Institutions and coastal protection

It is well-acknowledged that political institutions “affect the resilience of the environment.”²²³ For instance, one study has shown that authoritarian regimes are more inclined to enact less stringent environmental standards than their democratic counterparts.²²⁴ Moreover, the debate over the effectiveness of institutions in managing protected areas, as well as the need for governmental intervention and supervision over the environment and common-pool resources, all have various case studies that can prove its successfulness or lack of thereof. Currently, academic discourse is widely arguing that there is an overreliance on stick-figure models and the ‘one-size-fits-all’

methodology and instead, an experimental, adaptive approach to environmental governance should be developed.²²⁵ After all, “simple solutions do not exist for managing complex ecologies;”²²⁶ no panaceas exist. Environmental institutions are thus much more than just champions of pro-environment movements; they are key authoritative bodies involved in superior planning to distribute resources such as manpower and funding for long-term, generations-ahead sustainability whilst at the same time attempting to the best of their abilities to meet these goals irrelevant of which party is ruling. Inevitably, the effectiveness of their operations faces obstacles from numerous fronts.

In Taiwan, there exists a mindset that the nation is a seafood country, not an ocean country,²²⁷ and subsequently, marine affairs have rarely been the focus of political or public concern.²²⁸ It is not until 2001 that the Executive Yuan published the first ‘Oceans White Paper’ to introduce the national guidelines for maritime management and policy-making. It stated that Taiwan is an ocean nation that relies on the seas for its existence and development.²²⁹ The second White Paper was promulgated five years later and was broadened to include such themes as international rights, the

223 Thomas Dietz et al., 2003, ‘The Struggle to Govern the Commons,’ Science 302:5652, New Series, Dec. 12, 2003, p. 1907.

224 Roger D. Congleton, 1992, ‘Political Institutions and Pollution Control,’ in The Review of Economics and Statistics 74:3, August 1992, p. 421.

225 Ostrom 2008:28.

226 Ibid.

227 Appendix 3 (Interview with CPA).

228 Yi-Che Shih, 2017, ‘Coastal Management and Implementation in Taiwan,’ Journal of Coastal Zone Management 20:1, p. 1.

229 Jim Hwang, 2014, ‘Blue Revolution,’ Taiwan Today, 1 February 2014. Accessed 20 May 2017.

http://taiwantoday.tw/news.php?post=23734&unit=12,29,29,33,45

environment and resources, and cultures and scientific research.²³⁰ In 2008, President Ma Ying-jeou of the KMT proposed to create ‘a blue revolution’ and to seek ‘prosperity from the ocean’ whilst moving away from the nation’s ‘land power mentality.’²³¹ Another key element of President Ma’s policy was to create a unifying authority over maritime affairs that would safeguard national interest; this call to establish a specialized agency that would be responsible for ocean activities had been promulgated since 2000, and was similarly visible in academic publications.²³² In the end, however, the proposed ‘Ministry of Marine Affairs’ was followed by the setup of the ‘Ocean Affairs Council’ (OAC). Instead, the Construction and Planning Administration took on an active role in coastal protection and management.

Within the Republic of China government, the Construction and Planning Administration (CPA) was established under the Ministry of the Interior in 1981 and is currently the lead agency in coastal zone management. The CPA was designated to design the Coastal Zone Management Act, which came into force February 2017. The coastal zone planning and management principles are as follows:

1. Prioritize the conservation of natural coasts and maintain the coasts’ natural dynamic balance.

2. Protect natural and cultural heritage in coastal zones, maintain coastal landscape and field of vision, and plan functionally harmonized land use.

3. Conserve coral reefs, algal reefs, sea grass beds, estuaries, lagoons, sand bars, sand dunes, sand beaches, mud beaches, cliffed coasts, capes, mangroves, coastal forests, and other sensitive areas to preserve the integrity of their habitat and environment, and regulate human activity to achieve ecological conservation and coastal landform preservation.

