Government of Canada Guidance for Recognizing Marine Other Effective Area-Based Conservation Measures 2022

Government of Canada Guidance for Recognizing Marine Other Effective Area-Based Conservation Measures 2022

What is a marine Other Effective Area-Based Conservation Measure (OECM)?

Under the United Nations Convention on Biological Diversity (CBD), an OECM is:

a geographically defined area other than a Protected Area, which is governed and managed in ways that achieve positive and sustained long-term outcomes for the in situ conservation of biodiversity with associated ecosystem functions and services and where applicable, cultural, spiritual, socio-economic, and other locally relevant values.

What are a marine OECM’s biodiversity conservation benefits?

Under the Government of Canada’s 2022 marine OECM Guidance:

a biodiversity conservation benefit (BCB) is the net positive change in biodiversity or prevention of its loss, resulting from the governance decisions and management actions within an area. This concept reflects the CBD’s outcomes approach to OECMs. The provision of BCBs, ensured through the effective avoidance or mitigation of risks, is fundamental to an OECM’s ability to deliver long-term biodiversity conservation in Canada’s oceans.

What are the guiding principles and why are they necessary?

The 10 guiding principles in this Guidance reflect various elements of the CBD voluntary guidance that are more abstract and do not translate into measurable assessment criteria. These principles promote national consistency in important aspects of the Guidance, such as recognition and respect for Aboriginal and treaty rights, fairness of application, and transparency. The following principles are applied to candidate OECMs as well as to OECM governance and management over the long term:

• 1. OECMs are complementary to Marine Protected Areas (MPAs).
• 2. OECMs contribute to conservation networks.
• 3. to 10. OECM decision making:
  • recognizes, respects, and upholds constitutionally protected Aboriginal and treaty rights
  • recognizes Indigenous and local knowledge and practices
  • recognizes and takes into account ecological, social, cultural and economic values
  • uses best-available knowledge and applies the precautionary approach
  • ensures transparency and accountability
  • takes into account equity
  • uses an integrated ecosystem approach, and
  • includes evaluation and adaptation

What are the criteria for recognizing a marine OECM?

These 5 criteria and sub-criteria (see A to E below) are applied to candidate OECMs as well as to OECM governance and management over the long term. The criteria integrate the CBD’s voluntary international guidance for OECMs and implement the Government of Canada’s 2019 marine OECM protection standard. This standard requires that existing or foreseeable activities conducted in federal marine OECMs continue to be assessed on a case-by-case basis to ensure that the risks to BCBs have been avoided or mitigated effectively.

1. The area-based measure being considered as a candidate OECM is in place for the long term. Its contribution toward marine conservation coverage (e.g. meeting marine conservation targets) can only be included once, either as an OECM or an MPA.
2. The candidate OECM is a spatially defined area and information on its BCBs is collected.
   1. B1. The boundaries, size and depth, where necessary, are defined and documented.
   2. B2. Existing or anticipated BCBs within the candidate OECM’s ecosystem are identified and documented. At a minimum, these must include:
      1. a benefit for an important species AND
      2. a benefit for an important habitat AND
      3. an additional benefit
   3. B3. The governance decisions and management actions in the area that provide the BCBs are identified and documented.
   4. B4. Information on the ecosystem functions and services in the area is collected and documented.
3. The candidate OECM is governed for the long term by a lead relevant governing authority (RGA) in coordination or co-led with other RGAs.
   1. C1. The RGAs have the jurisdiction to make and enforce long-term decisions with no end date.
   2. C2. The RGAs recognize and respect Aboriginal and treaty rights and consult rights holders.
   3. C3. The RGAs take into account the views of local communities and stakeholders.
   4. C4. The governance approach is tailored to meet the candidate OECM’s distinct needs and context.
4. The candidate OECM is managed for the long term by a lead RGA in coordination or co-led with other RGAs.
   1. D1. These authorities undertake long-term management actions that may be adapted, as necessary, over time.
   2. D2. Rights holders and stakeholders are encouraged to participate in the management actions.
5. The candidate OECM is governed and managed in ways that provide BCBs over the long term.
   1. E1. The OECM’s governance and management system is adaptive and effectively avoids or mitigates risks from existing and foreseeable activities to the BCBs that the OECM provides.
   2. E2. Monitoring is underway or will take place over time to provide the information to determine the ongoing effectiveness of the governance and management system in providing BCBs.
   3. E3. As it adapts, the OECM governance and management system continues to take into account ecosystem functions and services and other relevant values.

Who will apply this Guidance?

This Guidance must be applied to all marine OECMs recognized currently, or to be recognized in the marine environment by any federal department or agency. This Guidance may be applied by other RGAs within their jurisdictions and using their legal instruments to pursue OECM recognition.

How do OECMs support Indigenous conservation goals?

It is intended that OECMs support reconciliation with Indigenous peoples in a manner consistent with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). In this way, OECMs may provide opportunities for meeting Indigenous objectives and aspirations, and respect areas that have spiritual, cultural, or historical importance.