-MODULE 11-

MARINE PROTECTED AREAS -SPECIAL LEGAL CONSIDERATIONS FOR NATIONAL

FRAMEWORKS-

Exercise 1Thinking about the Regulation of Activities and Compliance and

Enforcement for MPAs

OBJECTIVES AND INSTRUCTIONS

Nature of the Exerciseo Knowledge-reinforcing exerciseo Large Group Exerciseo Factual Scenario/Generic Exampleo Legal Analysiso Discussion Forum

Purpose of the Exerciseo Build awareness of the kinds of activities that require regulation in the

marine context and the particular challenges posed to compliance and enforcement efforts.

o Provide Learners with an opportunity to practically use their knowledge.o Develop Legal drafting skills.

Structure of the Exercise (times are indicative, may vary according to audience and setting)

o Introduction by Educator (10 minutes)o Large group exercise (60 minutes)o Joint group discussion (30 minutes)o Consolidation by Educator (20 minutes)

Methodology/Procedureo Divide Learners into two groups.o Introduction to the Exercise - facilitated by pre-prepared presentation (10

minutes.) Explain the nature and purpose of the Exercise Briefly introduce and describe a generic factual scenario provided

of a fictional ocean area proposed to be declared a marine

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protected area (Annex A and accompanying map Annex B). Alternatively, the Educator may wish to select a real-life example of an ocean area from the region or situations of the Learners that is currently or potentially under consideration for designation as an MPA. Highlight that the generic scenario (or other example) provides the kind of information that normally needs to be considered when declaring any MPA and should be primary input for their analysis. This information includes the general state of health of the marine ecosystem, particularly sensitive areas needing protection, activities currently or potentially in the area, local community and traditional ties to the area; and threats from human activities, including illegal fishing.

Introduce the task – explain that the Government of Atlantis has assigned them the task of making recommendations on the regulatory framework for the proposed MPA in light of the factual scenario (or real example) provided.

Instruct the groups to read carefully through the factual scenario (or other example). Drawing from the knowledge conveyed in the Seminar Presentation, instruct the groups work together to discuss and offer recommendations, with particular consideration to the following:

which activities require regulation, how such activities might be regulated, what innovative measures could be put in place in terms of

legislation to implement an effective compliance and enforcement regime, and ensure collaboration across the many management needs and interests.

Emphasize that there is no one correct answer, but that there are some critical key aspects that will need attention in the designation, management, and implementation which they should try to identify as a group. Repeat again that the purpose of the exercise is to become familiar with how management challenges need to be translated into legal provisions specifically for MPA law, particularly taking into account the scientific gaps that need to continue to be filled on interactions between near-shore and deep-water areas and biodiversity in the marine environment.

Indicate that the groups will have about 60 minutes to complete the task and that they may use the pre-prepared common Worksheet (Annex C) (or make up their own) to record notes and recommendations. To facilitate their work, they should nominate a scribe to take notes and a rapporteur to report back to the group.

During this time, the Educator will rotate among the two groups to answer questions and stimulate discussion. The Educator will facilitate the work of the Learners by providing copies, as needed and useful, of any of the slides shown in the pre-prepared Presentation, and paper and pens/pencils.

o Joint group discussion (30 minutes)

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All Learners will then come back together as a group and both groups will present their recommendations (approximately 15 minutes each).

o Consolidation by Educator (15 minutes) The group presentations will be followed by a discussion, facilitated

by the Educator, of the activities that require regulation and the particular challenges for compliance and enforcement. The Educator may draw upon a pre-prepared Summary of Possible Responses for the generic factual scenario (Annex D) or generally highlight the most relevant issues if another example is used. If the generic factual scenario is used, the Educator may wish to provide a hard copy of Annex C and work through it systematically with the Learners.

