the establishment of new MPAs covering larger expanses of ocean surface than ever before. Special management challenges arise for management, monitoring, and surveillance because such sites normally are not easily demarcated on-site and not all navigational charts will show clear and accurate boundaries, especially in the case of zones within large sites. Sites may also be widely dispersed across extensive bodies of water. Optional: refer to Table III(2)-1 of the IUCN PA Law Guidelines for some of the World’s largest MPAs. Optional: use next slide as one example of how the MPA boundaries have been made straight and simple. Less management experience – Management experience in marine environments is much less developed then for terrestrial environments. Nevertheless, the IUCN system of management categories applies to both marine and terrestrial environments so the overall PA system has a compatible management framework. Using the same management categories (from strict protection to multiple use) facilitates managing mixed land/marine sites, addressing connectivity and collaborative management of the overall PA system. (IUCN management categories are covered in Module 4). Special equipment needs – Especially for large areas and widely dispersed sites, monitoring and surveillance is difficult and prohibitively expensive, requiring specially trained personnel, access to appropriate vessels or aircraft, or high-tech equipment, including remote sensing and satellites to track vessels and identify illegal entry, and chemical analyses to link specific pollutants to a source. Near-shore vs. deepwater needs – Near-shore zones and deepwater zones have different management considerations. In contrast to coastal MPAs, which are focused on relatively fixed ecosystems such as marshes, mangroves and seagrasses, offshore MPAs may have more dynamic ecosystem processes and migratory marine life, and need to be managed with less scientific data or traditional knowledge about these systems. Also, deepwater MPAs normally will be managed from the national level, while near-shore MPAs may be managed regionally, or by the adjacent province or state. High seas connection-- Management tools for MPAs within national jurisdiction need to be coherent, compatible and complementary to those applied to MPAs beyond the limits of national jurisdiction, and vice versa. The UN, CBD, IUCN, and other organizations are working to provide guidance that recognizes these linkages, with elements important to consider in MPA legislation (see slide 34 below). High seas connection

Special management challenges…
Picture: Phoenix Islands Protected Area, Kerry Lagueux/Wikimedia Commons/CC-by-3.0 NOTES FOR EDUCATOR Optional: The Phoenix Island Protected Area (PIPA) is an example of straight and simple boundaries. PIPA is a 408,250 sq.km expanse of marine and terrestrial habitats in the Southern Pacific Ocean. The property encompasses the Phoenix Island Group, one of three island groups in Kiribati. In 2010 PIPA was added to the list of UNESCO World Heritage sites. It is the largest and deepest World Heritage site on Earth and the first site in Kiribati to be inscribed on the World Heritage List. IUCN category 1. If Learners are interested in studying this example more, they may see

Notes for Educator Optional: class exercise using an abbreviated scenario of the hypothetical case study of Lagoon Bay Area of the State of Utopia (presented in full in a separate Exercise 10(1) of this Module, Scenario One). Offer these highlights and instructions: The Biodiversity Institute has recommended that the entire Lagoon Bay (West, Central, and East areas) (see map on the slide) be declared a marine and coastal protected area. Give Learners the features of and threats to Lagoon Bay indicated below. Lagoon Bay Area is a coastal region with exceptionally high-value biodiversity and important ecosystem functions that has been recommended to be an MPA site or network. As illustrated on the map, Lagoon Bay divides the coastal area into three main parts: Western area, with holiday homes, tourism and fine beaches; Central area, comprising the bulk of the inner Lagoon, with sensitive dunes, important nearshore grasslands, a protected wetland, migratory bird habitat, fragile kelp forests, threatened fish species, and community and indigenous fishing, Eastern area, with an indigenous community dependent on inter-tidal marine resources, including Bay fisheries and shell fish beds, and a sacred rock formation along a small section of their coastal area. In the Western Area, there are heavy pressures for expansion of tourism and holiday housing, and the construction industry is a growing influence in the area with the promise of jobs and local economic expansion with tourism. Seaward of the Western Area, coral reefs also have become an attractive tourism viewing and snorkelling site from large boats operated from tourism companies located in the West Area, as well as the new residents in the seasonal and full-time residents of the beach community. Garbage from these boats as well as anchor damage are becoming a noted impact; the garbage sometimes getting caught in the reefs and many times being carried on shore with incoming tides. In the Central Area, agriculture activities are intensifying as demand grows for more commodities and agricultural exports. The wetland and the fringe grassland areas are habitat for endangered migrating birds that are protected. Because of the dynamic nature of the marine environment and its three-dimensional features (surface, seabed, and water column), land-based pollution run-off and toxic contamination of marine life may extend far off shore as currents from the sea move through the Bay and back to the sea. In the Western and Central Areas, the beaches, dunes, wetland, and grasslands serve both as important habitat for protected waterfowl and also as important natural barriers and buffers against storm surge from the sea and sea level rise from climate change. The Western beaches are also important sea turtle nesting areas during June through October. With this scenario, ask the Learners to identify the main threats to an MPA in the marine/coastal area and management challenges posed by the interrelationship between the terrestrial and marine environment; the potential impacts of climate change, and main activities that pose a pollution threat.

