Mare Liberum (1609) by Hugo Grotius is one of the earliest works on law of the sea.
Law of the Sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction.
While drawn from a number of international customs, treaties, and agreements, modern law of the sea derives largely from the United Nations Convention on the Law of the Sea (UNCLOS), effective since 1994, which is generally accepted as a codification of customary international law of the sea, and is sometimes regarded as the "constitution of the oceans".
Among the earliest examples of legal codes concerning maritime affairs is the ByzantineLex Rhodia,
promulgated between 600 and 800 C.E. to govern trade and navigation in
the Mediterranean. Maritime law codes were also created during the European Middle Ages, such as the Rolls of Oléron, which drew from Lex Rhodia, and the Laws of Wisby, enacted among the mercantile city-states of the Hanseatic League.
However, the earliest known formulation of public international law of the sea was in 17th century Europe, which saw unprecedented navigation, exploration, and trade across the world's oceans. Portugal and Spain led this trend, staking claims over both the land and sea routes they discovered. Spain considered the Pacific Ocean a mare clausum—literally a "closed sea" off limits to other naval powers—in part to protect its possessions in Asia. Similarly, as the only known entrance from the Atlantic, the Strait of Magellan was periodically patrolled by Spanish fleets to prevent entrance by foreign vessels. The papal bullRomanus Pontifex
(1455) recognized Portugal's exclusive right to navigation, trade, and
fishing in the seas near discovered land, and on this basis the
Portuguese claimed a monopoly on East Indian trade, prompting opposition and conflict from other European naval powers.
Amid growing competition over sea trade, Dutch jurist and philosopher Hugo Grotius—considered the father of international law generally—wrote Mare Liberum (The Freedom of the Seas), published in 1609, which set forth the principle that the sea was international territory
and that all nations were thus free to use it for trade. He premised
this argument on the idea that "every nation is free to travel to every
other nation, and to trade with it." Thus, there was a right to innocent passage over land and a similar right of innocent passage at sea.
Grotius observed that unlike land, on which sovereigns could demarcate
their jurisdiction, the sea was akin to air, a common property of all:
The
air belongs to this class of things for two reasons. First, it is not
susceptible of occupation; and second its common use is destined for all
men. For the same reasons the sea is common to all, because it is so
limitless that it cannot become a possession of any one, and because it
is adapted for the use of all, whether we consider it from the point of
view of navigation or of fisheries.
Writing in response to Grotius, the English jurist John Selden argued in Mare Clausum that the sea was as capable of appropriation by sovereign powers as terrestrial territory.
Rejecting Grotius' premise, Selden claimed there was no historical
basis for the sea to be treated differently than land, nor was there
anything inherent in the nature of the sea that precluded states from
exercising dominion over parts of it. In essence, international law could evolve to accommodate the emerging framework of national jurisdiction over the sea.
"Mare clausum" in the European Age of Discovery.
As a growing number of nations began to expand their naval presence
across the world, conflicting claims over the open sea mounted. This
prompted maritime states to moderate their stance and to limit the
extent of their jurisdiction towards the sea from land. This was aided
by the compromise position presented by Dutch legal theorist Cornelius Bynkershoek, who in De dominio maris
(1702), established the principle that maritime dominion was limited to
the distance within which cannons could effectively protect it.
Grotius' concept of "freedom of the seas"
became virtually universal through the 20th century, following the
global dominance of European naval powers. National rights and
jurisdiction over the seas were limited to a specified belt of water
extending from a nation's coastlines, usually three nautical miles (5.6 km), according to Bynkershoek's "cannon shot" rule. Under the mare liberum principle, all waters beyond national boundaries were considered international waters: Free to all nations, but belonging to none of them.
In the early 20th century, some nations expressed their desire to
extend national maritime claims, namely to exploit mineral resources,
protect fish stocks, and enforce pollution controls. To that end, in 1930, the League of Nations called conference at The Hague, but no agreements resulted.
By the mid 20th century, technological improvements in fishing and oil
exploration expanded the nautical range in which countries could detect
and exploit natural resources. This prompted United States President Harry S. Truman in 1945 to extend American jurisdiction to all the natural resources of its continental shelf,
well beyond the territorial waters of the country. Truman's
proclamation cited the customary international law principle of a
nation's right to protect its natural resources.
