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EU Proposal for Legally Binding Nature Restoration Targets on Sea and Land Welcomed by NGOs

24th June 2022
False Bay in County Galway
False Bay in County Galway Credit: Fair Seas

The European Commission is proposing to set legally binding nature restoration targets on both sea and land.

The Nature Restoration Law will apply to every EU member state and will complement existing laws and targets.

The proposal has been welcomed by Irish marine environmental network Fair Seas and Birdwatch Ireland – with the latter organisation describing it as “transformative for Ireland’s degraded ecosystems”.

It will also “help us tackle climate breakdown”, according to Birdwatch Ireland, pointing out that degraded habitats are less resilient to the effects of climate change.

As it states, 85% of Ireland’s internationally important habitats are in poor condition and not able to function properly, which means we cannot fully avail of the services they provide such as carbon storage in peatlands and flood attenuation.

Also, 26% of Ireland’s birds regularly occurring bird species are Red Listed birds of conservation concern in Ireland with farmland birds the fastest declining group of birds. One third of Ireland's wild bee species are threatened with extinction, it stays.

Birdwatch Ireland’s marine policy and advocacy officer Sinéad Loughran said that “a healthy, thriving ocean is fundamental for the survival of humankind,but the reality is that our seas have never been in a worse state than they are today”.

“Twenty-three of Ireland’s twenty-four breeding seabirds are red or amber listed birds of conservation concern. Ensuring they have sufficient fish to eat is essential,”she said.

“If given a proper chance, and with a helping hand, our ocean will have the chance to heal, and nature can be restored at sea. With a strong EU Nature Restoration Law, there is the chance to reverse much of the harm caused by humans and fisheries,”Ms Loughran said.

Birdwatch Ireland head of advocacy Oonagh Duggan noted that a the recent National Biodiversity conference, Taoiseach Micheál Martin said that "the business case for biodiversity is compelling: the benefits of restoring nature outweigh the costs ten-fold, and the cost of inaction is even higher."

“We now need the Irish government to back the highest ambition possible in this law and to set up a Nature Restoration fund to restore our decimated biodiversity and to provide a safe future for all of us,”Ms Duggan said.

Fair Seas said that highly or fully protected marine protected areas (MPAs) are “known globally as the best way to restore marine environments”.

“By setting up large no-take zones, where no industrial activity is permitted, Ireland can implement this new law to meet its full potential for biodiversity recovery and climate stabilisation,”it said.

“The law states that habitats and ecosystems with the ‘greatest potential for removing and storing carbon and preventing or reducing the impact of natural disasters such as floods will be the top priorities”, it said.

“These criteria put Ireland in a prime position as our marine ecosystems like seagrass meadows and kelp forests offer both storm protection and store large amounts of carbon. The sediments of our continental shelf area have also been identified as areas with enormous carbon storage capacity if undisturbed by industrial activity,” Fair Seas said.

“Only 6.4% of the ocean globally is covered by MPAs and less than 2% are no-take MPAs, where full protection is given to the ecosystem and species at risk,” it said.

“ The new ecosystem restoration bill offers Ireland the opportunity to revitalise our seas. No-take MPAs offer the entire ecosystem the chance to recover, from the seafloor to the shoaling surface waters and the rocky outcrops of nesting seabird colonies,” Fair Seas said.

“Currently, only 2% of Ireland’s seas are protected, however, there is no active monitoring or management in place to ensure they are actually protected,”it said.

Fair Seas is calling for 30% of Ireland’s waters to be placed within MPAs by the year 2030.

“This aligns with our government's previous international commitments and would satisfy our new obligations within the Nature Restoration Law,”it said.

The Fair Seas campaign is led by a coalition of Ireland’s environmental non-governmental organisations and networks, including Irish Wildlife Trust, Birdwatch Ireland, Sustainable Water Network, Friends of the Irish Environment, Irish Whale and Dolphin Group, the Coomhola Salmon Trust, Irish Environmental Network and Coastwatch.

Fair Seas is funded by Oceans 5, Blue Nature Alliance, BFCT and The Wyss Foundation.

Lorna Siggins

About The Author

Lorna Siggins

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Lorna Siggins is a print and radio reporter, and a former Irish Times western correspondent. She is the author of Search and Rescue: True stories of Irish Air-Sea Rescues and the Loss of R116 (2022); Everest Callling (1994) on the first Irish Everest expedition; Mayday! Mayday! (2004); and Once Upon a Time in the West: the Corrib gas controversy (2010). She is also co-producer with Sarah Blake of the Doc on One "Miracle in Galway Bay" which recently won a Celtic Media Award

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Marine Protected Areas (MPAs) - FAQS

Marine protected areas (MPAs) are geographically defined maritime areas where human activities are managed to protect important natural or cultural resources. In addition to conserving marine species and habitats, MPAs can support maritime economic activity and reduce the effects of climate change and ocean acidification.

