1	International Coastal Management Tools for successful regional partnerships and initiatives Dean Rusk Center June 13-14 2003 The Australian Experience in Establishing Marine Protected Areas Simon Woodley
2	Themes Legal Framework Establishment of Marine Protected Areas in Australia – a brief history and status report Emerging trends - Australia’s Oceans Policy Great Barrier Reef Marine Park – lessons of experience - Representative Areas Program
3	Australia’s EEZ
4	Legal Framework Political-legal context Federation 1901 Commonwealth is a “child of the States created with limited powers to act on behalf of the States” Commonwealth powers include Defence, foreign affairs, taxation etc Fisheries beyond 3 nm States powers include Environment eg national parks Land management Fisheries within 3 nm Marine protected areas?
5	Legal Framework UN Convention on Law of the Sea 1958-1982 provided the basis for Commonwealth sovereignty over the continental shelf to low water mark (States did not have prior claim to 3nm) obligations for environmental protection Commonwealth claimed power to low water - Seas and Submerged Lands Act 1973 High Court (1975) confirmed validity of S&SL Act this ruling provided the basis for the Great Barrier Reef Marine Park Act 1975 and many other Acts for maritime activities eg historic shipwrecks, crimes at sea, whale protection, sea dumping, sea installations….
6	Legal Framework Subsequent High Court decisions extended the power of the Commonwealth to legislate in areas of State responsibility using the “foreign affairs” power of the Australian Constitution Commonwealth signatory to international conventions and other international agreements eg UNCLOS, World Heritage, Biodiversity in the event of conflict Commonwealth law prevails over State law
7	MPAs in Australia Both Commonwealth and State responsibility intermittent and uncoordinated small areas for scenic beauty or fisheries habitat e.g Green Island 1938 More systematic since 1990’s e.g 1985 marine bioregionalisation concept accepted 1990 Commonwealth commitment to the establishment of a National Representative System of Marine Protected Areas 1996 National Strategy for Conservation of Biological Resources 1998 Guidelines for establishment of NRSMPAs 1999 Strategic Plan of Action for NRSMPAs
8	NRSMPA Goal 1990 “to establish and manage a Comprehensive, Adequate and Representative (CAR) system of Marine Protected Areas to contribute to the long term ecological viability of marine and estuarine systems, to maintain ecological processes and systems and to protect Australia’s biological diversity at all levels”
9	CAR Principles Comprehensive full recognition of all ecosystems at appropriate scales within and across each bioregion Adequate level of reservation to ensure ecological viability and integrity of populations, species and communities Representative marine areas for MPAs should reflect biotic diversity of marine ecosystems from which they derive
10	Large Marine Domains (11) Basis for marine regionalisation and establishment of NRSMPAs
11	Meso-scale regionalisation
12	Status of Australian MPAs 2002
13	Status of MPAs in Australia Network of highly protected sanctuaries being established but it is a huge task over 16 million km²and 60 000 km coastline need to consider CAR principles data poor or patchy States establishing small MPAs within 3nm emphasis on habitat or species protection with some access for recreation, limited fishing and collecting conservation NGOs emphasise maximising “no-take” zones whether in highly protected MPAs or multiple-use MPAs Commonwealth approach is at LMD scale through Oceans Policy implementation
14	Australia’s Oceans Policy “Promote ecologically sustainable development of the resources of our oceans and the encouragement of internationally competitive marine industries, while ensuring the protection of marine biological diversity”
15	Oceans Policy Goals To exercise and protect Australia’s rights and jurisdiction over offshore areas, including offshore resources. To meet Australia’s international obligations under the United Nations Convention on the Law of the Sea and other international treaties. To understand and protect Australia’s marine biological diversity, the ocean environment and its resources, and ensure ocean uses are ecologically sustainable. To promote ecologically sustainable economic development and job creation.
16	Oceans Policy Goals cont. To establish integrated oceans planning and management arrangements. To accommodate community needs and aspirations. To improve our expertise and capabilities in ocean-related management, science, technology and engineering. To identify and protect our natural and cultural marine heritage. To promote public awareness and understanding.
