Building Capacity on Protected Areas Law & Governance

Building Capacity on Protected Areas Law & Governance
Module 11 Picture: Solitary Islands Marine Park, Australia © IUCN Photo Library/Hamish Malcolm [IUCN Photo 5063] NOTES FOR EDUCATOR Provide brief context for the Module. This is the eleventh Module in the Course. The knowledge gained in this Module is important for anyone tasked with understanding, reviewing, advising on, implementing or drafting protected areas law for marine protected areas (MPAs). This Module aims to achieve three main purposes: Introduce Learners to the main preparatory tasks important to undertake in order to adequately review, advise on or draft MPA legislation. Highlight for Learners main legal elements that need attention in MPA legislation in order to address the features, threats and challenges posed by marine environments that are inherently different from terrestrial systems. Introduce Learners to legal tools to support special marine connectivity conservation needs of MPAs. Indicate that, in addition to the special legal considerations covered in this Module, core elements of protected areas legislation covered in Modules 2-6 also apply to MPAs. This Module builds on Module 10 on special features of marine environments and international law considerations. The two modules are best studied together in that order. In this Seminar, the phrase ‘marine protected areas’ includes marine and coastal protected areas and, depending on the context, may relate to sites that are completely offshore, entirely coastal or a combination of the two. Marine areas beyond national jurisdiction (i.e. High Seas) are not covered here because protection and use of the high seas is governed by international law which has different legal structures and processes of decision-making. Marine Protected Areas – Part II Special Legal Considerations

Marine Protected Areas – Part II
Building Capacity on Protected Areas Law & Governance MPAs need supportive legal frameworks to be effective as part of a coastal or island nation’s protected area system. Many MPA laws are outdated and should be strengthened to reflect best available science, best management practices, and relevant international law developments. MPA laws require special legal elements to address the distinct features, threats and challenges posed by marine environments that are inherently different from terrestrial systems. Most coastal and island nations already have some legal tools to support marine connectivity for MPAs, and these should be used, even as new tools are being developed. NOTES FOR EDUCATOR Highlight the above four key issues which have informed the rationale, form, content and structure of this Module as part of the overall Course. Marine Protected Areas – Part II

Overview of the Seminar
Preparations Preliminary provisions Substantive legal elements Tools for implementation Picture: Solitary Islands Marine Park, Australia © IUCN Photo Library/Hamish Malcolm NOTES FOR EDUCATOR This Module covers special legal considerations that need to be addressed in national frameworks for MPAs. It focuses on five main aspects: Preparations Consultations Existing legal framework Conservation objectives Legislative approaches Preliminary provisions Policy Objectives Key definitions Institutional arrangements Substantive legal elements Strategic planning Establishment Management Governance Tools for implementation Regulations Promoting compliance Enforcement and surveillance Financing Tools for marine connectivity Definitions Special considerations Management approaches MPA networks Ecosystem-based management Area-based management Coastal development controls Tools for marine connectivity

Objectives Outline preparation tasks for
reviewing, advising on, or drafting MPA legislation. Examine preliminary provisions of MPA law: policy, objectives, definitions, and institutional arrangements Elaborate on special substantive aspects of MPA law: planning, establishment, management, governance Provide an overview of special implementation elements for MPA law: regulation, enforcement, financing Picture: Schools of jacks swimming off the Island of Bonaire, © IUCN Photo Library/William Goodwin [IUCN Photo 4938] NOTES FOR EDUCATOR Go through the specific objectives of the Module as they appear on the slide, one at a time. Explore legal tools to support marine connectivity conservation needs of MPAs

Outcomes Understanding of preparation tasks for
reviewing, advising on or drafting MPA legislation. Knowledge of preliminary provisions for MPA law: policy, objectives, definitions, and institutional arrangements Understanding of special substantive aspects of MPA law: planning, establishment, management, governance Awareness of special legal elements for implementation: of MPA law: regulation, enforcement, financing Picture: Maldives, © IUCN Photo Library/Corentin Basset [IUCN Photo 5311] NOTES FOR EDUCATOR Go through the specific Outcomes of the Module as they appear on the slide, one at a time. Familiarity with legal tools available to support marine connectivity conservation needs of MPAs.

Preparations Preliminary provisions Substantive legal elements Tools for implementation Picture: Solitary Islands Marine Park, Australia © IUCN Photo Library/Hamish Malcolm NOTES FOR EDUCATOR Return to the Seminar Overview and indicate that we will now address each of the five main legal areas in turn, starting with Preparations. Tools for marine connectivity

Preparations Consultations Existing legal framework
Conservation objectives Picture: Olive Ridley Sea Turtles of Ostional National Wildlife Refuge, Costa Rica, © IUCN Photo Library/Joëlle Dufour [IUCN Photo 3491] NOTES FOR EDUCATOR Start by asking Learners what they think would be important preliminary information to have in order to effectively review, advise on, or draft MPA legislation. Following discussion, highlight the four main preparatory tasks on the slide, one by one, amplifying as useful with the notes below. Consultations: Consultations with interested or affected government agencies and stakeholders are important in order to understand assessments of others about the existing MPA legal framework and areas needing strengthening. Consultation with scientists and technical experts brings science and best management practices into the considerations related to threats, values to protect, and how. Public meetings are useful to get feedback on local knowledge and views about MPA proposals. Existing legal framework: It is important to understand the existing protected areas legal framework overall and provisions relevant for MPAs, including any customary and traditional practices or rights that may be involved. Legal provisions on powers and responsibilities of main institutions, their capacity and effectiveness, as well as recognition of diverse governance approaches for management or co-management also are important elements to understand. Conservation objectives: It is important to understand the overall conservation objectives of the MPA network that need support in legislation. Key guiding principles here include: to take account of long-term needs for building an MPA network, not only needs of existing sites; use a science-based approach; envision the full range of IUCN management categories; anticipate that some areas may be entirely coastal, offshore in deepwater, or some combination. Legislative approaches – A primary consideration is to link MPA provisions to the overall PA legal framework so that the MPA network and sites are part of an overall PA system. In this context, there are three main options for framing MPA legal provisions: Umbrella law using one instrument for all sites, either as part of the overall PA law or as a separate umbrella MPA law; Site-specific laws where an MPA site or group of sites have distinct legislation; Some combination with some large and distinct sites having their own laws, while other sites are covered by an umbrella law (for example, the Great Barrier Reef Marine Park in Australia with its distinct law, plus an overall MPA framework). Legislative approaches

Preparations Preliminary provisions Picture: Solitary Islands Marine Park, Australia © IUCN Photo Library/Hamish Malcolm NOTES FOR EDUCATOR Return to the Seminar Overview. Highlight that the Learners should now have an overview of the kinds of basic preparation tasks important to undertake before reviewing, advising on, or drafting MPA legislation. Indicate that we will now address the second main legal area needing attention: Preliminary provisions in MPA-related law. Explain that such preliminary provisions provide the foundation principles and concepts that guide implementation. [Take note that this discussion builds on generic elements of protected areas-related legislation dealing with preliminary provisions, covered in Module 3].

Preliminary Provisions
Policy Objectives Key definitions Picture: Great white shark spyhopping off Dyer Island © IUCN Photo Library/Klaus Jost [IUCN Photo 4925] NOTES FOR EDUCATOR This topic covers four main areas that are commonly addressed in protected areas legislation where there are special considerations that need attention in MPA legislation: Policy, Objectives, Key definitions, and Institutional arrangements. Institutional arrangements

National marine conservation policy Other sources of policy
Role of policy National marine conservation policy Other sources of policy Examples Picture: Great white shark spyhopping off Dyer Island © IUCN Photo Library/Klaus Jost [IUCN Photo 4925] NOTES FOR EDUCATOR Highlight the importance of supportive policy for achieving effective legislation for MPAs and MPA networks. Because MPA policy has lagged behind of that of terrestrial PA policy in many countries, the potential for strengthening MPA policy to reflect national and global MPA targets is likely to be high. Policy provides vision, mission, goals and objectives for the current or planned MPA network. With this introduction, ask Learners what policies do they think are important to help guide and support an MPA network and specific sites. Following discussion, go through the points on the slide, one by one, elaborating as useful. Role of policy: Policy guides the scope and content of marine provisions and ensures that they address not only current needs but also future needs. Wherever possible, MPA legislation (for example in the title or preamble) or supporting background documents could include a provision on existing marine and oceans policy the legislation aims to implement. This helps policy makers, officials and stakeholders understand the policy basis for the law. Where a marine and oceans policy does not exist, a provision may be added to the legislation. National marine conservation policy: Ideally, there will be an explicit national or sub-national marine/oceans policy declared by the government or otherwise provided, for example, in the constitution. A national marine conservation policy or strategy outlines a country’s vision, goals and objectives for protecting marine and coastal biodiversity. Such documents provide the opportunity to identify government’s commitment to specific principles, such as marine biodiversity conservation, ecosystem-based marine management, MPA networks and connectivity, and science-based decision making. Other sources of policy: Marine and oceans policy may also be reflected in policy reports of a general nature (such as sustainable development strategies) or of a more targeted nature (such as national biodiversity strategies or action plans). It may also be grounded in or draw from obligations under international or regional conventions to which the country is a Party, for example, the Convention on Biological Diversity, Ramsar, or the Convention on Migratory Species (all discussed in detail in Module 10). Examples: Overall policy – for example, an overall policy goal could be to establish and maintain a network of marine and coastal protected areas that is comprehensive and representative of the full range of habitats and ecosystems, giving priority to rare or unique habitats, and including connectivity conservation needs. Specific elements – for example, policies to protect coral reefs, coastal zones, or other fragile and biodiversity-important ecosystem types, provide for the continued social and economic well-being of affected peoples, recognize and protect traditional tenure and marine resource rights and diverse governance approaches so long as compatible with the conservation objectives of the MPA network or specific sites. Overall policy Specific policies

