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Legal aspects of connectivity conservation

Legal aspects of connectivity conservation. Barbara Lausche IUCN CEL. Guidelines. Concept paper. What is connectivity conservation*. …a conservation measure in environments modified or fragmented by human impact and development for the purpose of -

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Legal aspects of connectivity conservation

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  1. Legal aspects of connectivity conservation Barbara Lausche IUCN CEL
  2. Guidelines Concept paper
  3. What is connectivity conservation* …a conservation measure in environments modified or fragmentedby human impact and development for the purpose of - Connecting habitats for wildlife movement between protected areas and enhance biodiversity conservation Connecting ecological processes to maintain or restore ecological processes (e.g., water flows, pollination) for protected areas, biodiversity, and ecosystem goods and services needed by people. Connecting evolutionary processes to permit gene flows and species range expansion. (*Drawn from concept paper and scientific literature cited there, including Worboys, G.L., W.L.Francis, M. Lockwood. Connectivity Conservation Management: A Global Guide. 2010.)
  4. Role of law: Provide explicit legal authority Define clear policy, planning and financial commitments Set forth clear principles, goals and objectives of connectivity actions Define roles, responsibilities, and requirements, decision-making processes, governance options Provide certainty and consistency.
  5. Essential considerationsfor legal work: Science-law collaboration Scaleaspects - large to small scale Explicit mandate to use ecological criteria in planning and management Governanceand tenure variations Benefitsfor both biodiversity conservation and climate change.
  6. Many global and regional instruments support connectivity:
  7. Many national instruments: Policies – e.g., economic/sustainable development policies, sector policies, special issue policies (biodiversity, climate change) Plans– e.g., conservation plans, development plans, climate change action plans, land use plans Substantive laws ……
  8. National level – 3 main legislative options: 1. Specific legislation on connectivity – Generic law Law for specific corridor (usually large scale) 2. Other legislation with connectivity elements Protected areas General nature conservation, biodiversity conservation, environmental protection 3. Connectivity not explicit but needed for implementation Special ecosystems (wetlands), services (water resources, soils) Sustainable use (forests, wildlife, fisheries) Sustainable development: land use planning, development control
  9. Various legal tools available: Regulations – rules, requirements, standards requiring compliance Incentives – financial, technical, educational; especially for voluntary action/stewardship Purchases of land or rights – increasingly rare Markets – conservation banking, credits Combinations are most useful and common – e.g., basic regulations plus incentives.
  10. Protected Areas legislation – key elements for adding connectivity… Objectives: general and specific System planning Management plans Requirement for an ecosystem approach Buffer zones Voluntary conservation/incentives EIA requirements Coordination mechanisms - other sectors/levels Monitoring and evaluation requirements.
  11. Marine connectivity – special issues: Unique natural features and threats Less well understood Complex coastal-marine interrelations Very large areas, EEZs National jurisdiction subject to international law in some aspects Especially vulnerable to climate change.
  12. Marine connectivity – special issues: Whale shark Unique natural features and threats Less well understood Complex coastal-marine interrelations Very large areas, EEZs National jurisdiction subject to international law in some aspects Especially vulnerable to climate change. Photo by Marj Awai
  13. “Rio Lady” Female (7.5 m TL) Globalconnectivity 29 AUG 2007 Kohler, Casey and Turner (1998) NMFS Cooperative Shark Tagging Program, 1962-93: An Atlas of Shark Tag and Recapture Data. Marine Fisheries Review 60(2)1-87. 24 JAN 2008 Photo by Marj Awai
  14. Special legal concepts for marine connectivity: Large-scale management for MPA networks, including high seas Integrated coastal and ocean resource management-- special governance issues Marine spatial planning –plan ocean uses Ocean zoning -- give effect to plans by regulation and monitoring
  15. Key messages: Many legal tools already exist in most legal systems, begin now with these Science-based decision making critical Incentives important for voluntary action, environmental stewardship, governance Special challenges: integrating connectivity in land use/marine plans; harmonizing law across many sectors and levels; collaboration on the ground.
  16. IUCN ELC project: The legal aspects of connectivity conservation: a concept paper Co-authors: Barbara Lausche, USA/protected areas-conservation law David Farrier, Australia/common law land use Jonathan Verschuuren, Netherlands/civil law land use Antonio G.M. La Vina, Philippines/UNFCCC-REDD ArieTrouwborst, Netherlands/international/reg’l law Charles Hubert-Bonn, Belgium/EU law Project Director: Francoise Burhenne-Guilmin, Senior Counsel IUCN Environmental Law Centre, Bonn
  17. Thank you. Barbara Lausche IUCN CEL
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