Diverse rights/interests Multiple stakeholders Complex property rights Less conservation awareness Pictures – Top: Champagne vent, Marianas Trench National Monument, NOAA 2004; Bottom: “Aquarium”, East Diamante, Marianas Trench National Monument, NOAA 2004. NOTES FOR EDUCATOR Start by noting that in addition to the management challenges posed directly by the marine environment, there are special management challenges working with the many other diverse interests and rights that need to be addressed as part of the management of the area. Invite the Learners to identify special interests and rights that may exist in marine and coastal environments, including issues of governance (covered generally in Module 2). After discussion, go through the points on the slide, one at a time. Multiple stakeholders -- Almost every government entity in a coastal country is likely to have some legitimate interest, mandate or concern over the marine environment, from public responsibilities over living marine resources (fisheries, wildlife) or recreation (tourism, sports), mining or energy, navigation (ports authorities, shipping), defence (coast guard, navy, customs), disaster preparedness, and pollution control (public health, environment agency). Some may have responsibilities under international law. Local governments may also have rights and responsibilities. Other stakeholders with these interests may include non-governmental organizations, business, and indigenous and local communities. Complex property rights --Complex property rights exist in many coastal areas and with respect to use of marine resources (e.g., artisanal fishing, marine harvesting, priivate ownership interests.) Property rights may be indigenous (or traditional), historic (passed down by generations) or commercial (by licence, lease, outright sale), or held by communities, corporations or individuals. Less conservation awareness -- In contrast to terrestrial systems, the casual admirer and average user of the oceans sees only the surface and has historically lacked awareness or understanding of the basics of ocean life and ecosystems below the surface. An ‘ocean’ conservation ethic is still in its infancy.

Special management challenges
Notes for Educator Optional: Return to the hypothetical case study of Lagoon Bay Area, and provide the different abbreviated scenario below using the same map (presented in full in separate Exercise 10(1) of this Module, Scenario Two). Scenario Two focuses on the tensions between marine conservation, customary practices and commercial fishing activities. It builds on aspects of Scenario One above (slide 25), particularly the important biodiversity and ecosystem functions needing protection. Give Learners the features of and threats to Lagoon Bay outlined below. The Biodiversity Institute has recommended that the entire Lagoon Bay (West, Central, and East areas) (see map on the slide) be declared a marine and coastal protected area. Lagoon Bay Area is a coastal region with exceptionally high-value biodiversity and important ecosystem functions that has been recommended to be an MPA site or network. The East area of the Bay is home to an indigenous community known as the Utopians, which has lived on the shores of the Lagoon for centuries. Economically, this community depends on inter-tidal marine resources in the Bay and near-shore marine areas. They govern harvesting of the fisheries resources by customary rules. Along the marine shore of the East Area, the indigenous community considers a special rock formation in the coastal inter-tidal area to be sacred and have protected the area as long as they can remember. That rock formation forms part of an important, underwater network of coral reefs which share valuable biodiversity and provides critical habitat for protected as well as commercially valuable fish. On the ocean side of East Area, the indigenous community has exclusive commercial fishing rights as artisanal fishers out to 5 nautical miles. However sports and recreational fishing boats also can use the area for pleasure purposes. Beyond the 5 nautical mile limit, industrial fishery companies have licenses for intensive commercial fishing and the majority of these fishing boats undertake trawling operations for commercially valuable fish and by-catch processed as fish meal. There is heavy pressure on the Government to increase the number of licenses for industrial fishing fleets as well as the allowable catch. Ask the Learners to consider this factual Scenario Two together with the factual Scenario One (slide 25), and identify the main stakeholders and interests, and management challenges that need to be considered as part of establishment of the MPA.

Evolving Role of MPAs Special Features International Law Picture - View of North Sea from Sylt Island, the Northernmost point in Germany. © IUCN Photo Library/Karen Hoyer [IUCN Photo ID: 3750]. NOTES FOR EDUCATOR Return to the Seminar Outline. Highlight that the Learners should now have an understanding of the special features of marine environments that need to be taken into account in MPA law. Indicate that we will now address the third section of this Module: international law obligations and guidance.

global conservation treaties
International Law global oceans law UNCLOS IMO global conservation treaties CBD Ramsar Picture – Pacific Ocean Horizon, Oscar Cortez 2013, CC-BY-SA 2.0 NOTES FOR EDUCATOR Start by explaining that this section will focus on international law specifically relevant for shaping and guiding national MPA legislation. It will cover global oceans law, key global conservation treaties, and some major regional instruments. (Note that international and regional treaties and policy instruments of general application to protected areas law are reviewed in Module 7.) Turn to the slide and briefly go through each of the three areas of international law and what will be covered, one by one. Global oceans law -- The instruments reviewed will be the UN Convention on the Law of the Sea (UNCLOS), and the International Maritime Organization (IMO) treaties and rules. Global conservation treaties -- Main global conservation treaties reviewed will be the Convention on Biological Diversity (CBD), Ramsar (Convention on Wetlands of International Importance especially as Waterfowl Habitat), World Heritage Convention, and the Convention on the Conservation of Migratory Species of Wild Animals (CMS). Regional instruments -- A few regional treaties also will be highlighted as examples of the kinds of measures for marine conservation and MPAs being addressed at that level. WHC CMS regional instruments