International guidance Site-specific objectives
Role of objectives International guidance Network objectives Site-specific objectives Picture: Great white shark spyhopping off Dyer Island © IUCN Photo Library/Klaus Jost [IUCN Photo 4925] NOTES FOR EDUCATOR Start by asking the Learners what important objectives do they think could be reflected in MPA legislation and why, taking into account what they already have learned in earlier slides, where relevant appropriate. Following discussion, go through the four points on the slide, one at a time, amplifying as noted below. Encourage additional discussion and input, as appropriate, from the Learners based on their situations. Optional: consider drawing more examples from the main sourcebook and consider putting some examples from those guidelines (pp ) into a separate handout. Role of objectives: As with terrestrial protected areas, legal provisions on MPA objectives help guide decision making on establishment; management planning, monitoring, and evaluation; and control of activities within the network or specific sites. Objectives become the baseline by which to assess accountability, and the performance and effectiveness of decisions taken and approaches used. They may become an element of judicial review when there are legal challenges. International guidance: International decisions provide guidance on objectives. For example: In 2010, the CBD Parties adopted the Strategic Plan for Biodiversity 2011–2020, with Target 11 setting out the goal of 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved (covered in detail in Module 10). In 2002, the World Summit on Sustainable Development (WSSD) laid out several specific marine objectives such as using the ecosystem approach, eliminating destructive fishing practices, establishing marine protected areas consistent with international law and based on scientific information, and planning for proper coastal and watershed use (UN, 2002, para. 32(a)). Network objectives: Some common objectives for MPA networks include to – Protect substantial examples of representative and ecologically important marine and coastal ecosystems to ensure their long-term viability, maintain their biological diversity, and be resilient to change, including climate change; Provide conservation connectivity between specific core areas to ensure the integrity of those protected sites and their species and ecosystems; Accommodate the full range of conservation objectives and management categories from strict protection to multiple use, and human activities compatible with the primary conservation objectives; Recognize and use the full range of governance approaches, as feasible and available, for managing specific sites or zones within sites in accordance with the purposes for which the site or zone was designated. Site-specific objectives: Multiple objectives may be applied to a single site or to interconnected sites. Some network objectives could also apply to specific sites. Examples of site-specific objectives include to: Protect or restore a specific scientifically important ecosystem or ecosystems, including coral reefs, seagrass beds, deep seabed vents or other biodiversity hot spots, tidal estuaries, spawning, nesting or feeding grounds for important marine species; or critical habitats for rare, threatened or endangered marine species and the ecosystems on which they depend; Conserve sites high in marine biodiversity, including marine genetic diversity, in order to prevent genetic impoverishment of marine species; Protect specific sites of international importance, for example, Ramsar wetlands, world heritage marine sites, and sites for climate change adaptation and mitigation.

Purpose of definitions Jurisdictional definitions
Key definitions Purpose of definitions What is an MPA? What is an MPA Network? Picture: Great white shark spyhopping off Dyer Island © IUCN Photo Library/Klaus Jost [IUCN Photo 4925] NOTES FOR EDUCATOR Turn to the third issue for preliminary provisions of MPA law: key definitions. Start by explaining that there are a few specific terms relevant for MPAs that need attention in MPA-related legislation. Then go to the slide and indicate the four points that will be covered under definitions. Jurisdictional definitions

… Purpose of definitions
Give meaning to core terms Terms with special meaning Provide clarity Picture: Great white shark spyhopping off Dyer Island © IUCN Photo Library/Klaus Jost [IUCN Photo 4925] NOTES FOR EDUCATOR Start by asking the Learners what they think are the main purposes for having some definitions in MPA legislation and what might be important considerations when including a definition. What might be important terms to define. Following this discussion, go through the points on the slide, one by one, amplifying as useful. Give meaning to core terms: A definition section should define core terms that are central for MPA implementation where their definition has special application. For many terms, the ordinary dictionary meaning applies in which case the term does not need to be defined in the law. Commonly, MPA legislation contains a distinct section on definition or interpretation of key terms, sometimes called ‘dictionary’. Terms with special meaning: The focus should be on terms that are necessary and central to the application of the law because of their special scientific, technical or other special meaning, for example, ‘biodiversity’. In some cases new or revised legislation will replace an old definition and the new definition will be universally applied, which should be stated. There may be special circumstances where both definitions will apply for an interim period, but the goal should be to phase out the old definition. Provide clarity: it is important not to over-define terms, or the legislation may become difficult to apply. Terms should be defined in such a way that the definition does not use terms that, in turn, require their own definitions. Or terms should not be so narrowly defined that they quickly become outdated or are too restrictive, limiting effective implementation. Reflect international definitions: International law and guidance may provide useful definitions to incorporate directly or with some adaptation. Examples of international definitions relevant for MPAs include ‘wetlands’ in Ramsar, MPA and MPA network by IUCN and CBD, and ocean zones in UNCLOS (all covered in Module 10). Reflect international definitions

… What is an MPA IUCN CBD Essential considerations
… 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. generic PA definition applies … 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. NOTES FOR EDUCATOR Continuing from the prior slide, now turn to this slide. Indicate that international guidance is available for definitions of an MPA that could be used in national legislation. Two main sources are IUCN and the CBD. Now go through the definitions on the slide. IUCN: The IUCN definition, adopted in 2008, is a generic definition applicable to all protected areas, including MPAs. MPA managers and conservation practitioners consider that this definition (which replaced an original 1988 MPA definition, provides a clearer distinction between conservation-focused sites and those where the primary purpose is extractive use, i.e., fisheries management areas, which would not qualify as MPAs. The new definition also more clearly supports links and compatibility between coastal and marine areas. CBD: The CBD definition, adopted in 2004 as part of the CBD Programme of Work on Marine and Coastal Biological Diversity, also calls for legal or other effective means for designating an area. Additional CBD guidance provides that MPAs may cover such areas as “… permanent shallow marine waters; sea bays; straits; lagoons; estuaries; subtidal aquatic beds (kelp beds, seagrass beds; tropical marine meadows); coral reefs; intertidal muds; sand or salt flats and marshes; deep-water coral reefs; deep-water vents; and open ocean habitats” (CBD COP 2004 VII/5, fn. 1). Essential considerations: To be recognized as an MPA in the World Database on Protected Areas (which generally uses the IUCN definition, any area or zone (e.g., a fisheries protection zone) must have conservation as its primary objective. At the same time, the generic IUCN definition is meant to apply across all PA management categories, from strict protection to multiple use, allowing for MPAs to have sustainable use objectives so long as consistent with the primary conservation objectives and recognizing that not all MPAs must be no-take zones. Essential considerations primary objective conservation applies to all categories

… What is an MPA Network IUCN definition -- national/subnational network: A collection of individual marine protected areas operating cooperatively and synergistically, at various spatial scales, and with a range of protection levels, in order to fulfil ecological aims more effectively and comprehensively than individual sites could alone. The network will also display social and economic benefits, though the latter may only become fully developed over long time frames as ecosystems recover. […] Representative networks of MPAs [are] those that contain examples of all habitats and ecological communities of a given area. CBD definition -- global network: A global network provides for the connections between Parties, with the collaboration of others, for the exchange of ideas and experiences, scientific and technical cooperation, capacity building and cooperative action that mutually support national and regional systems of protected areas which collectively contribute to the achievement of the programme of work. This network has no authority or mandate over national or regional systems. Notes for Educator Continue with discussion of MPA-related definitions to consider in legislation. Turn to the slide and go through the IUCN and CBD definitions, amplifying as appropriate. IUCN definition – Review the definition and highlight a few points such as the emphasis on a range of protection levels and scales, ecological aims as well as social and economic benefits, and examples of all habitats and ecological communities for a network. CBD definition – Review the definition, highlighting the emphasis on a global network of MPAs, not only national networks, as an important concept for meeting marine biodiversity goals overall.

