1. Building Capacity on Protected Areas Law & Governance
Module 11
Exercise 2
Improving Protected Area Legislation for MPAs
Marine Protected Areas -- Special Legal Considerations for National Frameworks

2. Background Purpose Structure
Give Learners practice reading and analysing protected areas legal provisions for MPAs.
Provide Learners with an opportunity to apply their knowledge of special MPA considerations and how to address them in legislation.
Build/improve legal analysis and drafting skills.
Structure
Introduction to exercise (15 minutes)
Group work (60 minutes)
Joint class discussion (45 minutes)
NOTES FOR EDUCATOR
Briefly explain the purpose of the exercise.
Briefly explain the structure of the exercise.

3. The Exercise
The Government wishes to assess and, as needed, strengthen/amend its MPA law to ensure it effectively responds to international guidance and the special features and management challenges of MPAs and MPA Networks.
You have been assigned by Government to analyse and make recommendations on the strong points, gaps, and areas for strengthening through amendments.
You are to work in your assigned small group. You will be given a copy of the law needing review, along with a worksheet which you may use to record notes and recommendations.
NOTES FOR EDUCATOR
Distribute to Learner groups:
A copy of Annexure A – Marine Protected Areas Act of Atlantis (or an existing law the Educator may want to use)
Worksheet for Learners to use for notes on their analysis and recommendations (Annexure B)
Additional paper and pencils/pens, as needed, for Learners to formulate responses. The paper may be any size that is appropriate for the facilities available at the venue of the course and the number of Learners.
Optional: highlight certain aspects of the Seminar Presentation that the Learners may find especially useful to review for this Exercise, you may wish to include the next five slides from the Seminar Presentation.

4. The Case Study

5. A few points to review Definition of an MPA
Definition of an MPA network
IUCN management categories
Jurisdictional definitions
CBD guidance criteria for selecting MPA sites and requirements for an MPA network
NOTES FOR EDUCATOR
As a few points for review that may be relevant for this exercise, go through the items listed on the slide and proceed with the next five slides.

6. … 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
Review international guidance on definition of MPA.
Essential considerations
primary objective is conservation
applies to all categories

7. CBD definition -- global network:
… 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
Review internationally recognized definitions for MPA Networks.

8. 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.
NOTES FOR EDUCATOR
Review the IUCN Management Categories which apply to all protected areas, including MPAs.

9. CBD guidance: criteria for selecting MPA sites and requirements for an MPA network
Notes for Educator
Review CBD scientific criteria for selecting MPAs and building an MPA Network.

10. … 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
Remind the Learners that marine areas have special considerations with respect to how far the MPA legislation is to extend out from the coast, and the different maritime zones defined by the United Nations Law of the Sea Convention.
Emphasize again the importance of providing clear definitions for the overall marine area and different marine zones covered by the MPA legislation, from the landward limits to the outer marine limits, including the coastal zone and the Exclusive Economic Zone where a country has declared an EEZ under international law.
Deepwater (off-shore) marine area
beyond territorial sea

11. The Task
In your respective groups, you will offer observations and recommendations on the law’s provisions, and in particular, on the following:
Definitions provided in the relevant law
Scope of application of the law
Provisions relating to objectives and strategic planning
Institutional and governance arrangements
Establishment and management
Regulation of activities
Compliance and enforcement
Concepts critical for implementing connectivity conservation.
Notes for Educator
Again, remind Learners that this Exercise is to develop skills on applying the knowledge gained through the Seminar Presentation.