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1.
European Marine Sites (EMS), designated under either the Habitats or Birds Directives, protect the biodiversity of the European Union (EU) and contribute to the implementation of the 1992 UN Convention on Biological Diversity [1]. The introduction of this form of marine protected area (MPA), as a consequence of EU conservation directives, introduced new legal obligations in waters long exploited by inshore fishing communities. Although the Habitats and Birds Directive have been in place since 1992 and 1979 respectively (the 1979 Directive updated in 2009), it has not been until more recently (2014) that ongoing inshore fisheries activities in England, which predate designation of sites, have been systematically assessed and managed, for their impact in protected sites. In practice it was assumed by many MPA practitioners that at the time of designation of EMS, ongoing activities would be compatible with the conservation objectives of these sites. This paper illustrates the introduction of a general and systematic “revised approach” to managing fisheries in all English EMSs, and how this represented a change in government policy which can be traced directly to a legal campaign between 2008 and 2012 by two UK environmental Non-Governmental Organisations (eNGOs). The paper elucidates this iterative marine policy process analysing the dialogue between government bodies and eNGOs and show how the resulting interpretation of conservation law, has sought to resolve the tensions between the precautionary approach as emphasised by the eNGOs and the Government's desire for proportionality of response.  相似文献   

2.
The role of marine spatial planning in sea use management: The Belgian case   总被引：1，自引：0，他引：1  
The expansion of offshore activities and the increasing need to meet international and national commitments to biodiversity conservation have led to an enhanced interest in marine spatial planning (MSP) as a tool for sea use management. Several European countries, on their own initiative or driven by European legislation and policy, have taken global leadership in implementing MSP. This article will discuss the Belgian experiences with MSP. It will give a short historical overview based on legal developments and review the implementation process of a ‘Master Plan’ as a spatial management policy for the Belgian Part of the North Sea. Additionally, this article will reflect on the research that has been done in Belgium to apply a land-use planning approach to the marine environment. The MSP process in Belgium shows that a spatial approach to sea use management is possible despite the lack of a legal zoning framework. However, it concludes that a legal basis for MSP, in addition to the current permit system, would provide a more strategic and integrated framework for ecosystem-based, sea use management.  相似文献   

3.
This paper seeks to illustrate the role of principles in an emerging regime for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ). While certainly not a standalone solution for a complex issue, principles nonetheless serve an essential function in regime-building, bridging legal and governance processes to identify new ways forward. Given the fundamental questions of international law at hand – the restriction of the freedoms of the high seas, the nature of UNCLOS as a “living instrument” and the need to engage in innovative practice spanning law and governance – it comes as no surprise that discussions on the future of ABNJ have been highly polarized. Principles offer points of convergence to address both the “regulatory gaps” and “implementation gaps” identified and serve the structural needs of both law and governance to produce dynamic change in the protection of marine biodiversity in ABNJ. Through their function as precursors to rules, principles prepare a common space for the emergence of a regime and give it a set of mechanisms through which it can strengthen its connections to the diversity of instruments and institutions involved in addressing a multifaceted problem. A statement of principles to strengthen the conservation and sustainable use of marine biodiversity in ABNJ – many of which constitute customary international law – would therefore be a logical and constructive next step in this on-going process.  相似文献   

4.
This paper provides an overview of the emerging policy landscape for marine spatial planning in the European Union, which consists of four main categories of policy drivers: environmental legislation, legislation on marine renewable energy, fisheries regulations and the Integrated Maritime Policy. The weak links between these categories of policy drivers, underpinned by a lack of clarity regarding the vision for sustainability, pose major challenges for the emergence of ecosystem-based and integrated marine spatial planning in Europe. In addition, there is still uncertainty arising from on-going reform of the Common Fisheries Policy, and discussions on the need for a new marine spatial planning directive. This paper concludes with the view that better integration of environmental concerns into the Common Fisheries Policy is needed to strengthen the link between environmental legislation and fisheries regulations, and that the existing policy landscape, particularly the Marine Strategic Framework Directive, already provides a legal framework for ecosystem-based marine spatial planning. Such a framework is consistent with the recognition that ecosystem conservation underpins other pillars of sustainable development and provides the foundation for cross-sectoral marine planning and management.  相似文献   