Additional Notes for the Educatoro This Exercise is based on a fictional Case Study with a view to ensuring

that it remains universally relevant and contemporary.o The Educator may want to substitute the fictional Case Study with an

actual case study from their region/jurisdiction and, if so, the Educator would need to adapt the three Annexes accordingly.

o The Exercise is based on a fairly complicated fictional Case Study with a view to ensuring that it challenges Learners with a fairly high level of skills/expertise.

o The Educator may want to edit/simplify the fictional Case Study depending on the level of capacity and needs of the Learners and the specific goals of the seminar, and in this case the Educator would need to adapt the Annexes accordingly.

o Annex D provides a Summary of Possible Responses. It is important to remind the Learners that there is no one correct answer. The suggested responses highlight key areas needing attention through some regulatory means, and some legal mechanisms that facilitate compliance and enforcement. Learner analyses of the factual scenario (or alternative case provided by the Educator) may identify additional concerns, issues, or potential situations drawing also from their own experiences that are raised by the case and deserve special attention for regulation.

o Remind the Learners to keep in mind that the purpose of this exercise is to become familiar with how management challenges need to be translated into provisions on regulations, enforcement and compliance specifically for MPAs, taking into account the special features, threats, and scientific gaps in marine biodiversity and how land/coastal/marine areas interact, connect, and affect each other.

RESOURCES

Introductory presentation Generic factual scenario for a fictional ocean area in the country of Atlantis

proposed as an MPA (Annex A and accompanying map Annex B) Worksheet for Learners (Annex C) (optional)

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Summary of Possible Responses (Annex D)

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ANNEX A – FACTUAL SCENARIO

THALASSA ARCHIPELAGO OF THE COUNTRY OF ATLANTIS(An ocean area in the country of Atlantis proposed for an MPA)

Nature and biodiversity features of the proposed area: The nation of Atlantis has within its marine waters under national jurisdiction a group of several small islands called the Thalassa Archipelago which contains an exceptional array of natural and cultural resources of global significance. Its extensive coral reefs are home to over 7,000 marine species, one third of which are thought to be found only in the Archipelago. Many of this chain of islands and shallow water environments are important habitats for rare species such as the threatened green turtle and an endangered seal that is endemic to the region. The islands also serve as important habitat for millions of seabirds representing 20 species that breed and nest there. The land areas of the islands are home for 3 species of bird found nowhere else in the world. Several plants and animals known to occur in the area are listed by IUCN as endangered or threatened. These include several species of marine mammals, sea turtles, and terrestrial birds. This region is considered an endemic ‘hot spot’ important for global biodiversity conservation. Very little is known about the specific biodiversity, particularly of the deep water areas.

The area already includes two conservation areas managed by different agencies: the Sirena Coral Reef Reserve managed by the Atlantis Department of Protected Areas within the Ministry of Environment, and the Tane Atoll Wildlife Refuge important for its significant seabird colonies and managed by the Atlantis Wildlife Service within the Ministry of Fisheries and Agriculture. The Ministry of Cultural and Indigenous Affairs also wants to ensure long-term protection of several sacred and culturally significant sites, especially on Ceto and Ahti islands.

Scientists have recommended the western portion of the Thalassa Archipelago, a vast, remote, and largely uninhabited region of small islands, islets, and atolls, be declared a marine protected area (see proposed boundary on Map, Annex B). The purpose would be to provide long-term protection of the area’s significant biodiversity, ecological, scientific, cultural, and spiritual qualities. Scientists have advised that an ecosystem approach to management of the proposed area is essential.

Activities currently or potentially in the area: A number of activities currently occur or have potential in the area. Key activities are highlighted below:

Domestic hook and line fishing : Bottom fishing using a hook and line method has played a major role in the economy and culture of local and traditional communities for decades. Through self-regulation, the local fishing communities do not take precious coral or coral reef species because of traditional knowledge about their importance for sustaining the commercial fishery. Annual catch limits have been scientifically determined to keep the species sustainable and normally the annual harvest is below those limits.

