Transcript Situational Analysis of the Critical Aspects of Protected

Situational Analysis of the Critical
Aspects of Protected Areas Governance
for the British Virgin Islands
Prepared for the Workshop on Managing
Protected Areas in Times of Change: Threats,
Opportunities, Leadership in the Eastern
Caribbean.
Anguilla
November 14 – 17, 2006
The existing protected area governance situation (Who is
involved? Who holds the decision-making authority and
responsibility? Who is accountable to whom? What structures,
institutions and relationships are concerned? How do they
function?)
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Designation of Protected Areas can occur under:
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the Fisheries Act (1997) whereby Fisheries Protected Areas and Marine Reserves
can be set aside.
the Physical Planning Act (2001) whereby Environmental Protection Areas, which
are adjacent to development projects can be set aside.
National Parks and other Protected Areas can be established under the National
Parks Act, No. 4 of 2006 which repealed Chapter 243 of 1961 and subsequently
amended in 1986.
Management Authority over these areas is fragmented; however, this
presentation will focus on the contribution of the National Parks Trust to the
management of Protected areas through the recent passage of
comprehensive legislation to do so.
The National Parks is governed by a recently updated act – the National
Parks Act No. 4 of 2006 which was enacted after broad consultation and
review by major sectors of the community.
The Act requires participation of civil society in the formulation of policy
related to the management of the Trust. In particular, the public is to be
engaged and consulted in the formulation of Management Plans prior to their
submission to the Board of the National Parks Trust and subsequently, the
Ministry of Natural Resources & Labour.
The existing protected area governance situation (Who is
involved? Who holds the decision-making authority and
responsibility? Who is accountable to whom? What structures,
institutions and relationships are concerned? How do they
function?)
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The Board’s composition, which is determined by the Minister in consultation
with Executive Council, is comprised of:
– One representative each from the major islands within the group (Tortola,
Virgin Gorda, Anegada and Jost Van Dyke)
– Three representatives from the business community with interests in
recreational or tourism activity (marine, hotel, restaurant, taxi, travel,
fishing and dive industries)
– Three persons with knowledge or experience in the fields of biodiversity
conservation, ecology, cultural heritage, marine archaeology, architecture
or historic preservation
– The Director
The existing protected area governance situation (Who is
involved? Who holds the decision-making authority and
responsibility? Who is accountable to whom? What structures,
institutions and relationships are concerned? How do they
function?)
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The Board holds decision-making authority and responsibility and is
accountable to the Minister of Natural Resources and Labour.
Institutional arrangements for the co-management of marine
resources exist with members and institutions within the marine
industry through the Marine Conservation Programme.
The Act (section 18) requires the formation of a Scientific Committee
which will be responsible for advising the Trust on matters pertaining
to the formulation of Management plans, status of endangered
species, monitoring plans for various aspect of park management,
the creation of new protected areas and threatened and vulnerable
species.
The Act empowers the Trust to create International Protected Areas
as Trans-boundary Protected Areas, Biosphere Reserves or World
Heritage Sites
The protected area governance goals (What are the values,
principles, approaches and goals underlying the system? Can
those be better served by an improved governance system? )
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The values and overarching principles underlying the system are principally
articulated in Section 13: Establishment of Protected Areas:
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“The parks and other protected areas established under this Act are hereby
dedicated to the people of the Virgin Islands for their benefit, education, and use,
subject to this Act, and they shall be maintained, conserved, restored, and used so
as to leave them unimpaired for the benefit of future generations.”
The approaches to governance and management are based on IUCN
principles of classification which enshrine the determination of the overall
goals to be met by individual parks and protected areas upon declaration.
Each park is classified using the existing classification scheme which is
articulated in the Act under Section 15.
The Act under Section 16 grants the right to enter into Conservation
Agreements which may include public or private lands, so long as the
management objectives and terms are compatible with biodiversity or cultural
conservation principles. Section 32(1) specifically outlines the following:
The protected area governance goals (What are the values,
principles, approaches and goals underlying the system? Can
those be better served by an improved governance system? )
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The Trust with the approval of the Minister may make a cooperative agreement with other
public authorities, non-governmental organisations, or other persons, whether local,
regional, or international, for the purposes of management or co-management of specific
tasks under this Act, including development or implementation of all or portions of a
management plan.
The management of Conservation Agreements is detailed in Part VI (Section 41-49).
Section 25 of the Act requires the Trust to consult and take into account feedback
received through the process in the formulation of Management Plans for all Protected
Areas. Consultation is to include public authorities, especially those with conservation
and planning responsibilities and the general public. The Director shall:
– give notice of the preparation of the draft management plan to any public authority
that the Director knows is likely to be affected by the plan; and
– give public notice of the preparation of the draft management plan by publishing a
notice in the Gazette and in a newspaper published and circulated in the Territory;
and
– submit it to the Scientific Committee for its advice.
Moreover, public meetings must be held to receive comments and forward such as part of
the plan. Plans are eventually vetted and approved by the Board and by Executive
Council.
The desirable changes in protected area governance (What
needs to be modified for the PA governance system to
function more effectively and efficiently? Who can take
action? How? With whose help? With what resources?)
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In light of the recent passage of
the Act, the governance system
will not be modified in the near
future.
Implementation of the principles
and structures related to
governance must be worked out in
system-wide, strategic and
management plans. Identification
of the human, technical and
financial resources required to
effectively manage the processes
previously outlined must be
undertaken.
Management plans are required for
a number of Protected Areas in the
British Virgin Islands which will
engage the public sector and civil
society.
The strengths and weaknesses of existing protected areas
management arrangements, and the opportunities and
threats to these protected areas, especially from climate
change.
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Marine elements of the existing Protected
Area system have not been formally
declared; however, active management of
coastal and marine areas is currently taking
place. The System Plan for Protected Areas
in the British Virgin Islands awaits approval
and adoption.
Management plans for areas under current
jurisdiction are lacking. Management plans
must be drafted within three years.
It is too early in the process, subsequent to
passage of the Act, to evaluate the strengths
and weaknesses of the existing protected
areas management arrangements emerging
from the Act.
Former methods of governance were
informal and not always adhered to
(consultation) with varying degrees of
awareness and acceptance of management
approaches by stakeholders.
Information resources and tools to
empower stakeholders in effective
decision-making
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The Act prescribes the manner in
which stakeholders are to be
included in the process of decisionmaking through the formulation of
management plans, amongst other
tools.
As a statutory body, the Trust does
not have an Annual General
Meeting requirement, as other
NGOs may have as part of their
constitution. However, an annual
Protected Area forum is proposed
as a mechanism to discuss
emergent issues.
The possibilities of other governance types (private/public
partnerships, private protected areas, and community
conserved areas, etc), have any lessons been learnt or
documented?
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Private/public partnerships and
private conservation areas are
possible within the context of the
new Act.
Awareness building activities are
required to sensitise landowners
with critical natural and cultural
assets of the new opportunities
and benefits to be afforded by the
aforementioned management
approaches related to conservation
agreements.