Download Guidelines and Designation Framework for Marine Protected Areas

Guidelines and Designation Framework for
Marine Protected Areas
Marine Protected Areas
1
2
3
4
5
6
7
8
9
10
11
Marine Protected Areas - Introduction ........................................................ 3
Policy background ....................................................................................... 5
Marine Protected Areas (MPAs) – definitions and categories .................... 9
MPA objectives.......................................................................................... 11
Selection of MPAs ..................................................................................... 13
Zoning and zoning boundaries within MPAs ............................................ 15
Designation process ................................................................................... 17
Management plans ..................................................................................... 19
Scheduling within MPAs ........................................................................... 21
Management Committee ............................................................................ 22
Bibliography .............................................................................................. 23
Appendix
Appendix
Appendix
Appendix
Appendix
1:
2:
3:
4:
5:
MPA Designation Process ......................................................... 25
Policies listed in the Structure Plan ........................................... 26
Objectives of MPAs and SPAs .................................................. 28
Selection Criteria for SACs ....................................................... 29
Coastal areas protected under current legislation ...................... 32
2
Marine Protected Areas
1 Marine Protected Areas - Introduction
1.1
The importance of protecting marine resources was first given formal
international recognition in 1958, through the Geneva Conventions on the Law
of the Sea1. The impetus towards the establishment of a mechanism for the
initiation and implementation of an integrated approach to manage marine
living and non-living resources was provided by the United Nations
Convention on the Law of the Sea (UNCLOS) adopted in 1982.
1.2
Initially, protection of marine areas focused on the conservation of living
resources (particularly those of economic value), together with control and
prevention of marine pollution. The concept of sustainable development, as
formulated in Chapter 17 of Agenda 212, promotes an integrated approach
towards the protection of the marine environment, recognising that the
protection of species requires the protection of habitats, and management of
the activities that affect them.
1.3
An organisation that contributed significantly to the development and
implementation of efforts related to the protection of the marine environment
was the IUCN3, which launched its first marine programme in 1985; since
then, a global network of Marine Protected Areas has been established.
1.4
Experience overseas has shown that intensive exploitation of marine resources
in the absence of appropriate management, has led to environmental
degradation; the resulting consequences of overexploitation have included the
collapse of fisheries, or impacts on the tourism industry. The economic
potential of natural resources is dependent on their quality and is consequently
damaged by environmental degradation.
1.5
The limited land resources and high population density of the Maltese Islands
have made the coastal zone, together with the contiguous marine area, a focal
point for resource use conflicts. Apart from its intrinsic value and importance
as part of our natural heritage, marine biodiversity and habitats are of high
economic value and significantly affect the quality of life. Some areas within
Maltese coastal waters are still pristine; however, the marine environment
present in other areas is degraded. Consequently, the absence of protected
marine areas within Maltese waters may have serious economic and social
consequences unless measures are taken to remedy this deficit.
1.6
The concept of protected areas in the marine environment is consistent with
the fundamental goals of the Structure Plan for the Maltese Islands (1990), i.e.
resource management and protection. Thirteen Structure Plan policies deal
specifically with Marine Conservation Areas (MCAs); these aim to preserve
marine areas of critical importance, thereby creating a sound basis for the
1
These included four conventions: the Convention on the Continental Shelf, the Convention on the High Seas, the Convention
on Fishing, and the Convention on the Conservation of the Living Resources of the High Seas.
2
As adopted in the United Nations Conference on Environment and Development (1992).
3
World Conservation Union, formerly known as the International Union for the Conservation of Nature
3
Marine Protected Areas
sustainable exploitation of their resources. The Structure Plan provides the
basis for the establishment and management of Marine Conservation Areas.
1.7
The adoption of a systematic and coordinated approach to the protection
of marine areas is essential. Ad hoc initiatives lacking this approach may
result in the failure of initiatives; this will not only be counterproductive
with respect to the objectives of the individual initiative, but will
prejudice the viability of future efforts.
1.8
Marine protected areas have not been designated to date in the Maltese
Islands, due to the lack of information on the marine environment and lack of
financial resources for data collection and site management. Data gathered to
date consists of natural resource surveys for Local Plans; surveys carried out
as part of EIAs, and other academic data collection initiatives. The collection
of new survey data on marine benthic habitats is presenting a clearer picture of
the current situation, allowing the formulation of guidelines that cater for the
protection and management of Maltese waters.
1.9
The purpose of these guidelines is to provide a strategic framework for the
establishment of a systematic approach towards Marine Protected Areas and
their designation in the Maltese Islands without prejudice to any legislation
that may be enacted.
1.10
These guidelines set out the step-by-step process for the designation of MPAs,
including:
1.11
•
Data collection
•
Data Analysis
•
Zoning within the MPAs
•
Designation of MPAs
•
Management of MPAs
These planning guidelines are to be reviewed by the Malta Environment and
Planning Authority (MEPA) within five years from their approval.
4
Marine Protected Areas
2 Policy background
10.1
The main legal instruments calling for the protection of marine habitats and
biodiversity within the Maltese Islands are the Environment Protection Act
(2001) and its subsidiary legislation, the Development Planning Act (1992)
and the Structure Plan and the Fisheries Conservation and Management Act
(2001). Other legal documents, such as the Malta Maritime Act (1992) make
reference to protection of the marine environment against pollution. These
guidelines provide a platform where existing legislation and obligations may
be integrated.