Global oceans law Law of the Sea Convention Obligations
protect marine environment control marine pollution protect ecosystems/habitat Picture – Pacific Ocean Horizon, Oscar Cortez 2013, CC-BY-SA 2.0 NOTES FOR EDUCATOR Start by explaining that the United Nations Convention on the Law of the Sea (UNCLOS) is the main global treaty dealing with the oceans and state responsibilities when using the oceans. It establishes a comprehensive legal framework for use and development of the world’s oceans and their resources, addressing all matters relating to the law of the sea. Most countries of the world are Parties to this convention. Obligations – among the main obligations related to the marine environment: to protect and preserve the marine environment (Art. 192), and in that context states have a sovereign right to exploit their natural resources pursuant to their environmental policies and in accordance with their duty to protect and preserve the marine environment to take all measures necessary to prevent, reduce and control marine pollution from any source (Art. 194), and to take measures necessary to protect and preserve rare or fragile ecosystems as well as habitat of depleted, threatened or endangered species and other forms of marine life (Art. 194(5)). Defines five ocean zones – where coastal states have varying degrees of authority: Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ), Continental Shelf, High Seas, and the Area (seabed beyond the limit of national jurisdiction considered the common heritage of mankind. Highlight that UNCLOS has direct relevance for national MPA legislation by significantly expanding the rights of coastal states to manage marine resources over vast parts of the ocean. See next slide for an illustration of each zone which can be used for an expanded discussion, as appropriate. Defines 5 ocean zones

Maritime zones under UNCLOS
… Global oceans law Maritime zones under UNCLOS Source: IUCN PA Law Guidelines, p. 224, adapted from Arctic Council Report, 2009, p. 52 NOTES FOR EDUCATOR Depending on the class situation, you may want to go into detail on these five zones. Start by asking the students if they know whether their countries have declared an Exclusive Economic Zone and, if so, have there been specific actions toward setting up MPAs in that zone and what some of the issues might be. Also ask students if they know of MPAs that have been established in the territorial sea zone. If more detail is appropriate, you may expand the discussion to further differentiate the zones as follows: Inland waters go from the territorial sea baseline landward where coastal states have full sovereignty over internal waters and may enact laws to regulate and use any resource in these waters. Coastal states also exercise maximum jurisdiction over foreign ships in this zone, as no right of passage for foreign vessels exists within internal waters, thus allowing coastal states to set conditions for entry into its ports. Offshore ocean zones: Territorial sea -- extending up to 12 nm from the baseline, is an area over which coastal states exercise full sovereignty. Sovereignty extends to the airspace, water column, seabed and subsoil, but is subject to the right of innocent passage of foreign ships. Coastal states may regulate this right by adopting laws and regulations in relation to navigation safety, marine environmental conservation and traffic schemes (for example, sea lanes) Contiguous zone --States may claim a 12 nm contiguous zone adjacent to the territorial sea (that is, up to 24 nm from the baseline), in which the coastal state can exercise limited control over foreign ships for the purposes of preventing and punishing the infringement of customs, fiscal, immigration or sanitation laws and regulations that apply within its territory. Exclusive economic zone --The EEZ is an area beyond and adjacent to the territorial sea. It is measured from the territorial sea baseline and extends to a maximum of 200 nm. The coastal state has sovereign rights for “exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil” (Art. 56), in other words, the water column and the underlying continental shelf. However, there are limits where fish stocks are shared or migratory (Art. 63, 64). A coastal state may regulate shipping for pollution prevention but must do so according to international rules of IMO. In the EEZ, a coastal state also has jurisdiction over protection and preservation of the marine environment, marine scientific research, and the establishment and use of artificial islands, installations and structures (Art. 56(1)(b)). Continental shelf --The continental shelf of a coastal state comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land to the outer edge of the continental margin, or to a distance of 200 nm from the baseline where the outer edge of the continental margin does not extend to that distance (Art. 76). Over the continental shelf, coastal states exercise sovereign rights to the exploration and exploitation of natural resources, and jurisdiction over marine scientific research (Art. 77). High seas -- The high seas comprise all parts of the sea that are not included in a country’s internal waters, territorial sea, EEZ or archipelagic waters. The high seas are open to all states, whether coastal or landlocked. This freedom of the seas entails, for all states, the freedom of navigation, freedom of overflight, freedom to lay submarine cables and pipelines (subject to Part VI of UNCLOS), freedom to construct artificial islands and other installations permitted in international law (subject to Part VI), freedom of fishing (subject to the conditions in section 2), and freedom of scientific research (subject to Parts VI and XIII). The establishment and management of high seas MPAs requires an international agreement in each case. The Area -- The seabed, ocean floor and subsoil thereof, beyond the limits of national jurisdiction, form an entity known as ‘the Area’ (Art. 1(1)(1)). Part XI of the Convention is exclusively about the Area and includes definitions that apply only to the Area. The Area and its resources are the common heritage of mankind (Art. 136). All activities related to exploration for and exploitation of the resources of the Area are administered by the International Seabed Authority.

