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Governance and Enforcement are Critical to Managing Oceans. Giselle Samonte 5 October 2010 Arlington, Virgini a. The ocean and coast are under increasing stress. • More people are living along the coast. • Fishing pressure is intensifying, but fish catches have reached plateau worldwide. - PowerPoint PPT Presentation
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Governance and Enforcementare Critical to Managing Oceans
Giselle Samonte
5 October 2010Arlington, Virginia
The ocean and coast are under increasing stress• More people are living along the coast.• Fishing pressure is intensifying, but fish catches have reached plateau worldwide.• Changes in land use are causing runoff of pollutants into the ocean.
Sustainable Development
Unsustainable Development
People depend on the ocean ecosystem• Food security• Recreational opportunities• Shoreline protection• Climate regulation
• Transportation• Medical and engineering resources • Provision of energy (fossil fuel, wave, tidal, wind)• Regulation of waste and sediment
Marine managed areas (MMAs) are part of the solution• MMAs are multi-use, ocean zoning schemes• Often have subareas with different purposes such as no-take areas, buffer zones, and areas for specific uses.
Governance is key to managing oceans
Promotes inter-agency coordination
NEW LEGAL FRAMEWORK FOR THE COIBA NATIONAL PARK
Parque NacionalLey No. 44 de 26 de julio de 2004
Consejo Directivo
Autoridad Nacional del Ambiente (ANAM)Autoridad Marítima de Panamá (AMP)
Comisión de la Zona Especial
2,700 km2
1,708 km2
Comité Científico
Plan de Manejo
Voting Rights
CENTAL GOVERNMENT
LOCAL GOVERNMENT
PRIVATE SECTOR
1. Autoridad Nacional del Ambiente (ANAM)
2. Ministerio de Gobierno y Justicia (MINGO)
3. Instituto Panameño de Turismo (IPAT)4. Secretaria Nacional de Ciencia,
Tecnología e Innovación (SENACYT)5. Autoridad Marítima de Panamá (AMP)6. Universidad de Panamá, Santiago
(CRUV)7. Alcalde de Montijo8. Alcalde Soná9. Rotativamente los Representantes de:
Río de Jesús, Las Palmas y Mariato
10.Cámara de Comercio Veraguas11.Sector pesquero12.Organización no Gubernamental (ONG)
NEW GOVERNANCE FOR THE COIBA NATIONAL PARK
Enforcement better
Belize -Reduced pressure on resources, withdrawal of fishing licenses from non-local fishers, diversification of livelihoods from fishing to other economic activities
Fiji – no more illegal fishing
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Challenges may arise when implementing MMAs
• Loss of access to fishing grounds
• Inequitable benefits
• Dependence on project assistance
• Unmet expectations
How can these challenges be addressed?
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Solutions for successful MMAs• Benefits exceed costs
• Shared benefits
• Livelihood options improved
• Strong community participation
• Accountable management style
• Supportive local government
• Enabling legislation
• Rules enforced
• Empowerment and capacity building
• Strong, persistent leadership
• External agents involved
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Law Enforcement Analysis in the ETPS Countries(Columbia, Costa Rica, Ecuador, Panama)
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ObjectivesDetermine the critical points and weaknesses in
the law enforcement system in the ETPS countries as well as the factors/causes that drive such situation
Outline the activities and measures that could strengthen law enforcement at local and national levels
Define actions for implementing the recommended actions/measures both at national and regional levels.
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Law Enforcement as a System
Community, Local Governments and Stakeholders’ Commitments
Education & Outreach
Regulatory Framework
Inter Institutional Efforts / Activities Efficiency
L.E. Capacity
y
Scenario: Area, Budget, etc.
Personnel, Enough, Competent Assets: Adequate,
Enough, Available?