Environment Protection Act
2.2
According to Part V, Section 9 (2) (k) of the Environment Protection Act
(2001), the Minister responsible for the Environment may in relation to the
protection of biodiversity:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
provide for the monitoring and management thereof;
declare any species to be a protected species and establish rules
for its protection;
declare any species to be an invasive species and establish rules
for its control;
regulate the use of and otherwise protect specimens of fauna or
flora; and in particular prohibit and, or, control possession,
exhibition, artificial propagation or captive breeding of such
specimens of flora and fauna as may be prescribed;
provide for the conservation, protection and management of
particular habitats or categories thereof in order to safeguard
biological diversity;
declare any areas or sites on land or in the internal or territorial
waters, or beyond such waters where Malta may have jurisdiction
for the purpose of the protection and control of the environment,
to be protected areas and to provide for their protection and to
regulate their management;
control and regulate any activity that may interfere with the
conservation status of biological diversity;
regulate trade in and the transit, import or export of specimens
of flora and fauna as may be prescribed.
Flora, Fauna and Natural Habitats Protection Regulations, 2003 (LN 257 of
2003)
5
Marine Protected Areas
2.3
This legal notice is concerned with the establishment of a National Ecological
Network of special areas of conservation having National or International
Importance. The legal notice aims to transpose the obligations of the Habitats4
Directive which call for the establishment of a European network of Special
Areas of Conservation (Natura 2000), composed of sites having the natural
habitat types and species listed in Annexes I and II to the Directive.
Additionally, in accordance with Article 3 of the Habitats Directive, the
network is to include Special Protection Areas classified under the Birds
Directive5.
2.4
In accordance with the Habitats Directive, Member States are required to
nominate sites to be designated as Special Areas of Conservation. Following
designation the sites will be subject to protection measures as provided by the
Directive to ensure that they will not be adversely affected by adjacent
activities.
2.5
Part III of this Legal Notice provides for the selection, designation and
management of such protected areas. It also calls for the Competent Authority
to issue guidelines for the management and conservation of protected areas.
Development Planning Act
2.6
Under the Development Planning Act (1992) Section 46,
“areas, buildings, structures and remains of geological, palaeontological,
cultural, archaeological, architectural, historical, antiquarian, or artistic or
landscape importance, as well as areas of natural beauty, ecological or
scientific value (hereinafter referred to as “scheduled property” )… are to be
scheduled for conservation…”.
The Amendments to the Development Planning Act (1997) extend the
jurisdiction of this Act to the marine environment.
2.7
The 1990 Structure Plan for the Maltese Islands acknowledges the urgent
necessity of protecting marine areas, due to ‘the mounting development
pressure all along the coastal zone’. The Structure Plan observes that the
United Nations Convention on the Law of the Sea provides the legal basis for
the management of marine resources, with Article 192 (5) charging
governments with the ‘obligation to protect and preserve the marine
environment’.
2.8
The Structure Plan acknowledges that various activities require the utilisation
of coastal and marine resources. These needs are to be recognised in the
formulation of a national representative system of marine protected areas that
4 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora
5 Council Directive79/409/EEC of 2 April 1979 on the conservation of wild birds
6
Marine Protected Areas
will incorporate different categories. Fourteen candidate sites are proposed as
Marine Conservation Areas; nevertheless, the need to include additional sites
is also recognised.
2.9
There are thirteen policies included in the Structure Plan, dealing specifically
with MCAs. They provide general guidelines with respect to the process of
development of MCAs (refer to Appendix A). The Structure Plan marine
conservation policies (MCO 1 to 13) require that:
•
•
•
•
•
•
•
•
areas of ecological importance, areas of archaeological importance,
and areas of international importance are given the required protection;
the approach to the designation of protected areas is holistic, and that
MCAs are contiguous with protected land areas where possible;
protected areas be categorised according to the level of protection
required;
appropriate data regarding site characteristics and issues linked to the
site be collected, and that such data be managed using Geographic
Information Systems (GIS);
the information gathered be used to direct site selection and definition
of boundaries, and ensure that (a) representative areas of all existing
marine and coastal ecosystems receive the required protection, and (b)
areas of high ecosystem diversity are given priority with respect to
protection;
traditional fishing activities be incorporated within the MCA system;
stakeholders and the public be consulted prior to the organisation of a
series of Marine Conservation Areas; and
a Management Authority for MCAs be established, to ensure the
preparation and implementation of detailed management plans, ensure
that they are designed and executed in a consistent manner.
Fisheries Conservation and Management Act
2.10
In accordance with Part III Section 4 (1) of the Fisheries Conservation and
Management Act (2001) the Director responsible for Fisheries shall be
responsible for a number of measures including:
•
•
•
•
•
Conservation of naturally occurring fish stocks
The protection of fish stocks from effects of pollution.
The development and management of fisheries
The regulation of the conduct of fishing operations
The taking of appropriate measures to safeguard against extinction of
protected species.
Specifically, article 38 (2) provides for:
(b) the conservation, management and protection of fish resources including
the establishment of closed areas and closed seasons, the prescription of the
7
Marine Protected Areas
limits on the amounts, sizes and weights of fish caught, retained or traded, the
prescription of mesh sizes of nets, the control and use of types of fishing gear,
the control and prohibition of methods of fishing and the protection of fish
stocks and their habitats from the actual or potential effects of pollution or
from the actual or potential effects of measures taken to eliminate or control
pollution; and
(c) the establishment and management of marine areas for the preservation of
fish stocks, including their means of sustenance.
All of these measures are significant to Marine Protected Areas.
International Legislation
2.11
The protection of the marine environment is also required by other
international agreements to which Malta is a contracting party. The main
international legal instrument addressing coastal and marine resources is the
Biodiversity Convention (CBD) adopted at the UN Conference on
Environment and Development in Rio 1992. Aiming to adopt a broad
approach to conservation, it requires Contracting Parties to adopt national
strategies, plans or programmes for the conservation and sustainable use of
biological diversity, and to integrate the conservation and sustainable use of
biodiversity into relevant sectoral or cross-sectoral plans, programmes and
policies (article 6). The establishment and maintenance of marine protected
areas for conservation and sustainable use is one of the main tools for attaining
the objectives of the CBD.