International Maritime Particularly Sensitive Sea Areas
… Global oceans law International Maritime Organization (IMO) MPA designations Particularly Sensitive Sea Areas Special Areas Picture – Pacific Ocean Horizon, Oscar Cortez 2013, CC-BY-SA 2.0 NOTES FOR EDUCATOR Start by asking students if they know of the International Maritime Organization, what it does, and whether it has any connection to MPAs, especially in waters under national jurisdiction. Having elicited responses, reinforce that the IMO is the specialized UN agency overseeing shipping worldwide, including for marine environmental protection. Then go to the slides and review the two main points, one by one. MPA designations – The IMO has authority to designate environmentally important marine areas for special protections from the negative impacts of shipping particularly where those marine areas are in waters under national jurisdiction. These legal designations are: Particularly Sensitive Sea Areas (PSSAs): A PSSA may be designated when it is determined that the area is an area that needs special protection from international shipping especially in waters under national jurisdiction, because of the area’s significance for recognized ecological, socio-economic, or scientific attributes where such attributes may be vulnerable to damage by international shipping activities. Special Areas (SA): An SA may be designated under the 1973 International Convention for the Prevention of Pollution from Ships and its 1978 Protocol (together called ‘MARPOL’). Special areas are those which, for technical reasons relating to their oceanographic and ecological condition and to their sea traffic, require the adoption of mandatory measures to prevent sea pollution. Under MARPOL, special areas are provided with a higher level of protection than other areas of the sea. MARPOL covers accidental and operational oil pollution, air pollution, as well as pollution by chemicals, goods in packaged form, sewage and garbage. Guidelines exist for nomination and designation of both types of marine protected areas. The criteria for the identification of Particularly Sensitive Sea Areas and the criteria for the designation of Special Areas are not mutually exclusive. In many cases a Particularly Sensitive Sea Area may be identified within a Special Area and vice versa. Note that as of July 2014, IMO has designated 14 PSSA worldwide, and there area 25 Special Areas designated under MARPOL. Guidelines

Global conservation treaties
Convention on Biological Diversity Application Guidance and criteria Picture – Hawksbill turtle and fish, German Channel, Palau, © IUCN Photo Library/Mandy Etpison [IUCN Photo ID: 4932] NOTES FOR EDUCATOR Start by asking students if they are familiar with the Convention on Biological Diversity (CBD). Following discussion, explain that the CBD and its many decisions have set fourth definitions, criteria, and goals related to MPAs that reflect commitments of the Parties, and should be taken into account in national legislation. (Take note that Module 7 on International law covers the generic elements of CBD for both terrestrial and marine biodiversity, which Learners may also want to review.) Turn to the slide and briefly review three main aspects specifically focused on MPAs. Application – CBD treaty provisions apply to coastal and marine environments, as well as terrestrial environments. Article 2 of the Convention text defines ‘biological diversity’ as follows: “the variability among living organisms from all sources including … terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part: this includes diversity within species, between species and of ecosystems”. The CBD also defines an MPA (see slide 13) and MPA networks). Guidance and criteria – In 1998, the CBD Conference of the Parties adopted a separate Programme of Work for Marine and Coastal Biodiversity that was significantly updated in This marine programme is meant to complement the 2004 CBD Programme of Work on Protected Areas (PoWPA). In 2008, the CBD adopted specific scientific guidance and criteria on marine and coastal protected areas and networks (on the next slide). These elements are important to consider in MPA law. Global targets – The CBD Aichi Targets include a specific target for protection of biodiversity-rich marine and coastal areas, setting the goal of 10 percent coverage of marine areas under national jurisdiction by 2020 (discussed in slide 14 above). Global targets

Convention on Biological Diversity
… Global conservation treaties Convention on Biological Diversity [Source: Adapted from CBD COP 2008 IX/20, Annex I and II.] NOTES FOR EDUCATOR Run through the elements on this slide, both the criteria and required network properties and components. The CBD decision was taken based on collaborative scientific work with the UNCLOS Ad-hoc Open-Ended Informal Working Group, which included an expert workshop in 2007, and in recognition that application of tools for MPAs and networks beyond and within national jurisdiction need to be coherent, compatible and complementary. The relevant CBD decision urged Parties to apply, as appropriate, the scientific criteria in annex I and the scientific guidance in annex II in order to identify ecologically or biologically significant and/or vulnerable marine areas in need of protection, 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. The full decision is at The slide as well as the full decision might be distributed as a hard-copy handout.