Surveillance
Detection
Arrest
Sancion: Admin o Judicial
Field Operations“Hard
Techniques”
Prosecution
“Soft Techniques”
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Law Enforcement Chain
The Chain is as strong as its weakest link
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External Threats
OVER USE of visiting sites Pressures over NO TAKE Zones
Illegal fishing within the MPA and nearby EEZ without control
Oil Spills, disposal of garbages and efluents
Piracy, Contraband and drug traffic
Nearby real estate developments
Use of sands from beaches
Use of predatory fishing gears/techniques within the
MPA
Within MPAs out of control fisheries: Over exploitation of species and areas
Mangroves destruction
Illegal Capture & Trade of marine species
Increasing Maritime/Aerial Activity (Tourism + Logistics driven) = Risk of invasive species
introduction
Marítime Tráffic routes
Key Factors: Poverty, lack of education and commitments from local communities. Locals do not feel or perceive they are beneficiaries from MPA mgmt. MPA not an option for long term developmentWeak Marine Environmental Governance: Inter Institutional interferences, overlapped regulations, ineffective judicial system (high impunity rate)
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Internal Factors/ProblemsOudated / insufficient Regulations. Must evolve to cover new activities within or nearby MPAs (cargo & oil transportation, passing trafic, underwater tourism, etc.)
Poor or inexistent boats maintenance capacity
Park wardens and Coastguard officers with none or weak marine conservation training or competences.
Insufficient and poorly paid park wardens
High rotation rate in Coastguard personnel
Authorities mutual interferences (fisheries vs. Maritime vs environmental authorities vs. Environmental Police)
MPAs head officers lack of financial/administrative/jurisdictional autonomy
Inadequate or insufficient assets to cope operations
Absence of marine resources monitoring and inter regional management (for migratory species)
Lack of appropriate scientific base for Regulatory and Law Enforcement decision making
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Strengths Colombia, Costa Rica and Ecuador with formal and active presence of Coastguard within MPAs and&or agreements with Environmental Police
Several NGO’s commited and actively involved in Law Enforcement issues: MarViva, Fundacion Malpelo, Conservation International, WildAid, WWF, Sea Shepherd.
Growing MPAs (terrestrial, marine and underwater) tourism industry with firm interest in conservation.
There are already several successful examples of local governments, communities and enterprises possitively involved in MPAs sustainable activities (Malpelo, Costa Rica, Galapagos).
International concerns and support (Goverments, miultilaterals, organizations)
Cost-effective investments with direct impact on MPAs preservation: re use of assets from Police and Coastguard.
Galapagos and Colombia MPA Directors with certain levels for acting as judges
Outreach programs available in all MPAs with external support
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Recent assets and technological improvements:
Colombia commissioned 1 oceanic patrol vessel for Malpelo and a second one is on the eve of commissioning for operating within Gorgona MPA.
Galapagos implemented VMS control on ships over 20 Gross Tonnes and a floating-radar outpost barge at Wolf Island.
Costa Rica commissioned one fast patrol boat to operate around Cocos and improved operational agreements with MarViva
Strengths
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Regional Weak LinksExtremely low boats availability
Absence of control at cargo/persons interfaces: Ports, airports.
Very limited use of technology for surveillance
Poor and loose coordination between Law Enforcement chain activities.
MPA Directors with very limited sanctioning empowerment.
Very poor, inexistent, overlapped or disperse Marine Legal Framework at country levels. IMO regulations appear as much more adequate and defined. Sanctions do not reflect the cost of damages.
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Examples of judicial efficiency on MPA processes:Costa Rica: 2 out of 70 processes opened within the last 10
years reached a sentence.
Ecuador: Administrative sanctions are priioritized over judicial proceedings. Over 44% of those cases are lost. Monetary sanctions in administrative cases are extremely low (below US$4,000)
Panama: Average time span for administrative processes to reach sanction is 4 to 21 months. For judicial cases it takes over 2 years.