… Jurisdictional definitions
Marine area under national jurisdiction Territorial sea EEZ Continental shelf Coastal (near-shore) marine area estuaries tidal reaches river mouths coastal lagoons open coast territorial sea NOTES FOR EDUCATOR Start by highlighting there are special considerations with respect to how far national MPA law may extend out from the coast. UNCLOS, the global oceans law that sets out a comprehensive framework for use of the world’s oceans, defines ocean zones and state’s rights and obligations in each. [Take note that these ocean zones are defined in detail in Module10.] Then go through the three ocean zones highlighted on the slide. Amplify with the notes below, as appropriate. Encourage discussion of specific situations where the Learners might have experience or add examples of national MPA legislation recognizing some zones. Marine areas under national jurisdiction: The three ocean zones that normally comprise marine areas under national jurisdiction are: Territorial Sea, Exclusive Economic Zone (where a country has declared an EEZ), and Continental shelf. Territorial sea: This is an ocean zone extending out 12 nautical miles from the land; in this zone coastal states have full sovereignty, subject to the right of innocent passage of foreign ships. EEZ: One of the most significant new UNCLOS concepts is the Exclusive Economic Zone (EEZ), an ocean zone measured out to a maximum of 200 nautical miles from the outer limit of a coastal state’s territorial sea. This zone significantly expands the rights and obligations of states to conserve and manage their natural resources, whether living or non-living, and establish more MPAs in deep waters and on a larger scale. Many countries now extend their marine areas under national jurisdiction to the EEZ. It is important for MPA legislation to be clear that MPAs may be created to the limit of their declared EEZ, where that is the intention. Continental shelf: The marine area under national jurisdiction may go beyond the EEZ where a country’s continental shelf goes beyond. Where this is the case and has been so recognized under international law, MPA legal provisions may take this extended limit for the purposes of establishing MPAs. Coastal (near-shore) marine areas: The development of protected areas in coastal (near-shore) marine areas, commonly known as coastal zones, is most common. Coastal MPAs have specific considerations that may not occur in deepwater environments. These include the agency(ies) involved, multiple sector laws, and many stakeholder groups (for example, local communities, indigenous peoples, private entities) who may have property resource use rights in the coastal zone. Particularly where jurisdiction over coastal (near-shore) marine areas and deepwater (off-shore) marine areas may involve different authorities it is important to be clear in MPA-related law. While there is no international standard or recognized legal definition for a coastal (near-shore) marine area, or ‘coastal zone’, the concept is generally understood to mean: coastal waters (and the land thereunder) and adjacent shorelands (and the waters therein) that strongly influence each other. This includes estuaries, tidal reaches, mouths of coastal rivers, coastal lagoons, the open coast, and the seabed and water column of the sea, out to the limit of the territorial sea. Deepwater (off-shore) marine area: This area is the seabed and water column with habitats and ecosystems beyond the limit of the territorial sea. In this area, scientific understanding is likely to be less as compared with the coastal zone. Deepwater areas also raise special management and enforcement challenges and require different equipment. Deepwater (off-shore) marine area beyond territorial sea

Institutional arrangements
Main purposes Highest level institutions Management institutions Picture: Great white shark spyhopping off Dyer Island © IUCN Photo Library/Klaus Jost [IUCN Photo 4925] NOTES FOR EDUCATOR Move on to the fourth issue to be covered under Preliminary provisions: institutional arrangements. Go to the slide to introduce the four points covered concerning special needs of MPAs. [Take note that generic institutional arrangements for protected areas (including MPAs) are covered in Module 3.] Coordination and advice

Main purposes Clearly designate powers Provide support mechanisms
Marine/coastal authorities Coordination/collaboration Different levels Advice/feedback NOTES FOR EDUCATOR Begin by asking students what they understand from their situations the main purposes for institutional provisions in MPA law. Following discussion, go through the two main groupings on this slide, one by one, amplifying with the notes below. Clearly designate powers: The most fundamental function of legal provisions in the MPA legal framework is to provide for clear designation of main powers and responsibilities of marine and coastal protected areas authorities. This applies from the highest policy level to the implementation on the ground. Provide support mechanisms: A second main function for institutional provisions is to provide for support mechanisms, especially coordination, collaboration, and formal and informal advisory committees or groups. With this broad distinction in mind, move on to the next slides to explore specific institutional considerations related to these two main purposes.

Highest level institutions
High policy-level body Minister Head of State Council/Commission Lead MPA authority NOTES FOR EDUCATOR This slide starts the discussion with a focus on the highest-level institutions that need to be taken into account in MPA law. Go through the two main points, amplifying as useful. High policy-level body: A high policy-level body is normally designated with overall responsibility for the network of marine and coastal protected areas, as well as where specific sites have separate legislation. This body is typically the minister in charge of the overall protected areas system of which the MPA network is a part. In some jurisdictions, this policy responsibility may be taken on directly by the Head of State. Alternatively it may be under a separate ministry handling marine or other matters. Where the terrestrial and marine protected areas are under different policy-level bodies, creation or designation of a high-level policy body for coordination should be considered. Lead MPA Authority: MPA legal provisions should identify/create the specialized government agency or other lead technical authority responsible for overall implementation of the MPA law and management of the MPA network, or where sites have separate legislation,, the lead MPA authority for specific sites should be indicated in those instruments. In many countries, this will be the national agency or department (or statutory corporation) with responsibility for the overall protected areas system. In some countries, a specialized coastal or marine authority could assume responsibility for MPAs overall or specific sites. National implementation Overall network management

Management institutions
Options Single management entity Management units for specific sites Transboundary management Levels NOTES FOR EDUCATOR Continuing with the institutional discussion, turn now to MPA management institutions for the MPA network or specific sites. Go through the two main aspects on the slide (options and levels), amplifying with the notes provided and additional examples or experiences that may be provided. Options: Different options exist for how the authority for management is designed. The main options are: Single management entity -- The MPA network overall may be governed by a single authority, particularly where there are few MPA sites located in relatively close proximity, or where there is minimal monitoring and enforcement required. This authority may be the overall protected areas authority for both terrestrial and marine areas, or a separate authority for the MPA network. Management units for specific sites -- Alternatively, individual sites or groups of sites in the network (whether set up by umbrella legislation or a separate act) may have specially designated management authorities. This may be the case especially where sites are very large with multiple zones (e.g., the Great Barrier Reef Marine Park Authority). In countries where the marine jurisdiction extends to the EEZ, it may be necessary to designate different management authorities as a matter of practicality, particularly where sites are diverse and widely dispersed and need significant monitoring and enforcement attention. Transboundary management – Where transboundary marine protected areas or transboundary issues of management affecting national MPAs are involved, separate transboundary management arrangements may be needed among the relevant management entities on each side of the boundary. MPA legislation may recognize and authorize this possibility in general terms or for specific sites, normally leaving the details to formal or informal agreements worked out between the different countries or management units. (Module 12 covers legal considerations for transboundary protected areas which generally apply to transboundary marine areas.) Levels of management: Different levels of management authority may exist. These include: Central authority – In centralized forms of government, the management unit(s) typically will be a designated unit within the central MPA authority. Federal/decentralized systems -- In federal states or decentralized forms of government, there may be parallel entities with responsibilities at the provincial or state level, or special negotiated arrangements for collaborative management between central and provincial levels of government. Non-state actors: A local approach to MPA management may be most responsive to on-site needs, for example, traditional fishing grounds with valuable biodiversity managed for conservation and sustainable use by indigenous peoples, local communities, NGOs, or local corporations. In such cases, the local entity involved has first-hand knowledge about the natural resources and management needs of the site and a direct economic interest in managing the site sustainably. Legal provisions for MPAs should authorize the possibility that local entities could be designated by agreement to manage particular sites (either as sole manager or co-manager) with appropriate conditions and support. Federal/ decentralized systems Central authority Non-state actors

Coordination and advice
Coordination and collaboration Advisory mechanisms Between terrestrial and MPA authorities Across key sectors Incorporate diverse governance types Harmonize laws across sectors or within PA legal framework For MPA network or specific sites/issues Scientific input Governance input Data collection and monitoring Education and awareness building Notes for Educator Continue with the fourth area of institutional arrangements needing attention in MPA law: coordination and advise. These functions may be designated to specific institutions on a permanent basis or entities may be created as needed, with general responsibilities or specific tasks. Turn to the slide and the two main functions with their associated considerations. Coordination and collaboration: It is important for MPA law include coordination and collaboration functions among the responsibilities of entities with overall policy or management roles for the MPA network overall or specific sites. Go through the individual considerations in the slide that could help frame the specific purpose of these mechanisms, whether existing or new. Advisory committees: MPA legislation should consider authorizing MPA authorities to establish advisory committees. Thess also could be permanent for some functions, such as providing ongoing scientific advice, or authorized to be created as needed for input on special issues, such as for special governance options and arrangements for particular sites. Go through the functions on the slide that advisory committees may serve.

Preparations Preliminary provisions Substantive legal elements Picture: Solitary Islands Marine Park, Australia © IUCN Photo Library/Hamish Malcolm NOTES FOR EDUCATOR Return to the Seminar Overview. Highlight that the Learners should now have a basic understanding of the main kinds of preliminary provisions normally covered in MPA legal frameworks. These kinds of preliminary considerations set the foundation for substantive elements required under the law for effective MPA networks and sites. Indicate that we will now move to the third main issue being covered by this Module: substantive legal elements for MPA legal frameworks.

