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Sunday, August 25, 2019

Management

From Wikipedia, the free encyclopedia

An organization chart for the United States Coast Guard shows the hierarchy of managerial roles in that organization.
 
Management (or managing) is the administration of an organization, whether it is a business, a not-for-profit organization, or government body. Management includes the activities of setting the strategy of an organization and coordinating the efforts of its employees (or of volunteers) to accomplish its objectives through the application of available resources, such as financial, natural, technological, and human resources. The term "management" may also refer to those people who manage an organization. 

Social scientists study management as an academic discipline, investigating areas such as social organization and organizational leadership. Some people study management at colleges or universities; major degrees in management include the Bachelor of Commerce (B.Com.) Bachelor of Business Administration (BBA.) Master of Business Administration (MBA.) Master in Management (MScM or MIM) and, for the public sector, the Master of Public Administration (MPA) degree. Individuals who aim to become management specialists or experts, management researchers, or professors may complete the Doctor of Management (DM), the Doctor of Business Administration (DBA), or the PhD in Business Administration or Management. There has recently been a movement for evidence-based management.

Larger organizations generally have three levels of managers, which are typically organized in a hierarchical, pyramid structure:
  • Senior managers, such as members of a Board of Directors and a Chief Executive Officer (CEO) or a President of an organization. They set the strategic goals of the organization and make decisions on how the overall organization will operate. Senior managers are generally executive-level professionals, and provide direction to middle management who directly or indirectly report to them.
  • Middle managers, examples of these would include branch managers, regional managers, department managers and section managers, who provide direction to front-line managers. Middle managers communicate the strategic goals of senior management to the front-line managers.
  • Lower managers, such as supervisors and front-line team leaders, oversee the work of regular employees (or volunteers, in some voluntary organizations) and provide direction on their work.
In smaller organizations, an individual manager may have a much wider scope. A single manager may perform several roles or even all of the roles commonly observed in a large organization.

Definitions

Views on the definition and scope of management include:
  • According to Henri Fayol, "to manage is to forecast and to plan, to organise, to command, to co-ordinate and to control."
  • Fredmund Malik defines it as "the transformation of resources into utility."
  • Management included as one of the factors of production – along with machines, materials and money.
  • Ghislain Deslandes defines it as “a vulnerable force, under pressure to achieve results and endowed with the triple power of constraint, imitation and imagination, operating on subjective, interpersonal, institutional and environmental levels”.
  • Peter Drucker (1909–2005) saw the basic task of management as twofold: marketing and innovation. Nevertheless, innovation is also linked to marketing (product innovation is a central strategic marketing issue). Peter Drucker identifies marketing as a key essence for business success, but management and marketing are generally understood as two different branches of business administration knowledge.

Theoretical scope

Management involves identifying the mission, objective, procedures, rules and manipulation of the human capital of an enterprise to contribute to the success of the enterprise. This implies effective communication: an enterprise environment (as opposed to a physical or mechanical mechanism) implies human motivation and implies some sort of successful progress or system outcome. As such, management is not the manipulation of a mechanism (machine or automated program), not the herding of animals, and can occur either in a legal or in an illegal enterprise or environment. From an individual's perspective, management does not need to be seen solely from an enterprise point of view, because management is an essential function to improve one's life and relationships. Management is therefore everywhere and it has a wider range of application. Based on this, management must have humans. Communication and a positive endeavor are two main aspects of it either through enterprise or independent pursuit. Plans, measurements, motivational psychological tools, goals, and economic measures (profit, etc.) may or may not be necessary components for there to be management. At first, one views management functionally, such as measuring quantity, adjusting plans, meeting goals. This applies even in situations where planning does not take place. From this perspective, Henri Fayol (1841–1925) considers management to consist of five functions:
  1. planning (forecasting)
  2. organizing
  3. commanding
  4. coordinating
  5. controlling
In another way of thinking, Mary Parker Follett (1868–1933), allegedly defined management as "the art of getting things done through people".[6] She described management as philosophy.

Critics, however, find this definition useful but far too narrow. The phrase "management is what managers do" occurs widely, suggesting the difficulty of defining management without circularity, the shifting nature of definitions and the connection of managerial practices with the existence of a managerial cadre or of a class.