2.12
On a regional basis, the Protocol Concerning Protected Areas and Biological
Diversity in the Mediterranean (1996) under the Barcelona Convention calls
for the setting up of a regional system of Specially Protected Areas in the
Mediterranean.
8
Marine Protected Areas
3 Marine Protected Areas (MPAs) – definitions and categories
3.1
The 1990 Structure Plan uses the term Marine Conservation Area to refer to
those marine areas that require protection, or that are representative of the
variety of existing ecosystems. Numerous terms and definitions have been
adopted (by different organisations, and in different contexts) to describe sites
that fit this general description.
3.2
The term MCA tends to be used and/or understood in terms of strict
environmental protection where the emphasis is on restricting human activities
rather than management and sustainable development. Emphasis on an
environmental perspective is frequently perceived as being detrimental to the
interests of the various user groups found within the area. The resistance of
these user groups to the concept of a MCA is prejudicial to the success of its
implementation, as viable long-term site protection is only possible given the
cooperation of the user groups concerned.
3.3
The definitions most widely accepted (and are consequently those proposed by
the Structure Plan) are those given by the IUCN6 through its Commission on
National Parks and Protected Areas (CNPPA). The IUCN defines7 Marine
Protected Areas as follows:
‘Any area of 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.’
3.4
Structure Plan Policy MCO 9 states that all categories of MCA are to conform
to international categories. The term Marine Protected Area is being adopted
here, as the concept is perceived as being more flexible and ‘neutral’ in nature,
without compromising the environmental objectives.
3.5
A flexible system of categories/terminology is also required, to allow
achievement of local objectives, and to satisfy the requirements of the various
international agreements to which Malta is party. The system has to reflect the
national context, considering the high population density and the status of a
Small Island State. In particular, MPAs are to safeguard public use.
3.6
The IUCN has developed a list of six categories of MPA8, which is also
adopted here, that allow various levels of protection and/or management. The
following categories are described further in the following section:
6
7
World Conservation Union, formerly known as the International Union for the Conservation of Nature
Definition developed at the 4th World Wilderness Congress and adopted by the IUCN at its 17th General Assembly in 1998.
8
Objectives of MPAs as defined by IUCN are consistent with the objectives listed in the Protocol concerning Specially
Protected Areas and Biological Diversity in the Mediterranean, under the Barcelona Convention.
9
Marine Protected Areas
•
•
•
•
•
•
3.7
Strict Nature Reserve: Strict Protection
National Park: Ecosystem conservation and recreation
Natural Monument: Conservation of natural features
Habitat/Species Management Area: Conservation through active
management
Protected Landscape/Seascape: Landscape/seascape conservation
and recreation
Managed Resource Protected Area: Sustainable use of natural
ecosystems
All categories involve some degree of environmental protection, and
emphasise the importance of adopting sustainable methods of exploiting
natural marine resources.
10
Marine Protected Areas
4 MPA objectives
4.1
The overall objective of designating Marine Protected Areas is to protect and
improve the quality of the environment through area management,
consequently providing the means to improve the quality of life for those
making use of marine resources. The benefits would not be restricted to the
protected areas themselves; adjacent areas would also benefit through a spillover effect.
4.2
The objectives of MPA designation (listed in Appendix B) were developed by
the 17th General Assembly of the IUCN (1988). The key specific objectives
are:
•
•
•
environmental protection and preservation of essential ecological
processes and life support systems;
management of areas of socio-economic importance and sustainable
utilisation of natural resources; and
control of existing user conflicts.
4.3
The different categories of MPAs involve different degrees of environmental
protection, ranging from strict protection, to multiple use management. The
choice of management strategy depend on the characteristics of the site, the
natural resources that require protection, and the stakeholders that have an
interest in the management of the site.
4.4
The specific objectives of each category of MPA (or zone within an MPA) are
given below:
•
•
•
•
Strict Nature Reserve/Wilderness Area: The objective of this MPA
category is preservation of the site by designating it a strict nature
reserve/wilderness area. This may involve restricting or barring public
access to sites of critical importance, and introducing strict controls on
(or prohibition of) the exploitation of resources located there. This
strategy is applied in areas that are critical habitats of endangered
species.
National Park: The objective of this MPA category is the
conservation of ecosystems/habitats located in a given area. This
involves the designation of the site as a National Park, and involves the
management of the recreation activities carried out in that area, to
minimise conflicts with the natural environment.
Natural Monument: The objective of this MPA category is the
conservation of natural features located in a given area. This involves
the designation of the feature, and involves the management of the
activities carried out in that area.
Habitat/species management area: The objective of this MPA
category is the conservation of habitats or species in areas that are
significant in terms of biodiversity richness. This involves the
designation of a Habitat/Species Management Area, and the
management of activities within this area.
11
Marine Protected Areas
•
•
Protected landscape/seascape: The objective of this MPA category is
the conservation of landscapes and or seascapes.
Managed Resource Protected Area: The objective of this MPA
category is the conservation of habitats or species of economic
importance that occur within a given area. This involves the
management of activities within this area, according to the rules and
regulations imposed by the relevant Authority or Agency.
The Maltese population size and density are such that all marine
areas are currently being utilised, or are affected by human
activities. This implies that the sensitive application of the concept
of multiple-use management is required when designating MPAs.
Consequently, effective designation and management will involve
the use of zoning within the MPA i.e. different areas within the same
MPA may be designated under different categories and for different
uses, according to the characteristics of the site, and the management
objectives identified. [Zoning is discussed further in section 6.]
