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Marine protected areas for whales, dolphins, and porpoises: a world ...

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8 <strong>Marine</strong> Protected Areas <strong>for</strong> Whales, Dolphins <strong>and</strong> Porpoises<br />

these so-called ‘EEZs’ can be leased or given away as part of oil or mineral rights,<br />

<strong>and</strong> the fish <strong>and</strong> other resources in the water itself can be exploited. The countries<br />

themselves are responsible <strong>for</strong> management. Some countries have disputed EEZ<br />

claims, have conflicts with neighbouring countries or territories, or have not <strong>for</strong><br />

one reason or other staked a claim. Others are now in the process of claiming the<br />

extra area between 200 nm (371 km) <strong>and</strong> 350 nm (649 km), based on the latest<br />

mapping, with all claims due by 2009 (Figure I.1). With continental shelf<br />

extension claims <strong>for</strong> as many as 60 countries amounting to 5 per cent of the total<br />

ocean sea floor, or 5.8 million square miles (15 million sq km), this marine <strong>and</strong><br />

sea-bed grab will redefine national territories <strong>and</strong> the high seas in the next decade<br />

(Malakoff, 2002). Yet the situation <strong>for</strong> the rest of this decade is that roughly half<br />

the surface area of the <strong>world</strong> ocean remains in international waters. This is the<br />

so-called high seas. The culture of the high seas – with its long history of open<br />

access <strong>and</strong> its role as shipping highway <strong>and</strong> hunting ground (fish, seals, <strong>whales</strong>) –<br />

has been slow to come under national or international management. However,<br />

international laws, treaties <strong>and</strong> conventions are beginning to address the means<br />

<strong>for</strong> managing, or jointly managing, the high seas. It is hoped that concern over<br />

protecting critical cetacean habitat, <strong>and</strong> application of the precautionary approach<br />

(Box I.3) to allow <strong>for</strong> the large gaps in our knowledge, will lead researchers,<br />

conservation organizations <strong>and</strong> governments to ensure that important high-seas<br />

habitats are <strong>protected</strong> too, devising new strategies as needed.<br />

Some scientists <strong>and</strong> conservationists involved with cetaceans have<br />

dismissed marine <strong>protected</strong> <strong>areas</strong> as being unsuitable <strong>and</strong> ineffective <strong>for</strong><br />

protecting cetacean habitat. They have multiple objections:<br />

• The size or scale required to protect cetaceans is not covered by<br />

conventional <strong>protected</strong> area models.<br />

• Cetacean habitat needs are too fluid or difficult to define in terms of<br />

providing specific, defined habitat protection <strong>areas</strong>.<br />

• Cetacean MPAs do little more than allow governments the chance to say<br />

that they are doing something <strong>for</strong> conservation when clearly they are not.<br />

Yet, more than anything, a marine <strong>protected</strong> area <strong>for</strong> cetaceans becomes what<br />

stakeholders make of it. Better design <strong>and</strong> planning in the early stages helps –<br />

using ecosystem-based management <strong>and</strong> ensuring that critical habitats are<br />

<strong>protected</strong>. Of course, there will be limitations of size, legal recourse, <strong>and</strong> the<br />

need to share marine resources. Still, increasingly, MPAs are seen as ‘works in<br />

progress’ that have the capacity to improve <strong>and</strong> change. It is clear that MPAs<br />

require the support <strong>and</strong> leadership of all stakeholders – including scientists <strong>and</strong><br />

conservationists – to make them work.<br />

A declared MPA signifies a positive intention towards a piece of habitat. It<br />

is never an end point. In most cases, real protection requires more than the<br />

declaration or the declarer (government agency) ever imagined or intended.<br />

That is how it must be – if protection is ever to endure, adapt <strong>and</strong> function <strong>for</strong><br />

the desired purpose. There are now, <strong>and</strong> will be in the future, many other uses<br />

<strong>for</strong> <strong>and</strong> competing interests in the sea.

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