One habit of thought regards management as equivalent to "business administration" and thus excludes management in places outside commerce, as for example in charities and in the public sector. More broadly, every organization must "manage" its work, people, processes, technology, etc. to maximize effectiveness. Nonetheless, many people refer to university departments that teach management as "business schools". Some such institutions (such as the Harvard Business School) use that name, while others (such as the Yale School of Management) employ the broader term "management". 

English-speakers may also use the term "management" or "the management" as a collective word describing the managers of an organization, for example of a corporation. Historically this use of the term often contrasted with the term "labor" – referring to those being managed.

But in the present era the concept of management is identified in the wide areas and its frontiers have been pushed to a broader range. Apart from profitable organizations even non-profitable organizations (NGOs) apply management concepts. The concept and its uses are not constrained. Management on the whole is the process of planning, organizing, coordinating, leading and controlling.

Nature of work

In profitable organizations, management's primary function is the satisfaction of a range of stakeholders. This typically involves making a profit (for the shareholders), creating valued products at a reasonable cost (for customers), and providing great employment opportunities for employees. In nonprofit management, add the importance of keeping the faith of donors. In most models of management and governance, shareholders vote for the board of directors, and the board then hires senior management. Some organizations have experimented with other methods (such as employee-voting models) of selecting or reviewing managers, but this is rare.

History

Some see management as a late-modern (in the sense of late modernity) conceptualization. On those terms it cannot have a pre-modern history – only harbingers (such as stewards). Others, however, detect management-like thought among ancient Sumerian traders and the builders of the pyramids of ancient Egypt. Slave-owners through the centuries faced the problems of exploiting/motivating a dependent but sometimes unenthusiastic or recalcitrant workforce, but many pre-industrial enterprises, given their small scale, did not feel compelled to face the issues of management systematically. However, innovations such as the spread of Hindu numerals (5th to 15th centuries) and the codification of double-entry book-keeping (1494) provided tools for management assessment, planning and control.
  • An organisation is more stable if members have the right to express their differences and solve their conflicts within it.
  • While one person can begin an organisation, "it is lasting when it is left in the care of many and when many desire to maintain it".
  • A weak manager can follow a strong one, but not another weak one, and maintain authority.
  • A manager seeking to change an established organization "should retain at least a shadow of the ancient customs".
With the changing workplaces of industrial revolutions in the 18th and 19th centuries, military theory and practice contributed approaches to managing the newly-popular factories.

Given the scale of most commercial operations and the lack of mechanized record-keeping and recording before the industrial revolution, it made sense for most owners of enterprises in those times to carry out management functions by and for themselves. But with growing size and complexity of organizations, a distinction between owners (individuals, industrial dynasties or groups of shareholders) and day-to-day managers (independent specialists in planning and control) gradually became more common.

Etymology

The English verb "manage" comes from the Italian maneggiare (to handle, especially tools or a horse), which derives from the two Latin words manus (hand) and agere (to act). The French word for housekeeping, ménagerie, derived from ménager ("to keep house"; compare ménage for "household"), also encompasses taking care of domestic animals. Ménagerie is the French translation of Xenophon's famous book Oeconomicus (Greek: Οἰκονομικός) on household matters and husbandry. The French word mesnagement (or ménagement) influenced the semantic development of the English word management in the 17th and 18th centuries.

Early writing

Management (according to some definitions) has existed for millennia, and several writers have produced background works that have contributed to modern management theories. Some theorists have cited ancient military texts as providing lessons for civilian managers. For example, Chinese general Sun Tzu in his 6th-century BC work The Art of War recommends (when re-phrased in modern terminology) being aware of and acting on strengths and weaknesses of both a manager's organization and a foe's. The writings of influential Chinese Legalist philosopher Shen Buhai may be considered to embody a rare premodern example of abstract theory of administration.

Various ancient and medieval civilizations produced "mirrors for princes" books, which aimed to advise new monarchs on how to govern. Plato described job specialization in 350 BC, and Alfarabi listed several leadership traits in AD 900. Other examples include the Indian Arthashastra by Chanakya (written around 300 BC), and The Prince by Italian author Niccolò Machiavelli (c. 1515).

Written in 1776 by Adam Smith, a Scottish moral philosopher, The Wealth of Nations discussed efficient organization of work through division of labour. Smith described how changes in processes could boost productivity in the manufacture of pins. While individuals could produce 200 pins per day, Smith analyzed the steps involved in manufacture and, with 10 specialists, enabled production of 48,000 pins per day.