Other nations quickly followed suit: Between 1946 and 1950, Chile,
Peru, and Ecuador extended their rights to a distance of 200 nautical
miles (370 km) to cover their Humboldt Current fishing grounds.
UN Convention of the Law of the Sea
Maritime zones are a core component of modern law of the sea.
The
first attempt to promulgate and codify a comprehensive law of the sea
was in the 1950s, shortly after the Truman proclamation on the
continental shelf. In 1956, the United Nations held its first Conference
on the Law of the Sea (UNCLOS I) in Geneva, Switzerland, which resulted in four treaties concluded in 1958:
The Convention on the Continental Shelf effectively codified Truman's proclamation as customary international law.
While UNCLOS I was widely considered a success, it left open the
important issue of the extent of territorial waters. In 1960, the UN
held a second Conference on the Law of the Sea ("UNCLOS II"), but this
did not result in any new agreements.
The pressing issue of varying claims of territorial waters was raised
at the UN in 1967 by Malta, prompting the 1973 a third United Nations
Conference on the Law of the Sea in New York City. In an attempt to
reduce the possibility of groups of nation-states dominating the
negotiations, the conference used a consensus process rather than
majority vote. With more than 160 nations participating, the conference
lasted until 1982, resulting in the UN Convention of the Law of the Sea,
also known as the Law of the Sea Treaty, which defines the rights and
responsibilities of nations in their use of the world's oceans.
UNCLOS introduced a number of provisions, of which the most
significant concerned navigation, archipelagic status and transit
regimes, exclusive economic zones
(EEZs), continental shelf jurisdiction, deep seabed mining, the
exploitation regime, protection of the marine environment, scientific
research, and settlement of disputes. It also set the limit of various
areas, measured from a carefully defined sea baseline.
The Convention also codified freedom of the sea, explicitly
providing that the oceans are open to all states, with no state being
able to subject any part to its sovereignty. Consequently, state parties
cannot unilaterally extend their sovereignty beyond their EEZ, the 200
nautical miles in which that state has exclusive rights to fisheries,
minerals, and sea-floor deposits. "Innocent passage" is permitted
through both territorial waters and the EEZ, even by military vessels,
provided they do no harm to the country or break any of its laws.
Parties to the United Nations Convention on the Law of the Sea (as of June 2019).
The convention came into force on 16 November 1994, one year after it was ratified by the 60th state, Guyana;
the four treaties concluded in the first UN Conference in 1956 were
consequently superseded. As of June 2019, UNCLOS has been ratified by
168 states.
Many of the country that have not ratified the treaty, such as the
U.S., nonetheless recognize its provisions as reflective of
international customary law. Thus, it remains the most widely recognized and followed source of international law with respect to the sea.
Between 2018 and 2020, there is a conference on a possible change
to the law of the sea regarding conservation and sustainable use of
marine biological diversity of areas beyond national jurisdiction
(General Assembly resolution 72/249).
Recognition and enforcement of law of the sea
Although
UNCLOS was created under the auspices of the UN, the organization has
no direct operational role in its implementation. However, a specialized
agency of the UN, the International Maritime Organization, plays a role in monitoring and enforcing certain provisions of the Convention, along with the intergovernmental International Whaling Commission, and the International Seabed Authority (ISA),
which was established by the Convention to organize, regulate and
control all mineral-related activities in the international seabed area
beyond territorial limits.
UNCLOS established the International Tribunal for the Law of the Sea
(ITLOS), based in Hamburg, Germany, to adjudicate all disputes
concerning the interpretation or application of the Convention (subject
to the provisions of Article 297 and to the declarations made in
accordance with article 298 of the Convention). Its 21 judges are drawn from a wide variety of nations. Because the EEZ is so extensive, many ITLOS cases concern competing claims over the ocean boundaries between states As of 2017, ITLOS had settled 25 cases.
Maritime Law
Law of the Sea should be distinguished from maritime law,
which concerns maritime issues and disputes among private parties, such
as individuals, international organizations, or corporations. However,
the International Maritime Organisation, a UN agency that plays a major
role in implementing law of the sea, also helps to develop, codify, and
regulate certain rules and standards of maritime law.
