New Directions in Oceans Management An overview of current thinking

1. New Directions in OceansManagementAn overview of current thinking Bob O’Boyle Bedford Institute of Oceanography Dartmouth, Nova Scotia

2. 21st Century Paradigm inOcean Management Ecosystem Approach to Management • Each ocean sector one of many • Control of cumulative impacts across sectors to meet multiple objectives • biodiversity, productivity & habitat

3. 21st Century Paradigm inOcean Management Management Strategy Evaluation • Assessment one element of ocean management system (OMS) • Examination of behaviour of entire OMS • Relative merits of different management strategies given UNCERTAINTYof each OMS element

4. Management Strategy Evaluation Operational Module Control Module Traditional Assessment Population Ecosystem Observation Assessment Decision Making Harvest Rules Implementation From McAllister et. al. 1999

5. MSE Within EAM EAM MSE implementation faster than EAM Ecosystem Sector Mgt Assessment MSE Sector e.g. Fisheries

6. Ecosystem Approach to Management(EAM)

7. What is EAM?(FAO 2003) • Ecological Understanding as Guide to Management • Coordinated Management of Sectoral Activities • Ecosystem approach to management within sector • Integrated management across sectors • Management of Cumulative & Long-term Impacts • Precautionary Approach

8. EAM not replacement for conventional sector, species or activity specific management • Takes broader view • EAM should be implemented in concert with Integrated Management (IM) • IM = Planning & management across sectors & agencies (governance) • Onus on multi-national, federal, state & local agencies to coordinate & communicate on EAM

9. Is EAM Essential? • Growing awareness that ecosystem approach needed for ocean management • Collapse of fisheries worldwide • Multiple uses of ocean growing • Oil & gas, trade, aquaculture • Competition for limited resource (the ocean) • Many acts, legislations & policies that require harmonization • EAM is a means to do this

10. Comparison of International EAM Efforts • Experience with EAM at different stages of development - Lots still to learn • Canada, EU, Australia, New Zealand & USA • Case studies chosen based on experience with EAM • Main features identified that lead EAM in 'right direction'

11. Enablers of EAM Are there conditions that facilitate acceptance & implementation of EAM? • Political Leadership • Legislative Mandate • Overarching Policy • Stakeholder Buy-in

12. Political Leadership • Greatly facilitates efforts to advance EAM • Without this, difficult to overcome conventional management structures • Associated legislative mandate & resourcing • Establish new institutions • Incentive to existing agencies to embrace EAM NZ & US are examples where some progress on EAM can be made without legislative mandate or even national policy (NZ)

13. Legislative Mandate • Canada • 1997 Canada Oceans Act, 1992 CEAA & 2003 SARA • EU • Basis for EAM in ratified international & national laws, treaties, conventions & agreements (e.g. OSPAR & HELCOM) • Australia • 1992 Intergovernmental Agreement on the Environment & associated National Strategy for Ecologically Sustainable Development (ESD) • 1999 Environmental Protection & Biodiversity Conservation Act

14. Legislative Mandate • New Zealand • No national legislation but development of Fisheries Act & Resource Management Act (cross non-fishery sector planning but within 12 nm) • US • While no national legislation, ratified UNFA & implementing FAO Code of Conduct • Federal legislation incorporates EAM principles e.g.: • Magnuson-Stevens Fishery Conservation and Management Act, Marine Mammal Protection Act, Endangered Species Act, National Environmental Policy Act, Coastal Zone Management Act, Marine Plastic & Pollution Research & Control Act • New state legislation (Oceans Acts) in California & under development in Massachusetts, Oregon & New Jersey

15. Overarching Policy • Canada • 2002 Oceans Strategy • EU • 6th Environmental Action Program has seven Thematic Strategies, one of which is • EU Marine Thematic Strategy (EMS) for Protection & Conservation of European Marine Environment (under development) • Integrates patchwork of legislation, policy, programs & action plans at regional, national, EU & international levels • Australia • 1998 Australia Oceans Policy (AOP) basis for Marine Bioregional Planning (MBP) • Since 2005, MBP backed by 1999 Environmental Protection & Biodiversity Conservation Act

