A guide for planners and managers - IUCN

6.2 Diagnosis
PART I
Institutional and Legal Framework
The following is a list of questions that are useful to ask and that may ultimately
determine the need for and type of legislation for the MPA to be initiated and
maintained:
1. What is the objective of the MPA to be created? (and as a corollary, how large should
it be?)
2. How urgent are the protection measures to be taken? Is there time to wait for
legislation to be enacted or should urgent, temporary action be taken immediately?
3. Who does the area to be protected belong to? (central government, a state or
province, traditional tenure system, etc.)
4. Who are the stakeholders/users of the resources in the area to be protected?
5. How do they feel about the need to protect the area and to restrict uses?
6. How can they be involved in this process? (importance of drawing from traditional
knowledge and tenure when it is available)
7. What laws are already in place? (e.g., forest, fisheries, tourism)
8. What institutions are already in place? (governmental, traditional and nongovernmental)
9. How can the existing laws and institutions be used?
Institutional arrangements will vary from one country to another according to
traditional tenure patterns, colonial experience, and cultural heritage. Initially it may
be best to experiment with one or a few protected areas as a trial toward evolving
new administrative and management arrangements. International non-governmental
organizations (NGOs) can offer advice, assistance, and specialists to help develop coastal
and marine conservation programmes.
Recognizing the great variety of government approaches, this chapter does
not suggest particular political or legislative methods to achieve the mandate for
protected areas. Instead, it provides some background information of use to the
policy makers, legislators, and administrators who must address different aspects of
this task. The guidelines offered at the conclusion of this chapter are intended to help
the planner, manager, and legislator formulate a full range of programmes for coastal
and marine protected areas.
In summary, the form and extent of legislation for marine protected areas
varies widely among countries. This applies particularly to community-based reserves
in developing countries; e.g., the community reserves in the Tanga region of Tanzania
where local level bylaws are used to protect and regulate use of certain reefs and
mangrove stands. It also applies to sacred sites, such as the coastal kaya forests of
Kenya that are protected by traditional law but not at the national level. Unfortunately,
central government can override local interest, as happened at Chale Island in Kenya
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