Marine protected areas (MPA) are protected areas of seas, oceans, estuaries or in the US, the Great Lakes . These marine areas can come in many forms ranging from wildlife refuges to research facilities. MPAs restrict human activity for a conservation purpose, typically to protect natural or cultural resources.
Such marine resources are protected by local, state, territorial,
native, regional, national, or international authorities and differ
substantially among and between nations. This variation includes
different limitations on development, fishing practices, fishing seasons
and catch limits, moorings and bans on removing or disrupting marine
life. In some situations (such as with the Phoenix Islands Protected Area),
MPAs also provide revenue for countries, potentially equal to the
income that they would have if they were to grant companies permissions
to fish.
"A clearly defined geographical space, recognised,
dedicated and managed, through legal or other effective means, to
achieve the long-term conservation of nature with associated ecosystem services and cultural values."
This definition is intended to make it more difficult to claim MPA
status for regions where exploitation of marine resources occurs. If
there is no defined long-term goal for conservation and ecological
recovery and extraction of marine resources occurs, a region is not a
marine protected area.
"Any area of the intertidal or subtidal terrain, together
with its overlying water and associated flora, fauna, historical and
cultural features, which has been reserved by law or other effective
means to protect part or all of the enclosed environment."
United States Executive Order 13158 in May 2000 established MPAs, defining them as;
"Any area of the marine environment that has been
reserved by federal, state, tribal, territorial, or local laws or
regulations to provide lasting protection for part or all of the natural
and cultural resources therein."
"Any defined area within or adjacent to the marine
environment, together with its overlying water and associated flora,
fauna, historical and cultural features, which has been reserved by
legislation or other effective means, including custom, with the effect
that its marine and/or coastal biodiversity enjoys a higher level of
protection than its surroundings."
An apparently unique extension of the meaning is used by NOAA to refer to protected areas on the Great Lakes of North America.
Classifications
The Chagos Archipelago
was declared the world's largest marine reserve in April 2010 with an
area of 250,000 square miles until March 2015 when It was declared
illegal by the Permanent Court of Arbitration.
Several types of compliant MPA can be distinguished:
A totally marine area with no significant terrestrial parts.
An area containing both marine and terrestrial components, which can
vary between two extremes; those that are predominantly maritime with
little land (for example, an atoll would have a tiny island with a significant maritime population surrounding it), or that is mostly terrestrial.
Marine ecosystems that contain land and intertidal components only. For example, a mangrove forest
would contain no open sea or ocean marine environment, but its
river-like marine ecosystem nevertheless complies with the definition.
IUCN offered seven categories of protected area, based on management objectives and four broad governance types.
Strict nature reserve A marine reserve usually connotes "maximum protection", where all resource removals are strictly prohibited. In countries such as Kenya and Belize, marine reserves allow for low-risk removals to sustain local communities.
Ib
Wilderness area
II
National park Marine parks
emphasize the protection of ecosystems but allow light human use. A
marine park may prohibit fishing or extraction of resources, but allow
recreation. Some marine parks, such as those in Tanzania, are zoned and allow activities such as fishing only in low risk areas.
III
Natural monuments or features Established to protect historical sites such as shipwrecks and cultural sites such as aboriginal fishing grounds.
IV
Habitat/species management area Established to protect a certain species, to benefit fisheries, rare habitat, as spawning/nursing grounds for fish, or to protect entire ecosystems.
V
Protected seascape Limited active management, as with protected landscapes.
VI
Sustainable use of natural resources
Related protected area categories include the following;
World Heritage Site
(WHS) – an area exhibiting extensive natural or cultural history.
Maritime areas are poorly represented, however, with only 46 out of over
800 sites.
Man and the Biosphere – UNESCO program that promotes "a balanced relationship between humans and the biosphere".
Under article 4, biosphere reserves must "encompass a mosaic of
ecological systems", and thus combine terrestrial, coastal, or marine
ecosystems. In structure they are similar to Multiple-use MPAs, with a
core area ringed by different degrees of protection.
Ramsar site – must meet certain criteria for the definition of "Wetland"
to become part of a global system. These sites do not necessarily
receive protection, but are indexed by importance for later
recommendation to an agency that could designate it a protected area.
