Marine Protected Areas Bill Due Before End of 2024, Noonan Promises

Q: Is there a global target for MPAs?

The Rio ‘Earth Summit’ on climate change in 1992 saw a a global MPA area target of 10% by 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.

Marine Protected Areas Bill Due Before End of 2024, Noonan Promises

7th October 2024

Afloat.ie Team

UCD’s Vice President for sustainability, Professor Tasman Crowe Credit: UCD

The Marine Protected Areas Bill will be published before the end of 2024 – potentially not before a general election.

Minister of State for Nature, Heritage and Electoral Reform Malcolm Noonan gave a timeline for the legislation in Dun Laoghaire, Co Dublin, on Monday (Oct 7).

He was speaking at the roll-out of a €25 million LIFE project to “protect, conserve and restore the biodiversity of Ireland’s marine ecosystems”.

The Marine Protected Areas LIFE project is a collaboration between the Department of Housing, Local Government and Heritage and three research partners from the third-level sector.

Three universities will address various elements of this project: University College, Dublin will focus on ecology and what the MPAs can achieve; University College, Cork will consider the social side and stakeholders involved, and the University of Galway will address the economic impacts on industry and communities.

Ireland is committed to having 30% MPA coverage by 2030 to protect biodiversity, in line with the Programme for Government, EU strategy and related UN framework.

“I believe this country needs a comprehensive and modern process for the designation and effective management of MPAs,” Noonan said.

“ That is why we have been working on a bill that will combine robust strategic targets for marine environmental protection with real and meaningful stakeholder and public participation,” he said.

“Given the significant - and much needed - change that is envisaged by this bill, the process towards publishing it has become protracted but we absolutely have to get the legal framework right if we are to have a final piece of legislation which will be a game changer for marine protection,” he said.

“I truly believe that with the huge investment of time and effort in this to date - by my department, other Government departments and the Attorney General’s Office – we already have the firm foundations for a truly remarkable Bill and I hope to have the final draft published by the end of the year,”he said.

“We are all aware of the increasing environmental challenges and pressures on marine habitats,”he said.

The LIFE project will “bring together local communities, environmental organisations, scientists and industry to plan and develop our MPAs. It will focus on getting a balance between ecological protection and socio-economic development,”he said.

“In keeping with the collaborative approach, information and data created will be openly available to community, business and other interests and we will work with local experts to ensure their insights are shared,” he said.

“The project will promote ocean literacy, to help people better understand the ocean so they can make responsible and sustainable actions. Together, we can create a legacy of hope, resilience and recovery for our marine ecosystems, protecting it for generations to come,”he said.

“Ireland is working hard towards the 30% target. We have already reached one third of this goal, with new Special Areas of Conservation in the northeast Atlantic and Special Protection Areas in the northwest Irish Sea and Seas off Wexford, together comprising almost 3.25 million hectares of our marine waters,”Noonan said.

“These designations have brought protected area coverage in our seas from 2.3% to almost 10% in the lifetime of this Government.”

Speaking for the three universities, UCD’s Vice President for sustainability, Professor Tasman Crowe said “Ireland has a significant opportunity to make very impactful changes to protect and restore precious marine ecosystems and enable them to thrive”.

“The changes will need to be carefully designed to ensure that they are effective and that the benefits and costs are shared as fairly as possible,”he said.

“ We are delighted to work with the Government on the research and development of this important project for Ireland's environment and people,”Crowe said.

The Marine Protected Areas Bill will set out different degrees of protection, which will be linked to the sensitivity and fragility of the habitats or species being protected within the MPA. It will also give details of the management and enforcement process developed to support these areas, Noonan’s department says.

The Fair Seas coalition of environmental NGOs welcomed the MPA LIFE project as a “vital piece of the MPA jigsaw” but said it continued to have concerns that the MPA legislation would not be published this year.

“In a sense the announcement of the project today - while very welcome - is putting the cart before the horse,”Fair Seas said.

“We need the initiatives like the MPA LIFE project to be grounded and supported by strong MPA legislation to ensure they are as effective as they can possibly be,”it said.

“Without legislation, we are in danger of adopting a piecemeal, ad hoc approach to marine conservation that will not achieve our goal of protecting our seas,”it said.

“We will continue to campaign to see this Bill introduced in the lifetime of this government, but we will also be working to ensure every political party includes a commitment to including MPA legislation in its election manifesto material and we will be ready to make sure that is reflected in any new programme for government,”Fair Seas added.

Published in Marine Planning, Marine Wildlife

Published in Marine Planning

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Marine Protected Areas

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Marine Protected Areas (MPAs) - FAQS

What is a marine protected area?

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.

Where are MPAs located?

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.

Where was the world’s first MPA?

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

Is there a global target for MPAs?

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.

Where is the world’s largest MPA?

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.

How are MPAs chosen?

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.

Are MPAs permanent?

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.

Does Ireland have any MPAs?

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”.

Are there plans to expand MPAs in Irish waters?

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.

What are the international obligations on MPAs?

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.

Are there specific EU obligations?

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.

How does Ireland compare to other coastal countries for MPAs?

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.

How is our nearest neighbour, Britain, doing on MPAs?

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.

How are Irish MPAs protected?

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.

So is there any protection for sensitive habitats and species beyond 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

Is legislation planned for Ireland?

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.

That sounds like good news for MPAs in Ireland?

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.

Is all activity banned in MPAs?

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

Is there a cost to MPAs?

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.

Is there an economic benefit to MPAs?

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.