Managing Marine Protected Areas Managing Marine Protected Areas

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Some MPAs may be the responsibility primarily or entirely of local communities with no local or national government support. Such protected areas are, however, often difficult to maintain, although community-level local by-laws can partially help to provide legal backing. In some cases, the private sector is responsible for management. On Zanzibar, the management of Chumbe Reef Sanctuary is delegated to a private company (Chumbe Island Coral Park Ltd., see organogram below). An agreement has been drawn up between the government and the company specifying the role of the company and a representative Advisory Committee has been established. In Mozambique, Inhaca Faunal Reserve is managed by the Universidade Eduardo Mondlane, having been set up through the Marine Biological Station. Such delegated organisations are generally responsible for personnel, revenue collection, day-to-day management, environmental education and visitor management. COMMITTEES AND BOARDS Many or most MPAs have a Board of Directors or Advisory Committee to assist with decision making, and this sometimes has executive powers. These bodies should represent key stakeholder groups, including local communities, scientists and academic institutions, the private sector and the various government agencies involved. Such boards and committees should be established as early on in the planning process as possible, and certainly at the beginning of development of the management plan. Members are usually appointed by the MPA administration or by a government authority such as a Minister, and their role, functions and procedures should be clearly defined in TORs or even in law. Depending on their legal or other structure, these bodies can have important roles in consultation, evaluation, reviewing progress and approving management plans, and authorising budgets and other specific expenditures. They should interact regularly, and it is often the responsibility of the MPA to organise and convene meetings. Many meetings and interactions demand participatory and conflict resolution skills since they may involve divergent parties and viewpoints. Many MPAs also have other committees for specific purposes. Village level advisory committees are very important in some MPAs, where communities play an important role in decision-making, as in some of the Tanzanian Marine Parks. For example, in Mnazi Bay- Resource Protection Coordinator and Rangers Advisory Committee Village, government and university representatives CHICOP Ltd. Visitor Experience and Enjoyment Education and tourism staff Ruvuma Estuary Marine Park, Village Environmental Committees play a key role. In other MPAs there may be committees and task forces for specific activities, such as the Scientific Committee for Aldabra Special Reserve and World Heritage Site. Where possible, it is advisable to use existing bodies of this kind, rather than establishing new committees that will take up time and may risk duplicating the activities of others. ENFORCEMENT The management structure may affect how enforcement and compliance activities are undertaken. Sometimes enforcement is carried out by MPA personnel, but other government personnel with ‘powers of arrest’ may have to be co-opted to arrest offenders. Links with the judiciary (e.g. police, magistrates), as well as government planning bodies and research institutes are important and should feature on the full organisational chart. Where appropriate, TOR should be drawn up describing their role in MPA management and relationship to other stakeholders. KEY POINTS FOR THE MPA ❑ Be fully conversant with the organisational structure including policy and legal instruments. ❑ Interact regularly with all bodies and ensure that formal meetings are organised on a regular basis or as provided for in the MPA statutes and legislation, and develop skills for effectively managing these. ❑ Ensure speedy follow-up on decisions made at such meetings, circulate minutes promptly and promote continuous dialogue on a day-to-day basis. ❑ Build networks with other relevant agencies such as land use or physical planning. Sources of further information Borrini-Feyerabend, G. 1996. Collaborative Management of Protected Areas: Tailoring the Approach to the Context. Issues in Social Policy, IUCN, Gland, Switzerland. 67pp. Pomeroy, R.S., Parks, J.E. & Watson, L.M. 2004. How is your MPA doing? A Guidebook of Natural and Social Indicators for Evaluating Marine Protected Area Management Effectiveness. IUCN, Gland, Switzerland and Cambridge, UK. 230pp. Salm, R.V., Clark, J.R. & Siirila, E. 2000. Marine and Coastal Protected Areas: A Guide for Planners and Managers. 3rd Edition. IUCN, Washington, D.C., USA. Facilities, Operations and Maintenance Ecolodge manager and support staff Chumbe Island Organogram Administration Administration staff Sheet A3 Managing Marine Protected Areas: A TOOLKIT for the Western Indian Ocean
