Chapter 11 - The law and marine protected areas: Different regimes and their practical impacts in England

Abstract

Two key legislative frameworks establish marine protected areas (MPAs) in EU waters – the EU Nature Directives and the Marine Strategy Framework Directive (MSFD). Here we contrast these frameworks, with a focus on England as a case study to explore how they are applied in practice. Overall, MPAs established under the Nature Directives (marine SACs and SPAs) provide a stronger legal framework for site designation and management than English Marine Conservation Zones (MCZs) that contribute to the UK's obligations under the MSFD. However, this strong legal framework is not always effectively implemented in practice. Further, MCZs do add to the effectiveness of the MPA network by providing protection for an additional, complementary range of marine features than the shorter list of key threatened habitats and species protected by the Nature Directives. The combination of both MPA networks promotes favourable conservation outcomes more effectively than either could achieve if operating in isolation.