While "area" refers to a single contiguous location, terms such as "network", "system", and "region" that group MPAs are not always consistently employed."System" is more often used to refer to an individual MPA, whereas "region" is defined by the World Conservation Monitoring Centre as:
"A collection of individual MPAs operating cooperatively,
at various spatial scales and with a range of protection levels that
are designed to meet objectives that a single reserve cannot achieve."
At the 2004 Convention on Biological Diversity, the agency agreed to use "network" on a global level, while adopting system for national and regional levels. The network is a mechanism to establish regional and local systems, but carries no authority or mandate, leaving all activity within the "system".
No take zones (NTZs), are areas designated in a number of
the world's MPAs, where all forms of exploitation are prohibited and
severely limits human activities. These no take zones can cover an
entire MPA, or specific portions. For example, the 1,150,000 square
kilometres (440,000 sq mi) Papahānaumokuākea Marine National Monument, the world's largest MPA (and largest protected area of any type, land or sea), is a 100% no take zone.
Related terms include; specially protected area (SPA), Special Area of Conservation (SAC), the United Kingdom's marine conservation zones (MCZs), or area of special conservation (ASC) etc. which each provide specific restrictions.
Stressors
Stressors that affect oceans include "the impact of extractive industries, localised pollution, and changes to its chemistry (ocean acidification) resulting from elevated carbon dioxide levels, due to our emissions".
MPAs have been cited as the ocean's single greatest hope for increasing
the resilience of the marine environment to such stressors.
Well-designed and managed MPAs developed with input and support from
interested stakeholders can conserve biodiversity and protect and
restore fisheries.
Economics
MPAs can help sustain local economies by supporting fisheries and tourism. For example, Apo Island in the Philippines made protected one quarter of their reef, allowing fish to recover, jumpstarting their economy. This was shown in the film, Resources at Risk: Philippine Coral Reef. A 2016 report by the Center for Development and Strategy found that programs like the United States National Marine Sanctuary system can develop considerable economic benefits for communities through Public–private partnerships.
Management
Typical MPAs restrict fishing, oil and gas mining and/or tourism. Other restrictions may limit the use of ultrasonic devices like sonar (which may confuse the guidance system of cetaceans),
development, construction and the like. Some fishing restrictions
include "no-take" zones, which means that no fishing is allowed. Less
than 1% of US MPAs are no-take.
Ship transit can also be restricted or banned, either as a
preventive measure or to avoid direct disturbance to individual species.
The degree to which environmental regulations affect shipping varies
according to whether MPAs are located in territorial waters, exclusive economic zones, or the high seas. The law of the sea regulates these limits.
Most MPAs have been located in territorial waters, where the
appropriate government can enforce them. However, MPAs have been
established in exclusive economic zones and in international waters. For example, Italy, France and Monaco in 1999 jointly established a cetacean sanctuary in the Ligurian Sea named the Pelagos Sanctuary for Mediterranean Marine Mammals. This sanctuary includes both national and international waters. Both the CBD and IUCN
recommended a variety of management systems for use in a protected area
system. They advocated that MPAs be seen as one of many "nodes" in a
network of protected areas. The following are the most common management systems.
Asinara,
Italy is listed by WDPA as both a marine reserve and a national marine
park, and as such could be labelled 'multiple-use'
Seasonal and temporary management—Activities, most critically
fishing, are restricted seasonally or temporarily, e.g., to protect
spawning/nursing grounds or to let a rapidly reducing species recover.
Multiple-use MPAs—These are the most common and arguably
the most effective. These areas employ two or more protections. The most
important sections get the highest protection, such as a no take zone
and are surrounded with areas of lesser protections.
Community involvement and related approaches—Community-managed
MPAs empower local communities to operate partially or completely
independent of the governmental jurisdictions they occupy. Empowering
communities to manage resources can lower conflict levels and enlist the
support of diverse groups that rely on the resource such as subsistence
and commercial fishers, scientists, recreation, tourism businesses,
youths and others.
Marine Protected Area Networks
Marine Protected Area Networks or MPA networks have been defined as "A group of MPAs that interact with one another ecologically and/or socially form a network".
These networks are intended to connect individuals and MPAs and
promote education and cooperation among various administrations and user
groups. "MPA networks are, from the perspective of resource users,
intended to address both environmental and socio-economic needs,
complementary ecological and social goals and designs need greater
research and policy support".
