PRONUNCIAMIENTO DEL TRIBUNAL CONSTITUCIONAL SOBRE LOS CONTRATOS

4.0 Introduction

A commonality of many international, regional and national agreements and conventions relating to protection of the environment have is that at their core there is a need to include, from their inception, an appropriate management plan. In order for a management plan to be implemented there is a corresponding need to be able to monitor and assess an area. This chapter will consider the role of assessment and monitoring in order to identify relevance, current approaches and importance of the processes with regard to effective environmental management.

4.1 The role of environmental Monitoring and Assessment

‘...there is no escaping ecological science and monitoring as the primary components for both protected area selection and their future management.’ (Carelton Ray, 1999, p. 612)

A key requirement to the success of any form of environmental protection is the ability to monitor and assess. Whilst common themes and elements exist between both assessment and monitoring, they are clearly differentiated. Monitoring has a temporal element that enables the identification of change through trends over an extended period; assessment can determine if change has occurred within the environment at a given point in time (Russek-Cohen & Christman, 2004). However they should be treated as mutually applicable; without an initial assessment that clearly identifies the current state of the environment and appropriate ecological indicators to be utilised within a monitoring programme, there exists no baseline to work from. It also follows logically that ‘monitoring is most beneficial when it results in more effective management decisions - decisions that protect or rehabilitate the marine environment, its living resources and resources that society considers important.’ (Marine Board, 1990, p. 19). Furthermore, the use of long-term monitoring enables the true state of the environment to be evaluated. In addition, careful selection of indicators that align with management goals will greatly enhance the ability to successfully manage an area.

4.2 Approaches

The marine environment is highly dynamic and generally exists in a state of flux. There are complex interactions within ecosystem processes and anthropogenic influences on

34 the environment. Historically monitoring of the marine environment has been as a result of national and international conventions and directives24 that encompassed a large variety of parameters, but which addressed very specific requirements, such as the protection of a specific species (Rogers & Greenway, 2005). At the time, collection of baseline data and monitoring was generally based on informal arrangements between various interested parties and programmes such as the United Nations Environmental Programme (UNEP), the International Oceanographic Commission (IOC) and the IMOs Marine Environmental Protection Committee (MEPC) (Cote, 1992).

Whilst monitoring and measuring levels of nutrient discharge into the marine environment, levels of fish stocks, cetacean numbers or quantities of garbage on beaches are all important in their own right, do they give a true picture of the what is happening within the marine environment, or just a snapshot of its current state? Additionally the dynamics between and complexities of marine policy and governance creates its own issues. Cross sectoral conflicts naturally occur, such as those between fisheries, oil and gas production, shipping, tourism and nature conservation, where each sector has their own agenda based on political, socio-economic, cultural or conservation criteria. This is further exacerbated through lack of an integrated approach to marine governance where policy is developed and implemented at differing levels i.e. much European fisheries policy is formulated at the EU level and implemented at a national level; Shipping policy being set at both an international level and national level; tourism policy being set at national and sub national level (van Tatenhove, 2010). This cross sectoral conflict in turn leads to a fragmented approach to collection and free exchange of data between parties, which should be deemed as an essential requirement when attempting to monitor and assess a dynamic environment with a multitude of cross sectoral stakeholders.

4.2.1 Eco-system Approach

The Ecosystem Approach is defined as:

“…a strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use in an equitable way.” (CBD, 2000)

24 _{E.g. London Convention (formerly the London Dumping Convention), Water Framework Directive,} Habitats Directive, Bonn Convention

35 Over recent years there has been a substantive change in approach driven by commitments to the principles of the World Summit on Sustainable Development (WSSD). Which has led to the development and implementation of the more holistic and inclusive ‘Ecosystem Approach’ as defined above. Carleton-Ray (1999) highlights the value of this type of approach and the consequences of failure to base management on appropriate information that accounts for the multitude of inputs and trans-boundary elements within the marine environment:

‘ ..it should be clear that absent scientific information on the structure and function of large marine ecosystems, management will be forced to be based mainly on socio- economic factors and value choice, and will operate in a vacuum, thus doomed to failure.’ (Carleton-Ray, 1999, p. 613)

