6.2 World Conservation and Marine Protected Areas
World Conservation and MPAs
Areas in place are defined geographical locations with specific regulations and protections aimed at conserving biodiversity and natural resources.
International legal frameworks: These include:
WHC (World Heritage Convention): Focuses on protecting natural and cultural sites of outstanding universal value.
Ramsar Convention: An international treaty for the conservation and sustainable use of wetlands.
Other sources of NPAs (National Protected Areas).
IEL (International Environmental Law): A source of environmental law in national jurisdictions.
Refer to lecture three to understand under what conditions IEL becomes a source of environmental law in a country. Specifically, explore the processes of treaty ratification, customary international law, and the incorporation of international norms into domestic legislation.
CBD (Convention on Biological Diversity): This and relevant biodiversity conservation frameworks stimulate the global growth of MPAs by setting targets and guidelines for biodiversity conservation, promoting sustainable use of marine resources, and encouraging international cooperation in establishing and managing MPAs.
Taiwan's Context
Taiwan is a mountainous island; approximately 70% of the island is composed of high mountains and hills, while the remaining 30% is coastal plain, influencing land use and conservation strategies.
Geological structure: Taiwan is situated at the convergence of the Philippine Sea Plate (east) and the Eurasian Plate (west), resulting in significant seismic activity and frequent earthquakes.
Location: Taiwan is located in the monsoon region of the Northern Hemisphere, which leads to it experiencing typhoons and extreme weather patterns, affecting marine ecosystems and coastal management.
Size and Population
Australia is approximately 212 times larger than Taiwan, illustrating the scale difference in landmass and potential MPA size.
Population: Australia and Taiwan have nearly the same population.
Australia's population is approximately 1.16% of Taiwan's population, indicating a significant difference in population density and resource demand.
Most of Taiwan's population resides in coastal areas, predominantly in the western cities, increasing pressure on marine resources and coastal ecosystems.
Indigenous Communities
Taiwan is home to many Australasian indigenous communities, comprising 2-4% of Taiwan's population, who possess traditional knowledge and rights related to marine resource management.
Taiwan's NPAs
Announced by Taiwan's Ocean Affairs Council, which is responsible for marine policy and conservation efforts.
Focus on protecting important species and habitats in marine protected areas, such as coral reefs, mangrove forests, and critical habitats for endangered species.
Comparison with Australia's MPAs:
Australia's MPAs are significantly larger (617 times larger than Taiwan's), reflecting differences in geographical scale and conservation priorities.
Most of Australia's MPAs are in the EEZ (Exclusive Economic Zone), extending conservation efforts into offshore areas.
Taiwan's MPAs are small and concentrated on the coast, within the territorial sea, constrained by limited maritime space and intense coastal development.
Taiwan is not yet a party to CBD and many NPA-relevant IEL parties, which affects the country's ability to fully integrate international conservation standards into its national policies.
Importance of Studying Taiwan's MPAs:
Demonstrates the difficulties when a country seeks to use international environmental law without formal participation in IELs, including challenges in accessing funding, technical assistance, and legal support.
Taiwan's complex history:
Colonized by Japan (1895-1945), influencing legal and institutional frameworks.
Long history of authoritarian regime until 1987, affecting environmental governance and public participation.
Democratized regime, leading to increased environmental awareness and policy reforms.
2018: Ocean Affairs Council established, Ocean Basic Act, National Ocean Policy white paper, and Marine Conservation Act, to strengthen marine conservation and sustainable development.
Recent efforts to translate international legal documents into national law, to align domestic practices with global standards.
Illustrates the workings of global MPA frameworks at the national and local level, enhancing understanding of conservation challenges and opportunities.
Case Studies: Taiwan
Indo-Pacific Humpback Dolphins Major Wildlife Habitat
Background:
Located in the Southwestern part of Taiwan, across four counties.