… Global conservation treaties
Ramsar Convention “Wetlands” includes coastal zones World Heritage Convention Marine Programme Convention on Migratory Species Agreements on marine species Picture – Hawksbill turtle and fish, German Channel, Palau, © IUCN Photo Library/Mandy Etpison [IUCN Photo ID: 4932] NOTES FOR EDUCATOR Start by asking students if they know of other international treaties that might have elements important to take into account with MPA law. Then go on to the slide and review the three main treaties noted, as they apply specifically to marine and coastal environments. [Take note that Module 7 covers these treaties in detail for their general application.] Ramsar: Formal name: Convention on Wetlands of International Importance especially as Waterfowl Habitat. This Convention defines wetlands to include areas “with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres” (Art. 1). This covers most coastal zones around the world. Guidelines for management planning of Ramsar sites and other wetlands recognize the need to integrate into the broader landscape, ecosystem planning, including at the coastal zone scale. [Ramsar COP 2002 VIII.14, Annex, para. 5, 14-27] World Heritage Convention: The World Heritage Committee in 2005 approved a World Heritage Marine Programme to more aggressively promote the nomination of large-scale marine areas and MPA networks. Operational Guidelines provide that listed sites may include coastal and marine ecosystems and communities of plants and animals. (Website for World Heritage Marine Programme: Convention on Conservation of Migratory Species (CMS): CMS is a framework convention protecting migratory animals in an unfavourable conservation status, including marine animals. MPAs are an important tool to support the CMS by protecting critical habitat of such species. Using formal Agreements and Memoranda of Understanding as the main convention mechanisms, specific migratory species including certain cetaceans, sea turtles, sharks, monk seals, manatees, and migratory waterbirds have been protected in different regions of the world. Depending on the situation, it may be worthwhile to identify specific agreements or MOUs that may apply in the countries or regions of the Learners. The list of Agreements and MOUs is available on the CMS website ( Cetaceans sharks Sea turtles Monk seals waterbirds Manatees

Regional instruments Two broad approaches General obligations
Directly call for MPAs General obligations for marine protection national or transboundary MPAs = tool to implement EU Natura 2000 Regional Seas Programme NOTES FOR EDUCATOR Start by emphasizing that regional and bilateral agreements which countries have ratified may also contain obligations and other commitments important to take into account in MPA legal provisions. Ask the Learners if they know of any such agreements from their own situations. Stress that there are numerous agreements so here it is possible only to give an overview. Then go to the slide and review the two main approaches these instruments take. As relevant to the particular situation, you may amplify these approaches with the examples provided or other examples from regions or countries represented by the Learners. [Take note that these and other regional instruments relevant generally to protected areas are covered in Module 7.] Directly call for MPAs – One approach to regional instruments is to call directly for creation of MPAs. These instruments may be national or transnational in scope. An example of the first approach is the Regional Seas Programme. , General obligations for marine protection –The second approach used by many regional instruments is to set out general obligations for marine protection that trigger MPA development as one tool for achieving the objectives. Examples of this approach include European Union Natura 2000, and the OSPAR Convention. Examples: Regional Seas Programme: Launched by UNEP in 1974, this Programme today has 18 participating regions worldwide. Most have conventions and legally binding protocols in areas of special concern, including protected areas. These protocols reflect the action-oriented commitments of countries to marine and coastal conservation through protected areas and other means that require national legislation for implementation. (Website: EU Natura 2000: The EU Natura 2000 legal framework was generated by the EU Birds Directive (1979, as amended in 2009) and Habitats Directive (1992). These Directives, and especially the Habitats Directive, are applicable and must be implemented in a Member State’s EEZ, thus requiring EU Member States to designate special areas of conservation (SACs) in their EEZs and to provide species protection in that zone as laid down in the Directive. (Website: OSPAR Convention: The Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention) was concluded in 1992 as the legal mechanism by which 15 states of the western coasts and catchments of Europe, together with the European Community, cooperate to protect the marine environment of the North-East Atlantic. In 1998, OSPAR Ministers agreed to promote the establishment of a network of MPAs and in 2003 they adopted a recommendation which set the target of 2010 for establishing in the OSPAR region a joint network of well-managed MPAs that, together with the Natura 2000 network, would be ecologically coherent (OSPAR 2003/03). (Website: OSPAR Convention

Evolving Role of MPAs Special Features International Law Picture - View of North Sea from Sylt Island, the Northernmost point in Germany. © IUCN Photo Library/Karen Hoyer [IUCN Photo ID: 3750]. NOTES FOR EDUCATOR Return to the Seminar Overview slide. Indicate that the Learners should now have an overview of some of the main international law instruments with obligations or guidance for MPAs and MPA networks at national level. State that the Seminar will now address the fourth issue of this Module: marine connectivity. Marine Connectivity

What is marine connectivity Managing for marine connectivity
International law Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] NOTES FOR EDUCATOR Explain that this issue will highlight three aspects particularly relevant for marine protected areas law: what is marine connectivity, international law and marine connectivity, and managing for marine connectivity. [Take note that this part of the seminar builds on Module 8 on generic elements and international law of connectivity conservation in general.] Managing for marine connectivity

What is Marine Connectivity
NOTES FOR EDUCATOR Start with this slide as a visual example of marine connectivity. Point out that the arrows represent ocean currents. Ask students what the slide might tell us about marine connectivity. What impacts might those currents have on coral reefs and other underwater structures along the continental shelf? What about marine life and especially fish stocks that may move throughout the gulf during different stages of their life cycles. Following discussion, turn to the next slide for science-based definitions of marine connectivity.

