Whose sustainability? Top–down participation and emergent rules in marine protected area management in Indonesia

A review of a major community-based marine protected area programme (CB-MPA) in an Indonesian island archipelago is the point of departure for this article. Despite a well-designed institutional structure to facilitate local participation, local knowledge about the CB-MPA is found to be low and resource access and influence on decision-making in the programme is negligible for the majority of islanders. At the same time, most of those who know about the programme consider it as pertaining to the public authority only. These findings stand in contrast to evidence on non-formal ways of protecting and managing marine areas in the same geographical area but outside the formal MPA institutional framework. In particular, the article identifies a number of emergent rules-in-use in marine management, which operate parallel to legally established MPAs. It is argued that emergent forms of marine area protection such as non-formal self-organising island exclusion zones (IEZ) offer as yet mostly unused potentials for formal MPA development, particularly in those coastal and marine areas without traditional forms of marine and coastal management.     

海洋生态产品价值实现的参与主体演化博弈分析

海洋生态产品价值实现对推进海洋生态文明建设与海洋经济高质量发展具有重要意义。目前,海洋生态产品价值实现存在市场化程度不高、公众参与度低、实现不充分等问题。本文通过构建海洋生态产品价值实现参与主体（企业、政府和社会公众）的演化博弈模型,探究各方主体的策略稳定性规律,探讨三方博弈系统的均衡点及其稳定性,并运用Matlab仿真分析不同参数变化对系统演化的影响,最后依据博弈分析结果为探索“政府＋市场”的海洋生态产品价值实现路径提供对策建议。结果表明,政府是海洋生态产品价值实现的引导者与推动者,管控成本和社会收益是影响其策略选择的主要因素,加强政府的奖惩力度、增加企业提供海洋生态产品的潜在收益、降低供给成本对企业参与海洋生态产品价值实现具有正向作用,社会公众购买海洋生态产品所获效用的提升与监督成本的减少有利于促进社会公众参与海洋生态产品价值实现。     

南海区海洋垃圾治理的公众参与研究

南海区海洋垃圾污染日益恶化对治理提出了严峻的挑战,公众既是海洋垃圾污染的直接受害者,也是海洋垃圾治理的直接受益者,更可以成为南海区海洋垃圾治理的参与者。文章阐述公众参与南海区海洋垃圾治理有助于从源头上控制南海区海洋垃圾污染状况、提升南海区海洋垃圾治理决策的科学性和针对性、降低政府治理南海区海洋垃圾的人力、物力成本的必要性,分析南海区海洋垃圾治理公众参与存在公众海洋垃圾治理参与意识薄弱、公众海洋垃圾治理参与方式不足、知情权和参与权未得到充分保障、海洋环保NGO的作用未充分发挥等问题,借鉴日本濑户内海、美国墨西哥湾、厦门五缘湾等国内外区域海洋垃圾治理公众参与的实践经验,提出培育参与意识和技能、开发新兴参与方式、建立健全政策法规、发展海洋环保NGO等完善公众参与治理的对策。     

海洋生态文明视野下辽宁海域生态补偿机制研究——基于大连海域的合作治理分析

从海洋大国变为海洋强国是必然过程,加快建立海洋生态补偿和生态损害赔偿制度是必然选择。因此,海洋生态补偿机制建设是为了刺激的海洋生态服务的供应,改善海洋生态质量,促进海洋转型必要的方式。结合大连海域个案研究得出对辽宁省的启示,在此基础上尝试构建三维互动的海洋生态补偿机制、补偿框架、路径与运行机制,并提出加速海洋生态补偿立法进程;完善生态补偿管理体制,建立恰当的激励约束与考核奖罚并举的制度体系;增加海洋生态补偿资金来源;加速海洋生态资源产权制度建设;增大相关补偿标准量化方式与相应技术的研究;完善公众参与制度等政策建议。     

防治海洋工程建设项目对海洋环境的污染损害法律问题研究

近年来海洋工程建设项目随着海洋经济的繁荣日益增多,在带动海洋经济发展的同时也增加了危害海洋环境的可能性,过度的海洋开发活动加重了对海洋环境的污染及生态系统的破坏程度。我国虽在立法上制定了一系列法规政策、专门条例为海洋工程污染防治保驾护航,但是目前海洋工程污染防治并未引起法学界的过多关注和深入研究。在我国海洋工程污染防治中仍然存在如下问题亟待解决：海洋工程环境影响评价制度的程序及责任设定问题、海洋工程听证制度公众参与度不足、海洋工程环境高风险领域责任保险制度不够完善、监管力度不足、公民对海洋工程污染防治知情权的缺失等。通过对以上问题进行法律分析及原因分析,对相关条例、法律及政策进行总结评析,提出解决对策。通过完善环境影响评价制度,健全听证制度相关规定,加强环境污染责任保险制度建设,提升对海洋工程污染防治的监管力度,明确公民知情权等方式来解决所提出的问题,为海洋工程污染防治提供更多的法律助推力量。     