19th century

Classical economists such as Adam Smith (1723–1790) and John Stuart Mill (1806–1873) provided a theoretical background to resource allocation, production, and pricing issues. About the same time, innovators like Eli Whitney (1765–1825), James Watt (1736–1819), and Matthew Boulton (1728–1809) developed elements of technical production such as standardization, quality-control procedures, cost-accounting, interchangeability of parts, and work-planning. Many of these aspects of management existed in the pre-1861 slave-based sector of the US economy. That environment saw 4 million people, as the contemporary usages had it, "managed" in profitable quasi-mass production.

Salaried managers as an identifiable group first became prominent in the late 19th century.

20th century

By about 1900 one finds managers trying to place their theories on what they regarded as a thoroughly scientific basis (see scientism for perceived limitations of this belief). Examples include Henry R. Towne's Science of management in the 1890s, Frederick Winslow Taylor's The Principles of Scientific Management (1911), Lillian Gilbreth's Psychology of Management (1914), Frank and Lillian Gilbreth's Applied motion study (1917), and Henry L. Gantt's charts (1910s). J. Duncan wrote the first college management-textbook in 1911. In 1912 Yoichi Ueno introduced Taylorism to Japan and became the first management consultant of the "Japanese-management style". His son Ichiro Ueno pioneered Japanese quality assurance

The first comprehensive theories of management appeared around 1920. The Harvard Business School offered the first Master of Business Administration degree (MBA) in 1921. People like Henri Fayol (1841–1925) and Alexander Church (1866-1936) described the various branches of management and their inter-relationships. In the early-20th century, people like Ordway Tead (1891–1973), Walter Scott (1869-1955) and J. Mooney applied the principles of psychology to management. Other writers, such as Elton Mayo (1880–1949), Mary Parker Follett (1868–1933), Chester Barnard (1886–1961), Max Weber (1864–1920), who saw what he called the "administrator" as bureaucrat, Rensis Likert (1903–1981), and Chris Argyris (born 1923) approached the phenomenon of management from a sociological perspective. 

Peter Drucker (1909–2005) wrote one of the earliest books on applied management: Concept of the Corporation (published in 1946). It resulted from Alfred Sloan (chairman of General Motors until 1956) commissioning a study of the organisation. Drucker went on to write 39 books, many in the same vein. 

H. Dodge, Ronald Fisher (1890–1962), and Thornton C. Fry introduced statistical techniques into management-studies. In the 1940s, Patrick Blackett worked in the development of the applied-mathematics science of operations research, initially for military operations. Operations research, sometimes known as "management science" (but distinct from Taylor's scientific management), attempts to take a scientific approach to solving decision-problems, and can apply directly to multiple management problems, particularly in the areas of logistics and operations.

Some of the more recent developments include the Theory of Constraints, management by objectives, reengineering, Six Sigma, the Viable system model, and various information-technology-driven theories such as agile software development, as well as group-management theories such as Cog's Ladder

As the general recognition of managers as a class solidified during the 20th century and gave perceived practitioners of the art/science of management a certain amount of prestige, so the way opened for popularised systems of management ideas to peddle their wares. In this context many management fads may have had more to do with pop psychology than with scientific theories of management. 

Business management includes the following branches:
  1. financial management
  2. human resource management
  3. information technology management (responsible for management information systems)
  4. marketing management
  5. operations management and production management
  6. strategic management

21st century

In the 21st century observers find it increasingly difficult to subdivide management into functional categories in this way. More and more processes simultaneously involve several categories. Instead, one tends to think in terms of the various processes, tasks, and objects subject to management.

Branches of management theory also exist relating to nonprofits and to government: such as public administration, public management, and educational management. Further, management programs related to civil-society organizations have also spawned programs in nonprofit management and social entrepreneurship.

Note that many of the assumptions made by management have come under attack from business-ethics viewpoints, critical management studies, and anti-corporate activism.

As one consequence, workplace democracy (sometimes referred to as Workers' self-management) has become both more common and more advocated, in some places distributing all management functions among workers, each of whom takes on a portion of the work. However, these models predate any current political issue, and may occur more naturally than does a command hierarchy. All management embraces to some degree a democratic principle—in that in the long term, the majority of workers must support management. Otherwise, they leave to find other work or go on strike. Despite the move toward workplace democracy, command-and-control organization structures remain commonplace as de facto organization structures. Indeed, the entrenched nature of command-and-control is evident in the way that recent layoffs have been conducted with management ranks affected far less than employees at the lower levels. In some cases, management has even rewarded itself with bonuses after laying off lower-level workers.

