Lençóis Maranhenses National Park

Decision-making related to resources and regulation of activities, including subsistence agriculture and aquaculture, crafts, solar power, etc., is ensured through participatory mechanisms, such as through the LMNP Council and the newly introduced Terms of Commitment (IUCN, 2024). However, despite the existence of legal instruments and agreements, there are deficiencies and limitations related to the recognition and respect of the rights and traditions of local communities linked to their livelihoods, as well as the limitation of the demand for rights by other actors such as tourism operators and real estate companies. There are still unresolved issues related to the way of life of local communities that represent a latent conflict (Terra, 2024; Terra and Viana, 2021; Viana and Terra, 2021; Castro, 2020).

There is a strong multi-layer legal framework to support the conservation objectives and goals of the area. The legal framework encompasses the intervention of institutions from the federal to the local level, and specific regulations and laws focused on particular ecosystems, natural formations and/or natural resources in need of special treatment for conservation purposes, are in force. The legal framework is very well described in the nomination document and in the IUCN Technical Evaluation (State Party of Brazil, 2023; IUCN, 2024). The property is protected as a National Park, legally established in 1981, under IUCN Management Category II and under the administration of the federal protected area agency (ICMBio), linked to the Ministry of Environment and Climate Change. It is part of the National System of Protected Areas (SNUC) and belongs to a regime of integral protection.

In addition to the SNUC regulations, the Native Vegetation Protection Law defines protected areas in rural areas that need to be maintained with their natural and protected vegetation cover. The Law establishes protective measures for environmentally sensitive areas, such as riverbanks, springs, hilltops, and vegetation. Furthermore, the property is surrounded by the so-called Permanent Protection Areas and Legal Reserves, which are particularly relevant for the Cerrado where every rural property or settlement project has to maintain native vegetation in 30% of its area, serving as buffer zones to provide an additional layer of protection to the property’s attributes. At local levels, the property is also protected by municipal legislation related to infrastructure, land-use planning and public use, especially in Barreirinhas, including environmental licensing. 66% of the buffer zone is managed as protected areas for sustainable use, whereas most of the marine section of the buffer zone is not a formal protected area. However, measures to ensure connectivity and additional protection are mostly needed on the terrestrial part of the property, where the attributes of the proposed OUV can be found. The marine areas are regulated through the Ecological Economic Coastal Zoning (ZEEC) and the National Coastal Management Plan (NCMP). The ZEEC establishes environmental goals and guidelines in marine spatial planning and supports monitoring, licensing, inspection, and environmental management. The NCMP is designed to regulate and protect the use of existing resources on the Brazilian coast. In view of potential future impacts, for instance from tourism, it is recommended that the protection status of the entire marine part of the buffer zone is strengthened (IUCN, 2024).

There are various reports and studies pointing to anthropic negative environmental impacts, mainly resulting from the tourism industry (Conexaoplaneta, 2023; Ravelo et al., 2019; Amaral et al., 2019; Saldanha et al., 2024; Melo, 2024), which suggests that the legal framework is not functioning properly, particularly with regard to the enforcement, monitoring and follow-up components of the laws and regulations aimed at ensuring the conservation and proper management of the site. Therefore, the implementation of the legal framework needs further strengthening.

The site has a clear, well-defined governance structure that provides for broad institutional and social participation. Governance and participatory approaches are ensured both for governmental decision-making at various levels and for the users of the property, through at least two instances: the PNMB Council and the Lençóis-Delta Regional Governance Instance. There is an intention to improve coordination between the different levels of governance through actions led by ICMBio and the Ministry of Environment and Climate Change (State Party of Brazil, 2023). An important conclusion of the IUCN Technical Assessment is to improve governance, monitoring and enforcement of rules and regulations as the demand for tourism increases. There is evidence of abuses within the site through tourism activities. Furthermore, there is evidence pointing to a substantial limitation of resource use rights among resident communities whose livelihoods, traditions and way of life is closely linked to the use of the territory and natural resources (Aragão et al., 2024; Borge, 2024; Pereira, 2023; Gomes, 2017; Terra, 2017; De Castro, 2021; Castro, 2020; Parlamento Brasil, 2023). Therefore, it is important to reassess the governance arrangements in the site because the current model does not appear to benefit all actors linked to the site and while some are taking advantage of the arrangements, the rights of some other important actors are being severely curtailed.