16. Overarching Policy • New Zealand • Oceans Policy delayed by jurisdictional issues with Maori but reintroduced in 2005 • Framework for coordinating EAM efforts • Strategy for Managing Environmental Effects of Fishing (2006) • Biodiversity Strategy (2002) & MPA Policy • USA • Commission on Oceans Policy (2004), complimented by Pew Oceans Commission • Coherent, comprehensive & long-range national policy for exploration, protection & use of ocean & coastal resources • Recommendations on EAM for federal & state authorities with regulatory power over sector activities

17. Stakeholder Buy-In • EAM needs build upon the many sector-based consultative / advisory bodies that already exist • Stakeholders must see benefits of EAM • Regulators must see benefits of EAM

18. Implementation of EAM What elements should Implementation of EAM have? Best practices based on case studies

19. Elements of Implementation • Planning area boundaries • Nested planning & management process • Overarching coordination • Planning area coordination • Sector management Outcome Focused & Adaptive

20. Planning Area Boundaries • Ideally, manage circumscribed ecosystem impacted by defined group of stakeholders • Incorporates not only ecological relationships but also existing regulatory & socio-economic boundaries • But… • Ecosystems have varying scales of organization • Many administrative areas & jurisdictions already exist • No set formula in five case studies • Ecological & administrative realities • Pragmatic approach • We manage people, not ecosystems!

21. Canada • 5 Large Ocean Management Areas (offshore) defined so far • Based upon ecoregions & administrative boundaries • Challenges • Boundaries with USA on both coasts & in coastal area • Federal / provincial jurisdiction ESSIM

22. European Union • 11 Eco-regions (from ICES) based upon existing biogeographical & management regions • Shared jurisdiction greatest challenge • EU Water Framework (coastal), EC (fisheries)

23. Australia • 5 Planning Regions based on Large Marine Domains & management considerations (jurisdictional & political) • Shared jurisdiction challenge, internationally, with States & across sectors • AOP only applicable to federal waters, ie.3 nm to international boundary

24. New Zealand • Planning areas not officially defined at national level, but… • Under Resource Management Act, within 12 nm Territorial Sea, 10 regional councils have decision-making authority over most activities (but not fishing) • Under Fisheries Act, fishery has its own areas • Challenges • Different boundaries used by regional councils, Ministry of Fisheries & Department of Conservation • None coincide with Maori boundaries, which are becoming increasingly important in managing oceans activities (inshore mostly) • No EAM requirements in mining & oil legislation

25. USA • Planning areas not officially defined at national level but Commission on Oceans Policy suggested starting with regional fishery management council boundaries Jurisdictional challenge At Federal & State level • NOAA • 10 regions based on • Large Marine Ecosystems • EPA • 5 regions to coordinate large scale ecosystem based programs

26. Nested Planning & Management Process • Hierarchical structure links legislative mandate & overarching policy at top to control of sectors at bottom • Overarching (Canada Ocean Strategy) • Planning area (ESSIM) • Sector (Fishery) • Sub-sector (Crab fleet) • Objectives at all levels with management actions at planning area & below

27. Two Types of Objectives • Conceptual Objectives or Goals • Interpret legislative mandate to be understandable to broad audience • E.g. Restore Coral Community Biodiversity to pre-1980 levels • Operational Objectives or Strategies • Link between Conceptual Objective & Management Action • Specific enough to be clear to all • Refers to indicator (e.g., biomass) & reference point (e.g., 50,000 t) • E.g. Limit Area (sq Km) disturbed of Coral Community to 5000 sq km • Allow measurement of progress towards conceptual objective • Precautionary Approach enters EAM at this point

28. Terminology • Indicator • Quantity that can be measured & used to track changes over time • Reference point / direction • Value of indicator corresponding to target or limit • Direction of indicator towards target or away from limit

29. Operational Objective Green zone or PA Yellow zone Red zone

30. Ecosystem Objectives Hierarchy Overarching Conceptual Objectives Link to National Policy Planning Area Conceptual Objectives Link to Overarching COs Regional Priorities Planning Area Operational Objectives Monitor Ecosystem States Control Cumulative Impacts of Sectors Sector Operational Objectives Control Cumulative Impacts of Sub-Sectors Control Impacts of Sub-Sector Sub - Sector Operational Objectives

31. Cumulative Impacts

32. Suite of Conceptual & Operational Objectives defines EAM in Planning Area Colour indicates Performance Of Operational Objective Green: Good Yellow: Caution Red: Poor

33. Overarching Objectives • Conceptual, long term, & should enable countries to satisfy terms of international agreements & conventions • Linked to legislative mandate & overarching policy • Guidance & coordination to all planning areas under EAM

