A guide for planners and managers - IUCN

PART I
Institutional and Legal Framework
in establishing protected areas and in developing, applying, and periodically revising
zoning and management plans.
Sharing of authority. Whenever different authorities have jurisdiction over
different parts of a marine protected area, or over different activities within a protected
area, new legislation should clearly identify its own relationship with existing
legislation. In such cases the legislation must designate a lead agency with primary
responsibility for meeting the objectives of the protected area legislation. For major
long-term programmes, creating a new agency, such as a joint authority, may be
desirable, provided it will have the governmental support, power, and resources
necessary to perform its function. In other cases, an existing agency may be designated
as the lead agency, provided it can be motivated to carry out conservation management,
has clearly stated objectives consistent with the objectives of the legislation, and is
given the necessary responsibilities, powers, and administrative and technical
resources. In either case the relationship between the lead agency and other concerned
agencies must be clearly defined in legislation, particularly with regard to potential
conflict or overlap in different pieces of legislation. Processes for resolving conflicts
and for consultation between relevant agencies should be defined in the legislation,
which should additionally specify that the lead agency has ultimate authority over
marine conservation and area protection.
Regulations. The legislation must provide authority for adequate regulation to
control activities or, if necessary, prohibit them. Regulations are of three types: 1) those
for the shoreland, coast, or MPA (with different degrees of protection being applied
to different zones as appropriate); 2) those that are interim, maintaining the status
quo until more complete regulation is in place; and 3) those required outside the coastal
or marine protected area for activities that may adversely affect it.
Efficiency of legislation. Without deviating from the principal conservation
objectives, legislation and administrative arrangements should be as flexible and
cost-effective as possible and should adhere to the following guidelines:
– New agencies should be created only where existing agencies cannot be adapted,
motivated, and empowered to carry out adequately the conservation task.
– Existing agencies with jurisdiction over marine activities should be involved by
interagency agreement to the extent necessary and appropriate to meet the
conservation objectives.
– Existing uses should be disturbed as little as possible.
– Continuing existing regulations and regulatory mechanisms should be considered
when they are consistent with conservation objectives.
– Existing staff and technical resources should be used where possible.
– Unnecessary conflict with existing legislation and administration should be
avoided.
– Regulations, zoning plans and management plans should be as simple as possible.
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