Strengthening nature protection legislation
Protected areas are still under pressure. Focusing on enforcement of restrictions to ensure the effectiveness of nature protection is fundamental.
Specific Advice
Clear rules and strong enforcement are key for protected areas to safeguard biodiversity. In addition to protecting new areas and ecosystems, the status of existing protected areas needs to be respected and enforced.
There are different types of protected areas with different restrictions of activities. It should be assessed whether protection measures have the intended effects on the protected ecosystems, and pressures on the area should be monitored and assessed regularly.
Similarly, the use of exceptions or permits that are not in line with the protection status should be monitored to ensure that their use is limited. Offences or breaches of regulations and rules should be reported. Lack of enforcement can over time weaken the protection status.
Good to Know
Monitoring and progress reporting is key to understand whether environmental protection is adequately enforced and implemented.
It is necessary to allocate sufficient resources in terms of funding and personnel as well as training for effective management and enforcement.
Clarifying rules and regulations, for example through guidance documents can reduce misunderstandings and breaches due to lack of knowledge.
Clear division of responsibilities between the different authorities and governance levels is key to ensure enforcement.
Human well-being and access to nature is important, but it needs to be balanced with the effects of human activities and pressure.
Stricter types of protection are not always better, as less strict protection measures can for example cover larger areas. It is recommended to assess the need then assigning protection categories and ensuring that there is a mix of different types.
Context
The Nordic countries have committed to conserving at least 30 per cent of land, sea and inland waters by 2030 through the Kunming-Montreal Global Biodiversity framework. The Nordic countries already have many protected areas under their respective nature protection laws and in accordance with other international commitments such as the CITES.
Studies show that protected areas work well to safeguard biodiversity. But even protected areas are under pressure by human activities and land use change. There are different degrees of protection and permitted activities for different types of protection status. Some places, harmful activities such as trawling and intensive fishing is still permitted in marine protected areas. This is sometimes referred to as “paper parks” as protection exists more on paper than in practice.
Even when restrictions are in place, it can be too easy to make exemptions to the rules. One such example is the status of shore areas in Norway, where most applications for exemptions are granted although building in the 100-meter belt along the seashore and river systems is prohibited. While not all individual land use changes or minor breaches may seem very impactful, the continued degradation of nature becomes an accumulating problem and interventions can be non-reversible.
International reviews have found that while the number of environmental protection laws are increasing, many are impeded by implementation gaps and lack and of enforcement. Reports on breaches of environmental regulations show that some offences happen due to a complicated and unclear set of regulations. There is also a low risk of being caught and the penalties may not be very strict. There is little evidence that strict regulations in themselves are very effective, but if the law is often broken with little consequences this may reduce its legitimacy. Often, a combination of enforcement and guidance can be helpful.
It was mentioned by informants in the A-DVICE project that some rules are unclear or not strictly enforced. For example, the legislation on riparian zones in Norway is fragmented as several laws have requirements and thereby there are also several responsible authorities involved. This can be perceived as confusing. The fragmentation of frameworks for marine and coastal protection across different sectors was also highlighted by informants calling for better coordination of marine protection policies on a cross-ministerial level to ensure effective protection.
Examples and Cases
Nordic examples of the need to strengthen enforcement of environmental protection:
#NORWAY – Lobster reserves as a management tool
Studies on lobster reserves off the coast of Southern Norway show that a ban on such fishing in marine protected areas yielded good results. It started with four experimental lobster reserves in 2004. In 2006, fixed gear for lobster fishing was effectively banned and for the following 15 years the number of lobster reserves expanded to more than 50.
Long-term monitoring show positive effects on the lobster populations, including claw-size. The scientists argue that solid documentation of effects was a key factor for managers to consider lobster reserves and that interaction with local fishers and communities was important for the success of the reserves. Such pilot projects that allow for experimenting with adaptive management before scaling up is highlighted as a useful approach for creating acceptance and support for marine protection measures.
More information about the lobster reserves in Norway can be found here:
Scientific article: «Lobster reserves as a management tool in coastal waters: Two decades of experience in Norway» (Knutsen et al., 2022). https://www.sciencedirect.com/science/article/pii/S0308597X21005194
Popular science article: Protected areas for lobsters increase claw size (Norwegian Institute of Marine Research). https://www.hi.no/en/hi/news/2020/june/protected-areas-for-lobsters-increase-claw-size
#SWEDEN – Eelgrass meadows in the Gothenburg archipelago
In 2020, the City of Gothenburg decided to protect the remaining eelgrass meadows in the Gothenburg archipelago. The plan is to establish marine biotope conservation areas to protect the threatened ecosystem. It was argued by the Gothenburg building board that introducing protection is much cheaper, estimated to 400 000 SEK, than restoring.In 2023, a research group at the University of Gothenburg also received funding for developing new tools for restoration long-term protection of eelgrass meadows.
More information about the protection of eelgrass meadows in Gothenburg can be found here:
News article from Gothenburg university (in English): https://www.gu.se/en/news/research-on-eelgrass-receives-sek-14-million-from-formas
News article from Gothenburg university (in Swedish): https://www.gu.se/nyheter/viktigt-algras-skyddas-i-goteborg
#DENMARK Dune Conservation (Klitfredning)
Dunes and coastal dune heathlands are vulnerable habitats. The purpose of the dune conservation line is to preserve the Danish coastal areas as untouched as possible and to secure the great natural and landscape values linked to the coastal zone.
The protected area can typically be between 100-300 meters from the coast, up to 500 meters if there are problems with sand drift in the area. The conservation line is continually updated and interventions in these areas is illegal. According to the Danish coastal authorities, exemptions can be granted in special cases, but the administration of these provisions is very restrictive.
More information about the dune conservation in Denmark can be found here:
The Danish Coastal Authority: https://kyst.dk/kystzonen/klitfredning
Learn more
Guidelines for Applying Protected Area Management Categories
. Including IUCN-WCPA Best Practice Guidance on Recognising Protected Areas and Assigning Management Categories and Governance: https://portals.iucn.org/library/sites/library/files/documents/pag-021.pdfA Guide to Expanding Protected & Conserved Areas under the UN Global Biodiversity Framework.
This article presents six principles suggested in a scientific paper to guide governments in planning and ensure networks of high-quality protected and conserved areas. https://www.oneearth.org/guide-to-expanding-protected-and-conserved-areas-under-the-un-global-biodiversity-framework/Managing Tourism & Biodiversity. User’s Manual on the Cbd Guidelines on iodiversity and Tourism evelopment.
Published by the CBD (Convetion on Biodiversity) and UNEP (United Nations Environment Programme). https://www.oneplanetnetwork.org/sites/default/files/from-crm/180-145897fbf4636357c44dd3fc3831d2bf_tourism-manual-en.pdfInternational Obligations
Kunming-Montreal Global Biodiversity Framework
Ensure and enable that by 2030 at least 30 per cent of terrestrial, inland water, and of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem functions and services, are effectively conserved and managed through ecologically representative, well-connected and equitably governed systems of protected areas and other effective area-based conservation measures, recognizing indigenous and traditional territories, where applicable, and integrated into wider landscapes, seascapes and the ocean, while ensuring that any sustainable use, where appropriate in such areas, is fully consistent with conservation outcomes, recognizing and respecting the rights of indigenous peoples and local communities including over their traditional territories.
SDG 14.5 CONSERVE COASTAL AND MARINE AREAS
By 2020, conserve at least 10 per cent of coastal and marine areas, consistent with national and international law and based on the best available scientific information