INTERNATIONAL LAW The overall framework within which MPAs are established and managed is provided by international law, in the form of multi-lateral treaties (see introductory sheet on conventions), including the: ● UN Convention on the Law of the Sea which gives coastal states jurisdiction over their inland waters, territorial seas (out to 12 nm from the coast) and Exclusive Economic Zone (EEZ) (200 nm or 370 km from the coast) provided they do not infringe the right of innocent passage by foreign ships; ● Convention on Biological Diversity, which requires that signatory states or ‘Parties’ establish protected areas; ● Nairobi Convention, which requires that signatory states in the WIO establish MPAs. The treaties themselves do not enact or enforce legislation at the national level. Individual nations are responsible for this, which normally requires governments to pass enabling legislation in order to bringing the national law into line with what was agreed internationally. NATIONAL LEGISLATION Although MPAs can be set up without a legal foundation, these may not be sustainable as there will be no basis for court procedures if a prohibited activity takes place. In some countries, MPAs can be established under traditional or customary legislation (see sheet B4). This is rare in the WIO, one exception being Madagascar (see case study). National protected area legislation varies widely between countries according to the form of government, public administrative structures, extent of decentralisation, and lines of jurisdiction and decision-making. However, there are certain principles in common and most countries have a two-tier system, with primary and secondary measures. Primary legislation This refers to the overall legislative framework for a sector or issue, i.e. Acts, Statutes, Ordinances or Decrees. The primary legislation for protected areas prescribes their purposes and potential geographical scope, the principal restrictions and the general approach to management (e.g. requirements for involvement of stakeholders). It should allow for additional measures to be introduced to deal with unforeseen circumstances and for the development of regulations (e.g. for offences, penalties, and user fees). Sometimes, terrestrial and marine protected areas are established under the same primary legislation (e.g. Kenya, where both terrestrial and marine National Parks and Reserves are gazetted under the Wildlife Conservation and Legislation A4 It is important that MPA personnel understand the legislation relevant to their work, including the laws and regulations specific to the MPA, other national legislation relevant to its management, and the international law that provides the overall context. The general regulatory framework of an MPA is therefore described in this sheet. Management Act). The advantage of this is that it recognises that many protected areas include both terrestrial and marine ecosystems, and that there are basic similarities between both types. However, such legislation is often oriented more towards terrestrial protected areas and does not fully address MPA needs. Elsewhere, MPAs are established under separate and more marine-oriented legislation (e.g. the Marine Parks and Reserves Act for mainland Tanzania). MPAs, particularly no-take zones, can often be declared under fisheries legislation. There may be several pieces of primary legislation allowing for MPA declaration, as in the Seychelles which has four. Depending on the level of decentralisation in a country, legislation can often be passed at local level (e.g. District or village bye-laws), and it may be possible to establish MPAs in this way. For example, areas of reef have been closed to fishing in northern Tanzania through village bye-laws. Where local government agencies do not have jurisdiction seaward of the low water mark, locally managed MPAs will need central government support if legal backing is required. Secondary or enabling legislation This refers to the ‘rules’, ‘regulations’, or ‘notifications’ that are developed under the primary legislation and that allow for full enforcement. Secondary legislation can be used to define the boundaries and the specific activities allowed and prohibited within the MPA in general, or within different zones. It can also be used to delegate management to a government minister, a public authority, or to communities (e.g. under co-management Managing Marine Protected Areas: A TOOLKIT for the Western Indian Ocean Sheet A4