Substantive legal elements
Strategic planning Establishment Management Picture: Juvenile green sea turtle swimming in shallow coral reef © IUCN Photo Library/Andre Seale [IUCN Photo 4965] NOTES FOR EDUCATOR This section is composed of four main topics. Each will be addressed in turn, as follows: Strategic planning Establishment Management Governance Governance

Representative networks Specific objectives –most valued sites
Strategic Planning Overall goal – Representative networks Specific objectives –most valued sites Focus of legislation Picture: Juvenile green sea turtle swimming in shallow coral reef © IUCN Photo Library/Andre Seale [IUCN Photo 4965] NOTES FOR EDUCATOR Start with some context. Strategic planning for marine areas is increasingly being recognized as a necessary long-range planning tool to build ‘networks’ of marine and coastal protected areas as part of the overall PA, not merely individual unrelated sites, and accommodate the special features, threats and challenges of marine environments. [Take note that generic considerations of strategic planning for PAs generally are covered in Module 4.] Now, highlight the three main points on the slide, amplifying, as useful. Overall goal – representative networks: The overall goal of MPA strategic planning is provide a long-range plan for building and maintaining the country’s MPA network so it is effective, equitable and representative of the range of marine and coastal biological diversity within the given area. (These concepts, elaborated by IUCN and CBD, are discussed in more detail in the slides below on establishment of MPAs.) A strategic plan provides a framework within which MPA professionals can apply principles and goals specifically for marine and coastal protected areas as part of the larger national or regional system of protected areas. Specific objectives – most valued sites: Strategic plans provide the tool not only for ensuring that the most important representative sites are identified to be part of the MPA network. They also have the specific objective of ensuring that resources are allocated to the most highly-valued sites and that institutional capacity is developed in a systematic way as part of MPA network building and maintenance. Focus of legislation: Where feasible, strategic planning should be an explicit requirement as part of building and maintaining the MPA network to achieve its overall goals. A legal provision could call for development and regular updating of a strategic plan for the marine and coastal protected areas network, with the following special guidance for content of the plan: Incorporate existing areas, areas of high priority for designation in the near term, other areas of high priority needing additional time for study and consultation, and areas for possible consideration in the future as new data and scientific analysis become available (especially for deepwater marine areas). Include connectivity conservation needs of the network and specific sites. Incorporate options for different governance approaches that may be available for specific sites. Provide some flexibility to include new opportunities for MPA establishment or expansion even if they may not already be identified in the plan. In addition, provide flexibility for adaptive planning for emergency events and global change, including climate change.

Establishment International criteria and guidance
Use best available science and technology Account for adaptation Picture: Juvenile green sea turtle swimming in shallow coral reef © IUCN Photo Library/Andre Seale [IUCN Photo 4965] NOTES FOR EDUCATOR Move now to the second element in this section on substantive legal elements for MPAs: establishment. [Take note that generic elements on establishment in PA law are covered in Module 4.]. Turn to the slide and highlight the three key considerations noted, amplified, as useful. International criteria and guidance: CBD through the Programme of Work on Marine and Coastal Biological Diversity has elaborated criteria and guidance for designing MPA networks and sites that also is recognized by IUCN. Where feasible, such elements could be integrated into legal provisions of MPA law on establishment. These international criteria are noted in the next slide. Use best available science and technology: Stress that provisions for MPA establishment should require science-based design using the best available scientific understandings and best practice management principles. Authority to apply new technologies such as remote sensing, global positioning systems (GPS) and satellite tracking data of species to help with defining and delineating proper boundaries, ensure representative and ecologically viable areas, understand species and ecosystem behavior and threats, informing compliance and enforcement mechanisms, monitor navigation, shipping, industrial fishing and other commercial activity, and aid with data collection and scientific research. Account for adaptation: Provisions on establishment should recognize the need to consider adaptation in the design and establishment of the MPA network and sites in order to take into account global change, including especially climate change. Adaptation guidance in MPA network/site design and establishment could include using best available science to determine likely shifts in ranges and distribution of key living marine resources and reducing existing non-climate threats so that natural systems are better able to cope with climate change impacts.

…Establishment CBD criteria
[Source: Adapted from CBD COP 2008 IX/20, Annex I and II.] NOTES FOR EDUCATOR Slide showing CBD scientific criteria and guidance to take into account with legal provisions on MPA establishment. This may be distributed as a separate handout.

Highly protected zones Stakeholder participation
…Establishment Issues of scale Highly protected zones Interim protection Stakeholder participation Picture: Juvenile green sea turtle swimming in shallow coral reef © IUCN Photo Library/Andre Seale [IUCN Photo 4965] Notes to Educator Continue the discussion on special legal issues for establishment of MPAs. Go to this slide which lists additional legal considerations important to take into account with provisions on establishment, and review them one by one, amplifying as useful. Issues of scale: MPA legal frameworks should provide that individual MPA units are of sufficient size to minimize adverse impacts from activities outside the protected area (edge effects). This applies whether the MPA network is comprised of a large number of small protected areas or a few large multiple-use protected areas. Where feasible, legal provisions should promote the establishment of a few large sites rather than the establishment of several smaller sites, an approach supported by IUCN and CBD. Highly protected zones: The CBD Programme of Work on Marine and Coastal Biodiversity calls for a balanced mix of highly protected MPAs where extractive activities are prohibited permanently (no-take MPAs) and others where sustainable use may be allowed on a controlled basis consistent with the primary conservation objectives of the area (CBD COP 2004 VII/5, programme element 3 and Appendix 3). Interim protection: MPA legal frameworks should authorize the designation of sites for interim protection in cases where additional data collection for the appropriate management category and zoning (especially in deepwater areas) and controls are needed over activities that threaten to damage the area until formal designation, allowing for a precautionary approach. Stakeholder participation: Special legal provisions for MPA establishment may need to include additional processes and mechanisms to ensure meaningful participation of special stakeholders that protected area authorities may not be accustomed to consulting and to collect specialized knowledge. These may range from local communities dependent on fisheries or tourism for their livelihoods, to large domestic and foreign industrial fisheries, transit shipping and mining interests, scientific research vessels, and underwater treasure hunters. Boundaries: The legislation should specify that boundaries of marine and coastal protected areas must be simple and clearly defined in order to facilitate monitoring and enforcement. Where feasible, MPA boundaries should be digitally defined, e.g., using GIS and GPS. Verifying data for international reporting of MPAs is often hampered because digitally recorded boundaries are not available. In contrast to terrestrial areas, marine areas have fewer visible geological features or political boundaries, so their design should aim for simple shapes and reduced fragmentation, using straight boundary lines where feasible. Boundaries

Management categories Integrated management
(IUCN I – VI) Zoning plans Buffer zones Adaptive management Picture: Juvenile green sea turtle swimming in shallow coral reef © IUCN Photo Library/Andre Seale [IUCN Photo 4965] Notes for Educator Turn now to the third issue in this section on substantive elements for MPA law. Go through the five points on the slide, drawing upon the notes below, as useful. Management categories: IUCN-WCPA guidelines on protected area management categories indicate that the IUCN categories (I–VI, from strict protection to sustainable resource use) should apply to also marine and coastal protected areas. [Take note that generic provisions for PA legislation and management categories are covered in Module 4.] The next slide is an optional slide laying out the IUCN management categories again.] Zoning plans: MPA legislation should authorize zoning within an MPA site as part of its management plan. This tool (especially for large-scale MPAs) helps address issues of scale, special management needs, no-take requirements, buffer zones, and economic and other uses (for example, navigation). Normally, zoning is carried out entirely within the management plan, with boundaries and objectives specified. Buffer zones: Legal provisions on MPA management should require identification of buffer zones to take into account the special natural characteristics of marine and coastal systems, connectivity needs and environmental variability. Such zones are important to control potentially harmful economic and other human activity in surrounding waters and at the land-sea interface, and for adaptive management. Adaptive management: Start by asking the Learners what they understand by adaptive management in the context of marine and coastal protected areas and what kinds of circumstances might arise where adaptive management would be an important tool, including climate change. Following discussion, review the following points -- Adaptive management should be a consideration in the MPA management plan and zoning elements. MPA management plan implementation needs flexibility to adapt to ongoing change, including climate change, consistent with the site’s primary conservation objectives. Where adaptation requires changing legally-established boundaries, legislative amendments are required. Integrated management: MPA legislation should promote or require, as feasible, an integrated approach to management in order to take into account information about activities outside the site that may have positive or negative environmental impacts on the site. Integrated management requires collaboration with other marine sectors and users and facilitates reconciliation of multiple-use objectives (navigation, fishing, tourism, sustainable use) and connectivity. Integrated management

