6.1 Marine Protected Areas (MPAs)
What is an MPA?
An MPA is a marine zone declared for the primary purpose of conservation. These zones are established to protect marine ecosystems, biodiversity, and specific species from various threats.
Three elements of MPA:
Area or place-based measure: Defines a specific geographic area within marine environments.
Physical area is within or adjacent to marine environments: Includes intertidal zones, coastal areas, and different ocean layers.
Major purpose is for conservation: Focuses on preserving marine life and habitats.
Formal definition of IUCN (2008) is more specific but includes the three basic elements. The IUCN definition provides a comprehensive framework for MPA designation and management.
IUCN definition adopted by many countries, including Australia (1998). Countries often align their MPA strategies with globally recognized standards.
MPAs can be messy, with terminological issues. In Australia, MPAs might be marine parks, marine reserves, or sanctuaries, and subject to different jurisdictions and regulations. The varied terminology can create confusion but reflects different management approaches.
Range of marine environments can include intertidal zone, coastal zones, and different layers of the deep ocean in relation to its oceanography. MPAs can protect diverse habitats, from shallow coastal waters to deep-sea environments.
The subjects to be protected can be specific species or nonliving geological structures. Protection efforts can target endangered species, critical habitats, or unique geological formations.
Protection strategies vary: prohibiting all human activities (no go zone) or different arrangements for different kinds of human use. Management strategies range from strict no-entry zones to areas allowing sustainable human activities.
From February until 2020, MPAs have grown rapidly (tenfold increase). The significant expansion of MPAs reflects increasing global awareness of marine conservation.
MPA growth has occurred across regions, although at different speeds. Different regions prioritize MPA establishment based on local needs and conservation priorities.
Why have MPAs become so popular?
Closely related to fisheries. MPAs play a crucial role in fisheries management and sustainability.
Before the 1960s, countries started establishing small fishery zones to deal with overfishing. Early fishery zones aimed to regulate fishing activities and protect fish stocks.
Earlier fishery zones targeted fisheries activities, focusing on particular species and their stocks. These zones primarily focused on specific commercial species rather than the broader ecosystem.
Attention was not on conserving the broader ecosystem. The initial focus on fisheries led to a lack of comprehensive ecosystem protection.
Ecosystem-highlighted MPAs exist as a response to the limitation of the fisheries measures. MPAs with a broader ecosystem focus address the limitations of traditional fisheries management.
International law is an important instrument for creating frameworks for designation and management of protected marine protected areas. International legal frameworks provide the basis for establishing and managing MPAs globally.
Target three of the KMGBF (recent years) states that by 2030, at least 30% of coastal and marine areas need to be protected. The KMGBF target is a key driver for expanding MPA coverage worldwide.
After the adoption of KMGBF, some countries have started to reform their laws or policies to account for the 30 by 30 target. Many countries are updating their legal and policy frameworks to achieve the KMGBF target.
International Frameworks Contributing to the Growth of MPAs
There is no single international instrument focusing on MPAs, but many international laws directly or indirectly mention MPAs in their frameworks. The lack of a single MPA-specific treaty means that various international laws contribute to MPA governance.
Wide international frameworks have members from different regions, and there are also regional frameworks with participation from countries in specific regions. Both global and regional frameworks play a role in MPA designation and management.
The lecture will focus on global treaties, but regional treaties also play an important role in MPA management, especially in the Antarctic area. Regional treaties are particularly significant in areas with unique conservation needs.
Protecting Specific Species and Relevant Habitats
Convention of the Regulation of Wales (signed in 1946):
Article five includes the designation of sanctuary areas for whales, where hunting is prohibited. This convention established early protection measures for whales through sanctuary designations.
Convention for the Conservation of Antarctic Seals (1972):
Sets open or closed areas, including specific reserves or special areas for seals, with no disturbance from human activities. This convention aims to minimize human disturbance to seal populations in Antarctica.
Protecting Specific Habitats, Sites, and Spaces
Ramsar Convention:
One of the first global agreements to specifically focus on the protection of habitats. The Ramsar Convention emphasizes the conservation and wise use of wetlands.
Article one defines a wetland as including areas of marine water (does not exceed six meters; ). The convention’s definition of wetlands includes shallow marine areas.
Requires each state party to designate at least one wetland, many of which are marine areas. State parties are obligated to designate wetlands of international importance.
The world's first Ramsar site is in North Territory, including significant coverage of intertidal and coastal marine ecosystems. This designation highlights the area’s ecological significance.
