Review of the legal framework applicable to MPAs as a tool for ecosystem conservation & fisheries management
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Date
2006-02Author
Long, Ronan
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Long, R. (2006). Review of the legal framework applicable to MPAs as a tool for ecosystem conservation & fisheries management. In E. Hoffman (Ed.), Review of Marine Protected Areas as a tool for ecosystem conservation and fisheries management (pp. 11-30).
Abstract
A review of the legal basis in a number of international and European legal
instruments underpinning the establishment of Marine Protected Areas (MPAs) as a
tool for ecosystem conservation and fisheries management. The global instruments
examined include: the 1982 United Nations Law of the Sea Convention (LOS); the
1992 United Nations Conference on Environment and Development (UNCED) and
Agenda 21; the 1992 Convention on Biological Diversity; the 1995 United Nations
Agreement Relating to the Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks; the 1995 FAO Code of Conduct for Responsible
Fisheries; and the 2002 World Summit on Sustainable Development (WSSD). The
regional instruments considered are: the OSPAR and HELCOM Conventions.
European primary and secondary legal instruments reviewed include: the EC
Treaties; Council Regulation No 2371/2002; Council Directive 92/43/EEC (the
Habitats Directive); and Council Regulation 602/2004 to protect deepwater coral
sites in an area north-west of Scotland. Recent policy initiatives such as the
Biodiversity Action Plan for Fisheries, the European Marine Strategy and the
European Maritime Policy are also mentioned. The chapter concludes by outlining
the legal options for establishing Marine Protected Areas as a tool for ecosystem
conservation and fisheries management.