Page 1 and 2: Managing Marine This Protected Area
Page 3 and 4: Preface Introduction - How to use t
Page 5 and 6: MPAs in the WIO are supported by a
Page 7 and 8: The Western Indian Ocean MAPUTO SOU
Page 9 and 10: Marine Protected Areas of the Weste
Page 11 and 12: This sheet describes the main inter
Page 13 and 14: This sheet shows how to obtain some
Page 15 and 16: BACKGROUND TO THE PRODUCTION The MP
Page 17 and 18: Types and categories of MPAs Termin
Page 19 and 20: MPA goals and objectives The goals
Page 21: Organisational structures The manag
Page 25 and 26: M. Richmond Integrated coastal mana
Page 27 and 28: Environmental impact assessment An
Page 29 and 30: Participatory techniques A particip
Page 31 and 32: A variety of conflicts may arise in
Page 33 and 34: The term ‘gender’ refers to the
Page 35 and 36: Local and traditional knowledge Fis
Page 37 and 38: Mapping and surveying A map of the
Page 39 and 40: MPA design and zonation Design aspe
Page 41 and 42: The Management Plan is the main too
Page 43 and 44: Logical framework approach Good pla
Page 45 and 46: Progress and donor reports Most MPA
Page 47 and 48: S.Wells The personnel of an MPA are
Page 49 and 50: It is often necessary to contract o
Page 51 and 52: Partnerships and volunteers MPAs ca
Page 53 and 54: Safety and emergency procedures The
Page 55 and 56: Recent studies have shown that the
Page 57 and 58: Financial management involves forec
Page 59 and 60: USER FEES User fees and direct reve
Page 61 and 62: Environmental trust funds A trust f
Page 63 and 64: Donors vary considerably in their i
Page 65 and 66: Marine ecosystems have many benefit
Page 67 and 68: An MPA needs some or all of the fol
Page 69 and 70: S. Wells The management of an MPA r
Page 71 and 72: The MPA office is the focal point f
Page 73 and 74:
Equipment purchase & maintenance An
Page 75 and 76:
S. Wells Within an MPA, boats are u
Page 77 and 78:
Most MPAs use vehicles to transport
Page 79 and 80:
Radio and telecommunication MPAs ne
Page 81 and 82:
SCUBA & snorkelling equipment MPA s
Page 83 and 84:
The main uses for buoys in an MPA a
Page 85 and 86:
Monitoring and evaluation principle
Page 87 and 88:
Compliance and enforcement Patrolli
Page 89 and 90:
Most coral reef monitoring programm
Page 91 and 92:
Monitoring mangroves & seagrasses J
Page 93 and 94:
Monitoring physical conditions Phys
Page 95 and 96:
Socio-economic monitoring Few MPAs
Page 97 and 98:
Fishing both affects and is affecte
Page 99 and 100:
Information management Large quanti
Page 101 and 102:
Assessing management success Assess
Page 103 and 104:
Evaluations and reviews The terms
Page 105 and 106:
The natural sciences are vital to u
Page 107 and 108:
Threatened marine species Marine sp
Page 109 and 110:
J. Rubens Five of the seven species
Page 111 and 112:
SEABIRDS Seabirds and shorebirds Ma
Page 113 and 114:
About 34 species of marine mammals
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Biodiversity & ecosystem health The
Page 117 and 118:
Coral reef rehabilitation Active re
Page 119 and 120:
Coral bleaching is the whitening or
Page 121 and 122:
Crown-of-thorns outbreaks Adult Cro
Page 123 and 124:
M. Richmond Most mangroves in the W
Page 125 and 126:
Red tides & harmful algal blooms Re
Page 127 and 128:
During the last two decades, the po
Page 129 and 130:
No-take areas (sometimes called mar
Page 131 and 132:
J. Rubens Many MPAs in the WIO have
Page 133 and 134:
Mariculture is the farming of marin
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Fish Aggregating Devices (FADs) SEA
Page 137 and 138:
S. Wells Sharks and rays, with over
Page 139 and 140:
Octopus and sea cucumber fisheries
Page 141 and 142:
S. Wells Sport and recreational fis
Page 143 and 144:
M. Richmond Marine organisms for aq
Page 145 and 146:
Marine curios, and handicrafts or s
Page 147 and 148:
Tourism policy and planning Tourism
Page 149 and 150:
Visitors and carrying capacity Prom
Page 151 and 152:
Publicity materials & promotion Pub
Page 153 and 154:
The management plan for the MPA may
Page 155 and 156:
A visitor centre is extremely usefu
Page 157 and 158:
S. Wells SCUBA diving and snorkelli
Page 159 and 160:
An artificial reef is a structure t
Page 161 and 162:
WALKS, SNORKELLING AND BOAT TRIPS F
Page 163 and 164:
S.Wells Coastal dynamics are a comp
Page 165 and 166:
Nutrient and sewage pollution Waste
Page 167 and 168:
Each year about 5,000 tankers use t
Page 169 and 170:
S. Wells Increasingly, there is a v
Page 171 and 172:
Terrestrial, marine and freshwater
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Managing Marine Protected Areas Managing Marine Protected Areas

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