Tourism : A fast expanding tourism sector made up mostly of small operators and individual entrepreneurs has activities in the proposed area. Most visitors are day-tourists coming by small boats to enjoy the beaches, do recreational diving on the reefs, or sport fishing. As tourism has increased, tour operators and fishing boat captains have started bringing tourists in large boats, anchoring off-shore because of the lack of docks or moorings, and bringing clients for snorkling

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or fishing sharks and other trophy fish, and this is an area of growth. There is only one small, seasonal tourism hotel/café facility for one-night stays currently on the largest island, Addonia. This facility is next to the Government’s biological research station (which also serves as a small visitor’s centre). Visitors and supplies come either by small boat which can tie up at the local dock or by small seaplane which can land at a nearby airstrip on the island.

Sand mining : Presently there is no regulation of sand mining, a coastal activity associated with development. The current method is to load small boats with buckets of sand using manual labour and then transporting the sand to larger barges anchored nearby. The sand is used for both construction on the mainland, and for renourishment and maintenance of the small coastal airstrip on Addonia.

Cruise ship visits : Cruise ships pass by the area but only one small cruise ship is authorized to stop each year at Addonia because it can fit at the existing dock. The cruise ship industry is putting pressure on government to increase cruise ship visits which would require refurbishing and lengthening the existing dock, or constructing a new state-of-the-art dock for large cruise ships. Installation of such a facility would require dredging a deep channel, removing millions of cubic meters of coral and associated material, with sediment impacts likely on surrounding corals and destruction of beach and wildlife habitat.

Scientific research : Several vessels are engaged in research activities in the

proposed area. These include a government vessel, internationally-supported research vessels doing biological, physical, and chemical studies, and private sector vessels testing for mineral and bioprospecting possibilities.

Threats : Despite their remote location and largely uninhabited condition, the area proposed for declaration as an MPA is subject to a wide range of threats. In addition to potential threats from unsustainable tourism, should that sector expand unregulated, and pressures to expand cruise ship access, as noted above, there are several other specific threats needing attention:

Marine pollution: Marine debris is a particular problem, especially derelict fishing nets and lines, cargo nets, discarded plastics, vessel waste, and containers of hazardous waste lost at sea or intentionally dumped at sea and carried by currents to shallow water environments of the area. Vessel waste generally consists of solid waste, sewage, gray water, and bilge water, all of which may contain a number of pollutants. In addition, accidental and routine intentional discharge of ship ballast water in ocean areas surrounding the proposed MPA is an ongoing threat. Increasing ocean operations in the region from international fisheries, cruise ships, and commercial shipping lines have seemed to coincide with an increasing amount of marine debris and pollution ending up in the proposed MPA area. In recent years, due to more severe storms attributed in part to climate change, vessel groundings on submerged reefs and shoals have increased and become a growing threat to the proposed MPA through release of fuel, cargo, and other items.

Invasive alien species : This has become a growing concern for scientists monitoring the proposed area. Marine alien species are transported by such mechanisms as marine debris and ship hulls. Ballast water discharged from ships also is one of the primary means for introduction and spread of aquatic nuisance species and invasive alien species.

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Commercial fishing operations : These operations have proliferated in the region

in recent years as global demand for fish has grown. There have been sightings of foreign industrial fishing boats doing trawling in the proposed MPA area and environs; if true, they are illegal operations since the government has no record of issuing foreign fishing permits for that area or method, but prosecutions have not been made because of lack of patrol boats and surveillance capacity to catch violators. Pressure is growing on government to license domestic and foreign industrial fishing vessels to fish, particularly large ocean predators such as tuna and shark, for the much-needed revenues that could be gained from license fees. The foreign fishing fleets are pushing for permission to fish using the bottom trawling method, a technique that uses a large net with heavy weights dragged across the seafloor, harvesting everything in its path, from the targeted fish to incidental catch including corals.

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ANNEX B – MAP OF THALASSA ARCHIPELAGO OF THE COUNTRY OF ATLANTIS

ANNEX C – WORKSHEET FOR THE LEARNERS

YOUR TASK

The Government of Atlantis has assigned you the task of making recommendations on the design and regulatory framework for a proposed MPA with the boundaries encompassing land and sea areas generally as reflected in the map provided in Annex B. Carefully read through the factual scenario provided in Annex A and, drawing from the knowledge conveyed in the Seminar Presentation, work together to discuss and offer recommendations. Give particular consideration to the following:

which activities require regulation how should these activities be regulated, and what innovative measures could be included in the legislation to implement

an effective compliance and enforcement regime.