Filipino communities connect with one another to share
information about MPAs, creating a larger network through the social
communities' support. Emerging or established MPA networks can be found in Australia, Belize, the Red Sea, Gulf of Aden and Mexico.
the
establishment of marine protected areas consistent with international
laws and based on scientific information, including representative
networks by 2012.
The Evian agreement, signed by G8 Nations
in 2003, agreed to these terms. The Durban Action Plan, developed in
2003, called for regional action and targets to establish a network of
protected areas by 2010 within the jurisdiction of regional environmental protocols.It recommended establishing protected areas for 20 to 30% of the world's oceans by the goal date of 2012. The Convention on Biological Diversity
considered these recommendations and recommended requiring countries to
set up marine parks controlled by a central organization before merging
them. The United Nations Framework Convention on Climate Change agreed to the terms laid out by the convention, and in 2004, its member nations committed to the following targets;
By 2006 complete an area system gap analysis at national and regional levels.
By 2008 address the less represented marine ecosystems, accounting for those beyond national jurisdiction in accordance.
By 2009 designate the protected areas identified through the gap analysis.
By 2012 complete the establishment of a comprehensive and ecologically representative network.
Bunaken Marine Park, Indonesia is officially listed as both a marine reserve and a national marine park.
"The establishment by 2010 of terrestrial and by 2012 for marine areas of comprehensive, effectively managed, and ecologically representative national and regional systems of protected areas
that collectively, inter alia through a global network, contribute to
achieving the three objectives of the Convention and the 2010 target to
significantly reduce the current late of biodiversity loss
at the global, regional, national, and sub-national levels and
contribute to poverty reduction and the pursuit of sustainable
development."
The UN later endorsed another decision, Decision VII/15, in 2006:
The 10% conservation goal is also found in Sustainable Development Goal 14 (which is part of the Convention on Biological Diversity) and which sets this 10% goal to a later date (2020). In 2017, the UN held the United Nations Ocean Conference
aiming to find ways and urge for the implementation of Sustainable
Development Goal 14. I that 2017 conference, it was clear that just
between 3,6 to 5,7% of the world's oceans were protected, meaning
another 6,4 to 4,3% of the world's oceans needed to be protected within 3
years. The 10% protection goal is described as a "baby step" as 30% is the real
amount of ocean protection scientists agree on that should be
implemented.
Global treaties
United Nations Convention on the Law of the Sea
The Antarctic Treaty System
On
7 April 1982, the Convention on the Conservation of Antarctic Marine
Living Resources (CAMLR Convention) came into force after discussions
began in 1975 between parties of the then-current Antarctic Treaty to limit large-scale exploitation of krill
by commercial fisheries. The Convention bound contracting nations to
abide by previously agreed upon Antarctic territorial claims and
peaceful use of the region while protecting ecosystem integrity south of
the Antarctic Convergence and 60 S latitude.
In so doing, it also established a commission of the original
signatories and acceding parties called the Commission for the
Conservation of Antarctic Marine Living Resources (CCAMLR) to advance
these aims through protection, scientific study, and rational use, such
as harvesting, of those marine resources. Though separate, the Antarctic
Treaty and CCAMLR, make up part the broader system of international
agreements called the Antarctic Treaty System. Since 1982, the CCAMLR
meets annually to implement binding conservations measures like the
creation of 'protected areas' at the suggestion of the convention's
scientific committee.
In 2009, the CCAMLR created the first 'high-seas' MPA entirely within international waters over the southern shelf of the South Orkney Islands.
This area encompasses 94,000 square kilometres (36,000 sq mi) and all
fishing activity including transhipment, and dumping or discharge of
waste is prohibited with the exception of scientific research endeavors.
On 28 October 2016, the CCAMLR, composed of 24 member countries and the
European Union at the time, agreed to establish the world's largest
marine park encompassing 1.55 million km2 (600,000 sq mi) in
the Ross Sea after several years of failed negotiations. Establishment
of the Ross Sea MPA required unanimity of the commission members and
enforcement will begin in December 2017. However, due to a sunset
provision inserted into the proposal, the new marine park will only be
in force for 35 years.