IUCN Management Categories
Category Definition of Management Objective Category Ia Strict Nature Reserve Strictly protected areas set aside to protect biodiversity and also possibly geological or landform features, where human visitation, use and impacts are strictly controlled and limited to ensure protection of the conservation values. Such protected areas can serve as indispensable reference areas for scientific research and monitoring. Category Ib Wilderness Area Protected areas are usually large unmodified or slightly modified areas, retaining their natural character and influence, without permanent or significant human habitation, which are protected and managed so as to preserve their natural condition. Category II National Park Protected areas are large natural or near natural areas set aside to protect large-scale ecological processes, along with the complement of species and ecosystems characteristic of the area, which also provide a foundation for environmentally and culturally compatible spiritual, scientific, educational, recreational and visitor opportunities. Category III Natural Monument/ Feature Protected areas are set aside to protect a specific natural monument, which can be a landform, sea mount, submarine cavern, geological feature such as a cave or even a living feature such as an ancient grove. They are generally quite small protected areas and often have high visitor value. Category IV Habitat/Species Management Area Protected areas aim to protect particular species or habitats and management reflects this priority. Many category IV protected areas will need regular, active interventions to address the requirements of particular species or to maintain habitats, but this is not a requirement of the category. Category V Protected Landscape/Seascape A protected area where the interaction of people and nature over time has produced an area of distinct character with significant ecological, biological, cultural and scenic value: and where safeguarding the integrity of this interaction is vital to protecting and sustaining the area and its associated nature conservation/ other values. Category VI Protected Area with Sustainable Use of Nature Resources Protected areas conserve ecosystems and habitats, together with associated cultural values and traditional natural resource management systems. They are generally large, with most of the area in a natural condition, where a proportion is under sustainable natural resource management and where low-level non-industrial use of natural resources compatible with nature conservation is seen as one of the main aims of the area. [Source: IUCN Guidelines for Applying Protected Area Management Categories (2008)] NOTES FOR EDUCATOR Optional slide: IUCN Management Categories with a description of each category (discussed in detail in Module 4).

Governance International guidance
National provisions on governance types State-owned/ controlled Indigenous/ local communities Private NGOs Picture: Juvenile green sea turtle swimming in shallow coral reef © IUCN Photo Library/Andre Seale [IUCN Photo 4965] Notes for Educator Now turn to the fourth substantive area that MPA law should address: governance. Note that governance raises some special considerations for marine and coastal protected areas and review the two main points on the slide, amplifying as useful. [Take note that Module 2 gives extensive coverage to generic governance issues for protected areas legislation, which also apply to MPAs.] International guidance: IUCN, CBD, other international law instruments, the World Bank and other international organizations promote recognition of diverse governance approaches for MPAs. National provisions on governance types: National legal frameworks for MPA networks and sites should include provisions, where feasible, to recognize and support diverse governance approaches or governance types with management or co-management of MPAs that are part of the formal PA system. Governance types include the following: State-owned and state-controlled MPAs – The classic approach to marine protected areas is governance by government, meaning usually that the coastal or marine area involved is state-owned or state-controlled. In most countries, submerged lands, natural resources, sea bottom and waters in coastal and marine environments are public property over which the government has jurisdiction, subject to international law. This usually simplifies to some extent the authority of governments to declare MPAs and develop MPA networks with public support. Indigenous/local communities – A special governance type to be recognized in MPA law, where potential exists, is governance of specific sites by indigenous or local communities. Many marine and coastal areas have traditionally been ‘used’ by fishing and coastal communities. These communities may have traditional or statutory resource use rights and specialized knowledge on how to sustainably manage these resources and habitats. By mutual agreement and with appropriate support, these communities might be given authority to manage or co-manage such sites. Private property owners – biodiversity-rich coastal areas suitable for designation as MPAs may include private property (such as wetlands, estuaries). Another governance type gives private property owners management or co-management authority over those specific sites. These sites may already be voluntarily managed for conservation by the landowner (individual or corporation) and legal provisions should recognize the possibility that such areas could be part of the formal MPA network where they meet the conservation requirements. NGOs – in some countries, NGOs have assumed management responsibilities for certain MPAs, and where this may be an option, the possibility should be authorized in MPA legislation, both in near-shore and in deepwater areas where there is capacity. Co-management (or shared management) – Co-management of MPAs is a governance approach with significant potential for expansion in countries setting up MPA networks. A wide range of actors may be involved, from private-sector fishing operators and tour operators, to NGOs, communities and individuals. Co-management between a government and such entities, for example, may involve formal assignment by the government (through license, lease or other legal means) of long-term fishing or other resource use rights in designated MPA zones designated for sustainable use. Delegated responsibilities could include specific monitoring and data collection duties, regular reporting, and special incident reporting. Co-managed

Preparations Preliminary provisions Substantive legal elements Picture: Solitary Islands Marine Park, Australia © IUCN Photo Library/Hamish Malcolm NOTES FOR EDUCATOR Return to the Seminar Overview. Highlight that the Learners should now have a better understanding of the main substantive areas that MPA legislation should cover and specific considerations for those important to address for marine and coastal environments. Indicate that we will now turn to the fourth main section of this Module: Tools for implementation. Tools for implementation

Tools for Implementation
Regulations Promoting compliance Enforcement and surveillance Picture: Silhouette of a manta ray, German Channel, Palau © IUCN Photo Library/ Mandy Etpison Notes for Educator This section on Tools for Implementation of MPA legislation is composed of four main topics and each will be addressed in turn, as follows: Regulations Promoting compliance Enforcement and surveillance Financing Financing

conservation objectives Role of law --authority to regulate
Regulation … Goal -- safeguard conservation objectives Role of law --authority to regulate Tools -- Prohibitions General rules Permissions Picture: Silhouette of a manta ray, German Channel, Palau © IUCN Photo Library/ Mandy Etpison Notes for Educator Start with the first issue in this section: regulation. Ask the Learners what activities they think are most important to regulate in an MPA and how such regulations would be implemented. From their situations, how well do they think different regulations work, or don’t work and what techniques are most effective. After discussion, proceed to go through the points on the slide one by one, amplifying as useful. Goal: The primary goal of regulation within and in the vicinity of a designated MPA is to control and manage activities in order to safeguard the primary conservation objectives. Sometimes these objectives and the kinds of regulation needed may be guided by international law obligations. Highlight the principle that each MPA network and its individual sites will have some special features and potential uses or threats needing attention with regulation. Role of law: The primary role of law is to provide the necessary authority to regulate different activities. Legal provisions need to have some clarity on the kinds of activities that may be regulated and how, for effective use, accountability, and for as needed in judicial review if specific regulations are challenged. Tools: Indicating that there are three different kinds of regulatory tools normally authorized in MPA legal frameworks for controlling activities: Prohibitions – some activities should always be strictly prohibited throughout the MPA network and within all sites because they clearly threaten its fundamental purposes and conservation objectives. These include damaging coral and other critical marine habitat; taking or harming rare, threatened or endangered marine species; large-scale extractive activities like mining and industrial fisheries; and dumping of ship waste, bilge water, toxics, or other pollutants. General rules -- activities normally associated with public use of an MPA may be authorized by general rules. These may be communicated by public notice, interpretive signs in coastal MPAs, maps, handouts and brochures about the site that demarcate the zones available for different uses or where specific uses are prohibited. For example, sites might be identified to permit or restrict recreational activities (e.g., snorkeling, diving, boating, swimming, fishing). Authority is needed to be able to adjust rules for emergencies or changing circumstances. Permission – Some activities are prohibited except with written permission so long as consistent with the site’s conservation objectives and management plan, and subject to conditions, including fees, location, and time period. Permits, licenses, or concession contracts are common instruments used to give written permissions, for example, for special events, ecotourism companies, docking cruise ships, recreational diving operators, fishing charters, and food or other service concessions within the MPA.

Biodiversity prospecting
Regulation Fishing Tourism Biodiversity prospecting Scientific research Picture: Silhouette of a manta ray, German Channel, Palau © IUCN Photo Library/ Mandy Etpison Notes for Educator Now move on to discussing specific examples of activities that normally need strict regulation and commonly will be prohibited, at least in MPA core areas. If allowed, these activities should only be by written permission with very clear conditions, including fees, strong controls and regular monitoring/reporting requirements. Ask the Learners what they think are some of the most common activities needing such attention, drawing especially from their understandings of threats to MPAs. Turn to the slide and discuss the four activities noted, one by one, amplifying as useful. Fishing: Sites within a MPA network or zones within specific sites that are no-take zones should be completely proected from any extractive fishing activity, even for sports or recreational fishing. Other zones or sites may be used for recreational purposes, possibly including some recreational fishing or shellfish harvesting. Where this is the case, legal provisions should authorize regulation by general rules or by specific permit or license. This authorization should also provide the authority to set fees, conditions, quotas, boating and other restrictions to ensure the activity is not harming the MPA. Industrial fishing is a special activity that generally is prohibited within any MPA of any category. However, there may be zones where local small-scale fishing operators or artisanal fisheries with traditional or customary rights permit some fishing activities so long as sustainable and consistent with the management plan. Tourism: MPA legal provisions should require that tourist activities be conducted in an ecologically sustainable manner, with regulations as needed, whether by specific or general rules or written permit. This is an area of significant growth in many regions as the tourism industry and tour operators are developing new offerings and there are more and more residents and visitors interested in marine experiences. Without proper regulation, tourism can lead to overuse and abuse of the very areas with attractions – e.g., coral reefs, underwater archaeological sites, beaches. Biodiversity prospecting: Bioprospecting, an area of growing commercial interest, is the act of searching for previously unknown organisms or genes that can form the basis of a new biological product, such as a drug or cosmetic. Many natural products have already been developed from marine organisms, and the marine environment represents a likely source of future products, as there has been much less exploration than on land. Bioprospecting should be prohibited generally inside MPAs. If bioprospecting is a possibility in nearby marine waters, legal provisions should provide for strong controls and safeguards, using international standards where appropriate, including regular reporting requirements, sustainable collection practices with minimum impact on the nearby site, employment of local people, scientific information and technology sharing and transfer, training for domestic scientists for joint research, and benefit sharing. Scientific research: Scientific research inside an MPA should be strictly controlled and require a limited permit. In some jurisdictions marine scientific research in an MPA is one of the primary activities, after fisheries, requiring oversight and control.