This pre-prepared worksheet (or one you make up yourselves) is an aid for guiding the group discussion and recording recommendations you decide are important, particularly in response to the three considerations noted above. Expand or adjust the table as you see fit. From your group, nominate a scribe to take notes and a rapporteur to report back to the joint group.

I. Activities to Regulate

Activity How to Regulate

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II. Innovative measures for compliance and enforcement

Activity Measures to consider

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ANNEX D – SUMMARY OF POSSIBLE RESPONSES (for the Educator)

I. Activities to Regulate

Activity How to regulateHook and line domestic commercial fishing

Indigenous and traditional fishing -- continue to permit for bottom fishery using the hook and line method in designated areas where stocks are healthy and pursuant to a management and monitoring plan to ensure sustainable use; indigenous representatives knowledgeable about the fishery should participate in preparing the management plan and overseeing monitoring of areas and catch limits.

Domestic commercial fishing operations –Depending on further surveys of the area and stock supply, the possibility should be provided for a set number of domestic commercial fishing licenses to be issued each year, or seasonally, for domestic operators of boats no longer than 20 meters to fish for commercially-valuable species, with catch limits as needed, designated areas, and other conditions, including restricting the method to be most selective and least harmful to the resource and environment; such permission would need to be conditioned on following the management plan, regular monitoring and record keeping on catch and stock health. Such areas could be given an IUCN category VI designation in the management plan. This should be a negotiated arrangement involving fisheries scientists and representatives from the indigenous fishing community. Part of the license fees could be returned to the indigenous fishing community to support their monitoring and surveillance work (see below).

Foreign fishing fleets should be prohibited from fishing in the MPA and its buffer zone, even should they be using legal fishing methods.

In general, the management plan for the area should identify no-take zones where no fishing would be allowed in order to protect the stock and promote recovery as well as to protect fragile ecosystems, such as coral reefs.

Commercial fishing using the bottom trawling method

Should be prohibited throughout the Atlantis marine waters under national jurisdiction, with penalties at least double for violations within the MPA or within a sufficiently extensive buffer zone around the MPA to protect species and habitat connectivity.

Industrialized fishing for predatory fish (tuna, shark, etc.)

Regulations should prohibit any industrial fishing inside the MPA.

Sports fishing Needs regulation. No sports fishing should be allowed in designated no-take zones of the MPA. Otherwise, allowed only in designated areas in the management plan and on a map and for designated species with catch and size limits. Annual/seasonal licenses should be required l) for sports fishing charter boats subject to fees and other conditions such as reporting, 2) for individuals fishing from pleasure boats subject to appropriate fees and conditions. Fees may be differentiated by whether the person/operator is from Atlantis or a visitor.

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Bioprospecting, oil or mineral exploitation, and sand mining

Regulations should prohibit these activities within the MPA and in a sufficiently extended buffer zone to protect the resources and ecosystem of the MPA.

Tourism operations Subject to scientific analysis and using the ecosystem-based management approach, the management plan may indicate some sites for day tourism to be allowed by general rules. These rules should prohibit the deposit of any garbage on the islands, disturbing any birds at any time, disturbing or taking any marine material including corals, sea grass, kelp, or sea shells. During nesting season for birds and sea turtles, the nesting beaches and inland habitats would be closed. Because of the remoteness of the area and the need to protect both nature and the public, no overnight camping or fires would be allowed. Regulations would require that tourism operators would need to be registered with the government and would need to obtain a license to take paying groups to these permitted sites, whether for swimming, snorkling, birding, or simply a boating tour. The government would also adopt guidelines for ecologically sustainable tourism.