Regional Organizations
PIMPAC
Pacific Islands Marine Protected Areas Community
NAMPAN
North American Marine Protected Areas Network
CCAMLR
Convention on the Conservation of Antarctic Marine Living Resources
National Targets
Many
countries have established national targets, accompanied by action
plans and implementations. The UN Council identified the need for
countries to collaborate with each other to establish effective regional
conservation plans. Some national targets are listed in the table below.
10% of Manx waters as 'effectively managed, ecologically
representative and well-connected protected areas and other effective
area-based conservation measures' by 2020. As of June 2016,
approximately 3% of Manx waters were protected as a Marine Nature Reserve, with additional areas subject to seasonal or temporary protection.[39]
29 MPAs covering 18% of state marine area with 243 square kilometres (94 sq mi) at maximum protection.
The prevalent practice of area-based targets was criticized in 2019
by a group of environmental scientists because politicians tended to
protect parts of the oceans where little fishing happened to meet the
goals. The lack of fishing in these areas made them easy to protect, but
it also had little positive impact.
National efforts
The
marine protected area network is still in its infancy. As of October
2010, approximately 6,800 MPAs had been established, covering 1.17% of
global ocean area. Protected areas covered 2.86% of exclusive economic
zones (EEZs). MPAs covered 6.3% of territorial seas. Many prohibit the use of harmful fishing techniques yet only 0.01% of the ocean's area is designated as a "no take zone". This coverage is far below the projected goal of 20%-30%
Those targets have been questioned mainly due to the cost of managing
protected areas and the conflict that protections have generated with
human demand for marine goods and services.
Africa
South Africa
A marine protected area of South Africa is an area of coastline or ocean within the exclusive economic zone (EEZ) of the Republic of South Africa that is protected in terms of specific legislation.
There are a total of 45 marine protected areas
in the South African EEZ, with a total area of 5% of the waters. The
target is to have 10% of the oceanic waters protected by 2020. All but
one of the MPAs are in the coastal waters off continental South Africa,
and one is off Prince Edward Island in the Southern Ocean.
The Gulf of Mexico region (in 3D) is encompassed by the "Islands in the Stream" proposal.
The Greater Caribbean
subdivision encompasses an area of about 5,700,000 square kilometres
(2,200,000 sq mi) of ocean and 38 nations. The area includes island
countries like the Bahamas and Cuba, and the majority of Central America. The Convention for Protection and Development of the Marine Environment of the Wider Caribbean Region (better known as the Cartagena Convention) was established in 1983. Protocols involving protected areas were ratified in 1990. As of 2008, the region hosted about 500 MPAs. Coral reefs are the best represented.
Southeast
Asia is a global epicenter for marine diversity. 12% of its coral reefs
are in MPAs. The Philippines have some the world's best coral reefs and
protect them to attract international tourism. Most of the Philippines'
MPAs are established to secure protection for its coral reef and sea grass habitats. Indonesia has MPAs designed for tourism and relies on tourism as a main source of income.
Philippines
The Philippines
host one of the most highly biodiverse regions, with 464 reef-building
coral species. Due to overfishing, destructive fishing techniques, and
rapid coastal development, these are in rapid decline. The country has
established some 600 MPAs. However, the majority are poorly enforced and
are highly ineffective. However, some have positively impacted reef
health, increased fish biomass, decreased coral bleaching and increased
yields in adjacent fisheries. One notable example is the MPA surrounding
Apo Island.
Latin America
Latin America
has designated one large MPA system. As of 2008, 0.5% of its marine
environment was protected, mostly through the use of small, multiple-use
MPAs.
South Pacific
The South Pacific network ranges from Belize to Chile. Governments in the region adopted the Lima convention
and action plan in 1981. An MPA-specific protocol was ratified in 1989.
The permanent commission on the exploitation and conservation on the
marine resources of the South Pacific promotes the exchange of studies
and information among participants.
The region is currently running one comprehensive cross-national
program, the Tropical Eastern Pacific Marine Corridor Network, signed in
April 2004. The network covers about 211,000,000 square kilometres
(81,000,000 sq mi).
One alternative to imposing MPAs on an indigenous population is through the use of Indigenous Protected Areas, such as those in Australia.