MPAs can be found across a range of marine habitats, from the open ocean to coastal areas, intertidal zones, bays and estuaries. Marine protected areas are defined areas where human activities are managed to protect important natural or cultural resources.

The world's first MPA is said to have been the Fort Jefferson National Monument in Florida, North America, which covered 18,850 hectares of sea and 35 hectares of coastal land. This location was designated in 1935, but the main drive for MPAs came much later. The current global movement can be traced to the first World Congress on National Parks in 1962, and initiation in 1976 of a process to deliver exclusive rights to sovereign states over waters up to 200 nautical miles out then began to provide new focus

The Rio ‘Earth Summit’ on climate change in 1992 saw a global MPA area target of 10% by the 2010 deadline. When this was not met, an “Aichi target 11” was set requiring 10% coverage by 2020. There has been repeated efforts since then to tighten up MPA requirements.

Marae Moana is a multiple-use marine protected area created on July 13th 2017 by the government of the Cook islands in the south Pacific, north- east of New Zealand. The area extends across over 1.9 million square kilometres. However, In September 2019, Jacqueline Evans, a prominent marine biologist and Goldman environmental award winner who was openly critical of the government's plans for seabed mining, was replaced as director of the park by the Cook Islands prime minister’s office. The move attracted local media criticism, as Evans was responsible for developing the Marae Moana policy and the Marae Moana Act, She had worked on raising funding for the park, expanding policy and regulations and developing a plan that designates permitted areas for industrial activities.

Criteria for identifying and selecting MPAs depends on the overall objective or direction of the programme identified by the coastal state. For example, if the objective is to safeguard ecological habitats, the criteria will emphasise habitat diversity and the unique nature of the particular area.

Permanence of MPAs can vary internationally. Some are established under legislative action or under a different regulatory mechanism to exist permanently into the future. Others are intended to last only a few months or years.

Yes, Ireland has MPA cover in about 2.13 per cent of our waters. Although much of Ireland’s marine environment is regarded as in “generally good condition”, according to an expert group report for Government published in January 2021, it says that biodiversity loss and ecosystem degradation are of “wide concern due to increasing pressures such as overexploitation, habitat loss, pollution, and climate change”.

The Government has set a target of 30 per cent MPA coverage by 2030, and moves are already being made in that direction. However, environmentalists are dubious, pointing out that a previous target of ten per cent by 2020 was not met.

Conservation and sustainable management of the marine environment has been mandated by a number of international agreements and legal obligations, as an expert group report to government has pointed out. There are specific requirements for area-based protection in the EU Marine Strategy Framework Directive (MSFD), the OSPAR Convention, the UN Convention on Biological Diversity and the UN Sustainable Development Goals. 

Yes, the Marine Strategy Framework directive (2008/56/EC) required member states to put measures in place to achieve or maintain good environmental status in their waters by 2020. Under the directive a coherent and representative network of MPAs had to be created by 2016.

Ireland was about halfway up the EU table in designating protected areas under existing habitats and bird directives in a comparison published by the European Commission in 2009. However, the Fair Seas campaign, an environmental coalition formed in 2022, points out that Ireland is “lagging behind “ even our closest neighbours, such as Scotland which has 37 per cent. The Fair Seas campaign wants at least 10 per cent of Irish waters to be designated as “fully protected” by 2025, and “at least” 30 per cent by 2030.

Nearly a quarter of Britain’s territorial waters are covered by MPAs, set up to protect vital ecosystems and species. However, a conservation NGO, Oceana, said that analysis of fishing vessel tracking data published in The Guardian in October 2020 found that more than 97% of British MPAs created to safeguard ocean habitats, are being dredged and bottom trawled. 

There’s the rub. Currently, there is no definition of an MPA in Irish law, and environment protections under the Wildlife Acts only apply to the foreshore.

Current protection in marine areas beyond 12 nautical miles is limited to measures taken under the EU Birds and Habitats Directives or the OSPAR Convention. This means that habitats and species that are not listed in the EU Directives, but which may be locally, nationally or internationally important, cannot currently be afforded the necessary protection

Yes. In late March 2022, Minister for Housing Darragh O’Brien said that the Government had begun developing “stand-alone legislation” to enable identification, designation and management of MPAs to meet Ireland’s national and international commitments.

Yes. Environmental groups are not happy, as they have pointed out that legislation on marine planning took precedence over legislation on MPAs, due to the push to develop offshore renewable energy.

No, but some activities may be banned or restricted. Extraction is the main activity affected as in oil and gas activities; mining; dumping; and bottom trawling

The Government’s expert group report noted that MPA designations are likely to have the greatest influence on the “capture fisheries, marine tourism and aquaculture sectors”. It said research suggests that the net impacts on fisheries could ultimately be either positive or negative and will depend on the type of fishery involved and a wide array of other factors.

The same report noted that marine tourism and recreation sector can substantially benefit from MPA designation. However, it said that the “magnitude of the benefits” will depend to a large extent on the location of the MPA sites within the network and the management measures put in place.

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