12
Marine Protected Areas
5 Selection of MPAs
5.1
To satisfy the objectives defined in the previous section, the following criteria
are to be considered during the selection of sites for designation as MPAs:
•
•
•
•
5.2
biological/ecological criteria
regional criteria
pragmatic criteria
social, cultural and economic criteria
Biological/ecological criteria: the areas chosen as MPAs should protect a
representative section of the entire region (i.e. Maltese coastal waters); chosen
areas must be sufficiently large and healthy to keep on functioning as an
integral unit. MPAs should also protect areas that are of particular biological
significance. These areas should include habitats that:
•
•
•
•
•
•
have a high biodiversity9 value in a small area;
have a restricted distribution;
are vulnerable;
have specialised biota, including endemics, rare or endangered species
and other species of scientific interest;
have a defined resource value, including areas of high productivity,
spawning areas and nursery grounds, and migratory stopovers and
bottlenecks; and
are representative of existing marine and coastal ecosystems
From a biological point of view, areas of conservation serve as a reservoir
of species that will (through natural processes) seed other areas that have
been degraded, or are intensively exploited.
5.3
Regional criteria: The establishment of MPAs requires evaluation in the
context of a larger network of MPAs on a regional level. The MPA should
apply the biogeographic concepts of ecological diversity as discussed by
ICSEM10 (1999), using an administrative framework consistent with national
and international programs.
5.4
Pragmatic criteria: prioritisation of areas having potential for designation as
MPAs is required. This prioritisation should be based upon the identification
of areas where action is urgently required to prevent irreparable degradation,
and recognition of the need for pre-emptive action to prevent environmental
degradation in pristine areas. The process of prioritisation should include the
evaluation of threats to which a site is subjected, and assessment of the
potential viability of the actual designation.
9
The term biodiversity here includes species diversity, ecosystem diversity and genetic diversity.
International Commission for the Scientific Exploration of the Mediterranean Sea
10
13
Marine Protected Areas
5.5
Social, cultural and economic criteria: the importance of sites to be
designated as MPAs should take into consideration their social and/or cultural
importance and the economic value of the resources present in the area. Such
areas include:
• areas of landscape/seascape importance;
• sites of archaeological/historical importance;
• areas of recreational importance;
• areas of importance with respect to the traditional exploitation of
coastal resources; and
• areas that serve as spawning areas/nursery grounds, migration stopover points and bottlenecks for commercially important species.
5.6
Ecological criteria should be given priority where:
•
•
•
the choice of ecological sites is restricted to a few critical habitats;
a habitat is of critical ecological/economic importance; or
a habitat is protected by international legislation to which Malta is
party.
5.7
Where there are areas of equivalent ecological value, priority will be given to
the marine area of higher socio-economic value. Management of socioeconomic activities will afford protection to the ecology of the exploited site.
5.8
Areas of cultural importance should be given priority where unique heritage
(including archaeological and historic heritage, and scenic landscapes) is
present in the area.
14
Marine Protected Areas
6 Zoning and zoning boundaries within MPAs
6.1
A site of ecological value cannot exist in isolation, but is a component of a
larger ecological frame of reference. Consequently, effective conservation
measures cannot afford to concentrate solely on a large number of small
and/or restricted protected areas. If a protected area is to retain its ecological
value, the area must be large enough for protection measures to be effective.
6.2
Protection is also required for areas that are in biotic or abiotic11 interaction
with protected areas. The area required as a buffer zone shall depend on the
type of activity outside the MPA, and the magnitude of the impacts present on
site. The transportation of species and pollutants by the marine medium must
also be considered when designating buffer zones.
6.3
The success of an MPA depends on the strategic use of zoning, which in
practical terms involves applying different levels of protection and use
categories to different marine areas. This aims towards striking a balance that
allows sustainable exploitation of natural resources, while respecting the
parameters required for long-term conservation.
6.4
An effective zoning strategy must take into consideration two main factors:
the biological characteristics of a site, and activities occurring on site and
in the surrounding areas. An example of such a strategy may be an area
requiring strict protection that is buffered by zones of other levels in which
specific managed activities are permitted, for example recreation or seasonal
fisheries. Zoning should:
i.
ii.
iii.
iv.
6.5
be simple and practicable;
follow (as far as possible) boundaries that have a clear geographic
demarcation;
minimise regulation of, and interference with, human activities unless
required by the site-specific objectives of the MPA; and
complement adjacent zones/dedicated areas and contiguous land areas
so that the transition between zones should not be abrupt.
The scheduled property in MPAs will be incorporated into specific zones that
will take into consideration the following:
•
•
•
6.6
Conservation and maintenance of biodiversity and habitats
Recreational activities (e.g. diving)
Resource utilisation (e.g. fishing)
Each zone will have a set of objectives that management activities should seek
to meet. As a general rule, the zoning scheme should consist of :
11
Biotic interactions are those interactions (within or between ecosystems) that have a biological basis; examples would include
food webs, predator-prey relationships etc. Abiotic interactions are those involving physico-chemical processes, for example
processes that contribute towards changes in water or sediment quality.
15
Marine Protected Areas
•
•
•
•
a core area in which the strictest protection measures will be
applied;
secondary areas in which lesser protection and less stringent
regulations will be applied;
a general purpose area in which little protection and few rules are
applied;
buffer zones encircling the entire MPA to protect the more
sensitive and more important regions from activities occurring
outside the MPA boundary.
16
Marine Protected Areas
7 Designation process
7.1
The identification of a network of core priority MPA sites according to the
criteria identified in section 5 is required, to ensure that MPA designation
fulfils the overall objective of protecting the marine environment, and to
identify areas where management is urgently required. This exercise, to be
undertaken by MEPA, shall include:
•
•
•
•
a review of the candidate MCAs identified in the Structure Plan;
the inclusion of areas not considered by the Structure Plan but that may
require protection or management;
a review of the landward boundaries of the candidate sites; and
proposal of seaward boundaries for the areas identified.