Legal basis: Act on Wildlife Conservation (1994), which provides the legal framework for protecting endangered species and their habitats.
CBD principles influenced the legislation of the Act on Wildlife Conservation, promoting biodiversity conservation and sustainable use.
The government focused on animals that are not endemic, indicating a broader conservation perspective beyond local species.
Implementation:
2004: Research first identified the habitat of the white dolphins, providing critical scientific data for conservation planning.
2008: IUCN listed the place as a critical endangered place for white dolphins, raising international awareness and urgency for conservation action.
Taiwan listed it as a protected species to enhance legal protection and conservation efforts.
The major habitat was finally declared only after the white dolphin population decreased under 100, highlighting the reactive nature of conservation measures.
Challenges:
Taiwan's Southwest coast is closely associated with Taiwan's economic development, leading to conflicts between conservation and economic interests.
Conflicts with petrochemical plants located in the white dolphin's major habitat, posing threats of pollution and habitat degradation.
Premier's quote (2010): Suggesting the dolphins should make a u-turn when near the petrochemical plant, reflecting a lack of political will and prioritization of economic development over conservation.
A nationwide environmental movement, advocating for stronger protection measures and sustainable development.
Conflicts:
Opposition from local fisheries concerned about their livelihoods, highlighting the socio-economic challenges of conservation.
Conservation intersects with different understandings of protection and local livelihood, leading to debates over sustainable resource use.
Conflicts between local understandings and international conservation frameworks,requiring negotiation and compromise.
Outcomes:
2020: The major wildlife habitat was declared, but with compromises, indicating the influence of competing interests.
The Conservation Agency didn't follow the precautionary principle due to fisheries' concerns, reflecting a risk-averse approach to conservation.
International frameworks were compromised in a legally plural landscape, illustrating the complexities of implementing global standards at the local level.
New Conflicts:
New wave of ocean renewable energies in Taiwan's Western Shore, introducing potential environmental impacts from construction and operation.
Submarine cables of renewable projects overlap with the major habitats of white dolphins, posing risks of entanglement and habitat disturbance.
Debates over green and blue oceans and sustainable oceans, requiring careful planning and mitigation measures.
Giant Clams of Eastern Waters
Background:
Habitat: Coral reef and deep sea environment in Eastern Taiwan, providing essential ecosystem services and biodiversity.
Economics: Mostly fisheries, which are important for local livelihoods and food security.
Legal basis: Fisheries Act, which regulates fishing activities and conservation measures.
Conservation zones developed under the Fisheries Act, aiming to manage fish stocks and protect marine habitats.
Conservation zones are legislated for the development of the fishery industry, posing potential conflicts with biodiversity conservation.
The coverage is less than 1% of all the MPAs in Taiwan, indicating limited spatial protection for marine biodiversity.
Policy Enforcement:
Focus on the size and stocks of fisheries, emphasizing sustainable exploitation of marine resources.
Detailed information on how large certain species must be to be caught (e.g., lobsters and abalones), to prevent overfishing and protect juvenile stocks.
Within ten years after 1976, 50 conservation zones were declared and enforced, demonstrating early efforts in marine resource management.
Lack of Local Participation:
2006 research: Most local fisheries do not know that there are any conservation zones in these areas, highlighting the importance of community engagement.
Lack of inclusive participation with the local communities, leading to mistrust and non-compliance.
Overlap with Indigenous Territories:
The fishery and conservation zones overlap with the traditional sea areas of indigenous Amis people, raising issues of resource rights and cultural preservation.
Threat of movements started in the 1970s, advocating for indigenous rights and sustainable resource management.
Indigenous Rights:
1999: Agreement between indigenous communities and Taiwan government about recognition of a new partnership, aiming to promote co-management and shared decision-making.
2005: Indigenous Peoples Basic Law states the government shall obtain consent from the locally affected indigenous people when establishing protection zones and other resource management institutions, strengthening indigenous rights in resource management.