海洋规划体系框架构建

本文分析了我国海洋规划的现状,并从海洋规划体系、制度、机制和平台等4个方面,提出了海洋规划体系框架构想,为海洋规划编制和管理提供技术支持。其中,四大体系由分级分类、法律法规、编制运行和技术标准体系构成;三项制度由咨询评估、影响评价和社会参与制度构成;二套机制由衔接协调和管理监督机制构成,一个平台由数据库、专题规划信息系统和管理系统构成。     

Environmental justice implications of Maritime Spatial Planning in the European Union

This paper examines the implications of environmental justice in the regime for Maritime Spatial Planning (MSP) currently developing in the European Union (EU). An ‘ecosystem-based approach’ to marine management is enshrined in the new Integrated Maritime Policy and Marine Strategy Framework Directive and forms the basis of MSP. This concept is intended to encompass all aspects of an ecosystem, including the human element. Yet the modes of including meaningful public participation in the decision-making process for MSP remain undetermined. At the same time, the Aarhus Convention (on access to information, public participation in decision making and access to justice in environmental matters) empowers non-governmental organisations to hold EU Member States to account. Consequently the issue of transparency will gain increased importance, as will linkages between human and environmental rights. Such public interest-based activism on the part of NGOs has the potential to enforce the developing framework for stakeholder engagement within MSP, but it also has implications worth considering regarding the appropriate role of interest-based organisations in the international political arena.     

粤港澳大湾区海洋生态环境协同共治策略探讨

粤港澳三地为共同应对跨境污染等环境问题开始携手,经过多年的交流深化,已形成总体规划引领,合作框架协议约束,联席会议与粤港、粤澳环保合作小组及其下设的专题小组相结合的海洋环境协同共治平台。目前,粤港澳大湾区仍面临海域水质不断恶化、湿地生态功能退化、海洋生物资源衰退等严峻的生态问题。通过系统梳理,借鉴国际三大湾区先进经验,提出健全大湾区海洋生态环境协同治理法制体系、完善协同共治平台、统筹规划海洋生态环境保护、健全公众参与制度等策略,完善大湾区海洋生态环境协同共治机制。     

Timing exclusion and communicating time: A spatial analysis of participation failure in an Indonesian MPA

Marine protected areas are promoted as a resource management tool for balancing ecological integrity with economic activity. However, MPAs frequently fail to achieve integrated, substantive outcomes. Participation failure is a common symptom of implementation failure. MPA experts often conclude that the remedy, in part, lies in better communication, with the implicit assumption that participation and communication are conjoined or synonymous. In this paper, the geography of communication in marine environments is analyzed as distinct from participation. It is argued that the logistical challenges of communicating in marine time and space must be taken into account beginning with the pre-implementation stage of an MPA; this requires recognition and analysis of the political nuances of whose space, whose time, and whose terms for communication. Research in Wakatobi National Park in Indonesia determined that marine managers and local communities have divergent experiences of participation, prompting three insights. First, the timing of public consultations must accommodate the variable rhythms of life in fishing communities in order to ensure broad representation. Second, co-presence in fishers’ space is critical for effective communication of marine knowledge and management strategies. Third, the deployment of ‘participation time’ by decision-makers communicates the value – or lack thereof – they place on fishing people and collaboration. The constructivist spatial analysis of communication presented here provides a model for MPA decision-makers and managers to identify, overcome and mobilize communication geographies that affect participation in sustainable development.     

渤海海洋环境治理的演化博弈分析

随着海洋强国战略的提出, 海洋经济进入快速发展期。尽管海洋开发的不断深入带来了巨大的经济效益, 但也造成 了海洋生态环境的不断恶化。本文基于演化博弈分析方法, 首先探究了渤海海洋环境治理面临的问题, 并就其治理的主体 (政府 、企业和公众) 构建演化博弈模型, 进一步分析三者达到均衡点所需要的条件, 最后提出相关主体参与海洋环境治理 的建议。结果显示, 监管成本是影响政府参与监管的主要因素, 企业是否非法排污取决于政府监管效率 、非法排污再治理的 成本、罚款与按照标准排污成本的利益比较, 而公众是否参与监督则取决于监督成本和回报。 因此为了实现渤海海洋环境的 有效治理, 应该降低政府监管成本以提高监管效率, 加大对企业非法排污的惩处力度, 畅通公众投诉渠道。     