Building partnerships Supportive legal provisions
Promoting compliance Building awareness Building partnerships Supportive legal provisions Picture: Silhouette of a manta ray, German Channel, Palau © IUCN Photo Library/ Mandy Etpison Notes to Educator Start by emphasizing that the unique challenges presented by marine and coastal protected areas call for special efforts to promote compliance and self-enforcement. Ask the Learners what specific activities they think could be undertaken by MPA managers and authorities to promote compliance and self-enforcement, and how legislation could be supportive. Following discussion, go through the three points on the slide, one by one, amplifying with notes below and examples you may want to draw upon. Building awareness: Stakeholders need to understand the purpose of the marine and coastal protected areas network, activities that are permitted and prohibited in different sites and why, location of boundaries, benefits to them, and how they can participate. Building this awareness benefits from an educational strategy and programme for communities and other stakeholders that should be promoted in the legislation. Building partnerships: Reaching out to stakeholders as partners in promoting compliance can significantly expand outreach capacity of MPA authorities. Partnerships across sectors and user groups are most effective and long-lasting when the groups concerned have been involved in MPA design and management decisions from the beginning. Involving indigenous and local communities in the governance of MPAs also helps promote local compliance and self-enforcement. Supportive legal provisions: Supportive provisions for compliance and self-enforcement could include: Defining ‘authorized enforcement officer’ for the purposes of marine and coastal protected areas to include local community officers trained and certified for enforcement and surveillance responsibilities, including special duties in outreach, education, and interpretation of the MPA sites and the regulations to protect their values and benefits. Authorizing MPA authorities to develop partnership agreements with local communities and traditional and commercial user groups for surveillance, monitoring, and data collection in specific MPAs. There could be training for such partners to also handle and report on suspicious or offending behaviour, and collaborate with enforcement agencies when offences are prosecuted. This is as relevant for large offshore marine areas as coastal MPAs.

Enforcement and Surveillance
Special challenges Special tools Example using new technologies Picture: Silhouette of a manta ray, German Channel, Palau © IUCN Photo Library/ Mandy Etpison Notes for Educator Now move on to the third issue covered under the section on tools for implementation: enforcement and surveillance. Start by asking the Learners what they think are some of the special challenges for enforcement and surveillance in marine and coastal protected areas. Raise the question of how these challenges might vary for coastal near-shore MPAs and deepwater off-shore MPAs. Following discussion, highlight the three points on the slide, one by one, amplifying as useful. [Take note/remind Learners that generic considerations for protected areas on enforcement and surveillance as discussed in Module 6 apply equally to marine and coastal protected areas, and the discussion here builds on those considerations.] Special challenges: The special features of marine environments present special challenges for enforcement and surveillance in MPA networks and sites. Sites may be widely dispersed across extensive bodies of water where monitoring and surveillance is difficult and prohibitively expensive, requiring specially trained personnel, access to appropriate vessels or aircraft, or high-tech equipment. Outer boundaries 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 ocean sites. Extreme and unpredictable weather conditions, especially in deepwater areas, raise extra safety issues. Special tools: To be effective with enforcement and surveillance, especially of large offshore areas, MPA managers are finding it increasingly necessary to make use of new technologies, such as remote sensing and satellites to track vessels, GPS to accurately identify whether vessels are illegally inside the boundaries of a protected area, and chemical analyses to identify and link specific pollutants to a source. Data from such technologies is increasingly key evidence for prosecution. MPA legislation should recognize and encourage the use of these new technologies. Example using new technologies: Select an example of an existing MPA in your region (and/or the Gully MPA case study highlighted on the next slide) to discuss how current and new technologies are or could be used to help support enforcement and surveillance.

…Enforcement and Surveillance
Optional slide showing Gully MPA, Canada Notes for Educator Optional slide: If you are using the Gully MPA case to illustrate the special challenges of enforcement for deepwater MPAs, rather than one you provide, here is a slide on the site. You may wish to ask Learners to study sections of the case study especially on enforcement and surveillance. The case study is in the IUCN Guidelines for Protected Areas Legislation, and online at: Background on the Gully MPA: the first east coast MPA under Canada’s Oceans Act. The ‘Gully’ is the largest submarine canyon in eastern North America, located approximately 200 km south-east of Nova Scotia, over 65 km long and 15 km wide, with the deep-water portion of the canyon more than 2500 meters at the mouth. It hosts a spectacular diversity of marine life, deep-sea corals, commercial and non-commercial fish species, at least 14 species of marine mammals, and in the deep part of the canyon, provides key habitat for the Scotian Shelf population of northern bottlenose whales, estimated at only 130 individuals and listed as endangered. In light of various human threats, including offshore oil and gas exploration and exploitation, the Management Plan (including the plan’s zoning) is driven by four priority conservation issues: protecting whales from the impact of human activities; protecting sea-floor habitat and benthic communities from alteration; maintaining and restoring water and sediment quality; and conserving commercial and noncommercial living resources. (Case study, pp ) Because of the Gully MPA’s deepwater and offshore location, MPA managers supplement traditional sources of shipping information (navigation plans, ship logs), with remote sensing and satellite training technologies, for example, to monitor positional information received from vessel-based Automatic Identification Systems and other offshore intelligence data collected by several government agencies. With the aid of these technologies they are able to track and understand daily vessel traffic patterns in and near the MPA and to communicate with vessels when required, for example, when they are too close to MPA boundaries or mistakenly cross over. This information is used, where needed, for prosecution of cases.

Public-private partnerships
Financing Core financing Collecting user fees Public-private partnerships Picture: Silhouette of a manta ray, German Channel, Palau © IUCN Photo Library/ Mandy Etpison Notes for Educator Turn now to the fourth issue in the section on tools for implementation: financing. [Take note again that considerations of financing for MPAs build on the generic financing discussion in Module 6.] Begin by explaining that MPA financing may be authorized by special provisions governed by finance law and cleared through the Ministry of Finance, Treasury, or other government entity with such authority. Then run through the four points on MPA financing as they appear on the slide. Core financing: As an overarching requirement, governments should provide core financing from general revenues to support the protected areas system, including marine and coastal protected areas. This support reinforces national commitment to the MPA network and is an essential aspect of government’s role in overseeing establishment, management, enforcement and monitoring. Collecting fees: In most countries, additional sources of financing are needed to supplement core government funding. In marine and coastal areas, this may come from user fees or as part of special permits or licenses. Fees could come from special events (coastal celebrations), special recreational activities in marine waters (e.g., diving), archeological treasure hunting, recreational fishing licenses or scientific research. A portion of industrial fishing licenses (authorizing fishing outside MPAs) could be justified based on the role of MPAs to sustain the fishery. MPA legislation should authorize the collecting of such fees and their use (in whole or in part, as feasible) for management and maintenance of the MPA network. Public-private partnerships: Many private sector actors also have substantial economic interests in the sustainability of marine and coastal ecosystems. Environmental NGOs or University programmes, for example, may have marine conservation interests. Efforts could be made to interest private-sector businesses and NGOs in supporting the MPA network or specific sites through public-private partnerships (adopting a site or species habitat, for example) for fund-raising, cost sharing, and other functions such as data collection and scientific monitoring. Special funds: Finally, subject to the legal system involved, provisions in MPA law or other legislation, may authorize the establishment of special funds to be used for management, either tied to specific activities or for general MPA operations. In some countries, legislation authorizes the creation of a marine conservation fund to receive fees, fines, confiscations, donations or international grants, and specifies conditions for its use. An example of this which the Learners may wish to study is the South Africa Marine Living Resources Fund, established under the Marine Living Resources Act, which receives funds from levies on fish products, licence fees and permits, fines and confiscations, application and harbour fees, and various transfers from the central government. Special funds

Preparations Preliminary provisions Substantive legal elements Picture: Solitary Islands Marine Park, Australia © IUCN Photo Library/Hamish Malcolm NOTES FOR EDUCATOR Return to the Seminar Overview. Highlight that the Learners should now have a basic understanding of key tools for implementation normally grounded in MPA legislation. Indicate that we will now address the fifth main section of this Module: tools for marine connectivity. [Take note that this section builds on generic elements of connectivity covered in Modules 8 and 9, and special features and international law related to marine connectivity in Module 10.] Tools for implementation Tools for marine connectivity