Invasive alien species Regulations should prohibit any person from bringing any plant or animal into the MPA, including any live fish or other organism, and any marine debris because of the possibility that such debris may be a transport mechanism for aquatic alien species that could bring disease or be invasive. An exception may be granted by permit from the proper MPA authority for authorized scientific or management purposes in order to restore critical marine or terrestrial habitat and then only with species that are native or non-invasive and so certified.

Anchoring vessels Because of the potential negative impact on the ecosystem, regulations should prohibit the anchoring on any living or dead coral with an anchor, anchor chain or anchor rope. It also should be prohibited to anchor on another vessel that is so anchored. The management plan for the MPA should indicate where it may be possible to anchor a vessel, where such vessel is of a type authorized to be in the area, and should specify and strictly regulate how the anchoring must be done.

Cruise ships Because of the potential environmental threat to the MPA from cruise ships, and concerns that increasing boat and foot traffic on the main island, Addonia, will be difficult to manage, regulations should prohibit the docking of any cruise ships at Addonia (the only island that presently has a small dock) once the area is declared protected. The small one cruise ship currently allowed to visit Addonia each year should now be required to offload passengers just outside the boundary of the MPA nearest the lagoon entrance to Addonia (about 5 kilometers/3 miles) and transport them ashore in small boats. In addition, with the designation of the MPA, the proposal from the cruise ship industry to expand the dock and landing area of Addonia for large cruise ships should be declined. Finally, cruise ships should be prohibited from operating in and transiting through the MPA or its buffer zone.

Special regulations for the island of Addonia

This island will probably be the most heavily trafficked by visitors and researchers. The current tourism hotel/café may continue to operate under specific regulations on numbers of visitors per season, conduct, access and use of the island. It should not be expanded in any way that would threaten the natural features of the area. The biological research station also must continue to function, as the only on-site field station,

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with associated regulations controlling noise, number of researchers, and disposal of waste. The current dock should be maintained using the safest and least damaging methods for the surrounding marine and shoreline area. The small air strip also should be maintained and allowed to continue to operate, although the number of flights should be strictly regulated and controlled so as to match visitor capacity, and to minimize light and sound disturbance; the airstrip should be swept prior to each landing and take-off to minimize wildlife injuries.

Special regulations for Ceto and Ahti Islands

The management plan and its zones should recognize these islands for their special natural and cultural values. Working with the indigenous peoples, regulations should be developed to ensure their continued ties and connectedness to these islands and their surrounding waters, and their use and management of the special sites. Regulations may include restrictions on access by non-indigenous groups as well as specific management and use requirements to maintain the natural features, cultural and archaeological values and aesthetics. (see below also)

Special regulations for Tane and Sirena

Special regulations that are in place for the Tane Atoll Wildlife Refuge and Sirena Coral Reef Reserve may continue once the area is declared an MPA and any MPA regulations applicable to these sites should be at least as strict as the current ones. In addition, once overall MPA regulations have been issued, it will be important to review the existing regulations for the Refuge and Reserve to see if they need strengthening or updating.

Research vessels Regulations should require that any non-governmental, private, or commercial vessel wanting to engage in scientific research in the MPA must apply for a permit specifying the specific purpose of the research, site involved, length of time, and expected results. Conditions and fees should be attached, including sharing the scientific information obtained.

Pollution General regulations should prohibit the discharge or dumping of any substance or vessel waste into the waters of the MPA. Regulations should specify that this includes solid waste, sewage, grey water and bilge water. In addition, regulations should prohibit the dumping or deposit of any waste of any kind, whether solid or liquid, on the terrestrial areas of the MPA. Due to the remoteness of this area, users should be educated about the importance of keeping the area pristine, the harm such pollution can do to the ecosystem and marine life, and the difficulty of even maintain garbage cans at tourism sites because of the maintenance and cost involved.