Colombia: 1 to 3 years (for industrial fishing vessels), 15 days to 5 months (artisanal fishing boats)
Regional Weak Links
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Courses of Action
When budget limitations are severe, strategies should focus on soft techniques, technology in surveillance and fluent administrative proceedings.
IImprove MPA management: Quarantine procedures, financial independece over critical operational issues such as boat maintenance, improve salaries or at least per diems when wardens are on field operations, functions and procedures manuals, park wardens qualification courses and follow on training .
IInter institurional coordination: Reach agreements (on the operational level) with fisheries and maritime authorities as well as environmental police. Recurrent yearly training for field officers of those entities on MPA law enforcement operations. Complement park wardens crew with coastguard and/or police personnel.
Surveillance and Detection Efficiency improvement: Implement technological solutions such as electronic/remote vigilance ones, review the adequacy of some boats (endurance and speed are of outmost importance), extend surveillance beyond MPAs (create buffering zones and enforce EEZs)
.
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Results: Boats Maintenance Supported by NGOs
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Enforcement
MMAs secure economic values of oceans
Results from economic valuations of MMAs in Panama and Belize:
Distribution of benefits
Coiba National Park, Panama
Gladden Spit and Silk Caye Marine Reserve, Belize
Nationals: Nationals:
Foreigners: Foreigners:
Willingness to Pay
Gladden Spit and Silk Caye Marine Reserve, Belize
Coiba National Park, Panama
Coiba National Park, Panama
Actual fee
Willingness to pay
Actual fee
Willingness to pay
5
0
10
15
20
25
30
5
US
$
Both nationals and foreigners benefited economically from MMAs.
Visitors are willing to pay significantly more than the current entry fees charged at these parks.
Local outreach is vital but usually underfundedAnalysis of 8 MMA sites in Central and South America: • Enforcement received a large proportion of expenditures at every site (13% to 37%).• In most cases, outreach received a small proportion of total expenditures.
Current MMA funding is insufficient
• Worldwide, managers and decision-makers are constantly seeking more funding for MMAs.• Analysis showed that MMA budgets are very low compared to the value of the MMA resources.
Outcomes & Outputs = The effects of MMAs!
Ecological
Socioeconomic
Governance
Objectives:• Determine ecological, socioeconomic, governance effects• Identify critical factors for success and timing• Predict effects for new MMAs…
time
Pre-MMA established
nowMMA established
Global MMA Effectiveness Analysis of field-gathered data from 15 sites:
Vietnam, Philippines, Africa, Belize, Fiji
Socioeconomic Livelihoods Food security
Governance Resource use conflicts Participation Compliance
Ecological Abundance of “ecological engineers” Biomass of extractable species Resilience post-trauma Biodiversity
Conditions:
Enabling policies/legislation; External agents involved Appropriate scale/defined boundaries; Leadership;
Empowerment, capacity building; Community organizations; Long term support of local government;
Participation by those affectedConflict management mechanism; Clear objectives; Adequate financial resources; Management rules enforced Decentralization/delegation of authority; Group homogeneityEquity - shared benefits among participantsEquity - Successful alternative livelihoods Perceived crisis; Life history characteristics of key speciesFunctional redundancy within the ecosystemTrophic structureHabitat characteristicsIncidence of stormsOutbreaks of disease or harmful algal bloomsFrequency and degree of coral bleachingImpact of land use and human activities on habitat/water
qualityCharacteristics of fisheries
MMA Effects:
IndicatorsIndicator variable (instrument); levels reported before and after
the establishment of the MMA
Level of conflictPerception of conflict Police records
ParticipationPerception of participation
CompliancePerception of complianceReported violations
MPA monitoring/Ecogov…
Questions for you…
Consider your MPA,
1. What are the strengths and weaknesses of the legal framework and its compatibility with existing management plans? 2. What are the soft and hard measures of law enforcement in your MPA? Are they effective? Why? Why not? 3. What are the weaknesses of the law enforcement system and what actions should be taken to improve overall effectiveness of programs?