[N.B. MPA designation is a process related to but independent from the
identification of a network of core priority MPA sites.]
7.2
The designation of a MPA shall require:
•
•
•
•
•
7.3
data collection and evaluation including a literature search, field
surveys and consultation with experts and interested parties;
data analysis using map overlays or GIS to study site
characteristics/resources, uses, conflicting interests, etc;
data synthesis to establish the priorities and specific objectives of the
MPA programme, and to understand the interactions between the
different MPA components by grading them according to protection
levels;
zoning scheme to guide management objectives and activities; and
formulation of a management plan defining the means by which the
area specific objectives would be achieved.
The designation process for a Marine Protected Area shall consist of the
following:
i.
ii.
iii.
iv.
The formulation of a report regarding the proposed site12 for the MPA
shall be submitted for approval by MEPA.
Review of the MPA report. The review should consider the proposed
site with respect to the list of priority core sites, and analyse the
boundaries of the proposed site (in relation to the criteria identified in
these guidelines) and proposed zoning scheme.
The draft report together with any amendments is referred to the
MEPA Board.
Following any amendments proposed by the MEPA, the MPA is
approved subject to public consultation and published in the
Government Gazette.
12
The site may be either (a) a site identified as forming part of the core network of priority sites, or (b)
a site proposed by an agency or organisation.
17
Marine Protected Areas
v.
vi.
7.4
a)
Publicity through various media forms inviting
comments from all interested parties. This will
include an exhibition outlining the reasons for its
designation and the process involved in
designation.
b)
Discussions with the relevant Local Councils,
Government Departments and NGOs.
c)
A public meeting to discuss issues regarding the
designation.
Once the public consultation process has been completed any proposed
major changes will be reviewed, a final agreed report will be presented
to the MEPA Board for approval. Any amendments will then be
announced in the Government Gazette.
Following the designation of a MPA, other measures are required for effective
implementation. These include:
•
•
•
7.5
The public consultation will be undertaken immediately after MEPA
approval in partnership with the relevant Local Councils. The public
consultation will normally last for a minimum of 8 weeks (although
this can be extended by MEPA), and will include the following:
the formulation of a Management Plan;
Scheduling of important features; and
publication of Regulations under the EPA and/or the Fisheries
Conservation and Management Act
Appendix 1 illustrates the designation process within the context of a national
network of core priority MPA sites.
18
Marine Protected Areas
8 Management plans
8.1
Management plans are required for:
•
•
•
•
•
8.2
The management plans are to make specific reference to:
•
•
•
8.3
maritime traffic;
fishing activities;
swimming zones;
diving; and
other activities that may be identified as occurring within the area
during formulation of the management plan.
Management plans are to include details regarding:
•
•
•
•
•
8.5
existing and proposed scheduling of areas or property in the area;
zoning plans as described in section 6; and
the activities that are permissible (or otherwise) in the area and in each
zone
The plan is to identify the responsibility of the management of the various
activities that may occur within the MPA, and liase with the relevant
regulatory agencies to ensure efficient implementation of management
initiatives. Activities to be regulated should include:
•
•
•
•
•
8.4
the enactment of zoning regulations;
determination of the site’s carrying capacity;
site specific planning and regulation;
day-to-day management; and
review and revision of management plans and procedures.
the costs and time-frames involved in implementing the management
plan objectives, and sources of funding;
infrastructure required and human resources;
safety considerations and contingency planning where necessary;
details regarding facilitation/restriction of access; and
environmental monitoring.
Management plans shall be submitted for review. The formulation of these
management plans will incorporate a public participation process that will at
least include the following elements:
•
publicity through various media forms inviting comments from all
interest parties. This will include an exhibition outlining reasons
19
Marine Protected Areas
•
•
for designation of the MPA, the management plan, and the process
involved in designation;
detailed discussions with the relevant Local Councils, Government
Departments and NGOs; and
a public meeting to discuss issues regarding the designation.
8.6
The construction or deployment of any infrastructure, including wrecks, field
centres, interpretation centres and large scale research facilities will require
planning permission, and (where relevant) environmental impact assessment,
as required by the Development Planning Act (1992) and the Environmental
Impact Assessment Regulations (2001) or any other regulations enacted for
the Protection of Habitats and Species in accordance with EU Directives.
8.7
The management plans require approval from the MEPA Board.
Implementation of the management plans will require the formulation of a
management agreement between the site owner/s, the agencies/organisation
responsible for site management, and relevant regulatory agencies.
20
Marine Protected Areas
9 Scheduling within MPAs
9.1
The scheduling process under the Development Planning Act, will be made
applicable to the marine environment to protect areas of:
•
•
•
•
•
•
Biological or ecological importance: species and habitat types,
including habitats that are representative of all existing marine and
coastal ecosystems
Geological and Geomorphological importance
Cultural, historical, archaeological and palaeontological importance
Seascape and landscape counterparts
Ornithological importance
Aesthetic value
9.2
Levels of Protection within the scheduled marine areas shall be identified
according to the rarity and uniqueness of the habitats/species/features within
the Maltese waters. Buffer zones shall also be designated and these shall
constitute
areas
where
control
is
necessary
to
preserve
habitats/species/features in adjacent sites. Further information regarding the
status of the above-mentioned features is required in order to identify these
Levels of Protection.
9.3
Scheduled areas will require approval by the MEPA Board and will be
published in Government Gazette.
21
Marine Protected Areas
10 Management Committee
10.1
MEPA will ensure the implementation of these guidelines by delegating some
of the responsibilities to a management committee, to be known as the MPA
Management Committee.
10.2
The main objective of this MPA Management Committee is to oversee the
implementation of the framework for Marine Protected Areas. Considering the
multiple uses and the number of relevant legislation that call for the protection
of the marine environment, the management committee will have
representatives from the main institutional and research bodies as well as from
the main non-governmental organisations.