34. Overarching Objectives • Canada, Australia & EU • All have / considering overarching objectives • New Zealand • Coordination regionally based • USA • Commission on Ocean Policy provided set of overarching objectives

35. CanadaNationalOverarchingObjectivesSocio-economicObjectives Structurebeing considered

36. Planning AreaConceptual Objectives • Overarching objectives made specific to address issues in planning area, based on… • Ecosystem description • Components & Relationships • Threats analysis • Stressor / Receptor Analysis

37. Canadian Example of Stressor / Receptor Analysis • Sector responsible for threat identified • Gaps in responsibility (e.g., non-point source pollution) identified

38. Planning AreaConceptual Objectives • Conceptual Objectives formulated & prioritized based on… • Top - down (scientists) • What are key components being impacted? • Bottom - up (stakeholders) • What are important stressors to address? • Risk analysis (quantitative / qualitative) • Risk = impact * likelihood

39. Determine Ocean Sectors to Implement Planning Area Objectives • Determine which ocean sectors implicated in which stressors & thus Operational Objectives • Some stressors might come from outside planning Area • Some objectives, while noted by one sector, might be relevant to others • Some objectives need to be addressed at sector level, others at sub-sector level

40. In Canada • Ecosystem Overview & Assessment Report (EOAR) for each LOMA • Ecosystem structure / functioning, human activities (e.g. fishing), stressors (e.g. dragging) & impacted ecosystem components or receptors (e.g. benthic community) • EOARs to be completed in 2007 • Conservation Objectives being formulated & prioritized • Priority based on • Ecological & Biological Significant Areas & Species • Degraded Areas & Depleted Species • Discussion with stakeholders on other objectives

41. EU • Coastal member states are to develop Implementation plans including (within x years of EMS adoption): • Assessment of environmental status (within 4 years) • Objectives (within 5 years) • Monitoring program (within 6 years) • Develop & operationalize management actions (by 2016 & 2018 respectively) • Irish Sea Project • Implementation of EAM tested

42. Australia • First regional marine plan (SE Australia) completed in 2004 • 9 conceptual objectives • Planning currently being conducted for northern & southwestern regions • New Zealand • Fiordland Marine Conservation Strategy • Conceptual objectives for fisheries, values of special significance, risks to marine environment, Stewardship • USA • Oceans Commission report • Regional Ecosystem Assessment should be conducted to assess state & threats to ecosystems

43. Planning AreaOperational Objectives • Start with planning area conceptual objective & 'unpack' to point where indicator & reference point can be referred to • Important to classify indicators • Pressure State Response framework being considered by many • These are linked to management actions • Basis of decision rules • Suite of all operational objectives in planning area could inform determination of ecosystem health

44. Suite of Operational Objectives At Planning Area Level could define Ecosystem Health Colour indicates Performance Of Operational Objective Green: Good Yellow: Caution Red: Poor

45. Canada • Suites of LOMA operational conservation objectives planned for 2007 • EU • Irish Sea Pilot Project • Operational conservation objectives established & tested • Australia • Southeast Regional Marine Plan completed • Operational objectives under development • New Zealand • Fiordland • Activities focused on how to devise operational objectives • USA • California Action Plan includes 13 operational objectives

46. Sector Operational Objectives • Sectoral Operational Objectives already part of management systems of all case studies • Need to adapt existing sector management to move towards an ecosystem approach • Putting current objectives in EAM framework • Developing new objectives to fill gaps • Engaging regulators & stakeholders on EAM

47. Conclusions • Impetus for EAM apparent through endorsement of international treaties / agreements • EAM adopted in all cases studies • Neither US nor New Zealand have formal national EAM coordination • Some success in advancing EAM • Case studies with strong institutional approach likely to be more successful

48. Conclusions • Planning area boundaries based on practical realities of conservation & administration • Many jurisdictional issues (international, national, regional) • Objective setting & prioritization a challenge • Unclear how socio-economic objectives incorporated • EAM should be participatory, proactive, open & transparent to ensure credibility & buy-in

49. Conclusions • Need to interconnect regulatory agencies to ensure EAM success • Sector plans must be linked to ensure management of cumulative & long-term impacts • No single sector can implement EAM independently • Refocus sector management to meet EAM objectives • Don't abandon single species management but fill gaps to meet EAM objectives

50. Management Strategy Evaluation(MSE)