According to leadership-academic Manfred F.R. Kets de Vries, a contemporary senior-management team will almost inevitably have some personality disorders.

Topics

Basics

According to Fayol, management operates through five basic functions: planning, organizing, coordinating, commanding, and controlling.
  • Planning: Deciding what needs to happen in the future and generating plans for action (deciding in advance).
  • Organizing (or staffing): Making sure the human and nonhuman resources are put into place.
  • Coordinating: Creating a structure through which an organization's goals can be accomplished.
  • Commanding (or leading): Determining what must be done in a situation and getting people to do it.
  • Controlling: Checking progress against plans.

Basic roles

  • Interpersonal: roles that involve coordination and interaction with employees
Figurehead, leader
  • Informational: roles that involve handling, sharing, and analyzing information
Nerve centre, disseminator
  • Decision: roles that require decision-making
Entrepreneur, negotiator, allocator

Skills

Management skills include:
  • political: used to build a power base and to establish connections
  • conceptual: used to analyze complex situations
  • interpersonal: used to communicate, motivate, mentor and delegate
  • diagnostic: ability to visualize appropriate responses to a situation
  • leadership: ability to lead and to provide guidance to a specific group
  • technical: expertise in one's particular functional area.
  • behavioral: perception towards others.

Implementation of policies and strategies

  • All policies and strategies must be discussed with all managerial personnel and staff.
  • Managers must understand where and how they can implement their policies and strategies.
  • A plan of action must be devised for each department.
  • Policies and strategies must be reviewed regularly.
  • Contingency plans must be devised in case the environment changes.
  • Top-level managers should carry out regular progress assessments.
  • The business requires team spirit and a good environment.
  • The missions, objectives, strengths and weaknesses of each department must be analyzed to determine their roles in achieving the business's mission.
  • The forecasting method develops a reliable picture of the business' future environment.
  • A planning unit must be created to ensure that all plans are consistent and that policies and strategies are aimed at achieving the same mission and objectives.

Policies and strategies in the planning process

  • They give mid and lower-level managers a good idea of the future plans for each department in an organization.
  • A framework is created whereby plans and decisions are made.
  • Mid and lower-level management may add their own plans to the business's strategies.

Levels

Most organizations have three management levels: first-level, middle-level, and top-level managers. First-line managers are the lowest level of management and manage the work of nonmanagerial individuals who are directly involved with the production or creation of the organization's products. First-line managers are often called supervisors, but may also be called line managers, office managers, or even foremen. Middle managers include all levels of management between the first-line level and the top level of the organization. These managers manage the work of first-line managers and may have titles such as department head, project leader, plant manager, or division manager. Top managers are responsible for making organization-wide decisions and establishing the plans and goals that affect the entire organization. These individuals typically have titles such as executive vice president, president, managing director, chief operating officer, chief executive officer, or chairman of the board.

These managers are classified in a hierarchy of authority, and perform different tasks. In many organizations, the number of managers in every level resembles a pyramid. Each level is explained below in specifications of their different responsibilities and likely job titles.

Top

The top or senior layer of management consists of the board of directors (including non-executive directors and executive directors), president, vice-president, CEOs and other members of the C-level executives. Different organizations have various members in their C-suite, which may include a Chief Financial Officer, Chief Technology Officer, and so on. They are responsible for controlling and overseeing the operations of the entire organization. They set a "tone at the top" and develop strategic plans, company policies, and make decisions on the overall direction of the organization. In addition, top-level managers play a significant role in the mobilization of outside resources. Senior managers are accountable to the shareholders, the general public and to public bodies that oversee corporations and similar organizations. Some members of the senior management may serve as the public face of the organization, and they may make speeches to introduce new strategies or appear in marketing.

