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A guide for planners and managers - IUCN

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PART I<br />

Institutional <strong>and</strong> Legal Framework<br />

This evolving international cooperation, through the negotiation <strong>and</strong><br />

implementation of targeted treaties or through the development of the global network<br />

of MPAs there<strong>for</strong>e constitutes a great opportunity <strong>for</strong> governments to multiply the<br />

effect of their national ef<strong>for</strong>ts. Realistically, integration of MPAs in the international<br />

system is still short of what it could be, but useful lessons are being drawn from some<br />

of the most successful examples. For instance, within the framework of the UNEP<br />

Regional Seas Programme, a protocol on protected areas was first adopted <strong>for</strong> the<br />

Mediterranean’s Barcelona Convention. Based on relative success, this approach was<br />

then applied to the Cartagena Convention in the Caribbean Programme. So while much<br />

has been achieved, more remains to be done, but the international regime is more<br />

<strong>and</strong> more likely to be a useful supplemental tool <strong>for</strong> national governments.<br />

6.8 General Guidelines<br />

The <strong>guide</strong>lines below (based mainly on Kelleher <strong>and</strong> Lausche, 1982) follow one of<br />

several possible logical progressions toward the development of legislation <strong>for</strong> coastal<br />

<strong>and</strong> marine protected areas. Each country has its particular legal style <strong>and</strong> tradition,<br />

which may require some changes or additions to these <strong>guide</strong>lines.<br />

The coastal zone approach. Where feasible, joint management of terrestrial <strong>and</strong><br />

adjacent marine protected areas should be established by legislation in a coastal zone<br />

programme (Figure I-56). Under this umbrella, water <strong>and</strong> l<strong>and</strong> components of marine<br />

protected areas can be joined by extending marine areas l<strong>and</strong>ward or terrestrial<br />

areas into the marine environment. If possible, the seaward boundary of a combined<br />

terrestrial <strong>and</strong> marine protected area should be far enough offshore to protect the<br />

principal features of the marine area from threats, such as pollution, generated<br />

outside the protected area.<br />

Public interest. The active<br />

interest of citizens in planning,<br />

establishing, managing, <strong>and</strong><br />

continuously monitoring marine<br />

protected areas is fundamental<br />

to the long-range success of the<br />

programme. The public should<br />

be involved as early as possible,<br />

while avoiding premature<br />

publicity that would spur l<strong>and</strong><br />

speculation or other actions<br />

likely to threaten the MPA proposal.<br />

One means of encouraging<br />

public participation at all<br />

levels is to take it into account<br />

explicitly in the legislation <strong>and</strong>,<br />

FIGURE I-56.<br />

Special requirements should be imposed on agriculture where fields<br />

are adjacent to coastal lagoons; e.g., here farms have vegetated<br />

buffer areas at their edges to reduce <strong>and</strong> filter runoff (U.S.A. east<br />

coast).<br />

153<br />

Photo by John Clark.

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