Between populations Exchange of eggs, larvae, juveniles, adults between sites Movement of nutrients, sediments, pollution and other items Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] NOTES FOR EDUCATOR Start the discussion by asking the Learners what they understand by marine connectivity? Give their ideas about how it happens in the marine environment and why it is important as a topic to discuss in connection with marine protected areas. Following this discussion, explain that knowledge about connectivity in marine systems is much less advanced than for terrestrial systems because the subject and research in this area is relatively new. With the help of new technologies such as satellite imaging and remote sensing, including tagging marine mammals to track their migrations, scientific understanding is improving but it is still in its infancy. Then move to the slide and discuss the two main scientific approaches to defining marine connectivity (discussed more in Module 10), and the special challenges involved. Between populations: This approach defines marine connectivity with an emphasis on species and their movements. It considers species at all stages of their life cycles, including eggs, larvae, juveniles or adults. A 2008 IUCN-WCPA defines connectivity for marine systems as follows: Connectivity describes the extent to which populations in different parts of a species’ range are linked by the exchange of eggs, larvae recruits or other propagules, juveniles or adults (IUCN World Commission on Protected Areas (IUCN-WCPA) (2008). Establishing Marine Protected Area Networks—Making It Happen. Washington, D.C.: IUCN-WCPA, National Oceanic and Atmospheric Administration and The Nature Conservancy, p. 52. Online at: Between sites: This approach focuses on movement and connectivity between sites of nutrients, sediments, pollution, and other items in marine and coastal environments. Another publication, released in 2010 and supported by several international organizations, focuses this approach on coral reefs and in that context, defines connectivity as: the flux of items between location types that are the same or different (for example, reefs and seagrass beds). Connectivity exists for nutrients, sediments, pollutants, and individual dispersing organizations, i.e., any item that has the potential to move among and between reefs and other environments (Benedetti, Lisa Preserving reef connectivity : a handbook for marine protected area managers. Washington DC: World Bank, p. 8. Online at: Challenges: Finally, highlight that the challenge for marine connectivity science, in light of the special features of the marine environment, is understanding what is happening in the oceans and with its marine life in terms of demographic (ecological) connectivity and living resource (including genetic) connectivity. Understanding marine connectivity requires learning not only about linkages among different patterns and behaviours of marine life but also their interactions with other complex and dynamic factors such as -- different seafloor and nearshore characteristics, different water masses (Arctic, North Atlantic, North Pacific, deepwater, etc.), and different ocean currents, and ocean density (temperature, salinity, and pressure). Challenges Complex interactions/linkages

Landscape/seascape concepts
What is Marine Connectivity Landscape/seascape concepts 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 NOTES FOR EDUCATOR Optional: Where this Module is used as part of the full set of modules, refer back to explanations in Module 8 about the connectivity concepts: matrix, patch, mosaic and stepping stone. If this Module is being used independently, Module 8 should be still be reviewed for generic definitions of these terms. The table on this slide is based on studies that apply connectivity concepts from landscape ecology to coral reef ecosystems.

What is Marine Connectivity?: seascape patches and connectivity
[Source: Figure II(4)-1, The Legal Aspects of Connectivity Conservation, p. 149] NOTES FOR EDUCATOR Optional: as further amplification for the concept of marine connectivity, this diagram illustrates the spatial aspect of patch connectivity in a coral reef ecosystem in a seascape. Again if the MPA Modules are used as stand-alone seminars, Module 8 should be consulted for the generic concepts.

How connectivity happens Connections of adjacent/continuous habitats Sea turtle migrations Regular larval dispersal Regular settlement of larvae Pictures – top: Tracked Leatherback Migration Movement, Sea Turtle Conservancy, at bottom: coral spawning at Flower Garden Banks National Marine Sanctuary, Gulf of Mexico, E. Hickerson, NOAA Photo Library. The top picture shows leatherback turtle migration movements as tracked by satellites receiving signals from tagged sea turtles. The bottom picture shows coral larvae dispersal patterns which can be used to estimate distance ranges for consideration in the MPA design. NOTES FOR EDUCATOR This slide helps show ways that marine connectivity occurs as marine species interact and ecosystems function throughout MPA networks and across marine environments. Go through each of the four points. Connections of adjacent or continuous habitats such as coral reefs and seagrass beds, or among mangrove and seagrass nursery areas and coral reefs Regular larval dispersal occurs in the water column between and within MPA sites Regular settlement of larvae from one MPA to another MPA that promotes population sustainability Movements of mature marine life in their home range from one site to another or because of regular or random spillover effects from MPAs. Movement of mature marine life