4. Disaster prone coastal zones shall adopt indented buildings or adjust its land use in response to climate change and the risk of coastal disaster.

5. Avoid building new waste landfills in coastal zones. Existing sites should be reviewed as part of integrated coastal zone management plan. When necessary,

230 Shih 2017:6.

231 Hwang 2014.

232 See: Yi-Che Shih, 2017, ‘Coastal Management and Implementation in Taiwan,’ Journal of Coastal Zone Management 20:1; Rong-Kang Shang and Chang-Yi David Chang, 2004, ‘Problems and Issues with Integrated Coastal Management in Taiwan – A Case Study of Kaohsiung County,’ Islands of the World VIII International Conference ‘Changing Islands – Changing Worlds,’ 1-7 November 2004, Kinmen Island, Taiwan.

a budget should be prepared to sequentially remove existing sites or adopt other improvement measures, so as to maintain public security and the environmental quality of coastal zones.

6. Coastal zones shall preserve public access and public use rights, avoid exclusive use, and protect existing rights.

7. Development of coastal zones shall give consideration to the impact on and development of surrounding areas, so as to reduce the damage to coastal zones.

8. Preserve the traditional wisdom of indigenous peoples, protect traditional settlements, cultural heritage, and space used for celebrations and rituals in shore land area, so that resource use will be sustainable and cultural heritage may be preserved.

9. Establish a public participation system for decisions concerning coastal planning to improve coastal protection and management performance.²³³ This newly enacted act will also implement integrated coastal zone management (ICZM). Although the term lacks a strict definition, the central idea is that it is a resource management system that employs an “integrative, holistic approach and an interactive planning process in addressing the complex management issues in the coastal area.”²³⁴ The European Commission adds:

Integrated coastal management covers the full cycle of information collection, planning, decision-making, management and monitoring of implementation. It is important to involve all stakeholders across the different sectors to ensure broad support for the implementation of management strategies.²³⁵

In general, the ICZM encourages collaborative governance among various stakeholders. The Ministry of Interior is to announce the ICZM plan within two years after the Coastal Zone Management Act had come into effect, so until 2019.²³⁶

Despite the novelty of the act, its creation is the result of cumulative, substantial effort on the backdrop of political change. As previously mentioned, the ruling party

233 ‘Coastal Zone Management Act’, Chapter 2: ‘Coastal Zone Planning,’ Article 7. Document provided by CPA.

234 Thia-Eng Chua, 1993, ‘Essential Elements of Integrated Coastal Zone Management,’ Ocean and Coastal Management 21:1-3, p. 83.

235 ‘Integrated Coastal Management.’ Accessed 20 May 2017.

http://ec.europa.eu/environment/iczm/index_en.htm

236 ‘Coastal Zone Management Act,’ Chapter 5: ‘Supplementary Provisions,’ Article 44. Document provided by CPA.

has direct influence over the orientation of political institutions. As the heads of ministries are representatives of the government, election results often bring about changes in the administration. Such transitions pose a threat to policy or project continuity, as ministry heads may change the priorities of their respective organizations.

To counter this, the CPA passed the Coastal Zone Management Act through the Executive Yuan, making the act less susceptible to the reshuffling of cabinet members and whims of party leaders.²³⁷

Furthermore, the Fisheries Agency (FA) is an important stakeholder in inter-governmental relations. The FA was formed under the Council of Agriculture in 1998 and is responsible for a wide range of divisions, including fisheries regulations, deep-sea fishing, aquaculture, and redeep-search and development.²³⁸ The agency also plays a role in drafting policies on marine protected areas (MPAs), a key example of institutional progress vis-à-vis ocean governance. In 2014, FA estimated that the total coverage of MPAs in Taiwan was 30,916 km², including: (1) prohibited entry or impact zones (591 km²); (2) zones where harvesting is prohibited (2,952 km²); and (3) multi-functional use zones (27,374 km²).²³⁹ Overall, conservation efforts within MPAs had grown steadily over the years, with a few achievements enumerated below:

1. In 2007, Taiwan’s first national park that focused on coral reef conservation was formally announced by the Ministry of Interior and named the Dongsha Atoll National Park.²⁴⁰ The area possesses the largest seagrass bed in Taiwan, with a coverage of over 1,185 hectares, serving as a prime shelter for juvenile nurseries. In 2011, 679 fish species have been documented in Dongsha Atoll, including the discovery of the smallest reef fish in the world, the Trimmatom- nanus. Indeed, it is a rich habitat for a number of fish species and coral, as well as a source of food for the Green Turtle nestling on Dongsha Island. ²⁴¹

237 Appendix 3 (Interview with CPA).

238 Accessed 30 May 2017. https://www.fa.gov.tw/en/AbFaMission/index.aspx

239 ‘Looking over the Marine - National Parks’ Coral Reef Checks.’ Accessed 30 May 2017.

http://np.cpami.gov.tw/np-quarterly.html?view=endetail&catid=44&id=524&ls=1

240 ‘Taiwan,’ Atlas of Marine Protection. Accessed 30 May 2017.

http://www.mpatlas.org/region/nation/TWN/

241 ‘Achievements of Taiwan’s Marine Protected Areas.’ Accessed 30 May 2017.

http://faweb.fa.gov.tw/en/WorldOceansDay/content.aspx?id=3&chk=e18b2aa9-f67e-4a67-84d1-4367f00160b9&param=pn%3D1

2. The Kenting National Park, Taiwan’s oldest national park, covers around 152 km² of sea and contains more than 200 species of coral and 1,382 species of fish. Importantly, local projects such as sea cleaning and the dismantling of fish nets and other illegal fishing gear went a long way towards limiting the threat to coral reefs from direct damage.²⁴²

3. The Ludao Fisheries Resources Conservation Area in Taitung County is part of the prohibited harvesting area. 119 species of fish have been documented alongside various species of lobsters, echinoderms, crinoids, mollusks, and algae. In 2007, the Coast Guard Administration under the Executive Yuan established the Ludao Conservation Squad. The Squad’s purpose was to protect the marine environment and resources, crack down on illegal coral collection, and ensure the proper upholding of the Fisheries Act and other ordinances.²⁴³ 4. As with the above, the Liuqiu Fisheries Resources Conservation Area in Pingtung County prohibits any form of harvesting, with management and surveillance carried out by the Coast Guard Administration. The area has rich coral reef biodiversity.

5. The Taiping Island Sea Turtles Nesting Refuge is an important conservation zone with limited anthropogenic disturbances. The island serves as an important nesting ground for green turtles and other endangered species, and the surrounding coastal waters contain circa 300 species of coral and 515 species of fish. Moreover, research conducted during field studies on the island have contributed to international studies on the natural resources of the South China Sea.²⁴⁴

Despite many achievements, numerous challenges remain within coastal protection. Firstly, one of the most obvious issues is the free-rider problem, with certain stakeholders interested in protecting and maintaining an area and others reaping the benefits. That is to say, while all the stakeholders may share the benefits of an area, the incentives at work to enforce effective protection is distributed unevenly. Secondly, another problem that is prevalent in Taiwan is that the mere passing of a law does not

242 Ibid.

243 Ibid.

244 ‘Taiping Island: Key site in ROC’s territory in South China Sea,’ eureporter. Accessed 30 May 2017. https://www.eureporter.co/world/2015/07/31/taiping-island-key-site-in-rocs-territory-in-south-china-sea/

mean its practical implementation. Lax management and weak enforcement coupled with low fines that do not hinder violators are often cited as one of the biggest obstacles towards proper coastal protection. What is more, job promotions often depend on a point-based accumulation system, and preventing illegal fishing practices does not deliver the same benefits as, for instance, catching drug smugglers.^245,246 There is thus no incentive system in place for Taiwan’s coast guards to properly enforce fishing laws.

