A guide for planners and managers - IUCN

Box I-19: The Galapagos Ley Especial, Crucial Legislation for A Critical Area
PART I
Institutional and Legal Framework
The Galapagos Islands are under pressure. This remarkable archipelago lies 600
miles off the coast of Ecuador and is renowned for its biodiversity, which has evolved
over millions of years in isolation from the South American mainland. Yet in spite of
protective legislation that dates back to 1935, conservation and preservation in the
recent years have been troubled. Tourism, fisheries activities and the introduction of
alien species have all posed serious threats to the native fauna and flora. In response
to this worrying situation, in 1998 the Government of Ecuador enacted the Special Law
for the Conservation and Sustainable Development of the Province of Galapagos (Ley
Especial).
This law is remarkable in several respects:
– First and foremost, this law, by virtue of its designation as “special,” supersedes any
other laws that may regulate uses such as fisheries or tourism. The Galapagos are
clearly recognized as an exception in the Ecuador legal system;
– Second, the law is particularly broad in that regulates truly all aspects of development
on the islands. For instance, the law goes so far as restricting immigration on the
island: only permanent residents (i.e., those born in the Galapagos, their spouses
and children and those who had lived in the province five years before the law) are
entitled to work and engage in productive activities;
– Third, the boundaries of the area extend up to 40 nautical miles to sea from the island
baselines. In addition, the transport of toxic or high-risk products is prohibited in
an area that extends 60 nautical miles from the baselines;
– Fourth, the enforcement provisions can be quite strict: unauthorized fishing may
result in imprisonment from three months to three years, harvesting of a species
listed under CITES can lead to imprisonment of up to three months and a specific
provision punishes the introduction of alien species or tourism activities by
imprisonment of up to a year.
Source: Nina Eejima, Law Intern, IUCN.
If legislation is indeed needed, the legislative options of the MPA manager fit
within a broad spectrum, from the short term, easier options (such as using an
existing fisheries or tourism law) to the more detailed and tailored piece of legislation,
designed specifically for MPAs and fitting within a broader MPA development plan.
The following is a simplified reminder of some of the options available, from
the easiest to the most demanding:
– quick fix approach, adapt other legislation (e.g., forest of fisheries law) to authorize
MPAs, or even establish an MPA in the absence of specific legislation;
– use existing terrestrial protected area legislation and adapt it to MPAs;
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