5.
This paper explores the science–policy interface in environmental decision-making in the European Community as it moves towards its stated aims of implementing a precautionary and ecosystem-based approach to marine environmental management. Whilst recent EC case law has clarified some questions of Member State responsibilities under international environmental obligations, recent case studies at the crossing point between marine nature conservation and fisheries management in EC waters raise questions about the role of science in policy-making in Brussels. This has important implications for the developing EC Integrated Maritime Policy and Marine Strategy Framework Directive, and the concept of Maritime Spatial Planning as a whole. A new paradigm for bridging the science–policy gap is required in light of the developing legislative framework and given the complex nature of the marine environment.  相似文献   

6.
Ireland's waters represent a valuable resource encompassing productive fishing grounds and important oil and gas reserves. As a species rich marine environment, Ireland's waters are also an important habitat for many species of marine mammal. Specifically, grey seals (Halichoerus grypus) and harbour seals (Phoca vitulina) are widespread in Irish coastal waters and at least 24 species of cetacean have been reported at sea. The coastal zone represents critical habitat for many of these species, in particular seals that use both terrestrial and aquatic coastal habitat and are vulnerable to habitat degradation. Increasing exploitation of marine resources has increased their exposure to a range of anthropogenic effects including pollution and habitat loss. As top predators seals interact with commercial fisheries both directly and indirectly for resources and conflicts arise. The relatively recent move towards ‘greener’ resource exploitation such as marine renewable energy does not come without negative consequences for marine mammals including seals, which are afforded protection under national and international conservation legislation, highlighting the difficulties faced by resource managers. The sustainable exploitation of resources whilst conserving biodiversity is a challenging task and effective management implementation depends on appropriate policy informed by reliable scientific data. This paper outlines the conservation needs of seals in Irish waters, reviews our current knowledge of these species in Irish water, provides a critical analysis of the existing legislative framework and describes how research outputs can inform present and future policy decisions.  相似文献   

7.
Member States of the European Union are increasingly designating marine protected areas (MPAs) to meet globally agreed marine protection targets and regional commitments. A number of studies have examined the impact of the associated European policy on the representation of species and habitats but there is no comprehensive review of their combined impact on marine conservation in Europe. Here a systematic conservation planning framework is used to conduct such a review and compare the existing legislation to three elements of best practice, which are designed to identify MPA networks that achieve conservation goals whilst increasing the likelihood of implementation. In particular, this review investigates the extent to which legislation: (i) translates broad policy goals into explicit targets; (ii) incorporates socio-economic data into the planning process; and (iii) requires a social assessment. Whilst this legislation has widespread political support and has underpinned the rapid expansion of MPA networks, this review shows it largely fails to incorporate these key components from systematic conservation planning. Therefore, if European approaches to marine conservation are to fulfil their goal of halting marine biodiversity loss, it is essential they link existing policy frameworks with transparent strategies that account for local conditions and support implementation.  相似文献   

8.
Marine biodiversity conservation is a common issue in the world. Due to rapid economic development in coastal area in China, marine biodiversity conservation faces great pressure. In this paper, the idea of the integrated coastal zone management (ICZM) was applied as a framework in marine biodiversity conservation. At first, the relationship between integrated coastal zone management and the marine biodiversity conservation was discussed. Then, as a case study in Fujian Quanzhou bay, a set of strategies on marine biodiversity conservation based on ICZM were put forward, which included how to define management boundary of marine biodiversity conservation, the impact assessment model of human activities in the coastal area on marine biodiversity, the planning and management of marine biodiversity conservation, and the monitoring system of the marine biodiversity. Finally, the framework of the comprehensive decision support system based on GIS was suggested.  相似文献   