Vessel groundings Many types of vessels may end up operating in the MPA – indigenous and domestic fishing and recreational vessels, small cruise ships, research vessels, enforcement boats, and military ships. Other vessels such as freighters and tankers may be transiting nearby. Due to bad weather and sea conditions, such vessels may run aground and release fuel, cargo, or other items that pose a real threat to the MPA. while it is difficult to anticipate such accidents, regulations should require that – nautical charts of the area be as detailed and accurate as

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possible in showing shallow submerged reefs and shoals, and be regularly checked and updated especially after storm events;

contingency plans be developed and put in place for oil spills or other spills of hazardous materials resulting from vessel groundings;

emergency response and natural resource damage assessment plans should be developed to reduce threats to the MPA and its resources.

Ballast water discharge Ballast water discharged from ships is one of the primary pathways for the introduction and spread of marine invasive alien species. Regulations should require a ballast water management programme for all vessels equipped with ballast water tanks that enter or operate in Atlantis. Those regulations also must prohibit the intentional discharge of any ballast water or sediment within the MPA. The regulations also should authorize an extended buffer zone around the MPA, taking into account currents and wind, within which no ballast water or sediment can be intentionally discharged in order to protect the MPA especially from introduction of invasive alien species.

Marine debris from outside MPA

One of the major current and increasing threats to the pristine and remote environment of the Thalassa MPA will continue to be the influx of marine debris from outside the MPA, in some areas already reaching several metric tons of derelict fishing gear, plastics and hazardous waste. Because much of the debris comes from international activities and unlicensed fishing, efforts of Atlantis and MPA authorities to prevent or regulate this threat are complicated. It is important for the MPA regulations to promote collaborative efforts to regularly remove marine debris that accumulates in the area. Moveover, ongoing marine debris survey work and collection activities should give priority to those areas which seem to have accumulated the most debris, with regulations to promote and give incentives for participation by marine users. Volunteer efforts to remove debris from the most sensitive and fragile areas where they may be ingested by seabirds and other marine organisms feeding at sea or caught on coral reefs are especially important to recognize and promote. In addition, the MPA authorities should be empowered to work with other agencies and the private sector to start recycling and disposal programs for old fishing lines, fishing nets, and other fishing gear that is no longer used.

In addition, the government of Atlantis should work with the International Maritime Organization to designate the MPA as a Particularly Sensitive Sea Area (PSSA) in order to obtain the additional protection that designation provides by making operators of passing ships aware they are traveling through a fragile area. Also, designation should be sought to have the MPA declared a Special Areas (SA) of the sea under the International Convention for the Prevention of Pollution from Ships and its 1978 Protocol. This designation requires ships to adopt mandatory measures to prevent sea pollution, including accidental and operational pollution from goods in packaged form, sewage, and garbage. [see seminar module 10 for discussion of PSSA and SA]

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II. Innovative measures for compliance and enforcement

Activity Measures to considerOverarching goal A key to effective enforcement within marine and coastal

protected areas, especially large and remote areas, is building interest in local communities and the private-sector to protect the resources through self-enforcement for the good of all over the long term. A few specific measures toward that end are noted below that should be supported by law.

Build awareness Provide in the law and regulations that one of the important duties of MPA authorities is to undertake broad public and stakeholder education programmes on the purpose of marine and coastal protected areas, activities that are permitted and prohibited in different sites, where the boundaries are located and how they can be estimated from landmarks or sea markers, and the benefits associated with collaboration.

Involve indigenous and local communities

In Atlantis, there are long-standing, active and dedicated indigenous and traditional communities which for centuries have practiced sustainable fishing and marine resource conservation, protected sacred island and marine sites for cultural and spiritual purposes, and maintained strict community-derived rules for managing, protecting, and sustainably using these areas. Now that some of their sacred places and dedicated fishing grounds are to be part of the MPA, the law needs to provide authority to recognize their continuing role in governance and management of those zones, consistent with the zone’s conservation objectives. Conservation agreements should be negotiated that include their ongoing role in management planning and implementation, supported by traditional knowledge and new scientific understandings as they emerge about the changing environment, including impacts from climate change, with proper incentives, benefit sharing from any user fees, and technical assistance as needed. These responsibilities, to the extent the community feels qualified, may include help with compliance and enforcement where local officers are available and radio and satellite communications can be used to report possible violations, marine debris, vessel groundings, wildlife injuries, and other emergencies. To ensure this possibility, the law or its regulations should recognize the possibility that an “authorized enforcement officer” for purposes of MPAs should include local community enforcement officers. Where enforcement tasks include police powers, formal training and certification would be required.