Equity, justice and power issues raised by no-take marine protected area proposals

In the face of growing calls for no-take marine protected areas (NTMPAs) and the development of a UK legal framework for them, fishing industry and related perspectives on the equity, justice and power issues raised by such designations are explored. Whilst these reveal growing concerns about the political and geographical marginalisation of the fishing industry, they also reveal a significant potential for the constructive participation of industry representatives in discussions and decisions concerning NTMPAs. These findings support the argument that this potential should be realised, as the environmental coherence of our seas need not be achieved through the social and economic isolation of our fishing industry.     

A perspective on the Census of marine life. The role of natural history institutions for this programme

The Census of marine life programme (CoML) is expected to generate a large amount of information on the diversity, distribution, and abundance of marine communities, many of them new or poorly known. Institutions such as natural history museums can play a crucial role in providing the necessary tools to allow the CoML to advance knowledge in the fields of marine systematics and biogeography. These institutions can contribute taxonomic expertise to provide quality-controlled identifications of species; specimen collections to allow for cross-checking of occurrences and a historical context for new data; information, both paper and electronic, on taxonomy, ecology and other topics to enable researchers to review past work; education opportunities to inform the public about the results of current and past research on the marine world. Challenges for these institutions in the future include the recruitment, training, and retention of taxonomic experts, development of advanced molecular techniques for more reliable and faster species identification in certain groups, and integration of expertise and other taxonomic resources into research on scientific processes from start to finish.     

海岛生态脆弱性研究综述与展望

海岛资源的可持续发展研究是海洋开发与管理的重要课题。为优化配置海岛资源,促进海岛开发利用和生态环境保护的协调发展,文章对国内外海岛生态脆弱性研究的概念化过程、研究框架和评价方法进行综述,并在此基础上提出研究展望。研究结果表明:脆弱性的概念已由单一维度的自然系统或社会系统向2个维度的社会-生态交互系统拓展,海岛生态脆弱性的概念化过程具有同样的演进轨迹,但尚未清晰地揭示2个维度之间的多因素耦合关系;目前海岛生态脆弱性的研究框架多是已有脆弱性研究框架的延伸和拓展,尚未出现专门的研究框架;已有的生态脆弱性评价方法主要包括综合指数法、函数模型法、图层叠置法、情景分析法和系统动力学等,但缺乏适用于评价海岛生态脆弱性时空动态特征的方法;针对上述不足,未来海岛生态脆弱性研究应着重统一基本概念并构建专门的研究框架,在理清海岛生态脆弱性动态变化机制的基础上,完善评价指标体系和评价方法,并加强管理调控研究。     

Perceptions and attitudes regarding marine reserves: a comparison of stakeholder groups in the Florida Keys National Marine Sanctuary

The Florida Keys National Marine Sanctuary (FKNMS) developed a zoning plan as part of its overall management plan, fully implemented as of 1997. The plan created several closed areas or harvest refugia in which consumptive activities are prohibited. This research reports results of surveys that we conducted with members of three stakeholder groups in the Florida Keys: commercial fishers, dive operators, and members of local environmental groups. Surveys requested responses regarding the information sources individuals tapped when learning of the zoning plan and the FKNMS; their degree of public participation; their perceptions and acceptance of the zoning strategy and the process of its design; and the expected outcomes of the zoning strategy. Many responses show significant differences among the three groups. Fishers felt highly alienated from the process of zone designation and displayed a sense of anger and powerlessness with respect to what they considered to be an attempt to exclude their group from the harvest refugia. Dive operators demonstrated the highest levels of participation in the designation process, but were concerned that refugia regulations could limit their activities in the future. Members of environmental groups were the strongest supporters of the harvest refugia concept and the FKNMS. This research suggests numerous ways in which marine resource managers could improve their public outreach and information dissemination strategies when developing future harvest refugia and marine protected areas.     

Collaborative fisheries management in the Northeast US: Emerging initiatives and future directions

The nature of participation by fishing organizations in fisheries management in the Northeast US is changing. Evidence of this is the number of groups that are actively seeking opportunities for group governance of marine resources. This article explores emerging collaborative or co-management arrangements in this region (a process whereby decision-making is shared between federal/council level and fishery stakeholder groups) and the shift towards an ecosystem-based approach to the management of marine fisheries.This research suggests that it is an opportune time for the development of a regional policy in the Northeast that provides an enabling environment in support of decentralized governance of federally managed marine fisheries. It also suggests that these initiatives can play a key role in operationalizing ecosystem-based management.     