10.3
The MPA Management Committee will include representatives from:
•
•
•
•
•
•
10.4
Malta Environment and Planning Authority
Malta Maritime Authority
Department of Agriculture and Fisheries
Malta Tourism Authority
Malta University Research Groups
NGOs
Management Committee Objectives
The main responsibilities of this committee will include:
• to ensure a standard approach, including monitoring and
review, in all MPAs
• to ensure policy coordination between the administrative
institutions
• to ensure that MPAs are integrated in other national plans
• to ensure public participation
• to assess and evaluate individual management plans for
recommendations to MEPA Board
• to ensure stakeholder involvement in the preparation of
Management Plans
• to ensure implementation, monitoring and review of the
approved individual management plans
• to assist the MPA managers in the process
10.5
Proposals for the formulation, implementation and review of management
plans can be made to the MPA Management Committee by any interested
parties from both the public and private sectors.
22
Marine Protected Areas
11 Bibliography
De Fontaubert A.C., Downes D.R. & Agardy T.C. (1996) Biodiversity in the Sea –
Implementing the Convention on Biological Diversity in Marine and Coastal Habitats.
IUCN Gland and Cambridge (vii + 82pp.)
Development Planning Act (1992) To make provision for the planning and
management of development, for the establishment of an authority with powers to that
effect and for matters connected therewith or ancillary thereto. Act I of 1992 as
amended by Acts: XXI of 1992, XVI and XXIII of 1997, XXIII of 2000, VI and XXI
of 2001; Legal Notices 22 and 47 of 2002; and Act VI of 2002.
Environmental Impact Assessment Regulations (2001) Legal Notice 204 of 2001.
Environment Protection Act (2001) To protect the Environment. Act XX of 2001;
Legal Notice 257 of 2003.
Fisheries Conservation and Management Act (2001) To make provision for the
regulation, conservation and management of the fisheries of Malta and matters
incidental thereto. Act II of 2001.
Gubbay S. (ed.). Marine Protected Areas: Principles and Techniques for Management.
(1995) Chapman & Hall. xii +232pp.
IUCN Commission on National Parks and Protected Areas (1994) Parks for Life:
Actions for Protected Areas in Europe. IUCN, Gland, Switzerland and Cambridge,
UK; 154pp.
IUCN (1995) The Law of the Sea: Priorities and Responsibilities – a marine
conservation and development report. The World Conservation Union; 156pp.
Kelleher G.G., Bleakley C.J. & Wells S. (1995) A Global Representative System of
Marine Protected Areas. A report published by the Great Barrier Reef Marine Park
Authority, the World Bank and the IUCN.
PLANNING AUTHORITY Coastal Strategy Topic Paper (2001); v + 180pp.
PLANNING SERVICES DIVISION, MINISTRY FOR THE DEVELOPMENT OF
INFRASTRUCTURE Structure Plan for the Maltese Islands – Draft Written
Statement and Key Diagram. Beltissebh, Malta: Planning Services Division,
Government of Malta.
Schembri P.J. (April, 1994) Marine and Coastal Protected Areas in the Maltese
Islands: Reviews, Prospects and Proposals. United Nations Environment Programme
– Mediterranean Action Plan Regional Activity Centre for Specially Protected Areas
(RAC/SPA); 58pp.
23
Marine Protected Areas
Schembri P.J. (1999) Marine protected areas in the Maltese Islands: status and
problems. Scientific Design and Monitoring of Marine Protected Areas, CIESM
Workshop Series no. 8; p. 45-47.
UK Marine SACs Project (2000) Indications of Good Practice for Establishing
Management Schemes on European Marine Sites – draft for consultation. UK Marine
SACs Project, 45pp.
24
APPENDIX 1: MPA DESIGNATION PROCESS
MPA
Network Selection
Process
Data collection as a broadbrush baseline for
designation of an MPA
network.
Submission of MPA
proposal report for a
selected site
MPA
Designation
Process
Review of proposal report and zoning scheme
Legend
Task to be carried out
by MEPA
Approval and publication in Gazette
Data review and synthesis
Task to be carried out
by MPA management
committee
Public consultation
Review of zoning scheme
Selection of a network of
priority core sites for
designation as MPAs by
MEPA board
Task to be carried out
by organisation/entity
proposing designation
Final approval
Formulation of
Management Plan
Approval
Implementation
APPENDIX 2: COASTAL AREAS PROTECTED UNDER CURRENT LEGISLATION
Areas identified as Special Areas of Conservation under LN 257 of 2003 and
G.N. 877 of 2003
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Buskett-Girgenti Area
Il-Ballut (l/o Marsaxlokk)
Il-Ballut tal-Wardija (l/o San Pawl il-Bahar)
Il-Maghluq tal-Bahar (l/o Marsaskala)
Il-Maqluba (l/o Qrendi)
Is-Salini
Is-Simar (l/o San Pawl il-Bahar)
L-Ghadira Area
L-Ghadira s-Safra
L-Imgiebah/Tal-Mignuna Area
Ix-Xaghra tal-Kortin
Pembroke Area
Ramla Tat-Torri / Rdum tal-Madonna Area
Ta' Baldu/Wied Hazrun
Coastal Cliffs 1/8: Qammieh Area
Coastal Cliffs 2/8: Il-Majjiesa - Ras ir-Raheb
Coastal Cliffs 3/8: Rdum tal-Punent
Coastal Cliffs 4/8: Rdum ta' Ghar id-Dwieb
Coastal Cliffs 5/8: Dingli Cliffs Area
Coastal Cliffs 6/8: Rdum tas-Siggiewi
Coastal Cliffs 7/8: Wieb Babu - Ghar Lapsi Area
Coastal Cliffs 8/8: Rdum tan-Nofsinhar
Wied il-Mizieb
Ic-Cittadella
Dwejra-Qawra Area, inkluz Hagret il-General
Ghajn Barrani Area
Ir-Ramla Area
Xlendi-Wied tal-Kantra Area
Filfla
Kemmuna, Kemmunett, Il-Hagriet ta' Bejn il-Kmiemen u l-Iskoll ta' Taht
il-Mazz
Il-Gzejjer ta' San Pawl/Selmunett
Ta' Bloq Area / Wied Qirda
Wied Ghollieqa (l/o San Gwann)
Wied Harq Hammiem Area
In-Nuffara Area - In-Nuffara, Dahla tan-Nuffara, Tan-Nuffara.