The Korbok Peninsula in Northern Territory is a national park under joint management between the Arapi people and the Parks and Wildlife Commission of the Northern Territory. Collaborative management ensures effective conservation of the area.
Arapi people's traditional conservation management practices include coastal surveillance, fauna and flora monitoring, seaweed and ghost nets monitoring, and monitoring of illegal vessels. Traditional knowledge and practices contribute to the monitoring and conservation efforts.
World Heritage Convention (WHC):
Supports MPAs, providing for the listing of sites, including natural marine areas, with outstanding universal value. The WHC recognizes and protects sites with exceptional natural and cultural value.
Once listed as a WHO site, the state has obligations to protect, conserve, present, and transmit to future generations the cultural and natural heritage associated with that site. State parties must ensure the long-term preservation of WHC-listed sites.
Many well-known MPAs are also World Heritage sites, such as the Great Barrier Reef in Australia. The Great Barrier Reef's WHC status underscores its global importance.
Papau Hanaumokuakia (a cluster of low-lying islands in Northwest Hawaii) has deep cosmological and traditional significance for living native Hawaiian culture. This site’s cultural and natural values are integral to its protection.
Ocean Governance
United Nations Conventions on the Law of the Sea (UNCLOS):
Divides the ocean and marine zones into different zones, providing different legal statuses to different zones. UNCLOS establishes the legal framework for ocean governance and maritime zones.
Section five establishes the coastal state's sovereign rights and jurisdictions in areas outside the territorial sea (200 nautical miles). Coastal states have specific rights and responsibilities within their Exclusive Economic Zones (EEZs).
Through this legally binding treaty, many states have the jurisdiction to designate very large MPAs. UNCLOS enables states to establish large-scale MPAs within their EEZs.
One of the main reasons why there are very large MPAs (more than 100,000 square kilometers; ) in the world. UNCLOS has facilitated the creation of extensive MPAs.
Article 192 includes general duties for parties to protect and preserve the marine environment, though it does not create any state jurisdiction to designate MPAs. This article establishes a general obligation for environmental protection.
States have sovereign rights to exploit ocean resources. UNCLOS balances conservation with the rights of states to utilize marine resources.
Critiques on UNCLOS for adopting a Holocene concept of the oceans. Some argue that UNCLOS does not adequately address contemporary challenges like climate change.
In 2023, UNCLOS adopted a new agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BB and J agreement). The BB and J agreement aims to protect marine biodiversity in areas beyond national jurisdiction.
The BB and J agreement is legally binding, and it could allow large marine areas beyond national jurisdictions to be designated as MPAs. This agreement could lead to the establishment of MPAs in the high seas.
As of last week, 21 countries have ratified the BB and J agreement, and it requires 39 more signatures to enforce the agreement. Ratification of the BB and J agreement is crucial for its implementation.
MARPL (International Convention for the Prevention of Pollution from Ships):
Specifically targets shipping activities. MARPL aims to prevent pollution from ships, including oil spills and other discharges.
Designates particularly sensitive sea areas (PSSAs) with regulations on ship traffic. PSSAs receive special protection due to their ecological or cultural significance.
The Great Barrier Reef is designated as a PSSA, which has also been extended to the Torrey Strait and Southwest Coral Sea. This designation imposes stricter regulations on shipping activities in these areas.
CBD (Convention on Biological Diversity)
Although all the aforementioned frameworks have facilitated MPAs, it is until the CBDs that have really soared up the global growth of MPAs. The CBD has been instrumental in promoting MPA growth worldwide.
One of the key reasons the CBD has been so influential is that it provides a clear legal foundation for the establishment of protected areas, including marine protected areas. The CBD offers a robust legal basis for MPA establishment.
Article 8 of CBD (adopted in 1992)
Provides a clear legal foundation for establishing protected areas, including MPAs. Article 8 outlines the requirements for establishing protected areas.
Each contracting party should establish a system of protected areas. States are obligated to create a network of protected areas.
Highlights the importance of developing guidelines for the selection, establishment, and management of MPAs. The CBD emphasizes the need for effective MPA management.
Promotes MPAs and institutionalizes institute conservation. The CBD encourages the integration of conservation into institutional frameworks.
Legally binding with 196 parties to date. The CBD's widespread adoption underscores its global significance.
Has structured bodies to address different implementation issues.
