January 30, 2012
Marine Protected Areas- How Are They Enforced?
Marine protected areas or MPA’s have become a major part of marine ecosystem management plans. According to Hamilton et al.’s 2009 paper in Sustainability Science, MPA’s have proven to have enormous conservation benefits in the areas where they have been implemented. After five years of protection in the Channel Islands Hamilton et al. found that there were significantly higher densities and biomass of targeted fish species inside the reserves compared with outside. In addition, Roberts et al. found that marine protected areas play a key role in supporting nearby fisheries. The evidence of these researchers reveals that MPA’a are an effective means of protecting ecosystems but what happens if people refuse to abide by the parameters of the MPA and if local governments can’t do anything about it?
On July 18th, 2011 an industrial fishing vessel from Ecuador, the Fer Mary 1, was caught with what turned out to be the biggest case of shark killing in the history of the Galapagos National Park. The Fer Mary 1 was detected by the Vessel Monitoring System (VMS) used by the Galapagos National Park Service (GNPS). The GNPS sent a crew to intercept the vessel operating 20 nautical miles inside the Galapagos’s Marine Reserve. They found 357 different species of shark, including one Mako, protected under the Convention on Migratory Species, and several species on the IUCN’s red list. All shark species are protected inside the reserve. Despite the clear evidence the crew has not even been charged yet. According to Galapagos law, if the crew is convicted they could get up to 3 years in prison. They have not even been officially charged yet. An investigation was opened and the crew was detained but on August 3rd, 2011 they were released by the order of a judge. In order for the case to move forward all parties will have to return to the island, but history has shown that when asked to return the accused do not. Police do have the authority to detain them and transport them back but the budget to do so does not exist. In addition the court has declared itself “incompetent” in dealing with environmental crimes.
Lady Justice has Abandoned Galapagos
So hundreds of sharks were poached in a marine reserve and their function within the ecosystem will likely be disturbed. Yet, those who clearly violated the law faced no punishment because of the ineffectiveness of the local judiciary.
The enforcement mechanisms off our own coast have proven to be effective so far. In 2009, the Risa Lynn was given a $10,000 fine for illegally fishing in the Channel Islands National Marine Sanctuary south of Anacapa and Santa Cruz. It was a coordinated effort by the NOAA Office of Law Enforcement, the CA Department of Fish and Game and the U.S. Coast Guard. http://www.nmfs.noaa.gov/ole/news/news_SWD_081009.htm
Therefore, the probability of poaching and the effectiveness in deterring poachers with the strength of enforcement mechanisms should be considered to a greater extent when analyzing the effectiveness of a marine reserve.
In addition, (since marine protected areas around the world are very important parts of the greater ocean ecosystem and vital to the biodiversity of the planet) should we and do we have the responsibility to help protect areas like the Galapagos and other marine protected areas around the world?
This post was written by Evelyn Cintron, a senior (BA) majoring in Environmental Studies with a minor in Biological Natural Science.
The situation in the Galapagos infuriates me but it raises an interesting problem that is seen in so many environmental policies and laws: lack of enforcement or “teeth”. Evelyn asked if we should or if we have the responsibility to help protect areas like the Galapagos and other MPAs and that really is a question that is to broad to directly answer. I think the real question is how can local communities and their governments work together to regulate and enforce MPAs in their waters. Governments need to empower locals to “watch” MPAs so that money that would other wise go to enforcing MPA regulations is spent on educating judges and creating “competent” courts to deal with environmental crimes. I think it is not a matter of “us” helping “them” but rather a need for more research in the area of community based resource management.
I agree that this is a very tricky situation, but I do feel that we have an obligation or responsibility to help protect MPAs that are more vulnerable to threats such as these. I liken this to a humanitarian crisis that would occur in another country that does not have the means to deal with it themselves. Its easy to tell the other country to fix their infrastructure, but these countries are limited by their means and therefore cannot make these sort of changes easily. In times of particular stress, such as this case in the Galapagos, I feel outside help is necessary. I imagine it would be far less costly for the US to send a small fleet of management personnel than for the Galapagos to re-appropriate funds for environmental causes. This outside help should be engaged simultaneously with internal efforts to bolster their own enforcement and regulation. The two acts are of equal importance.
I definitely agree with my fellow classmates. The one thing I would add is putting it in context of global environmental issues. This issue surrounding a local MPA in the Galapagos islands is a perfect example of the dilemma within international affairs. Although the local government does not have the infrastructure to enforce there own regulations is it really outside countries duty to help. This is just one example in a lack of enforcement, if we were to intervene in this situation should we help all other countries who lack enforcement capbilities for environmental regualtions.
Another thing that I thought was interesting was in the grand scheme of environmental problems this situation seems like a rather simple problem with an easy solution. Compared to something like climate change or deforestation but if we can’t even see justice prevail in something like an MPA how do we handle larger situations with much more complexities?
I really appreciate Mariah’s point regarding building a stronger community-based management system. When international committees draw up protective treaties and pacts, they are making a public statement of support for the local regions where MPAs are established. However, those designated safe havens cannot be managed from afar, and so it falls to locals to maintain the protective status of the MPAs. Regardless of any international support that the MPA has garnered, the sanctuary is ecologically useless if community-based management is lackluster or non-existent.
I think that education and awareness of the MPA issues aside, cost is a critical determinant of community involvement. Community members are not always inclined to simply offer their time and energy (both very valuable resources) when monitoring the MPA is an on-the-side activity, and there are other pressing tasks that require their attention as well. In short, I think it will be important to a) designate a group of watchdogs and b) explicitly list MPA monitoring as part of their daily/weekly tasks. Integration is key!
One major advantage of educating the community on MPAs specifically, is that if the value of the MPAs can be communicated effectively the people will understand how it can directly benefit them, making compliance less of a coercion and more of a responsibility. Many studies show that MPAs actually increase the productivity of the fisheries in the surrounding area. If fishermen understand this, then they may understand that compliance is in their own best interest.
The creation of norms can become a powerful tool in promoting change. If members of society can understand how cooperation can lead to better outcomes for everyone, it may not be too idealistic to think that environmental stewardship can become less about enforcement and more about cooperation.
While increasing awareness of the potential benefits of MPAs at the community level is certainly desirable, the issue of enforcement is an issue of resources. The technology and personnel necessary to monitor landings from fishing boats that operate in the proximity of MPAs are enormously costly, but both are a necessary expense if we want to have any hope of bolstering respect for the laws governing marine protected areas. Like nearly every environmental issue that enters the political arena, a measure of farsightedness is required to understand that an investment in protecting endangered ecosystems in the present will offset incalculably costly environmental degradation years down the road. More than anything, I think this situation simply requires a recognition at the legislative level of the importance of these kind of biodiversity sanctuaries, and for budgetary committees to prioritize them accordingly.