The ecological and social basis for management of a Red Sea marine-protected area

The Farasan Islands in the southern Red Sea of Saudi Arabia have nationally and internationally significant conservation values, and are important for a range of marine-based resource uses. In preparation for the establishment of a marine protected area around the Farasan Islands and its management, surveys were undertaken to assess the state of the coastal and marine resources, and the issues associated with human activities. Stakeholders were interviewed about issues and their attitudes towards the proposed protected area, and constraints to planning and management were identified. Marine habitats included seagrass beds, mangroves, and extensive areas of fringing reef dominated by a diverse coral community or a mixture of coral and macroalgae. Although used for a diverse range of human activities (fishing, shipping, transport, military purposes, recreation, waste dumping, sand extraction) impacts were minimal and localized. The most immediate threat to the marine resources was over-exploitation by fisheries. The types of management activities appropriate to the MPA, and the scale of management, were constrained by a number of unique and important factors: declines in national financial support for conservation efforts, a lack of trained personnel, difficulties in attracting staff to this remote location, loss of community support, the absence of a tourist base from which economic instruments could be developed, and the lack of local non-governmental organizations. Management recommended for the Farasan Islands Marine-Protected Area included zoning, community participation in management, public awareness, and training as a first step, followed by site-specific management actions, research and monitoring, and infrastructure development.     

Murky waters: Media reporting of marine protected areas in South Australia

Given the public's limited knowledge of marine environments, informing the public about marine protection presents a unique challenge. Studies have shown a well-informed public is more likely to support environmental issues and that newspapers, in particular, are considered a credible media source. This research investigates media representations of current South Australian efforts to establish a marine protected area (MPA). Articles from five newspapers between 1999 and 2006 were examined for content in the following areas: local marine ecology, the policy process of MPA establishment and stakeholder views. The research found that newspapers concentrated their reporting on opposing stakeholders, opinions and were largely ineffective in conveying the significance of the local marine ecology, the economic benefits of the MPA, and the delayed establishment process. These information gaps have left the public poorly informed, and therefore, there is unlikely to be significant pressure to overcome the continued delays in the establishment process.     

Legitimacy issues in public participation in coastal decision making processes: Case studies from Belgium and France

Public participation is one of the central principles of Integrated Coastal Zone Management (ICZM). However, within current public participation practice in coastal decision making there remain questions regarding whether or not the project leaders or participation processes can be considered legitimate. The paper explores the issue of legitimacy, examining case studies of coastal decision making processes from Belgium and France, focusing on the legal constraints for public participation including degree of formality and government style. It reveals that there are legitimacy issues in public participation related to the legal and institutional framework of the project, as well as to the knowledge base, and characteristics of the stakeholders and their interests. This study concludes that legitimacy issues in an ICZM process cannot be solved entirely through an institutional framework and associated legislation.     

Applying the large marine ecosystem (LME) governance framework in the Wider Caribbean Region

The large marine ecosystem (LME) governance framework was developed to address the complexity inherent within the Wider Caribbean Region with respect to the region's shared living marine resources. The framework is adaptable to all multi-scale living marine resource situations and provides a basis for incremental implementation of interventions. Parts of the overall governance framework can be targeted for sub-framework development and strengthening through institutional reforms and capacity building. Three examples, the Eastern Caribbean flyingfish fishery, marine protected area (MPA) management and the Eastern Caribbean tuna fishery, are used to illustrate the application of the framework in facilitating and assessing governance effectiveness in the Caribbean. In each case, the purpose is to show the different governance questions that must be addressed at policy, strategy and action levels to make up a complete governance arrangement and how these are distributed among several levels on the institutional scale that typically occur in regional marine resource governance.     

Introduction: An empirical framework for deconstructing the realities of governing marine protected areas

Debates surrounding governance strategies for marine protected areas (MPAs) have to date largely focused on top-down, bottom-up or market-based approaches. Whilst co-management approaches for governing MPAs are widely accepted as a way forward for combining these three strategies, many interpretations of this concept exist and it is applied in many different ways in MPAs in different contexts. This study aimed to explore governance through a case-study approach based on a specifically developed empirical framework – the marine protected area governance (MPAG) analysis framework – to increase understanding of how to combine the three governance approaches. A dialogue with MPA practitioners in 20 case studies helped shape the MPAG analysis framework as it developed, and an international workshop was held on ‘Governing MPAs’, bringing the practitioners together to compare results and further develop the framework. This paper provides an overview of the topic and research methodology and briefly introduces the case studies further explored in this special issue.