Conference of Parties reviews progress under the convention. The COP assesses the implementation of the CBD.
Secretariat assists state members to implement their agenda. The Secretariat supports state parties in achieving their conservation goals.
Subsidiary Party of the Scientific Technical and Technological Advice recommends the cops ideas based on scientific data. The SBSTTA provides scientific advice to the COP.
Subsidiary Body on Implementation. This body focuses on the practical implementation of the CBD.
Working Group on Protected Areas (established in 2004). This working group addresses issues related to protected areas.
Goals and Principles of CBD
Articulated with elaborated targets, objectives, and principles. The CBD sets out specific targets and principles for biodiversity conservation.
In 2004, the Conference of the Parties formally recognized MPAs as an essential conservation tool, calling for a global network of protected MPAs. The COP recognized the importance of MPAs in achieving conservation goals.
Defined MPAs as including no-take areas and multiple-use zones. The CBD recognizes different types of MPAs with varying levels of protection.
Emphasizes tracking conservation progress by working with organizations such as UNAP, UNAPs, WHO, and IUCN World Commissions of Protected Areas. Collaboration with international organizations enhances conservation efforts.
Recognizes that collaboration with these organizations provides an important strategy for global MPA growth and monitoring which is currently up to date. Collaborative monitoring ensures accurate assessment of MPA effectiveness.
Stimulates growth of MPAs by setting ambitious science-based conservation targets that evolves over time. The CBD’s targets drive the expansion of MPA coverage.
In 2020, adopted a new strategy including the IG IG targets from 2011 to 2020. The Aichi Targets aimed to achieve specific conservation goals by 2020.
IG target 11 aims to preserve 10% of coastal and marine areas by 2020. This target sought to protect a significant portion of coastal and marine environments.
Focus on implementation by using global headline indicators. Global indicators are used to track progress toward conservation targets.
Post-2020 focuses on KMGBF, which aims to protect 30% of territorial inland water (marine and coastal areas) by 2030. The KMGBF sets an ambitious target for MPA coverage by 2030.
Post 2020 Frameworks recognizes indigenous and traditional territories and their importance in protecting seascapes and the ocean. The KMGBF acknowledges the role of indigenous communities in marine conservation.
Highlights responsibility and transparency by asking each state member to develop national biodiversity strategies, action plans, submit national reports, and participate in the review of the implementation progress. Accountability and transparency are promoted through national reporting and review processes.
Provides a clearer legal framework with institutional support, progressive targets, and a focus on implementation and global monitoring mechanisms. The CBD offers a comprehensive framework for MPA management.
Frameworks are implemented in state jurisdiction, respecting their sovereign rights and jurisdictions. MPA implementation respects the sovereign rights of states.
Challenges in Designating and Managing MPAs
Lack of legal coherency between treaty regimes. Inconsistencies between different legal frameworks can create challenges for MPA management.
In the future, international law could play a stronger role by providing clarity and consistency between different instruments and across jurisdictions. Enhanced legal coherence is needed to improve MPA effectiveness.
The location, time, and scale of MPAs is important. Strategic placement, timing, and scaling of MPAs are crucial for achieving conservation goals.
75% of MPAs are contributed by less than 30 very large MPAs in the EZ areas, which may not be serious in the environmental impact. The concentration of MPAs in a few large areas may not provide comprehensive protection.
28% of coastal areas have less than 1% of NPA coverage. Uneven distribution of MPA coverage leaves many areas vulnerable.
There is an imbalance between different states with different economic statuses. Disparities in economic status can affect MPA implementation.
The international framework is ill-equipped to deal with the mobility of the oceans under climate change. Climate change poses significant challenges for MPA management.
There are issues around areas beyond national jurisdictions. Protecting biodiversity in areas beyond national jurisdiction requires international cooperation.
MPAs also need to account for the more extensive marine activities by human groups, such as seabed mining and marine renewables energies. Emerging human activities require careful consideration in MPA planning.
There are often gaps between different disciplines and scientific research in the oceans. Interdisciplinary collaboration is essential for effective MPA management.
There are long-standing issues around the monitoring and enforcement of the law and monitoring of the ocean's status. Effective monitoring and enforcement are needed to ensure MPA compliance.
There is always a lack of funding and capacity to govern the NPAs. Insufficient funding and capacity hinder MPA management efforts.
This knowledge should be reevaluated within both the Post 2024 context, and also domestically. Regular evaluation is needed to adapt MPA strategies to changing conditions.