Towards an Effective Legal Framework for Marine Protected Areas in Fiji – Policy and Law Discussion Paper
Executive Summary
Background, purpose and methodology
In 2005, the government of Fiji committed to protecting at least 30% of Fiji’s marine areas using ‘comprehensive, ecologically representative networks of MPAs [marine protected areas], which are effectively managed and financed’.
In order to establish a comprehensive and ecologically representative network of marine protected areas (MPAs), Fiji must first have in place a suitable legal framework, that is, appropriate policies and legislation.
The purpose of this paper is to support the development of a comprehensive legal framework for the establishment and management of an effective network of MPAs in Fiji which is based on science and suited to the Fiji context.
MPAs are not just aimed at limiting fishing activity but also promote a whole range of potential uses that address critical issues such as: food security, resilience to natural disasters and adaptation to climate change.
To create a network of MPAs suited to the Fiji context is a significant challenge that will not be achieved through law reform alone, as it requires a multi-disciplinary approach and involves consultation and agreement with communities, the Ministry of Fisheries, NGOs, fisheries experts, economists and lawyers, amongst others.
It is also crucial to understand, respect, and work within, Fiji’s unique law and governance context that includes the recognition of traditional rights, communities and artisanal fishers.
Ultimately, as decisions to create MPAs will affect existing user rights, they can only be developed through a consultative process that takes into account the views and concerns of those who will be affected.
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