The connection between understanding of eco-systems and development of management regimes is not new, but uptake of the concept has been slow. However, it is now accepted that in order to meet the requirements of the CBD, the application of an ecosystem approach to sustainable development is required (Rogers et al., 2007). However it can be argued that the use of this approach by itself may not provide the complete solution with respect to protection of the marine environment as there is also a necessity to account for the needs and views of various stakeholders, whilst at the same time understanding and accounting for the multitude of interactions and the many strata of governance that exist within the marine environment. By its very nature the ecosystem approach is generally orientated to a specific place or area and concentrates on impacts that affect the ecosystem in question. Whilst this is a great improvement on specific management to protect species or sectoral issues it is still somewhat limited.

4.3 Monitoring and Management

Traditional approaches to monitoring of the marine environment invariably concentrated on collection of data that measured a particular indicator, which in turn would be used to measure and evaluate performance against specific targets such as those set by national or international policy; in other words to demonstrate compliance (Hardman-Mountford, et al., 2005). The limitations of this approach are self-evident; whilst over time they may well indicate trends, they do not necessarily give an understanding of how or why changes have taken place. These shortfalls can be addressed to a degree by the use of ‘state indicators’, which consist of a series of indicators that when analysed in conjunction with each other can give a fuller picture of

36 the current state of the marine environment. Through the identification, appropriate selection and measurement of biological or physical indicators for the current state of a particular ecosystem, management plans can be developed and put in place in order to achieve the desired state (Rogers & Greenway, 2005). One short coming of this approach lies in the fact that should changes occur, the actual reason why may remain unclear (Hardman-Mountford, et al., 2005). Research demonstrates that in some instances the failure to recognise which elements of the management plan have been responsible for any changes in state, can be responsible for false hope or hide underlying issues, (ibid) which may lead to a somewhat laissez faire attitude to future management of the area. Understanding of the reasons for change of state should be seen as key to the success of any protective mechanism. Therefore the need exists to identify and understand the causal effects of change, in order to take action and to develop long-term strategies and objectives. This implicitly requires that both spatial and temporal elements are included within any monitoring and management programme.

The need to account for variability’s within and between marine ecosystems and to incorporate and account for issues relating to time, space and scale are key to the development of appropriate and effective assessment, monitoring and management plans for the marine environment. The use of an ecosystem approach that incorporates adaptive management and a more comprehensive and holistic approach to monitoring could address some of the issues identified. However, in order to understand why change is occurring there is a need to account for external influences that impact on the environment, a move away from purely scientific data collection. One such approach that can help achieve this is through the use of the pressure, state, response (PSR) framework.

4.3.1 Pressure, State, Response framework

The PSR framework works on the principle that human activities cause pressure on the environment, which in turn can change the state of the environment and in order to deal with these changes society responses to them. This response is mainly achieved through policies or actions to reduce the pressures and hence the environmental damage caused by them. Key to the success of the use of the PSR framework is that the chosen

indicators are not random, but are carefully identified from a clear rationale; this also makes the framework highly adaptive to any given area or set of conditions.

37 Figure 3. Relationship between Pressure, State & Response .Adapted from (Defra, 2009)

4.4 The role of Marine Spatial Planning

Traditionally marine space has been managed on a sector by sector basis, with clear delineation of management and policy development between various activities such as fisheries, shipping, aggregate extraction, tourism, oil and gas exploitation etc. This sectoral approach can lead to misunderstanding and poor management, particularly with respect to areas where unrelated activities impact on each other. Consequences of a sectoral approach can be identified as:

• A spatial and temporal overlap of human activities and their objectives, causing conflicts (user–user and user–environment conflicts) in the coastal and marine environment.

• A lack of connection between the various authorities responsible for individual activities or the protection and management of the environment as a whole.

• A lack of connection between offshore activities and resource use and onshore communities which are dependent on them.

• A lack of conservation of biologically and ecologically sensitive marine areas.

• A lack of investment certainty for marine developers and users of ocean resources

(Douvere, 2008, p. 262)

PRESSURE