L-Ghadira ta' Sarraflu (l/o Kercem)
Il-Gebla tac-Cawla
Il-Gebla tal-Halfa
Marine Protected Areas
Areas declared as Nature Reserves through the Environment Protection Act:
•
•
•
Act XV of 1988 Filfla Nature Reserve Act
LN 22/92 Fungus Rock
LN 25/93 Selmunett Islands (St. Paul’s Islands)
Various other Legal Notices deal with the protection of flora and fauna :
•
•
•
LN 146 of 1993 (as amended) The Protection of Birds and Wild Rabbit
Regulation
LN 203 of 2003 Marine Mammals Protection Regulations of 2003
LN 160 of 2002 Convention on Biological Diversity (Incorporation)
Regulations, 2002
Areas designated as Scheduled Property through the Development Planning Act:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Ta Qassisu, Mellieha (saline marshland)
Ir-Ramla tal-Bir, Mellieha (saline marshland)
Ramlet il-Qortin, Mellieha (saline marshland)
Il-Maghluq, Marsaskala (saline marshland)
Wied il-Mistra, San Pawl il-Bahar (saline marshland)
Il-Hofra, Mellieha (saline marshland)
Qalet Marku, Naxxar (saline marshland)
Is-Salini, Naxxar (saline marshland)
Il-Bajja ta’ Santa Marija, Kemmuna (sand dune and saline marshland)
Ir-Ramla tat-Torri, Mellieha (sand dune)
Dahlet ix-Xilep, Mellieha (sand dune)
Ir-Ramla tal-Mixquqa, Mellieha (sand dune)
Ir-Ramla ta Ghajn Tuffieha, Mgarr (clay slopes, sand dune and sandy
beach)
Ir-Ramla l-Hamra, Xaghra, Gozo (sand dune and saline marshland)
Il-Qammieh, Mellieha (Transitional Coastal wetland)
L-Ghadira s-Safra, Naxxar (Transitional Coastal wetland)
Il-Qaliet, San Giljan (Transitional Coastal Wetland)
Ghajn Klin, Ix-Xatt l-Ahmar, Ghajnsielem, Gozo (Transitional Coastal
Wetland)
L-Ghadira ta’ Sarraflu, Kercem, Gozo (Transitional Coastal Wetland)
Il-Qattara, Dwejra, San Lawrenz, Gozo (Transitional Coastal wetland)
Wied Musa, Mellieha (watercourse and valley)
Wied il-Bahrija, Rabat (watercourse)
Delimara Peninsula, Marsaxlokk (coastal cliffs)
Benghajsa Point to Qammieh Pt. (coastal cliffs)
E. Marfa Ridge (L-Ahrax), Mellieha (coastal cliffs)
Mgiebah, Xemxija, San Pawl il-Bahar (coastal cliffs)
E. Part of St. Paul’s Bay (coastal cliffs)
Pembroke (rocky shore, karstland, valley and marshland)
27
Marine Protected Areas
•
Minor Islets
Only two marine sites have been scheduled to date: Ramla Bay and Salina Bay, both
due to the presence of archaeological remains.
Areas protected by Structure Plan policy:
Policies RCO 35 to 37 make specific reference to the Qawra/Dwejra area in Gozo,
including the Inland sea, and Dwejra Bay. These are to be declared a National Park as
defined by the World Conservation Union, and proposed as a Natural World Heritage
site in terms of the Convention Concerning the Protection of the World Cultural and
Natural Heritage.
APPENDIX 3: OBJECTIVES OF MPAS AND SPAS
28
Marine Protected Areas
General management objectives of an MPA program as listed by the 17th General
Assembly of the IUCN (1988):
•
•
•
•
•
•
•
•
To protect and manage substantial examples of marine and estuarine systems
to ensure their long-term viability and to maintain genetic diversity;
To protect depleted, threatened, rare and endangered species and populations
and, in particular, to preserve habitats considered critical for the survival of
such species;
To protect and manage areas of significance to the life cycles of economically
important species;
To prevent outside activities from detrimentally affecting the marine protected
areas;
To provide for the continued welfare of people affected by the creation of
marine protected areas; to preserve, protect, and manage historical and
cultural sites and natural aesthetic values of marine and estuarine areas, for
present and future generations;
To facilitate the interpretation of marine and estuarine systems for the
purposes of conservation, education and tourism;
To accommodate with appropriate management regimes a broad spectrum of
human activities compatible with the primary goal in marine and estuarine
settings;
To provide for research and training, and for monitoring the environmental
effects of human activities, including the direct and indirect effects of
development and adjacent land-use practices.
The objectives listed in the Protocol concerning Specially Protected Areas and
Biological Diversity in the Mediterranean (SPABIM, 1996), under the Barcelona
Convention are to safeguard:
•
•
•
•
representative types of coastal and marine ecosystems of adequate size to
ensure their long term viability and to maintain their biological diversity;
habitats which are in danger of disappearing in their natural area of
distribution in the Mediterranean or which have a natural area of distribution
as a consequence of their regression or an account of their intrinsically
restricted area;
habitats critical to the survival, reproduction and recovery of endangered,
threatened or endemic species of flora and fauna; and
sites of particular importance because of their scientific, aesthetic, cultural or
educational interest.