North Pacific
The
North Pacific network covers the western coasts of Mexico, Canada, and
the U.S. The "Antigua Convention" and an action plan for the north
Pacific region were adapted in 2002. Participant nations manage their
own national systems.
In 2010-2011, the State of California completed hearings and actions
via the state Department of Fish and Game to establish new MPAs.
United States and Pacific Island Territories
President Barack Obama
signed a proclamation on September 25, 2014, designating the world's
largest marine reserve. The proclamation expanded the existing Pacific Remote Islands Marine National Monument,
one of the world's most pristine tropical marine environments, to six
times its current size, encompassing 490,000 square miles (1,300,000 km2) of protected area around these islands. Expanding the Monument protected the area's unique deep coral reefs and seamounts.
In April 2009, the US established a United States National System of Marine Protected Areas, which strengthens the protection of US ocean, coastal and Great Lakes resources. These large-scale MPAs should balance "the interests of conservationists, fishers, and the public."
As of 2009, 225 MPAs participated in the national system. Sites work
together toward common national and regional conservation goals and
priorities. NOAA's national marine protected areas center maintains a
comprehensive inventory
of all 1,600+ MPAs within the US exclusive economic zone. Most US
MPAs.allow some type of extractive use. Fewer than 1% of U.S. waters
prohibit all extractive activities.
In 1981 Olympic National Park became a marine protected area. The total protected site area is 3,697 square kilometres (1,427 sq mi). 173.2 km2 of the area was an MPA. The national system is a mechanism to foster MPA collaboration. Sites that meet pertinent criteria are eligible to join the national system. Four entry criteria govern admission:
Meets the definition of an MPA as defined in the Framework.
Has a management plan (can be sitespecific or part of a broader
programmatic management plan; must have goals and objectives and call
for monitoring or evaluation of those goals and objectives).
Contributes to at least one priority conservation objective as listed in the Framework.
Cultural heritage MPAs must also conform to criteria for the National Register for Historic Places."
In 1999, California adopted the Marine Life Protection Act, establishing the first state law requiring a comprehensive, science-based MPA network. The state created the Marine Life Protection Act Initiative.
The MLPA Blue Ribbon Task Force and stakeholder and scientific advisory
groups ensure that the process uses the science and public
participation.
The MLPA Initiative established a plan to create California's
statewide MPA network by 2011 in several steps. The Central Coast step
was successfully completed in September, 2007. The North Central Coast
step was completed in 2010. The South Coast and North Coast steps were
expected to go into effect in 2012.
The United Kingdom is also creating marine protected reserves around several British Overseas Territories.
The UK is responsible for 6.8 million square kilometres of ocean around the world, larger than all but four other countries.
The Chagos Marine Protected Area
in the Indian Ocean was established in 2010 as a "no-take-zone". With a
total surface area of 640,000 square kilometres (250,000 sq mi), it
was the world's largest contiguous marine reserve. In March 2015, the UK announced the creation of a marine reserve around the Pitcairn Islands
in the Southern Pacific Ocean to protect its special biodiversity. The
area of 830,000 square kilometres (320,000 sq mi) surpassed the Chagos
Marine Protected Area as the world's largest contiguous marine reserve, until the August 2016 expansion of the Papahānaumokuākea Marine National Monument in the United States to 1,510,000 square kilometres (580,000 sq mi).
In January 2016, the UK government announced the intention to create a marine protected area around Ascension Island. The protected area will be 234,291 square kilometres (90,460 sq mi), half of which will be closed to fishing.
Two assessments, conducted thirty years apart, of three
Mediterranean MPAs, demonstrate that proper protection allows
commercially valuable and slow-growing red coral (Corallium rubrum)
to produce large colonies in shallow water of less than 50 metres
(160 ft). Shallow-water colonies outside these decades-old MPAs are
typically very small. The MPAs are Banyuls, Carry-le-Rouet and Scandola, off the island of Corsica.
WWF together with other partners
proposed the creation of MedPan (Network of Marine Protected Areas
Managers in the Mediterranean) which aims to protect 10% of the surface
of the mediterranean by 2020
Managers and scientists use geographic information systems and remote sensing
to map and analyze MPAs. NOAA Coastal Services Center compiled an
"Inventory of GIS-Based Decision-Support Tools for MPAs." The report
focuses on GIS tools with the highest utility for MPA processes. Remote sensing uses advances in aerial photographyimage capture, pop-up archival satellite tags, satellite imagery, acoustic data, and radar imagery.