Tools for marine connectivity
Definition Special considerations Management approaches Ecosystem-based management MPA networks Area-based management Coastal development control Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] Notes for Educator Start with some context, emphasizing that it is now broadly accepted by scientists and marine managers worldwide that marine protected areas need to be designed and managed in the context of their broader seascape using an ecosystem approach, and that connectivity needs of MPAs is an essential consideration in this process. Then indicate that this section will cover three issues: Definitions Special considerations Management approaches: MPA networks Ecosystem-based marine management Area-based marine planning and management Coastal development control

Definition between populations between sites Challenges exchange of
eggs larvae juveniles adults between sites movement of nutrients pollutants sediments Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] NOTES FOR EDUCATOR Start by asking the Learners what they understand by marine connectivity, and why it is important to discuss in relation to MPAs and law. Following discussion, explain that knowledge about connectivity in marine systems is much less advanced than for terrestrial systems. With the help of new technologies such as satellite imaging and remote sensing, including tagging marine mammals to track migrations, scientific understandings are improving but it is still in its infancy. Then move to the slide and discuss the two main scientific approaches to defining marine connectivity, 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. With this approach, IUCN-WCPA has defined marine connectivity 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: Another approach focuses on movement between sites of nutrients, sediments, pollution, and other items in marine and coastal environments. In the context of coral reefs, a 2010 publication supported by the World Bank and other international organizations defined 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: Understanding the full scope of marine connectivity presents special challenges because of the unique features of the marine environment. What is happening in the oceans and with its marine life needs to be studied 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 the complex interactions involved, 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 Special features Complex interactions

Special considerations
Science-based decision making Ecological criteria Public property and private use rights Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] Notes for Educator Continue the discussion of marine connectivity and its relation to MPA. Turn to the slide and review the four special considerations that need attention, going one by one, and amplifying as useful. Science-based decision making: Science-based decision making is a critical principle for determining the connectivity needs of MPA sites and networks. Best available science is needed about how particular marine and coastal ecosystems function, key natural features of and threats to marine biodiversity in the area of the site, natural connectivity processes, and current and emerging understandings about climate change and its current or likely impacts on the resources involved. Ecological criteria: MPA-related legislation should include explicit ecological criteria for implementing connectivity conservation for MPAs and MPA networks, to the extent feasible. This affects legal adequacy for creating supportive marine corridors and other connectivity conservation areas. These criteria include using the best scientific information available, taking into account scale and size of the area impacting the MPA, currents, topography, and water mixing that may define/influence connectivity and biodiversity richness as well as specific criteria that may apply such as migration patterns, recruitment patterns, species of interest, and vulnerable habitats. Public property and private use rights: In contrast to many terrestrial areas (where there may be a mix of private or community property), submerged lands, living resources, and waters in coastal and marine ecosystems are generally considered public property. However, in some countries, there may be statutory or customary rights or traditional marine resource use rights, for example, artisanal fishing rights, harvesting rights of marine life in certain seagrass beds, ownership rights in coastal zones. These rights need to be accommodated where the areas involved are important for meeting MPA connectivity needs. Climate change: Climate change is having and will increasingly have serious impacts on the marine environment. An important objective to reflect in MPA legal frameworks is to provide connectivity areas for climate change adaptation of the ecosystems and marine species being protected. Legislation should direct that marine management strategies and plans include attention to the role of marine connectivity in maintaining conservation objectives of MPA sites and networks in the face of current and anticipated climate change. Climate change

Management approaches
MPA networks Ecosystem-based management Area-based management Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] Notes for Educator Now move on to the third topic in this section on Tools for marine connectivity: management approaches. Explain that this topic will highlight in the next slides four main approaches to marine management that inherently take into account connectivity needs of MPAs. They are: MPA networks Ecosystem-based management Area-based management Coastal development controls. Coastal development controls

... Management approaches
MPA Networks International guidance MPA network design should seek to maximize and enhance the linkages among individual MPAs and groups of MPAs within a given network. National law law Require that sites be designed and managed as part of an overall MPA network Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] Notes for Educator Start by explaining that a primary management tool for connectivity is MPA networks. Networks provide the context within which marine connectivity needs are identified and addressed in concrete terms in order to support the MPAs conservation objectives. The term ‘network’ is commonly used for a country’s marine protected areas system. Today, international law and international organizations, as well as almost all countries, recognize the MPA network approach as a valuable management tool for conserving marine biodiversity and connectivity, enhancing fisheries, protecting marine ecosystems and building resilience for climate change. With this context, turn to the slide and go through its two main points. International guidance: This quote reflects international recognition of the role of the MPA network approach for enhancing ecological linkages within an MPA network. Source of the quote: 2008 IUCN-WCPA MPA Guidelines, Establishing Resilient Marine Protected Area Networks—Making It Happen. Online at: National law: Then, relate this discussion to national MPA law and emphasize the importance that MPA networks be recognized in legal frameworks as a basis for site design and management, taking into account connectivity in strategic planning of MPA networks and in developing and implementing management plans of sites as part of the network.

Ecosystem-based management Required in MPA law Connectivity is inherent Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] Notes for Educator A second major management tool for marine connectivity is the ecosystem-based approach to MPA management. Go through the three points on this slide, amplifying as useful. Required in MPA law: The requirement for an ecosystem-based design and management approach for MPAs, MPA networks, and their wider linked coastal and marine environments should be grounded in law. This approach gives attention to broader ocean processes and land-sea interactions impacting the site or network. It is essential for defining effective protections for formal MPAs and needed connectivity conservation measures outside the MPA. Connectivity is inherent: The ecosystem-based management approach aims to protect the health of marine and coastal ecosystems, maintain and enhance biodiversity through marine conservation and sustainable resource use, and incorporate considerations of resilience and adaptive ability for climate change. Connectivity considerations are inherent in the success of this management approach because it requires consideration of the different components and linkages between those components. Crosses maritime zones: Using an ecosystem-based management approach for planning and management of MPA networks and connectivity needs may require attention to several maritime zones within a country’s marine area under national jurisdictions, each zone with its own considerations as to sovereign authority, consistent with international law. MPA networks within national jurisdiction also may be affected by or part of broader regional, transnational, or continental networks that cross into marine areas beyond national jurisdiction, an element that also should be recognized in legislation in relation to assessing connectivity needs of the MPA network. Crosses maritime zones

Key principles requiring attention to marine connectivity
… Ecosystem-based management Key principles requiring attention to marine connectivity Base management areas on ecosystems Focus on ecosystem health Consider cumulative effects Recognize connectivity among and within ecosystems Respond to uncertainty with precaution Coordinate at scales appropriate to specific goals Restore and protect native biodiversity Develop indicators on effectiveness Acquire more and better science for decision making Engage marine/coastal stakeholders and the public Provide for adaptive management NOTES FOR EDUCATOR Optional slide: As relevant to the particular audience and class focus, expand on the ecosystem-based management approach by elaborating key principles for marine and coastal ecosystem-based management that require attention to marine and coastal connectivity, and provide insights worth considering in law and policy. Base management areas on ecosystems in order to align decision-making with the complex issues that may affect many parts of an ecosystem. Focus on overall ecosystem health to ensure that the long-term provision of a full range of marine ecosystem services essential to the well-being of people and other living things is a higher priority than short-term economic or social goals of individual sectors or interests. Consider the cumulative impacts of different activities on the marine/coastal ecosystems, including the diversity and interactions of species. Recognize connectivity among and within ecosystems by accounting for the import and export of larvae, nutrients, and food. Respond to uncertainty with precaution such that the less that is known about a system, the more precautionary management decisions are, and that activities proceed only when there is evidence that marine/coastal ecosystem functioning will not be harmed. Coordinate at scales appropriate to specific goals including between and among oceans, coasts, and watersheds, and at local, regional, national, and international levels. Restore and protect native biodiversity to strengthen resilience to both natural and human-induced changes. Develop indicators to measure the status of ecosystem function and services and to gauge the effectiveness of management efforts. Acquire more and better science for decision making by reorienting research and monitoring to match ecosystem boundaries, develop better tools to communicate and apply information, and invest in social science, ocean science, engineering, exploration, observation, and infrastructure. Engage marine/coastal stakeholders and the public through transparent and participatory processes. Provide for adaptive management that improves future decision making through continual information gathering, periodic assessments, and modification of plans and actions, including to take into account climate change.

