Building Strong Partnerships with Regional Identity & GLISPA
Sustainable Financing: PAN Funds and Endowments
Adapting international law to novel conservation requirement
The revision of the Protocol on Specially Protected Areas to the Barcelona Convention, concluded in 1995, allowed to include the possibility for Mediterranean States to extend place-based protection to the Mediterranean high seas. This inclusion was proposed by legal experts who had been involved in the Pelagos Sanctuary negotiations, and eventually led to the listing of the Pelagos Sanctuary as a SPAMI.
Simultaneous revision of the Barcelona Convention and its Protocols; coincidence of Pelagos Sanctuary negotiators with Barcelona Convention revision negotiators.
This building block was in large part serendipitous, as it wouldn't have been possible to plan it ahead of time. However it demonstrates the advantages of ensuring that there is cross-cutting communication among the conservation and policy actors at the regional level.
Working with the best available information/knowledge
When undertaking a planning or zoning task, rarely does a planner have access to all the information or knowledge that they would like for the entire planning area. Whether it might be more consistent ecological data across the entire planning area or a more complete understanding of the full range of social and economic information, a planner is often faced with the following choices:
Waiting until they have more data (with the ultimate aim of accumulating ‘perfect’ information across all the required datasets); or
Working with the best available scientific knowledge and accepting that while it is not perfect, it is adequate provided the deficiencies of the data are understood (by the planners and the decision-makers) and clearly explained to the public and to the decision-makers. Insufficient knowledge about marine ecosystems can impede the setting of meaningful objectives or desirable outcomes when planning. David Suzuki in 2002 questioned how can we effectively plan and manage when “… to date all we have actually identified are ... about 10–20% of all living things”, and “… we have such a poor inventory of the constituents and a virtually useless blueprint of how all the components interact?’’
A good understanding of the wider context within which the MPA is situated is an important factor when planning. Due to the levels of ‘connectivity’ in the marine environment and the biological interdependency upon neighbouring communities, an MPA can only be as ‘healthy’ as the surrounding waters. Even a well-planned MPA will be difficult to manage if the surrounding waters are over-utilised, polluted or are themselves inadequately managed.
The reality is if you wait until you have ‘perfect’ information for planning, you will never start.
Recognise that marine areas are dynamic and are always changing; and with technological advances, the levels and patterns of use are constantly changing, as are the social, economic and political contexts, so having perfect data is realistically an impossible aim.
In virtually all planning situations, it is better to proceed with the best available information than to wait for ‘perfect’ data. However, if new data becomes available during the planning process, then incorporate it rather than ignore it.
Those who are frequently on the water (like fishers and tourist operators) often know as much (if not more) about the local environment than the researchers – so draw upon their knowledge and use it to augment the best available scientific data.
When resources are limited, seeking new data should focus on providing information that will be useful for ongoing management.
Relevance of international conventions for MPA management
The delegates of the World Heritage Committee at the meeting in Bonn, Germany in 2014. The Chairperson of the Committee and the UNESCO secretariat are at the top left side below the big screen.
Some of the representatives of the 21 State Parties that collectively comprise the World Heritage Committee at the meeting in St Petersburg, Russia in 2012.
Australia is a signatory to a wide range of international conventions/frameworks relevant to MPAs; the main ones are listed in Resources below and include global and regional conventions and treaties as well as bilateral agreements.
The fundamental basis for international law and conventions is mutual respect and recognition of the laws and executive Acts of other state parties.
• Note the term ‘state party’ is used in many international conventions instead of ‘nation’ or ‘country’ – but don’t confuse the term with federal states or territories.
Some of the obligations arising from these international conventions have been incorporated into Australian domestic law (e.g. some provisions of key international Conventions addressing significant matters such as World Heritage, are incorporated into Australia’s national environmental legislation, the Environment Protection and Biodiversity Conservation Act 1999).
How much international conventions impact on various countries will vary according to the regulatory, legal and political context of the country in question, whether that country is a party to the relevant conventions or agreements, and whether these have been implemented at the national level.
• The range of international instruments, in conjunction with domestic (national) legislation and to a lesser extent, Queensland (State) legislation, collectively give the GBR very strong legal protection.
• International law may be relevant to interpreting domestic (national) legislation and may assist if there is an ambiguity in domestic law.
• Once a country has signed and ratified an international convention, there are international obligations with which that country must comply; however, enforcement of non-compliant nations by the global community is not easy.
• The level and detail of reporting on international obligations varies; some examples are shown in ‘Resources’ below.
• The ‘precautionary approach’ has become widely accepted as a fundamental principle of international environmental law and is now widely reflected in Australian environmental law and policy.
• Some of the issues facing coral reefs, such as climate change, are global or trans-boundary and are addressed in international conventions – however while those issues may be global, many also require local level solutions for effective implementation.
Participatory methodologies to collect information
Improving Sanctuary policy and management practice
As the concerned governments started implementing the Agreement during successive Meetings of Parties, it had become clear that the countries had no intention of creating a proper management body for the Pelagos Sanctuary, and that, as a consequence, management action was insufficient to contrast the existing threats to the area’s cetaceans (shipping, disturbance, noise and chemical pollution, etc.). This stimulated the NGO and scientific communities in France and Italy to exert pressure on government agencies and promote awareness action through the media and other means, the communication of scientific results, and the dissemination of a petition to increase the Sanctuary conservation effectiveness.
Engaging NGO community
political will for MPA designation is not necessarily followed by sufficient commitment on ensuring that the MPA achieves its goals; dropping the initial Biosphere Reserve proposal was a mistake.
Developing and implementing an international agreement
After the signature (Brussels, 1993) of a joint declaration leading to the designation of a marine mammal sanctuary by the ministers of the Environment of France, Italy and Monaco, negotiations for a trilateral Agreement started. After several negotiation meetings, an agreement text was developed and the Agreement was signed in Rome in November 1999. The Agreement came into force in 2002.
Political support by the Prince of Monaco and others.
More stringent agreements leading to implementation of management plans and proper funding commitments.
Based on a decade of ecological data collected since the early 1980s, emphasizing the ecological importance of the area for marine mammals, a proposal (“Project Pelagos”) prepared by Tethys in cooperation with Europe Conservation (an Italian NGO), envisaging the ecological, socio-economic and governance aspects of establishing an international MPA in the area. The proposal was presented on 2 March 1991 to Rainier III, Prince of Monaco.
“Progetto Pelagos” was endorsed and strongly supported by the Rotary Club (Milano, Monaco, St. Tropez), which created a conduit with the Monaco Principality and organised the March 1991 meeting during which the proposal was presented to the Prince of Monaco.
Involving many players from several countries was crucial to the success of achieving an MPA. In retrospect, getting formal agreement that a management body would be properly funded and put in place and that the area would focus fundamentally on conservation with specific directives is essential.
Collection and publication of scientific discoveries on the ecological importance of the Ligurian Sea and the unusual level of cetacean mortality attributable to driftnet fishing; engagement of the media; circulation of a petition to the Italian Government to stop driftnet fishing in the area with the collection of large number of signatures.
Onset of ecological field research in Italy and France in the mid-1980s promoted by scientific and advocacy NGOs; onset of a volunteer-based cetacean stranding monitoring network which revealed the extent of cetacean mortality; attention of the general public to marine mammal conservation in the 1980s; availability of the media to cover the story.
Press can help create momentum at governmental level.
