The implementation of Wise Use Principle in Taiwan's Wetland Conservation Act

Transcription

1 The implementation of Wise Use Principle in Taiwan's Wetland Conservation Act Yiyuan (William) Su Department of Law, National Chung Hsing University, Taiwan

2 Conservation of biological diversity Wise Use 濕地法 ( 草案 ) 架構 Structure of Wetland Conservation Evaluation & Scoping on Wetland of Importance Planning Reviewing & Approval on Wetland Conservation and Utilization Plan Wise Use and Management on Wetlands Development prevention Impact Mitigation & Ecology compensation Act Core Concept structures Chapters Enforcement Rules Ch. 1 General Principles Ch.2 Evaluation, Changing & Cancellation on Wetland of Importance Ch. 3 Conservation & Utilization Plan on Wetland of Importance Ch. 4 Wise Use on Wetland of Importance Ch. 5 Development prevention Impact Mitigation & Ecology compensation Ch. 6 Wetland Label & Fund Ch. 7 Penalty Ch. 8 Appendix 1. Evaluation, Changing & Cancellation on Wetland of Importance 2. Public participation Authorized operation and management on public lands within wetland of Importance Development prevention Impact Mitigation & Ecology compensation Rules for Wetland Lable permit, management & operation of compensation Enforcement Rules Rules 10 Standards for Irrigation discharge reservoir warping charge input Rules for Operation permit fee collection 23 Rules of damage coverage Rules for Planning Reviewing & Approval on Wetland Conservation and Utilization Plan Operation Rules for Wetland Funds

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4 Wise use: Definition & Principle Article 4.4 Referring to a timely, fittingly, moderately and adequately sustainable utilization of the biological resources, water resources and land resources that is achieved in a compatible approach within the wetland ecological capacity to maintain the quality and quantity of wetland resources in a stable condition. Article 5 Wise Use Principle In a bid to maintain a sound and stable ecosystem for promoting a sustainable development of the overall environment and for strengthening the wetland conservation and restoration, government agencies of all levels and members of the general public shall make adequate management and wise use of the natural resources and ecological functions of wetlands to ensure a no net loss of the wetland. Natural wetlands shall be protected with priority, and the water resource system also maintained. Enhance the conservation of the wetland s plant and animal resources. Wetlands offering ecological network significance and its peripheral environment and landscape shall be adequately and comprehensively planned and maintained. In coordination with wetland restoration, flood prevention, flood retention, water quality purification, water resource conservation and utilization, landscape and recreation, an overall planning shall be promoted for the wetland system. If necessary, constructed wetlands may be created in proper areas by suitable means.

5 Enforcement Rule Article 6 Wise use items and management shall consider essential wetland conditions, issues and management to establish the following matters: Allowed utilization period, scopes and measures on biological resources. Allowed utilization and discharge location and standard on water resources. Allowed utilization behaviors, allowed land usage items, architecture and facilities on wetland system function zones. Other sustainable utilization given by other authorized agencies.

6 Ramsar Convention on Wetland, 1987 Wise Use, Article 3 1. The Contracting Parties shall formulate and implement their planning so as to promote the conservation of the wetlands included in the List, and as far as possible the wise use of wetlands in their territory. 2. Each Contracting Party shall arrange to be informed at the earliest possible time if the ecological character of any wetland in its territory and included in the List has changed, is changing or is likely to change as the result of technological developments, pollution or other human interference. Information on such changes shall be passed without delay to the organization or government responsible for the continuing bureau duties specified in Article 8.

7 Ramsar Convention COP 3 (1987), Recommendation 3.3 Definition of wise use: The wise use of wetlands is their sustainable utilization for the benefit of humankind in a way compatible with the maintenance of the natural properties of the ecosystem. Definition of ecosystem those physical, biological or chemical components, such as soil, water, plants, animals and nutrients, and the interactions between them. COP 9 (2005), Resolution IX. 1, Annex A Definition of wise use: Wise use of wetlands is the maintenance of their ecological character, achieved through the implementation of ecosystem approaches, within the context of sustainable development.

8 Key elements of Ramsar Convention Wetland of Importance Wise Use Sustainable utilization Ecosystem (provided by CBD) Ecological character Site-specific conservation measure.

9 Convention on Biological Diversity Biological diversity Genetic diversity Species diversity Ecosystem diversity CBD COP 5(2000), Decision 6 Methods to achieve biological diversity: ecosystem approach Ecosystem: water, land, living resources A strategy for integrated conservation and sustainable use in an adequate way. 12 principles of ecosystem approach

10 Ecological Character COP 9 (2005), Resolution 1, Annex A Definition Ecological character is the combination of the ecosystem components, process and benefits/ services that characterise the wetland at a given point in time. Conservation of Wetland of Importance. Maintenance of ecological character of wetland is key principle. Establishing management planning & monitoring mechanism are required.

11 Terms Used Comparison on Wise use Ramsar Wise use Taiwan Wise Use Sustainable utilization Sustainable utilization Ecological system Ecological character Biological resources Ecological functions Ecological capacity

12 Biological resources Flagship species Umbrella species Water resources( Quantity, Quality ) Temperat ure Land Adequate Period Adequate Location Adequate Quantity Fitting Character When does the flagship species appear? What is the estimated conservation duration? When does the umbrella species appear? What is the estimated conservation duration? What is current withdraw (discharge)season or time? What is fallowed withdraw (discharge) season or time in the future? What is current discharge season or time? What is allowed discharge season or time in the future? What is current time for utilization? Where the flagship species discover? What is the character of the habitat? What is the estimated conservation duration? Where the flagship species discover? What is the character of the habitat? What is the estimated scope of the conservation? What is current location for withdraw (discharge)? What is future location for withdraw (discharge)? What is current discharge location? What is allowed discharge location in the future? What is current scope of utilization? What is current amount of the monitored species? What is the future amount after conservation What is baseline? plan implemented? What is current amount of the monitored species? What is the future amount after conservation plan What is baseline? implemented? What is current withdraw amount? What is allowed withdraw amount after calculated? What is baseline? What is current frequency for utilization? What is current measure to utilize the flagship species? What is the future measure to utilize the flagship species? What is current measure to utilize the umbrella species? What is the future measure to utilize the umbrella species? What is current water quality? What is future goal after What is baseline? plan implemented? What is current average discharge temperature? What is baseline? What is allowed average discharge temperature in the future? What is current utilization type?? What is allowed wise use utilization in the future? What is allowed scope of wise use utilization in the future? What is allowed frequency for utilization in the future? What is allowed wise use utilization type in 12 the future?

13 Ramsar, Changes in Ecological character Step in flow chart Available guidance Describe ecological character Hbk15 Wetland inventory Hbk18 Managing wetlands, Section B Define ecological character maintenance management objectives. Develop management plan Implement management plan Hbk18, Section C Monitor ecological character Hbk18, Sections D & E Hbk13 Inventory, assessment & monitoring, Section V & Appendix Source: Handbook 19, Addressing change in wetland ecological character, Ramsar Handbook, 4 th edition, 2010.

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