APPENDIX 4: SELECTION CRITERIA FOR SACS UNDER EU HABITATS DIRECTIVE
29
Marine Protected Areas
Annex III to the EU Habitats Directive provides the criteria for selecting sites eligible
for identification of community importance and designation as special areas of
conservation. These include:
STAGE 1: Assessment at national level of the relative importance of sites for each
natural habitat type in Annex I and each species in Annex II (including priority
natural habitat types and priority species)
A. Site assessment criteria for a given natural habitat type in Annex I
(a) Degree of representativity of the natural habitat type on the site.
(b) Area of the site covered by the natural habitat type in relation to the total area
covered by that natural habitat type within national territory.
(c) Degree of conservation of the structure and functions of the natural habitat type
concerned and restoration possibilities.
(d) Global assessment of the value of the site for conservation of the natural habitat
type concerned.
B. Site assessment criteria for a given species in Annex II
(a) Size and density of the population of the species present on the site in relation to
the populations present within national territory.
(b) Degree of conservation of the features of the habitat which are important for the
species concerned and restoration possibilities.
(c) Degree of isolation of the population present on the site in relation to the natural
range of the species.
(d) Global assessment of the value of the site for conservation of the species
concerned.
C. On the basis of these criteria, Member States will classify the sites which they
propose on the national list as sites eligible for identification as sites of Community
importance according to their relative value for the conservation of each natural
habitat type in Annex I or each species in Annex II.
D. That list will show the sites containing the priority natural habitat types and
priority species selected by the Member States on the basis of the criteria in A and B
above.
STAGE 2: Assessment of the Community importance of the sites included on the
national lists
1. All the sites identified by the Member States in Stage 1 which contain priority
natural habitat types and/or species will be considered as sites of Community
importance.
2. The assessment of the Community importance of other sites on Member States' lists,
i.e. their contribution to maintaining or re-establishing, at a favourable conservation
status, a natural habitat in Annex I or a species in Annex II and/or to the coherence of
Natura 2000 will take account of the following criteria:
(a) relative value of the site at national level;
(b) geographical situation of the site in relation to migration routes of species in
Annex II and whether it belongs to a continuous ecosystem situated on both sides of
one or more internal Community frontiers;
(c) total area of the site;
(d) number of natural habitat types in Annex I and species in Annex II present on the
30
Marine Protected Areas
site;
(e) global ecological value of the site for the biogeographical regions concerned
and/or for the whole of the territory referred to in Article 2, as regards both the
characteristic of unique aspect of its features and the way they are combined.
31
Marine Protected Areas
APPENDIX 5: POLICIES LISTED IN THE STRUCTURE PLAN
The 14 candidate sites listed in the Structure Plan were identified by the Marine
Technical Report (1991); the latter was based upon an indicative infralittoral study
carried out by veteran scuba divers and underwater fishermen.
Policy MCO 1:
The following general vicinities are designated as candidates for the status of marine
Conservation Areas. Following further analysis, these and other possible areas will be
categorised and given protection accorded to defined categories:
Dwejra, Gozo
Qbajjar, Gozo
Ramla Bay, Gozo
Mgarr ix-Xini Bay, Gozo
Comino Island
Filfla Island
Cirkewwa
St. Paul’s Islands
Qawra Point
St. George’s Bay vicinity, Paceville
Outer Marsamxett Harbour
St. Thomas Bay to Delimara Point
Blue Grotto to Ghar Lapsi
South of Fomm ir-Rih Bay to Ras il-Wahx
Policy MCO 2:
The Planning Authority will, as far as possible, include marine archaeological sites
and structures within the boundaries of Marine Conservation areas. Access to
archaeological sites and wrecks will be strictly regulated.
Policy MCO 3:
A maritime Geographic information System will be established, designed to integrate
data related to coastal zone management and Maltese territorial waters.
Policy MCO 4:
The Planning Authority, in conjunction with the Secretariat for Environment, will
conduct an underwater survey of infralittoral ecosystems for the Maltese islands.
Policy MCO 5:
The Planning Authority will establish a national system of Marine Conservation
Areas within the shortest time possible but only after full consultation with interested
Government institutions, environment groups, maritime users resources groups, and
the general public.
32
Marine Protected Areas
Policy MCO 6:
It will be the policy of the Planning Authority to site, as far as possible, Marine
Conservation Areas contiguous with land based Conservation Areas. This will
guarantee the protection of the marine zone from any land activities likely to pose
threats to the marine environment and vice versa.
Policy MCO 7:
The system of Marine Conservation Areas will include representative areas of all
existing marine and coastal ecosystems as outlined in the infralittoral habitat survey.
Policy MCO 8:
Candidate sites for Marine Conservation Areas which exhibit a wide variety of
ecosystems and habitats over a relatively small area will be accorded preference
during the selection process. This will ensure greater ecological stability in the
protected area and offer greater scope for a wide variety of activities.
Policy MCO 9:
All categories of Marine Conservation Area will conform to international categories.
Policy MCO 10:
The Planning Authority will establish a priority list of all Marine Conservation Areas,
and rank sites by importance.
Policy MCO 11:
The traditional rights of fishermen to utilise resources is recognised. Wherever jobs
may be threatened, fishermen will be given first option for suitable jobs and services
related to site protection.
Policy MCO 12:
Marine Conservation Areas that benefit other nations or worldwide interests will be
designated, as for example where migrating species pass through or breed in a
particular coastal area.
Policy MCO 13:
A management authority for Marine Conservation Areas will be established, and
detailed management plans prepared and followed.
33