9.
Australian flora and fauna are both highly endemic and species-rich, yet they have been under enormous human pressure as ecosystems have been simplified and fragmented. In order to promote biodiversity Australia has ratified the Convention on Biological Diversity (CBD) and has released a Draft National Strategy for the Conservation of Australia's Biological Diversity. The purpose of this article is to explore how Australian biological diversity will be supported in a national system of marine protected areas. Attention is given firstly to the international and Australian responses to biological diversity, particularly with respect to the use of in situ conservation. This is followed by an overview of the Australian marine protected area system. An assessment is made on how marine protected areas can further conserve and enhance the unique biodiversity of Australia.  相似文献   

10.
A decade of international discussion on marine biological diversity beyond areas of national jurisdiction (BBNJ) culminated in 2015 with a United Nations General Assembly Resolution to establish an international legally-binding instrument on the conservation and sustainable use of BBNJ. Proponents of the new instrument therefore consider it as an opportunity to eliminate gaps in the current legal regime and promote better coordination. As the next step in the negotiations begins, substantial lessons can be drawn from the 1995 UN Fish Stocks Agreement (UNFSA), which has faced many of the same challenges related to gaps in scientific knowledge, uneven governance and regulatory capacities, and inherent unpredictability, both ecologically and in terms of anthropogenic drivers of change. For BBNJ, however, such challenges are far more complex due to the diversity of stakeholder communities and the diversity of resources involved, including fish and mineral resources with tangible economic values, marine genetic resources of unknown value, and the culturally-specific values attached to charismatic species and conservation in general. Drawing on lessons from UNFSA, it is argued that the establishment of marine protected areas (MPAs) under the BBNJ instrument would be particularly well served by a similar regional approach aligned with existing international agreements. In this regard, it is recommended that the capacity building under the new international instrument on BBNJ should focus inter alia on the secretariats of the regional fishery management organizations in order to enhance intra-regional and inter-regional cooperation and sharing of best practices.  相似文献   

11.
United Kingdom (UK) and European Union policy is rapidly developing to meet international targets for the sustainable use and protection of the marine environment. To inform this process, research needs to keep pace with these changes and research questions must be focused on providing robust scientific evidence. Thirty four priority research questions within six broad themes were identified by delegates who attended the 1st marine and coastal policy Forum, hosted by the Centre for Marine and Coastal Policy Research at Plymouth University in June 2011. The priority questions formed through this research are timely and reflect the pace and change of marine policy in the UK in response to international, European and national policy drivers. Within the data theme, the majority of questions seek to find improved procedures to manage and use data effectively. Questions related to governance focus on how existing policies should be implemented. The marine conservation questions focus entirely upon implementation and monitoring of existing policy. Questions related to ecosystem services focus on research to support the conceptual links between ecosystem services, ecosystem function, and marine management. Questions relating to marine citizenship are fundamental questions about the nature of societal engagement with the sea. Finally, the marine planning questions focus upon understanding the general approaches to be taken to marine planning rather than its detailed implementation. The questions that have emerged from this process vary in scale, approach and focus. They identify the interdisciplinary science that is currently needed to enable the UK to work towards delivering its European and international commitments to achieve the sustainable use and protection of the marine environment.  相似文献   