17	Regional Marine Plans mechanism for integrating sectoral activities within large marine ecosystems. management model not yet prescribed depends on State and stakeholder co-operation
18	Great Barrier Reef Marine Park Brief History “Management” Lessons learned Take-home messages
19	GBRMP History 1960’s – social change, increased public awareness and concern about marine issues, global and national environmental concerns (Carson, Ehrlich etc) increased awareness through SCUBA diving and underwater films crown -of-thorns starfish outbreaks 1975 IUCN conference on marine parks and protected areas Development emphasis by Queensland Government 1950’s and 60’s Agriculture and mining Oil drilling and limestone mining
20	GBRMP History cont. Oil spills 1960’s Santa Barbara, Torrey Canyon, Amoco Cadiz Oceanic Grandeur in Torres Strait extreme public concern rise of conservation movements “Save the Reef” campaign trade unions banned oil drilling rigs Royal Commission into Oil Drilling moratorium on oil drilling 1970 Federal Labor government elected 1972 - policy to establish a marine park in GBR
21	GBR Marine Park Innovative and unprecedented political response to public concern based on emotions, perceptions and values rather than hard science or facts demonstrating risk not a systematic bio-regionalisation approach bipartisan support in Federal Parliament but strongly resisted by State of Queensland town planning approach rather than national park approach
22	GBRMP Act 1975 established a Federal statutory authority with sweeping powers provided for co-operation with Queensland e.g in management established boundary of the GBR Region at low water mark provided areas to be declared as part of the GBR Marine Park (and regulations) removed threat of mining and oil drilling established the concept of a multi-use marine park
23	Mandate “protection,wise use, understanding and enjoyment” zoning plans as the main management tool public consultation required by law research education day-to-day management World Heritage Listing 1981
24
25	Managing the GBR? Conserving biodiversity through - management of people’s uses, expectations, values and impacts - coercion or persuasion Community support essential to long-term success social contract and political necessity Very little intervention in biological processes
26	Complexities of management management at spatial and temporal scales relevant to ecosystem and life cycle scales dynamic 3 dimensional ecosystem dynamic socio-economic system changing values and uses and ownership risk management approach needed adaptive management approach needed management as an experiment subject to verification? monitoring essential impacts and effectiveness baselines?
27	Connectivity Issues
28	Lessons of Experience Managing ourselves Managing uses and impacts e.g tourism water quality and coastal development fishing shipping day-to-day management and enforcement zoning as a management tool Meeting the conservation objective
29	Managing Ourselves
30	Zoning Plans Zones separate conflicting uses spatially General Use Habitat Protection Marine National Park (‘no-take’) Preservation (‘no-go’) Scientific research Activities in each zone specified: either “as of right”; or require a permit; or prohibited.
31	Zoning - lessons from the GBR zoning separates fishing from other activities; does not deal with tourism inadequate no-take protection of all bioregions boundaries hard to enforce technology creep for fishing and tourism has increased pressure on remote reefs does not deal with external impacts acceptable and understandable tool for the public
32	Tourism main commercial use A$4 billion p.a. 730 permitted operations (1500 vessels) range of nature based operations improved technology and different patterns of use competition and conflict
33	Changing tourism
34	Tourism New approaches tourism management plans for sites and activities Specific codes of practice for tourism segments eg cruise ships reduction in latency education and communication support moorings systems at sensitive sites reduced regulation and more co-operation increased user pays strategic review underway with industry
35	GBR Shipping ~7000 vessel passages ~ 2000 use the inner route 5-10% tanker movements Last 5 years ~190 incidents On average one vessel sinks every 2 months 4 major groundings in the GBR during the past 5 years
36	Shipping Changes 'Particularly Sensitive Sea Area' declared for shipping improved navigation and compulsory pilotage in most of the Inner Passage mandatory ship reporting system heavy penalties for groundings oil spill contingency and clean-up plans
37	Water Quality
38	Water Quality sources of pollutants are outside the Marine Park Zoning useless as tool 4 fold increase in nutrient input since European settlement reduction in inshore reef growth and coral reproductive success codes of practice poor
39	Water Quality Initiatives discharge targets for pollutants from agriculture now set through Reef Water Quality Plan (Commonwealth-State) sewage discharge standards set monitoring of pollutants and sediments and impacts on inshore reefs and animals encouragement of best practice farming engagement with Catchment Management groups – education and collaboration aquaculture regulation onshore
40	Managing fisheries
41	Fisheries Problems unsustainable trawling practices poor compliance dugong deaths from netting turtle deaths from trawling Latency State fisheries management Responses reduction in trawl effort by 15% buyout of licences Vessel Monitoring System risk Management and covert surveillance increased penalties compulsory BRDs and TEDs dugong protected areas and changes to netting practices
42	VMS
43	Meeting Conservation Objectives Problems Insufficient no-take areas Insufficient protection of non-reefal areas Zoning plan complicated and unenforceable Threatened species management eg dugong and turtle not adequate Irrelevant and untimely research information Responses Representative Areas Program rezone and simplify zones dugong protected areas and reduced netting regional scale management for dugong and turtle traditional hunting policies and co-management Cooperative Research Centre for the GBRWHA
44	GBRWHA is much more than just coral reefs …. Also includes: mangroves sandy & coral cays seagrass beds (shallow & deepwater) continental islands algal & sponge ‘gardens’ deep ocean troughs sandy and muddy bottom communities
45	Representative Areas CAR principles apply no-take zones increased from 5% to >30% across all bioregions 10 000+ submissions in pre-draft stage Draft Plan out for public review Final Plan by late 2003
46
47	Other lessons learnt from Australian MPAs Need well-defined objectives and monitoring to measure or judge outcomes MPAs will not instantly resolve all marine conservation issues each MPA model should be applicable to the local context – there is not one “right’ way of managing marine resources Management needs to be scientifically based, transparent and decision-making accountable to the community
48	Lessons learnt (cont.) The ultimate process of establishing MPAs is socio-political, but based on ecological and socio-economic considerations MPAs need to be embedded in complementary management regimes. Priority should be for a network of typical and representative reserves. Take an adaptive and risk management approach
49	Take home message
50