2019: Eastern counties declared the indigenous communities' traditional territories in the sea area (from the coast to three nautical miles), recognizing indigenous jurisdiction over marine resources.
Ongoing Conflicts:
Conflicts between policies, movements, and law enforcement, highlighting the complexities of resource governance.
Coastal patrols monitor traditional boats of indigenous peoples, checking for illegal coastal practices in the fisheries zones, raising issues of cultural sensitivity and proportionality.
Conflicts persist until 2020, requiring ongoing dialogue and negotiation.
Hope for Change:
Indigenous communities have observed the changes in the sea and the declining biodiversity and ecosystem, leading to increased awareness and concern.
After 2019, some indigenous communities formed the local ecosystem management group, working with scientists and government agencies to monitor the sea ecosystem degradation and conserve biodiversity, enhancing community-based conservation.
Recent Developments:
Taiwan Marine Ecosystem program (five-year project) takes the KMGBF (Kunming-Montreal Global Biodiversity Framework) on the front page, signaling alignment with international conservation goals.
Emphasis on enhancing the role of collective actions, especially by indigenous peoples and the local communities, recognizing their critical role in biodiversity conservation.
2024: The Marine Conservation Act incorporates the concepts of buffer zones and OECMs highlighted by KMGBF, strengthening legal frameworks for MPA management.
Reflections on the Two Cases in Taiwan
NPAs are a global phenomenon, influencing Taiwan's national law and policies even without formal participation in IELs, indicating the power of international norms and best practices.
Being a formal member of the international frameworks matters as principles can be selectively used otherwise, highlighting the importance of full participation and commitment.
Working of international MPAs is always context-based and intersects with plural laws and legalities, and multiple interest in geographies of underground, requiring adaptive and collaborative approaches.
Effectuating global NPAs requires seriously grappling with the plural and the intersection of these national and local contexts, underlining the need for inclusive and participatory governance.
Australia's MPAs
Australia's MPA coverage is increasing with each new case, demonstrating a commitment to marine conservation.
Australia will become the number one in the coverage in the world after the tutorial case is established, with 45% of Australian's borders protected as protected areas, showcasing global leadership in marine conservation.
Being a party to CBDs has influenced the law, legal, and policy change of Australia to establish a system of MPA networks in Australia, aligning national efforts with international commitments.
Tutorial Case Questions
How does being a formal party of various international frameworks implicate Australia's MPA regimes or policies and the practice of MPAs in Commonwealth area?
Compare it to the state situation.
What are most of Australia's MPAs are located in? What zones according to the enclose they are located in?
Who gets to speak what is an MPA, and how does the law be input implemented in MPA?
How about those within the state and territory territory jurisdictions?
According to the EPBC act, what happens when, especially if the MPA is a national heritage place, if it is located in the state or territory. (Review sections three to four ten of the act)
If there is a conflict between the Commonwealth and the state or territory in how to govern the NPA, which jurisdiction wins? (Refer to Australian's constitution section one zero nine).
Tutorial Case Discussion Points
Who are different stakeholders in this case? (Government, scientists, conservationists, fisheries, different humans, more than humans)
What are protected and what are not protected according to the case, and some comments on the case?
What are the jurisdictions of of these MPA?
What international frameworks are my related to this MPA, and what national or relevant MPA laws might be related to this case?
What are the contexts where the environmental minister say that it's a environmental win for Australia and for the world?
What are the issues unaddressed, or what are the improvements who can be made?
And in general, like, what do you think like Australia's MPA systems or the networks can be what issues are unaddressed today?
Recommended Readings
Big, Bold and Blue: lessons from Australia's marine Protected area by CSIRO
Sequel Metaphor from Taiwan’s Indigenous Communities
Akalalima (Ami's community): Translated to don't be defeated by the fifth wave.
Don't be defeated just to follow the wave of the rhythm and of the sea and to work along with the sea and don't be defeated.