12.
The Asia-Pacific's Coral Triangle is defined by its extremely high marine biodiversity. Over one hundred million people living in its coastal zones use this biodiversity to support their livelihoods. Hundreds of millions more derive nutritious food directly from the region′s marine resources and through local, regional and global trade. Biodiversity and its values to society are threatened by demographic and habitat change, rising demand, intensive harvesting and climate change. In partnership with international conservation organisations and development funders, the governments of the region′s six countries have come together to develop the Coral Triangle Initiative (CTI) on Coral Reefs, Fisheries and Food Security. The CTI has explicit goals and defined targets for marine biodiversity conservation, but not for the food security of the region′s marine-resource dependent people, despite this being the wider aim used to justify conservation action. This article suggests how the food security aim of the CTI could be made more explicit. It outlines the complex pathways linking marine biodiversity with food security and argues that improved social science analysis, inter-sectoral policy and management interactions are necessary if conserving marine biodiversity is to contribute towards meeting food security challenges in the region.  相似文献   

13.
In the Mediterranean Sea, socio-economic drivers may accelerate the process of exclusive economic zone (EEZ) declarations. Despite the challenges, the EEZ declarations may provide important opportunities for leveraging change to national policy towards the development of large-scale conservation of marine ecosystems and biodiversity in this zone. Using the Mediterranean Sea as a case study, we aim to highlight a set of best practices that will maximize the potential for the development of large-scale marine conservation initiatives. These include a range of approaches, such as using surrogates to fill the many biodiversity data gaps in the region, further the development of consistent and open access databases, and the utilization of technological developments to improve monitoring, research and surveillance of less accessible and under-explored marine areas. The integration of Mediterranean-wide and local conservation efforts, the facilitation of transboundary collaboration, and the establishment of regional funds for conservation will further enhance opportunities for marine conservation in this region.  相似文献   

14.
Marine genetic resources are a subject of a growing body of research and development activities, as demonstrated by the abundance of marine patented genes reported in GenBank. Given the lack of a comprehensive legal regime for the management of marine genetic resources in areas beyond national jurisdiction, the General Assembly of the United Nations met in 2006 to discuss whether there are regulatory or governance gaps and how to address them. Besides the crystallization of the different political positions, the process is now advancing towards making a decision about whether to develop an international instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity, within which the regulation of access to genetic resources and the sharing of benefits from their utilization has emerged as an in-dissociable issue. In order to propose concrete options to be considered for the establishment of a legal framework addressing these issues, policy-makers need to better understand the feasibility, the costs and the modalities of scientific activities undertaken, together with the actual level of commercialization of new products. They also need to be aware of the already advanced practices in place within the scientific community, especially regarding sharing of non-monetary benefits. This paper particularly highlights and discusses practical scenarios to advance in the international process, based on the approaches adopted in other regional and international regimes for the management of genetic resources and on the best practices developed within the scientific community.  相似文献   

15.
It is increasingly accepted that humanity’s unsustainable use of the marine environment is causing the degradation of the very marine ecosystems it relies upon. This awareness had led to the generation of a significant number of international agreements and conventions aimed at improving marine management and conserving marine ecosystems. In the European Union, this has resulted in the evolution of an extensive array of environmental legislation and policy. In addition, the United Kingdom and its devolved regions have been developing their own policies and legislative tools to advance marine conservation and management. Party to all of these tiers of governance, Northern Ireland has made numerous international, regional and national commitments to protecting and restoring marine ecosystems. Here those commitments are explored in terms of the local political, administrative and governance reality in Northern Ireland. A complex governance structure and lack of interdepartmental co-operation is shown to severely hinder Northern Ireland’s ability to meet stated commitments. Underfunding and lack of political will also seriously hamper conservation efforts. Findings indicate that the integration of all marine management functions into a single marine management organisation would greatly facilitate Northern Ireland’s progress and that the development of an ecologically coherent network of marine protected areas would go a long way towards fulfilling its conservation commitments. This case study demonstrates some of the hurdles small nations face in meeting their responsibilities under regional and international agreements and highlights the gap between a nations conservation commitments and its successful implementation of policy to fulfil them.  相似文献   