Global conservation treaties International programmes
International law Marine connectivity broadly supported Global oceans law Global conservation treaties Regional instruments Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] NOTES FOR EDUCATOR Start by recalling earlier slides nos on international law relevant for MPAs. Indicate that many of the same international treaties and guidance include marine connectivity directly or have requirements that make considerations of connectivity necessary (e.g., ecosystem-based management). [If the MPA Modules are presented as stand-along Seminars, it may be worthwhile to review the international law slides in Module 8 (Connectivity -- Legal issues and instruments) for discussion of international law instruments supporting connectivity for protected areas in general.] Now go through the four aspects on the slide amplified with the notes provided, as desired. Global oceans law – Instruments of special note are UNCLOS, the UN Fish Stocks Agreement under UNCLOS, and IMO rules and conventions, with the following highlights: UNCLOS general obligations (see slide 30) to protect and preserve the marine environment cannot be achieved without addressing natural connectivity needs. UNCLOS also sets out principles that necessarily embrace connectivity, including science-based decision-making, environmental impact assessment, ecosystem approach, prevention and precaution, and regional and global cooperation. UN Fish Stocks Agreement (under UNCLOS): While mainly focused on the high seas, this Agreement is relevant for connectivity in areas within national jurisdiction because it requires that conservation and management measures established for the high seas and those adopted for areas under national jurisdiction be compatible in order to ensure conservation and management of the straddling fish stocks and highly migratory fish stocks (Art. 7.2). IMO rules and conventions: Once Particularly Sensitive Sea Areas and Special Areas (see slide 32) are designated, IMO establishes protective measures for those areas, including stricter discharge restrictions and preventing sea pollution, which take into account the dynamic nature of the ocean and ecosystem processes. Global conservation treaties – The conservation treaties noted above (slides 33-36) also support MPA connectivity. The following points might be highlighted: CBD. ‘Connectivity’ is explicitly mentioned in CBD scientific guidance on MPA networks (slide 34), the guidance stating that “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.…” Ramsar (slide 35). Management planning guidelines for Ramsar sites and other wetlands emphasize ecosystem planning and integration at the coastal zone scale. World Heritage Convention Marine Programme (slide 35): Operational Guidelines provide that listed sites may include property representing significant ongoing ecological and biological processes in the evolution and development of terrestrial, fresh water, coastal and marine ecosystems and communities of plants and animals. It’s scope covers the EEZ. CMS Agreements and MOUs: Marine migratory animals and their habitats have been the focus of several legal instruments that protect the connectivity needs of the species concerned among the various range states, requiring national action. Regional instruments – As discussed in slide 36, prominent examples of regional treaties with clear and direct marine elements that need to take into account marine connectivity include those noted in the slide: Regional Seas Agreement, EU Natura 2000 network, and OSPAR Convention International programmes – A key example of an international programme that promotes marine connectivity even though it is not grounded in a treaty is UNESCO’s Man and the Biosphere Programme (MAB). MAB spans protection, scientific research and human use of coastal and marine biosphere reserves and integrated biodiversity strategies for islands and coastal areas. UNESCO also promotes relevant initiatives, including ecosystem-based marine spatial management and planning (see slide 46 below on marine spatial planning). International programmes

MPAs for highest value sites seascapes/landscapes
Managing for marine connectivity Key management principles Large spatial scale MPAs for highest value sites Integrate into seascapes/landscapes Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] NOTES FOR EDUCATOR Review the four key management principles on this slide important for addressing the connectivity needs of MPAs and MPA networks, as follows: The spatial scale over which marine connectivity occurs and affects an MPA network or its sites may be very large. MPAs are an indispensable tool for sites of high biodiversity or ecosystem value. Connectivity conservation is needed to integrate MPAs and MPA networks into their larger coastal and marine seascapes/landscapes and management frameworks. Climate change presents one of the most challenging issues and serious threats facing MPA networks and sites; connectivity conservation needs will be an increasingly important consideration for effective MPA networks and sites. Take into account climate change

Large marine ecosystems (LME) Marine spatial planning (MSP)
Managing for marine connectivity Legal tools Large marine ecosystems (LME) Marine spatial planning (MSP) Ocean zoning Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] NOTES FOR EDUCATOR Start by reminding students that in addition to special legal issues for MPA themselves, as the many slides of this Module aimed to show, it is important also to consider legal tools that can specifically help support marine connectivity conservation needs of MPA networks and sites. Explain that there are some long-standing as well as some emerging legal tools that support marine connectivity needs of MPAs that are receiving increased attention in national legal systems. Then go through the four tools highlighted on the slide, one-by-one. Large marine ecosystems: Today there are 64 Large Marine Ecosystems (LMEs) defined globally, that may extend to the EEZ. LMEs are relatively large areas of ocean space of approximately 200,000 km² or greater, adjacent to the continents in coastal waters and potentially extending through the EEZ, where primary productivity is generally higher than in open ocean areas. In cooperation with the University of Rhode Island, USA, the US National Oceanographic and Atmospheric Administration (NOAA) developed this international concept over 30 years ago as a model to implement ecosystem approaches to assessing, managing, recovering, and sustaining LME resources and environments. Countries participating in an LME may have special legal obligations for management and enforcement that need appropriate support in national legislation. (Website: Marine spatial planning (MSP): The objective of MSP is development of large-scale marine plans incorporating ecological, economic and social considerations, usually through a political process to support long-term sustainability of ocean ecosystems and essential ecosystem services for human populations. Connectivity conservation is an essential component. Ecological principles guiding MSP for attention in legislation include: maintaining native species diversity, maintaining habitat diversity and heterogeneity, maintaining populations of key species, and maintaining connectivity. Ocean zoning: Ocean zoning is a regulatory concept applied to some or all of a defined marine space. It builds on maps, ideally generated through marine spatial planning, on which to base ocean zoning regulations for some or all existing uses, as well as anticipated future uses and scenarios, including for climate change. The concept has three essential elements: l) mapping existing patterns of use and impacts; 2) identifying ecologically critical and sensitive areas; and 3) developing multiple zoning options that show costs and benefits of each. UNESCO promotes this concept (see website at: Integrated coastal and ocean management (ICOM): Sometimes simply called ‘integrated coastal zone management’, this concept began to be incorporated in legislation in the 1970s and has gained attention in recent decades as an area-based marine management tool to support marine connectivity. Coastal zones in most coastal countries have separate sector-specific laws, overlapping institutions, political jurisdictions, and single-purpose interests define how coasts and marine waters are managed (e.g., for urban water supply, recreation, ports, fisheries). The distinguishing feature of this concept is a framework to manage the coastal zone as a whole (both land and water) using an ecosystem approach rather than a fragmented sector-by-sector approach. (To learn more about ICOM, one may review a 2006 publication by UNESCO: A Handbook for Measuring the Progress and Outcomes of Integrated Coastal and Ocean Management. IOC Manuals and Guides, 46; ICAM Dossier, 2. Paris, UNESCO, Available online at: Integrated coastal/ ocean management

