A guide for planners and managers - IUCN

154 MARINE AND COASTAL
PROTECTED AREAS
wherever possible, to specify the stages in the programme when and how the public
is to participate. Legislation should also provide for strong programmes in public
education. Providing benefits locally through operation of the protected area and
responding to local needs and cultural values are two elements of public participation.
Equity. The interests of users and community groups should be taken into
account when this facilitates attaining the objectives of the protected area legislation.
Legislation should, where practicable, provide for alternative sources of income for
people whose economic activities are displaced or reduced by establishing a marine
protected area. The co-operation of customary or traditional users can and should
be encouraged by providing enforcement responsibilities and necessary material
benefits, such as reduced fishing competition or participation in economic activities
associated with the protected area.
Existing rights in the area. The legal status, ownership, and use rights of the site
to be designated as a protected area are primary considerations that may require
different approaches in different countries. Public as well as private rights may be
involved. The impacts of existing laws, traditions, and rights must be recognized and,
where necessary, addressed through specific measures in the legislation, such as
through appropriate acquisition or compensation procedures. Recognition of customary
rights (e.g., for fishing and “ownership”) may need to be supported by special
provisions in national law, but should be linked to demonstrated management
responsibility by user groups.
Multiple uses. Allowing the maximum variety of uses consistent with conservation
is an important objective in protected area legislation, particularly where large areas
are to be subject to the legislation, as in the Great Barrier Reef Marine Park.
Ecological ramifications. Legislation for establishing and managing marine
protected areas should explicitly recognize the connection between sustainable use
of living resources and protecting ecological processes and life history patterns, such
as the transfer by water of larvae, nutrients, and pollutants, and critical aspects of
marine animals’ life cycles.
Formulating goals. Goals and objectives should be clearly defined in policy and
legislation for any marine protected area programme. This provides valuable guidance
for those who must select, plan, manage, and administer an area. All activities in an
area must ultimately be judged according to whether they advance or defeat the
objectives for both the programme and the area. The specific legal regime for an area
must be designed to support and accomplish these objectives.
Management plans. Legislation on marine protected areas should require that
management plans be prepared for each site and should specify the constituent
elements and essential considerations of the plan. The legislation should require
periodic revision of zoning and management plans and scientific surveys, research,
and monitoring of relevant ecological and socioeconomic conditions and processes