16.
One of the main challenges of international environmental agreements is improving relevant policy actions to promote adequate environmental responses. To support the work of decision makers, recent studies have used environmental and social indicators to construct global and regional-scale indices. This study aimed to use the Ocean Health Index and the Management Ranking for Brazilian States to assess Brazil’s performance regarding the Aichi Biodiversity Targets (ABTs) for coastal and marine ecosystems. Thus, six ABTs were matched and their performance was evaluated. These ABTs focused on the following topics: pollution, fish and invertebrate stocks, pressures on coral, threatened species and their conservation, the contribution of biodiversity to carbon stocks and the national biodiversity strategy and action plan. However, although the indices used showed many pathways to explore how Brazil is performing, it is still complex to evaluate ABTs’ performance regarding coastal and marine ecosystems at a global and regional scale.  相似文献   

17.
Over the past two decades profound changes have taken place in the European Union's (EU) fisheries policy. Partly these changes have occurred within the EU's Common Fisheries Policy itself, but partly policy change has been effected by the application of environmental legislation and policy instruments to fisheries issues. This article argues that the process of policy change in EU fisheries policy can best be understood in terms of the interaction of policy images and policy venues that is at the core of the punctuated equilibrium theory of policy-making. As a result of the rise of a biodiversity perspective on fisheries issues, environmental policy-makers have become active in fisheries issues, which has led to profound changes in both the content of fisheries policies and the institutional organisation around this issue area.  相似文献   

18.
The conservation of marine biological diversity has been identified as a crucial issue in need of legal regulation. The UNCLOS does not sufficiently address all issues relevant to viably conserve biological diversity. Legal developments concerning marine genetic resources, area-based management tools such as marine protected areas, environmental impact assessment and capacity building are being discussed as elements of a new implementing agreement. In particular, more precise legal rules concerning marine protected areas beyond national jurisdiction are needed to supplement the frame left by UNCLOS. As concerns the issue of access to genetic resources and the sharing of benefits the UNCLOS regime has gaps because the relevant activities had not been foreseen at the time of the convention's adoption. Divergent views exist as to whether the concept of the common heritage of mankind should be extended to genetic resources.  相似文献   

19.
This paper provides an opportunity to examine the involvement of English Heritage in the development of policy and practice with particular regard to how archaeology and features of historic interest are addressed under national legislation, international conventions and EU law. In this paper we provide an explanation of action taken to support conservation, understanding and enjoyment of the historic environment, such as those sites that are legally protected as historic shipwreck sites, and other features that comprise the historic environment, but which are recognised and protected through other legal mechanisms e.g., military vessels and aeroplanes. It is apparent to us that when considering the management agenda for the marine environment attention is also given to archaeological material that predates tidal inundation, as well as the subsequent legacy of maritime activities. To support this approach we examine how the historic environment is defined and included in objectives, policy and law, such as the Marine and Coastal Access Act 2009, as well as other European or international programmes to promote marine policy and spatial planning. In the years since the National Heritage Act 2002, and the empowerment of English Heritage to support marine projects, we assess the production of explanatory statements and guidance to inform protection in recognition of how change may affect historic environment features. In addition, it is apparent that extensive development is now taking place further offshore (e.g., renewable power projects) and we direct attention at how English Heritage's role is affected by legally defined maritime territorial limits that dictate interpretation of what the marine environment comprises and how such limits influence regulatory controls placed on the management of cultural heritage.  相似文献   

20.
An inherent tension exists between legal approaches to nature conservation and fisheries management in the European Union, as the former remains the remit of Member States while the latter is under the exclusive legislative jurisdiction of the European Community (EC). This tension is of particular importance when addressing the conservation of habitats or species that are under threat from fishing activities. This article examines recent developments in offshore marine conservation in the North-East Atlantic in light of the legislative developments and political frameworks that are currently evolving. By analysing the emergency closure of the Darwin Mounds area of cold-water corals and the UK pair-trawl ban, it becomes evident that the precautionary principle is a key factor in the tension between fisheries management and marine nature conservation, and is not always taken into account.  相似文献   

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