Evolving Role of MPAs Special Features International Law Picture - View of North Sea from Sylt Island, the Northernmost point in Germany. © IUCN Photo Library/Karen Hoyer [IUCN Photo ID: 3750]. NOTES FOR EDUCATOR Return to the Seminar Outline. Highlight that this Seminar Presentation has given an introduction to the following four special issues important to take into account for effective MPAs as part of the country’s overall protected area system: Evolving role of MPAs Special features International law Marine connectivity. Marine Connectivity

Objectives Review the evolving role of MPAs for conserving and sustaining marine biodiversity and ecosystems. Identify special characteristics of marine and coastal environments needing attention in MPA law. Outline main international law obligations and guidance for marine conservation and MPAs. Picture – Soft corals in the Beqa Lagoon, Vitu Levu, Fiji, © IUCN Photo Library/Klaus Jost [IUCN Photo ID: 4924] NOTES FOR EDUCATOR Re-emphasize the Objectives of this Module. 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 special characteristics of marine and coastal environments needing attention in MPA law. Knowledge of the main international law obligations and guidance in marine conservation and MPAs. Picture – Spinner dolphins swimming near the surface, Kealakekua Bay, Hawaii © IUCN Photo Library/Andre Seale [IUCN Photo ID: 4956]. Kealakekua Bay is a Hawai’ian Marine Life Conservation District ( NOTES FOR EDUCATOR Re-emphasize the anticipated outcomes of this Module. Awareness of special features of marine connectivity needing attention to support MPA development and sustainability.

Core Texts 15 Case Studies 5 Case Studies NOTES FOR EDUCATOR
Indicate to the Learners that the content of the Course is based on two primary documents, namely: Guidelines for Protected Area Legislation (the PA Law Guidelines). Legal Aspects of Connectivity Conservation: A Concept Paper (the Connectivity Law Paper). PA Law Guidelines - highlight the following: The current PA Law Guidelines are the 2nd iteration of the Guidelines. The first PA Law Guidelines were prepared in 1980 by Barbara Lausche under auspices of the ELC. Due to the growth and evolution of PA law, the ELC commissioned Barbara Lausche to revise and update the PA Law Guidelines (1980) with the aim of producing a contemporary document that assists all those working on/with PA law to ensure that all aspects of PAs, including new and emerging issues, are adequately addressed in legal frameworks. The revised and updated PA Law Guidelines were published in 2011. The PA Law Guidelines are accompanied by fifteen detailed case studies. Eight of the case studies analyse selected national legal frameworks on PAs. Seven of the case studies analyse the legal regime of specific sites, each representative of a PA type (such as terrestrial, marine, transboundary PAs). Connectivity Law Paper - highlight the following: “Connectivity Conservation” Is an emerging issue and concept in the field of biodiversity conservation. It is the idea of promoting ecological connectivity within and between PAs as well as with the broader living landscape through biodiversity corridors. This connectivity is increasingly being recognised as crucial for biodiversity conservation as it allows for the formation of networks of PAs. Such networks in turn are more resilient to diverse changes and threats. The ELC initiated a project in 2011 to explore the role of law in promoting connectivity conservation. The Concept Paper was drafted between 2011 and 2013 in close collaboration with the IUCNAEL, WCEL, WCPA and the Global Protected Areas Programme. The Connectivity Law Paper, published in 2013, is the first publication to lay out the legal tools/instruments to achieve connectivity conservation. The Connectivity Law Paper is accompanied by 5 detailed case studies reviewing legal frameworks providing for connectivity conservation in different national and regional settings Instruct the Learners that Modules 11 & 12 of the Course focus specifically on connectivity conservation. 15 Case Studies 5 Case Studies

Module 10 Seminar Presentation Exercises Picture - View of North Sea from Sylt Island, the Northernmost point in Germany. © IUCN Photo Library/Karen Hoyer [IUCN Photo ID: 3750]. NOTES FOR EDUCATOR Conclude by emphasizing that this Module is comprised of two parts: Seminar Presentation Exercises Highlight the educational rationale underpinning these two parts: Seminar Presentation – Knowledge Transfer Exercises – Skills Development Indicate that the Learners will also be undertaking selected Exercises which build on the knowledge conveyed during the Seminar Presentation of this Module. knowledge transfer skills development Marine Protected Areas -- Part I

Building Capacity on Protected Areas Law & Governance

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Building Capacity on Protected Areas Law & Governance

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