Involve domestic fishing operators and other stakeholders

Legal provisions also should authorize MPA authorities to develop partnership agreements with commercial user groups of the marine area, mainly fishing operations, for surveillance, monitoring, and reporting on suspicious or offending behaviour, and collaborating with enforcement agencies wneh offences are prosecuted. This is particularly relevant for large offshore marine areas. Such agreements should include appropriate training, technical assistance and incentives for participation.

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Involve non-governmental organizations

The number of non-governmental organizations concerned about ocean conservancy and stewardship is steadily increasing worldwide as awareness grows about the importance of the oceans for the planet and increasing evidence of major threats to the marine environment. Such organizations are working to build awareness about the value of our oceans, many focussing attention on major threats to marine resources, especially illegal ocean fishing, marine pollution, and accumulation of marine debris (particularly plastics) in major parts of the ocean world, undertake surveys and scientific research, and participate in removal operations. Atlantis’ laws and regulations should authorize MPA authorities to recruit participation of such organizations both to help promote education about compliance, promote self-enforcement among user groups, and monitor marine areas for such things as marine debris and fishing violations.

Build regional cooperation for foreign fishing operations

With the extension of its fisheries jurisdiction into the Exclusive Economic Zone (EEZ), foreign fishing will probably still be an important part of the fishing scene in Atlantis for the coming years. Developing a national fishing fleet capable of harvesting the fishery resources of the EEZ is costly and lengthy, particularly for fisheries requiring relatively sophisticated catching techniques, such as tuna purse seining, or for addressing other difficulties in catching or marketing. Regulating existing foreign fishing operations with licenses and fees is a necessary first step, even as Atlantis works to develop its national fleet. Once licensed, policing these operations through surveillance and physical enforcement in these extended zones and ensuring they do not wander into the MPA or its buffer zone will still be prohibitively costly even when substantial license fees can help. To address this problem, Atlantic needs to build regional ties and its regulatory system needs to authorize initiatives at the bilateral, regional and international levels that reduce the need for costly physical enforcement, promote voluntary compliance, and do not hamper fishing activities more than necessary. Cooperative measures could include to:

work with regional and international organizations to fill in and widely distribute navigational charts (hard copy and electronic)and keep them updated, particularly showing MPAs, other marine conservation zones, reefs, shoals, and deepwater;

acquire, collate, and regionally share information about fishing activities being licensed;

come up with common modes of conduct, compliance standards, and a uniform regional licensing scheme for fishing vessel operators;

share data on the vessel numbers and size authorised to operate in the region to get a clear and more accurate picture of total fishing activity and capacity on a region-wide basis;

have radio and telex reporting by the vessels themselves on entry and departure from zones and with catch reporting; use data to estimate annual catches, management needs for the stocks going forward, and allowable catches for the next season to ensure sustainable use;

rely on aerial, remote and satellite surveillance to

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monotir and detect possible violations on access and report violators to a regional register so they are not re-licensed or have restricted licenses and recognize this across jurisdictions;

work regionally to set up transboundary marine protected areas for important shared marine areas needing protection.

Use new technologies for monitoring and surveillance

The law and regulations should recognize and encourage the use of new technologies and specialized equipment in remote sensing and satellites to supplement traditional sources of shipping information (navigation plans, ship logs) for surveillance and enforcement. For example, GPS (Global Positioning System) can accurately identify whether vessels are illegally inside the boundaries of a protected area, and chemical analyses can identify and link specific pollutants to a source. Data from these technologies is increasingly considered key evidence for prosecution of cases. In addition, MPA authorities should monitor positional information received from vessel-based Automatic Identification Systems and other offshore intelligence data collected by other government agencies to track and understand daily vessel traffic patterns in and near the MPA and to communicate with vessels when required.

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