Area-based management Marine Spatial Planning Emphasis on planning Legal requirements Ecological principles Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] Notes for Educator Now turn to a third major management approach that supports marine connectivity conservation: area-based marine management. Explain that this is a general concept commonly understood to involve a large defined marine area in which planning, zoning, and other marine resource management and governance tools can be applied. It also serves as a geographic framework for ecosystem-based management, incorporating MPA networks and sites in the broader seascape/landscape, and taking into account connectivity needs. Two emerging applications of this concept are marine spatial planning (this slide) and ocean zoning (next slide). A third application, integrated coastal and ocean management (slide thereafter), has gained momentum in recent years as another large-scale marine management tool. Now go on to the slide starting with marine spatial planning Marine spatial planning (MSP): This tool is principally a public process aimed at allocating human activities in marine areas (in both space and time), in order to achieve certain ecological, economic, and social objectives. It is already being applied by some countries. There are four main points to highlight: Emphasis on planning -- The emphasis is on planning and the result normally is a broad plan of how the community understands and wants to use the ocean. Legal requirements – From emerging country experiences, certain elements are important to address: Authority to require all agencies to comply Broad participation of all key stakeholders Ecosystem-based planning so final plans reflect ecosystem patterns and processes Integrated planning to address multiple objectives, interests, uses, and issues. Future-orientation and adaptive scope Ecological principles –Ecological principles are beginning to emerge to be used to meet the goals and objectives of MSP. These principles may be reflected in appropriate legal or operational instruments: Maintain native species diversity Maintain habitat diversity and heterogeneity Maintain populations of key species, and Maintain connectivity. Special Challenges – As compared to terrestrial environments, there are many more gaps in scientific information about how marine ecosystems work and inter-relate, and how many species and other life forms exist in the oceans. As a planning tool, MSP produces maps of how to use the oceans. To be useful, the process must achieve cooperaton of all ocean users and government agencies with significant interests and authority over different coastal and marine uses, frequently with overlapping or conflicting laws. Anticipated uses also need to be taken into account, e.g., wind energy, aquaculture, bioprospecting, adaptation zones for climate change, and some of these factors may have considerable uncertainty. Special challenges

Area-based management Ocean zoning Builds on MSP Uses regulation Legal requirements Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] Notes for Educator Following from the last slide on marine spatial planning, a second tool for area-based management that incorporates connectivity needs of MPAs is ocean zoning. Start by asking Learners if they have ideas about what ocean zoning is and how it may differ from marine spatial planning. Then turn to the three main points on this slide, going through them one by one, supplemented as desired with a discussion of possible local application: Builds on MSP – While MSP is a public process resulting in a broad plan for ocean uses, Ocean Zoning takes the plan the next step by giving it effect through regulation. MSP serves the function of providing the public-consensus process for building the plan. MSP stops short of including regulations, commonly for lack of political support, and because of challenges presented with enforcement and economic costs. Uses regulation – Ocean zoning focusses on regulating activities in some or all aspects of the defined marine space. For this tool to work, it needs a zoning map or maps on which to base the regulations. A critical consideration for the use of Ocean Zoning as an area-based marine management tool is that the regulations should not focus only on existing uses, but also should anticipate future uses and scenarios, including for climate change adaptation and mitigation. Legal requirements – Legal provisions setting out a framework for ocean zoning need to emphasize: Mapping existing patterns of use and impacts, Mapping ecologically critical and sensitive areas, and Developing multiple zoning options with scenarios that show costs and benefit of each. Map existing uses and critical areas Develop multiple zoning options

Area-based management Integrated coastal and ocean management Strong governance framework Defined coastal zone Legal requirements Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] Notes for Educator A third tool for applying area-based marine management is ‘Integrated coastal and ocean management’ (sometimes simply called ‘integrated coastal zone management’). This concept began to be incorporated in national legislation for coastal development control in the 1970s and today more than 700 programmes in integrated coastal zone management exist around the world. You may wish to start the discussion by asking Learners what they understand by the concept and whether they have had any experience working with it in their situations. After discussion, turn to the slide, elaborate the concept and go through the points, one by one, amplifying as useful. Integrated coastal and ocean management (ICOM): ICOM aims to achieve on-the-ground integration and coordination of the many policies, sectors, laws, and administrative levels involved in the area being considered. It provides is a framework to manage the coastal zone as a whole (both land and water parts) rather then sector-by-sector. There are three key features to highlight: Strong governance framework – The concept is essentially a governance framework to manage coastal growth and the multiple functions of the coastal zone. Scientists are increasingly promoting the inclusion of MPAs and MPA networks in order to better protect biodiversity and address climate change and other threats. The concept needs to be incorporated into national legislation if it is to be effective in integrating decision-making across the many sector-specific laws, institutions, and jurisdictions involved (e.g., housing, industry, fisheries, conservation, tourism, energy, ports, etc.) Defined coastal zone – The focus of application is the coastal zone. For the concept to be effective in implementation, a clear definition of the area being covered is needed. The definition of the coastal zone may vary by country, but should indicate the inland limit to the extent necessary to control shoreline uses impacting coastal waters, include areas vulnerable to sea level rise, and define the seaward limit using jurisdictional or administrative limits. Legal requirements– key legal considerations for MPAs and connectivity include the following: that MPAs and MPA networks be incorporated into the broader ICOM framework and that MPA management be an integral part of ICOM governance stakeholder participation at every stage of MPA development and implementation in order to ensure adequate linkages with ICOM institutions and plans that resources and capacity are sufficiently available to successfully implement, sustain, and integrate MPAs into ICOM programmes. Incorporate MPAs Involve stakeholders ensure resources/capacity

Coastal development controls Coastal conservation and development control laws Define natural features Provide protective zoning Restrict development Picture: School of fish swimming off Galapagos Islands, © IUCN Photo Library/Trond Larsen [IUCN Photo Library no. 4901] Notes for Educator Now turn to the fourth tool for marine connectivity to be covered by this section: coastal development controls. Go to the slide and review each of the main points, amplifying with notes below and information from local situations, as desired. Coastal conservation and development control laws: These laws aim to set out rules and regulations for coastal development. In many countries, some coastal conservation and development control laws already exist. They support natural connectivity in several ways, including to: Define natural features -- Normally, coastal development controls have plans that include boundaries and notations of important natural features that may go beyond administrative lines, such as estuaries, bays, tidal streams, mangroves, beaches, and sea grass beds. Provide protective zoning -- Coastal development control legislation normally includes planning and management requirements especially for special areas serving specific objectives such as for fisheries, buffers, and recreation, and may provide authority to zone specific coastal sites for protection, for example, as marine and coastal protected areas, special habitat areas for birds or turtles, or sensitive coastal features such as tidal streams flowing into the sea. Restrict development – Coastal development control legislation may require that special uses (for example, hotels, commercial businesses, marinas, industrial operations) must have permits or licenses where conditions may be attached. Recognize natural vulnerabilities -- Some coastal laws also now recognize sea level rise and natural and built coastal areas most vulnerable to extreme weather events, storm surge and other impacts from climate change that may need special protections and management. Recognize natural vulnerabilities

Preparations Preliminary provisions Substantive legal elements Picture: Solitary Islands Marine Park, Australia © IUCN Photo Library/Hamish Malcolm NOTES FOR EDUCATOR Then return to the broad Seminar Outline. Highlight that this Seminar Presentation has canvassed the following 5 main aspects: Preparations – key tasks Consultations Existing legal framework Conservation objectives Legislative approaches Preliminary provisions Policy Objectives Key definitions Institutional arrangements Substantive legal elements Strategic planning Establishment Management Governance Tools for implementation Regulation Promoting compliance Enforcement and surveillance Financing Tools for marine connectivity Definitions Special considerations Management approaches MPA networks Ecosystem-based management Area-based management Coastal development controls Tools for implementation Tools for marine connectivity

Objectives Outline preparation tasks for
reviewing, advising on, or drafting MPA legislation. Examine preliminary provisions of MPA law: policy, objectives, definitions, and institutional arrangements Elaborate on special substantive aspects of MPA law: planning, establishment, management, governance Provide an overview of special implementation elements for MPA: regulation, enforcement, and financing Picture: Schools of jacks swimming off the Island of Bonaire, © IUCN Photo Library/William Goodwin [IUCN Photo 4938] NOTES FOR EDUCATOR Re-emphasize the Objectives of this Module. Explore legal tools to support marine connectivity conservation needs of MPAs

Outcomes Understanding of preparation tasks for
reviewing, advising on, or drafting process Knowledge of preliminary provisions for MPA law: policy, objectives, definitions, and institutional arrangements Understanding of special substantive aspects of MPA law: planning, establishment, management, governance Awareness of special legal tools for implementation: Of MPA law: regulation, enforcement, financing Picture: Maldives, © IUCN Photo Library/Corentin Basset [IUCN Photo 5311] NOTES FOR EDUCATOR Re-emphasize the anticipated Outcomes of this Module. Familiarity with legal tools available to support marine connectivity conservation needs of MPAs.

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

Building Capacity on Protected Areas Law & Governance
Module 11 Seminar Presentation Exercises knowledge transfer skills development NOTES FOR EDUCATOR Picture: Solitary Islands Marine Park, Australia © IUCN Photo Library/Hamish Malcolm [IUCN Photo 5063] Conclude by emphasising that this Module comprises of two parts: Seminar Presentation. Exercises. Highlight the educational rationale underpinning these two parts: Seminar Presentation - Knowledge Transfer. Exercises - Skills Development. Conclude by indicating that Learners will now be undertaking certain selected Exercises which build on the knowledge conveyed during the Seminar Presentation. Marine Protected Areas – Part II

Building Capacity on Protected Areas Law & Governance

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