Mathematical models that seek to reflect the complexity of the natural
setting may assist in planning harvesting strategies and sustaining
fishing grounds.
Coral reefs
Coral reef systems have been in decline worldwide. Causes include overfishing, pollution and ocean acidification. As of 2013 30% of the world's reefs were severely damaged. Approximately 60% will be lost by 2030 without enhanced protection. Marine reserves with "no take zones" are the most effective form of protection. Only about 0.01% of the world's coral reefs are inside effective MPAs.
Fish
MPAs can be an effective tool to maintain fish populations.
The general concept is to create overpopulation within the MPA. The
fish expand into the surrounding areas to reduce crowding, increasing
the population of unprotected areas.
This helps support local fisheries in the surrounding area, while
maintaining a healthy population within the MPA. Such MPAs are most
commonly used for coral reef ecosystems.
One example is at Goat Island Bay in New Zealand, established in
1977. Research gathered at Goat Bay documented the spillover effect.
"Spillover and larval export—the drifting of millions of eggs and larvae
beyond the reserve—have become central concepts of marine
conservation". This positively impacted commercial fishermen in
surrounding areas.
Another unexpected result of MPAs is their impact on predatory
marine species, which in some conditions can increase in population.
When this occurs, prey populations decrease. One study showed that in 21
out of 39 cases, "trophic cascades," caused a decrease in herbivores,
which led to an increase in the quantity of plant life. (This occurred
in the Malindi Kisite and Watamu Marian National Parks in Kenya; the
Leigh Marine Reserve in New Zealand; and Brackett's Landing Conservation
Area in the US.
Success criteria
Both CBD and IUCN have criteria for setting up and maintaining MPA networks, which emphasize 4 factors:
Adequacy—ensuring that the sites have the size, shape, and distribution to ensure the success of selected species.
Representability—protection for all of the local environment's biological processes
Resilience—the resistance of the system to natural disaster, such as a tsunami or flood.
Connectivity—maintaining population links across nearby MPAs.
Misconceptions
Misconceptions
about MPAs include the belief that all MPAs are no-take or no-fishing
areas. However, less than 1 percent of US waters are no-take areas. MPA
activities can include consumption fishing, diving and other activities.
Another misconception is that most MPAs are federally managed.
Instead, MPAs are managed under hundreds of laws and jurisdictions. They
can exist in state, commonwealth, territory and tribal waters.
Another misconception is that a federal mandate dedicates a set
percentage of ocean to MPAs. Instead the mandate requires an evaluation
of current MPAs and creates a public resource on current MPAs.
Criticism
Some
existing and proposed MPAs have been criticized by indigenous
populations and their supporters, as impinging on land usage rights. For
example, the proposed Chagos Protected Area in the Chagos Islands is
contested by Chagossians deported from their homeland in 1965 by the British as part of the creation of the British Indian Ocean Territory (BIOT). According to WikiLeaksCableGate documents,
the UK proposed that the BIOT become a "marine reserve" with the aim of
preventing the former inhabitants from returning to their lands and to
protect the joint UK/US military base on Diego Garcia Island.
Other critiques include: their cost (higher than that of passive
management), conflicts with human development goals, inadequate scope to
address factors such as climate change and invasive species.
Recent research
The larvae of the yellow tang can drift more than 100 miles and reseed in a distant location.
In 2010, one study found that fish larvae can drift on ocean currents and reseed fish stocks
at a distant location. This finding demonstrated that fish populations
can be connected to distant locations through the process of larval
drift.
They investigated the yellow tang, because larva of this species stay in the general area of the reef in which they first settle. The tropical yellow tang is heavily fished by the aquarium
trade. By the late 1990s, their stocks were collapsing. Nine MPAs were
established off the coast of Hawaii to protect them. Larval drift has
helped them establish themselves in different locations, and the fishery
is recovering.
"We've clearly shown that fish larvae that were spawned inside marine
reserves can drift with currents and replenish fished areas long
distances away," said coauthor Mark Hixon.