The board of directors is typically primarily composed of non-executives who owe a fiduciary duty to shareholders and are not closely involved in the day-to-day activities of the organization, although this varies depending on the type (e.g., public versus private), size and culture of the organization. These directors are theoretically liable for breaches of that duty and typically insured under directors and officers liability insurance. Fortune 500 directors are estimated to spend 4.4 hours per week on board duties, and median compensation was $212,512 in 2010. The board sets corporate strategy, makes major decisions such as major acquisitions, and hires, evaluates, and fires the top-level manager (Chief Executive Officer or CEO). The CEO typically hires other positions. However, board involvement in the hiring of other positions such as the Chief Financial Officer (CFO) has increased. In 2013, a survey of over 160 CEOs and directors of public and private companies found that the top weaknesses of CEOs were "mentoring skills" and "board engagement", and 10% of companies never evaluated the CEO. The board may also have certain employees (e.g., internal auditors) report to them or directly hire independent contractors; for example, the board (through the audit committee) typically selects the auditor

Helpful skills of top management vary by the type of organization but typically include a broad understanding of competition, world economies, and politics. In addition, the CEO is responsible for implementing and determining (within the board's framework) the broad policies of the organization. Executive management accomplishes the day-to-day details, including: instructions for preparation of department budgets, procedures, schedules; appointment of middle level executives such as department managers; coordination of departments; media and governmental relations; and shareholder communication.

Middle

Consist of general managers, branch managers and department managers. They are accountable to the top management for their department's function. They devote more time to organizational and directional functions. Their roles can be emphasized as executing organizational plans in conformance with the company's policies and the objectives of the top management, they define and discuss information and policies from top management to lower management, and most importantly they inspire and provide guidance to lower level managers towards better performance.

Middle management is the midway management of a categorized organization, being secondary to the senior management but above the deepest levels of operational members. An operational manager may be well-thought-out by middle management, or may be categorized as non-management operate, liable to the policy of the specific organization. Efficiency of the middle level is vital in any organization, since they bridge the gap between top level and bottom level staffs. 

Their functions include:
  • Design and implement effective group and inter-group work and information systems.
  • Define and monitor group-level performance indicators.
  • Diagnose and resolve problems within and among work groups.
  • Design and implement reward systems that support cooperative behavior. They also make decision and share ideas with top managers.

Lower

Lower managers include supervisors, section leaders, forepersons and team leaders. They focus on controlling and directing regular employees. They are usually responsible for assigning employees' tasks, guiding and supervising employees on day-to-day activities, ensuring the quality and quantity of production and/or service, making recommendations and suggestions to employees on their work, and channeling employee concerns that they cannot resolve to mid-level managers or other administrators. First-level or "front line" managers also act as role models for their employees. In some types of work, front line managers may also do some of the same tasks that employees do, at least some of the time. For example, in some restaurants, the front line managers will also serve customers during a very busy period of the day.
Front-line managers typically provide:
  • Training for new employees
  • Basic supervision
  • Motivation
  • Performance feedback and guidance
Some front-line managers may also provide career planning for employees who aim to rise within the organization.

Training

Colleges and universities around the world offer bachelor's degrees, graduate degrees, diplomas and certificates in management, generally within their colleges of business, business schools or faculty of management but also in other related departments. In the 2010s, there has been an increase in online management education and training in the form of electronic educational technology ( also called e-learning). Online education has increased the accessibility of management training to people who do not live near a college or university, or who cannot afford to travel to a city where such training is available. 

While some professions require academic credentials in order to work in the profession (e.g., law, medicine, engineering, which require, respectively the Bachelor of Law, Doctor of Medicine and Bachelor of Engineering degrees), management and administration positions do not necessarily require the completion of academic degrees. Some well-known senior executives in the US who did not complete a degree include Steve Jobs, Bill Gates and Mark Zuckerberg. However, many managers and executives have completed some type of business or management training, such as a Bachelor of Commerce or a Master of Business Administration degree. Some major organizations, including companies, not-for-profit organizations and governments, require applicants to managerial or executive positions to hold at minimum Bachelor's degree in a field related to administration or management, or in the case of business jobs, a Bachelor of Commerce or a similar degree.

United States of America

Undergraduate

At the undergraduate level, the most common business program is the Bachelor of Commerce (B.Com.). However to manage technological areas, you need an undergraduate degree in a STEM area as preferred to Defense Acquisition University guidelines. This is typically a four-year program that includes courses that give students an overview of the role of managers in planning and directing within an organization. Course topics include accounting, financial management, statistics, marketing, strategy, and other related areas. There are many other undergraduate degrees that include the study of management, such as Bachelor of Arts degrees with a major in business administration or management and Bachelor of Public Administration (B.P.A), a degree designed for individuals aiming to work as bureaucrats in the government jobs. Many colleges and universities also offer certificates and diplomas in business administration or management, which typically require one to two years of full-time study.