Significantly, there is a clash of stakeholder interests between the government, fisheries, and environmentalists. The government represents the interests of the fishermen at the expense of sustainability.²⁴⁷ Firstly, local fisheries use industrial gillnets to prioritize yield, with governmental subsidies financially supporting the industry. On the one hand, this is done to maximize profits, especially as it is harder to make substantial catches in overfished seas. Once again, the livelihoods of entire families depend on sea resources. On the other hand, however, as these resources are over-exploited, the fish species are becoming smaller and their quantity decreases annually. Ironically, the fish caught through use of industrial gillnets are sold at a lower price, as they will have incurred significant damage. Another worrying occurrence is the all-too-frequent bycatch that ‘was not meant to’ be taken in by the fishing boats.

This includes fish species such as the sunfish, which is categorized as a vulnerable species. Various sharks are similarly caught, with their fins sold at the highest price. In 2012, the annual catch of sharks in Taiwan ranged between 30-50 thousand tons, which is estimated to be about seven percent of the global catch.²⁴⁸ Overall, the dominant interests of fisheries hold a strong sway at the national level, with fishing boat subsidies and favorable regulations oriented around the industry at the expense of long-term sustainability goals.

Finally, there are numerous instances of the Taiwanese government seeking to advocate international standards despite not being a member of international organizations. For instance, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or CITES, is an international agreement between governments aimed at protecting wildlife against usually illegal and mostly

245 Appendix 3 (Interview with Dr. Lamuran).

246 Wei 2016.

247 Ibid.

248 Accessed 30 June 2017. http://www.fa.gov.tw/en/Policy/content.aspx?id=6&chk=d31158f7-fe41-44f9-bdff-e1bc3b79fe5a

exploited international trade in specimens of wild animals and plants.²⁴⁹ Although Taiwan is not a legal member of this agreement due to its political status, the government nevertheless takes steps to implement CITES in practice within its borders.²⁵⁰ However, problems with CITES for coral reef conservation exist, especially due to Taiwan’s inability to participate in the treaty and become a contracting party with access to resources and other benefits. Limitations exist with the enforcement of the regulations and punishment for breaking the law, particularly in situations where foreign nationals attempt illegal imports.²⁵¹

In conclusion, the environmental movement has seen renewed vigor in the institutional stages. New regulations to protect the coral reefs have been implemented, though their outcome is yet to be seen. On the national side, the matter of environmental protection as a national problem has become ‘politically correct’ and gained a degree of consensus among both parties despite political differences.²⁵² However, issues of enforcement and opposition from interest groups continue to challenge proper coral reef and coastal management. There also exists a lack of incentives to protect coastal regions, especially when short-term economic gains interfere. Overall, Taiwan’s environmental protection effort is an on-going process. Although significant advances have been made via new policies, there still exist great political hurdles for the two major parties to institutionalize marine protection despite their political agendas.

The next section will be a case study on the Great Barrier Reef (GBR) located in the coastal waters of Australia. A joint effort of the Australian and Queensland governments have set a very thorough, elaborate system in place which monitors the protection and management of the GBR. Annually, various publications are issued to show what has been done towards protecting and managing the environment, biodiversity, and heritage values of the GBR Region, from financial reports to sustainability programs setting goals and objectives decades into the future. The benefits of being an active member of the international community will be highlighted, a situation that is not accessible to Taiwan to the same extent. This case study will also

249 ‘What is CITES?’ Accessed 14 January 2017. https://www.cites.org/eng/disc/what.php

250 Edward Goodwin, 2013, International Environmental Law and the Conservation of Coral Reefs, London: Routledge, p. 229.

251 Govindasamy Agoramoorthy and Minna J. Hsu, 1999, ‘CITES Implementation through the Wildlife Conservation Law of Taiwan,’ Journal of International Wildlife Law and Policy 2:1, 26 Nov. 2009, p.

67.

252 Appendix 3 (Interview with CIP).

give insight into the social aspect of engaging local communities and indigenous peoples into coastal zone management plans, giving a potential blueprint for the case of Taiwan.