Situational Analysis of the Critical Aspects of Protected Areas Governance for the British Virgin Islands

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Situational Analysis of the Critical Aspects of
Protected Areas Governance for the British Virgin
Islands

• Prepared for the Workshop on Managing Protected
  Areas in Times of Change Threats, Opportunities,
  Leadership in the Eastern Caribbean.
• Anguilla
• November 14 17, 2006

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The existing protected area governance situation
(Who is involved?  Who holds the decision-making
authority and responsibility?  Who is accountable
to whom? What structures, institutions and
relationships are concerned?  How do they
function?)

• Designation of Protected Areas can occur under
• the Fisheries Act (1997) whereby Fisheries
  Protected Areas and Marine Reserves can be set
  aside.
• the Physical Planning Act (2001) whereby
  Environmental Protection Areas, which are
  adjacent to development projects can be set
  aside.
• National Parks and other Protected Areas can be
  established under the National Parks Act, No. 4
  of 2006 which repealed Chapter 243 of 1961 and
  subsequently amended in 1986.
• Management Authority over these areas is
  fragmented however, this presentation will focus
  on the contribution of the National Parks Trust
  to the management of Protected areas through the
  recent passage of comprehensive legislation to do
  so.
• The National Parks is governed by a recently
  updated act the National Parks Act No. 4 of
  2006 which was enacted after broad consultation
  and review by major sectors of the community.
• The Act requires participation of civil society
  in the formulation of policy related to the
  management of the Trust. In particular, the
  public is to be engaged and consulted in the
  formulation of Management Plans prior to their
  submission to the Board of the National Parks
  Trust and subsequently, the Ministry of Natural
  Resources Labour.

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The existing protected area governance situation
(Who is involved?  Who holds the decision-making
authority and responsibility?  Who is accountable
to whom? What structures, institutions and
relationships are concerned?  How do they
function?)

• The Boards composition, which is determined by
  the Minister in consultation with Executive
  Council, is comprised of
• One representative each from the major islands
  within the group (Tortola, Virgin Gorda, Anegada
  and Jost Van Dyke)
• Three representatives from the business community
  with interests in recreational or tourism
  activity (marine, hotel, restaurant, taxi,
  travel, fishing and dive industries)
• Three persons with knowledge or experience in the
  fields of biodiversity conservation, ecology,
  cultural heritage, marine archaeology,
  architecture or historic preservation
• The Director

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The existing protected area governance situation
(Who is involved?  Who holds the decision-making
authority and responsibility?  Who is accountable
to whom? What structures, institutions and
relationships are concerned?  How do they
function?)

• The Board holds decision-making authority and
  responsibility and is accountable to the Minister
  of Natural Resources and Labour.
• Institutional arrangements for the co-management
  of marine resources exist with members and
  institutions within the marine industry through
  the Marine Conservation Programme.
• The Act (section 18) requires the formation of a
  Scientific Committee which will be responsible
  for advising the Trust on matters pertaining to
  the formulation of Management plans, status of
  endangered species, monitoring plans for various
  aspect of park management, the creation of new
  protected areas and threatened and vulnerable
  species.
• The Act empowers the Trust to create
  International Protected Areas as Trans-boundary
  Protected Areas, Biosphere Reserves or World
  Heritage Sites

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The protected area governance goals (What are the
values, principles, approaches and goals
underlying the system?  Can those be better
served by an improved governance system? )

• The values and overarching principles underlying
  the system are principally articulated in Section
  13 Establishment of Protected Areas
• The parks and other protected areas established
  under this Act are hereby dedicated to the people
  of the Virgin Islands for their benefit,
  education, and use, subject to this Act, and they
  shall be maintained, conserved, restored, and
  used so as to leave them unimpaired for the
  benefit of future generations.
• The approaches to governance and management are
  based on IUCN principles of classification which
  enshrine the determination of the overall goals
  to be met by individual parks and protected areas
  upon declaration. Each park is classified using
  the existing classification scheme which is
  articulated in the Act under Section 15.
• The Act under Section 16 grants the right to
  enter into Conservation Agreements which may
  include public or private lands, so long as the
  management objectives and terms are compatible
  with biodiversity or cultural conservation
  principles. Section 32(1) specifically outlines
  the following

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The protected area governance goals (What are the
values, principles, approaches and goals
underlying the system?  Can those be better
served by an improved governance system? )

• The Trust with the approval of the Minister may
  make a cooperative agreement with other public
  authorities, non-governmental organisations, or
  other persons, whether local, regional, or
  international, for the purposes of management or
  co-management of specific tasks under this Act,
  including development or implementation of all or
  portions of a management plan.
• The management of Conservation Agreements is
  detailed in Part VI (Section 41-49).
• Section 25 of the Act requires the Trust to
  consult and take into account feedback received
  through the process in the formulation of
  Management Plans for all Protected Areas.
  Consultation is to include public authorities,
  especially those with conservation and planning
  responsibilities and the general public. The
  Director shall
• give notice of the preparation of the draft
  management plan to any public authority that the
  Director knows is likely to be affected by the
  plan and
• give public notice of the preparation of the
  draft management plan by publishing a notice in
  the Gazette and in a newspaper published and
  circulated in the Territory and
• submit it to the Scientific Committee for its
  advice.
• Moreover, public meetings must be held to receive
  comments and forward such as part of the plan.
  Plans are eventually vetted and approved by the
  Board and by Executive Council.

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The desirable changes in protected area
governance (What needs to be modified for the PA
governance system to function more effectively
and efficiently?  Who can take action? How?  With
whose help?  With what resources?)

• In light of the recent passage of the Act, the
  governance system will not be modified in the
  near future.
• Implementation of the principles and structures
  related to governance must be worked out in
  system-wide, strategic and management plans.
  Identification of the human, technical and
  financial resources required to effectively
  manage the processes previously outlined must be
  undertaken.
• Management plans are required for a number of
  Protected Areas in the British Virgin Islands
  which will engage the public sector and civil
  society.

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The strengths and weaknesses of existing
protected areas management arrangements, and the
opportunities and threats to these protected
areas, especially from climate change.

• Marine elements of the existing Protected Area
  system have not been formally declared however,
  active management of coastal and marine areas is
  currently taking place. The System Plan for
  Protected Areas in the British Virgin Islands
  awaits approval and adoption.
• Management plans for areas under current
  jurisdiction are lacking. Management plans must
  be drafted within three years.
• It is too early in the process, subsequent to
  passage of the Act, to evaluate the strengths and
  weaknesses of the existing protected areas
  management arrangements emerging from the Act.
• Former methods of governance were informal and
  not always adhered to (consultation) with varying
  degrees of awareness and acceptance of management
  approaches by stakeholders.

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Information resources and tools to empower
stakeholders in effective decision-making

• The Act prescribes the manner in which
  stakeholders are to be included in the process of
  decision-making through the formulation of
  management plans, amongst other tools.
• As a statutory body, the Trust does not have an
  Annual General Meeting requirement, as other NGOs
  may have as part of their constitution. However,
  an annual Protected Area forum is proposed as a
  mechanism to discuss emergent issues.

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The possibilities of other governance types
(private/public partnerships, private protected
areas, and community conserved areas, etc), have
any lessons been learnt or documented?

• Private/public partnerships and private
  conservation areas are possible within the
  context of the new Act.
• Awareness building activities are required to
  sensitise landowners with critical natural and
  cultural assets of the new opportunities and
  benefits to be afforded by the aforementioned
  management approaches related to conservation
  agreements.