Graduate

At the graduate level students aiming at careers as managers or executives may choose to specialize in major subareas of management or business administration such as entrepreneurship, human resources, international business, organizational behavior, organizational theory, strategic management, accounting, corporate finance, entertainment, global management, healthcare management, investment management, sustainability and real estate. A Master of Business Administration (MBA) is the most popular professional degree at the master's level and can be obtained from many universities in the United States. MBA programs provide further education in management and leadership for graduate students. Other master's degrees in business and management include Master of Management (MM) and the Master of Science (M.Sc.) in business administration or management, which is typically taken by students aiming to become researchers or professors. There are also specialized master's degrees in administration for individuals aiming at careers outside of business, such as the Master of Public Administration (MPA) degree (also offered as a Master of Arts in Public Administration in some universities), for students aiming to become managers or executives in the public service and the Master of Health Administration, for students aiming to become managers or executives in the health care and hospital sector.

Management doctorates are the most advanced terminal degrees in the field of business and management. Most individuals obtaining management doctorates take the programs to obtain the training in research methods, statistical analysis and writing academic papers that they will need to seek careers as researchers, senior consultants and/or professors in business administration or management. There are three main types of management doctorates: the Doctor of Management (D.M.), the Doctor of Business Administration (D.B.A.), and the Ph.D. in Business Administration or Management. In the 2010s, doctorates in business administration and management are available with many specializations.

Good practices

While management trends can change so fast, the long term trend in management has been defined by a market embracing diversity and a rising service industry. Managers are currently being trained to encourage greater equality for minorities and women in the workplace, by offering increased flexibility in working hours, better retraining, and innovative (and usually industry-specific) performance markers. Managers destined for the service sector are being trained to use unique measurement techniques, better worker support and more charismatic leadership styles. Human resources finds itself increasingly working with management in a training capacity to help collect management data on the success (or failure) of management actions with employees.

Evidence-based management

Evidence-based management is an emerging movement to use the current, best evidence in management and decision-making. It is part of the larger movement towards evidence-based practices. Evidence-based management entails managerial decisions and organizational practices informed by the best available evidence. As with other evidence-based practice, this is based on the three principles of: 1) published peer-reviewed (often in management or social science journals) research evidence that bears on whether and why a particular management practice works; 2) judgement and experience from contextual management practice, to understand the organization and interpersonal dynamics in a situation and determine the risks and benefits of available actions; and 3) the preferences and values of those affected.

Law of the sea

From Wikipedia, the free encyclopedia

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".

Law of the sea is the public law counterpart to admiralty law (also known as maritime law), which applies to private maritime issues, such as the carriage of goods by sea, rights of salvage, ship collisions, and marine insurance.

History

Among the earliest examples of legal codes concerning maritime affairs is the Byzantine Lex 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 clausumliterally 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 bull Romanus 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.

Saturday, August 24, 2019

Marine protected area

From Wikipedia, the free encyclopedia

Milford Sound, New Zealand is a strict marine reserve (Category Ia) Mitre Peak, the mountain at left, rises 1,692 m (5,551 ft) above the sea.
 
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.

On 28 October 2016 in Hobart, Australia, the Convention for the Conservation of Antarctic Marine Living Resources agreed to establish the first Antarctic and largest marine protected area in the world encompassing 1.55 million km2 (600,000 sq mi) in the Ross Sea. Other large MPAs are in the Indian, Pacific, and Atlantic Oceans, in certain exclusive economic zones of Australia and overseas territories of France, the United Kingdom and the United States, with major (990,000 square kilometres (380,000 sq mi) or larger) new or expanded MPAs by these nations since 2012—such as Natural Park of the Coral Sea, Pacific Remote Islands Marine National Monument, Coral Sea Commonwealth Marine Reserve and South Georgia and the South Sandwich Islands Marine Protected Area. When counted with MPAs of all sizes from many other countries, as of August 2016 there are more than 13,650 MPAs, encompassing 2.07% of the world's oceans, with half of that area – encompassing 1.03% of the world's oceans – receiving complete "no-take" designation.

Terminology

"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.

"Marine protected area (MPA)" is a term for protected areas that include marine environment and biodiversity

Other definitions by the IUCN include (2010):
"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."
The Convention on Biological Diversity defined the broader term of marine and coastal protected area (MCPA);
"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. 

Cat IUCN Protected Area Management Categories:
Ia
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 BiosphereUNESCO 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.

International efforts

The 17th International Union for Conservation of Nature (IUCN) General Assembly in San Jose, California, the 19th IUCN assembly and the fourth World Parks Congress all proposed to centralise the establishment of protected areas. The World Summit on Sustainable Development in 2002 called for
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:
Effective conservation of 10% of each of the world's ecological regions by 2010.
United Nations Framework Convention on Climate Change Decision VII/15
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.

Country Plan of action
American Samoa 20% of reefs to be protected by 2010
AustraliaSouth Australia 19 marine protected areas by 2010
Bahamas 20% of the marine ecosystem protected for fishery replenishment by 2010.
20% of coastal and marine habitats by 2015.
Belize 20% of bioregions. 30% of Coral reefs.
60% of turtle nesting sites.
30% of Manatee distribution.
60% of American crocodile nesting.
80% of breeding areas.
Chile 10% of marine areas by 2010. National network for organization by 2015.
Cuba 22% of land habitat, including:
15% of the insular shelf
25% of coral reefs
25% of wetlands
Dominican Republic 20% of marine and coastal by 2020.
Micronesia 30% of shoreline ecosystems by 2020.
Fiji 30% of reefs by 2015. 30% of water managed by marine protected areas by 2020.
Germany 38% of water managed by the marine protected network. (no set date)
Grenada 25% of nearby marine resources by 2020.
Guam 30% of nearby marine ecosystem by 2020.
Indonesia 100,000 km2 by 2010. 200,000 km2 by 2020.
Republic of Ireland 14% of territorial waters as of 2009[38]
Isle of Man 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]
Jamaica 20% of marine habitats by 2020.
Madagascar 100,000 km2 by 2012.
Marshal Islands 30% of nearby marine ecosystem by 2020.
New Zealand 20% of marine environment by 2010.
North Mariana Islands 30% of nearby marine ecosystem by 2020.
Palau 30% of nearby marine ecosystem by 2020.
Peru Marine protected area system established by 2015.
Philippines 10% fully protected by 2020.
Senegal Creation of MPA network. (no set date)
South Africa 10% of exclusive economic zone by 2020
St. Vincent and the Grenadines 20% of marine areas by 2020.
Tanzania 10% of marine area by 2010; 20% by 2020.
United Kingdom Establish an ecologically coherent network of marine protected areas by 2012.
United StatesCalifornia 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.

Greater Caribbean

The Caribbean region; the UNEP–defined region also includes the Gulf of Mexico. This region is encompassed by the Mesoamerican Barrier Reef System proposal, and the Caribbean challenge
 
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. 

Two networks are under development, the Mesoamerican Barrier Reef System (a long barrier reef that borders the coast of much of Central America), and the "Islands in the Stream" program (covering the Gulf of Mexico).

Southeast Asia

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.

Diagram illustrating the orientation of the 3 marine sanctuaries of Central California: Cordell Bank, Gulf of the Farallones, and Monterey Bay. Davidson Seamount, part of the Monterey Bay sanctuary, is indicated at bottom-right.
 
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.

Indian Ocean

In exchange for some of its national debt being written off, the Seychelles designates two new marine protected areas in the Indian Ocean, covering about 210,000 square kilometres (81,000 sq mi). It is the result of a financial deal, brokered in 2016 by The Nature Conservancy.

United Kingdom and British Overseas Territories

United Kingdom

There are a number of marine protected areas around the coastline of the United Kingdom, known as Marine Conservation Zones in England, Wales, and Northern Ireland, and Marine Protected Areas in Scotland. They are to be found in inshore and offshore waters.

British Overseas Territories

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.

Europe

The Natura 2000 ecological MPA network in the European Union included MPAs in the North Atlantic, the Mediterranean Sea and the Baltic Sea. The member states had to define NATURA 2000 areas at sea in their Exclusive Economic Zone

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

Notable marine protected areas

Marine protected areas

Assessment

The Prickly Pear Cays are a marine protected area, roughly six miles from Road Bay, Anguilla, in the Leeward Islands of the Caribbean.
 
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 photography image 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 WikiLeaks CableGate 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.

A land without a people for a people without a land

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