The site is integrated at national, regional and local level through institutional articulations, federal, regional and municipal laws and regulations, as well as through the planning of the use and management of the site with a focus on integration in the economic and tourist circuits of the three zones. In addition, there is a set of other planning instruments such as the ecological and economic macro-zoning of Maranhao that helps to integrate the area into territorial public actions and policies, as well as with civil society, to integrate their interests around a pact for the management of the territory (State Party of Brazil, 2023).

However, this integration seems to be favouring the economic interests of the tourism industry, which, to some extent, has boosted real estate speculation within the area and led to some social conflicts (O imparcial, 2024; Agência gov., 2024; Vol., 2024; O imparcial, 2021). While the most important values of the site are expressed through the visual appreciation of its exceptional natural beauty, which has led to the development of an important tourism dynamic, the site as a whole articulates other important values on which the ecology and biodiversity of the site depend. This complex web of phenomena is not reflected in the integration process, with tourism seemingly shaping the site's planning and use, while other components of the site's governance, such as the reality that local communities are forced to face, are not as strongly considered. It is important to re-evaluate the site integration process to achieve greater effectiveness in terms of balancing conservation objectives with other components of site governance, such as respect for local customs and livelihoods, and consideration of the social and economic context of the local population beyond the opportunities linked to the development of tourism initiatives.

The boundaries of the Park are well defined and it has a buffer zone that seems to work well in promoting the protection and conservation of the values of the site. The property boundaries cover an area of 156,562 ha and encompass almost entirely the Lençóis areas (90,000 ha of dune fields and temporary and permanent lakes) except for some dunes which have moved outside the boundaries in Santo Amaro after the designation of the national park. These areas have however been designated under municipal protection regimes to ensure coherence in protection. The LMNP boundaries also include some non-dune ecosystems important to the integrity of the property, including parts of rivers, coasts, mangroves, and Caatingas. The interplay between these elements and the dune system are part of the processes constituting the OUV. These areas also play a conservation and buffering role for the attributes of the OUV already within the property. The property therefore benefits from a boundary design that ensures its integrity. In addition, the buffer zone covers an area of 268,231 ha fully surrounding the entire property. The terrestrial part of the buffer zone is mostly covered by Caatinga and Cerrado-type vegetation, which ensure an ecological buffer effect between the ecosystems of the LMNP and more urbanised areas. The Permanent Protection Areas and Legal Reserves outside the property play a fundamental role for the protection of the buffer zone and beyond. The marine section of the buffer zone provides an additional layer of protection straddling along the coast with a mostly uniform width of around 10 km. The property therefore benefits from a complete buffer zone that provides an additional layer of protection (IUCN, 2024).

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The State Party has been responding to all the requests from advisory bodies and the World Heritage Committee. However, regarding recommendations such as those included in the IUCN Technical Assessment, it is still early to assess the effectiveness of implementation.

There is no specific climate action plan for the site. In fact, nothing related to climate change prevention or mitigation has been found on across various sources of information. There is a Brazilian National Climate Change Plan published in 2008 which is in the process of being updated and the new version is expected in 2025. There is evidence showing the effects of climate change in and around the site and the forthcoming consequences if global warming persists (dos Santos et al., 2023; Tebaldi et al 2021; Cunha, 2020). It is therefore important to have a climate change prevention and mitigation plan for the site, as changes in rainfall frequency and intensity may potentially impact the outstanding values of the site.

The current management plan of the LMNP was developed in 2003 and has been updated in 2022. It includes 15 objectives and a zonation comprising four zones: The ‘Primitive Zone’ is mainly dedicated to preservation of natural values and scientific research. The ‘Extensive Use Zone’ intends to conserve natural values with minimal human impact. These first two zones cover the vast majority of LMNP’s area. The ‘Intensive Use Zone’ comprises two separate areas for the visitor centres and other facilities. Lastly, the ‘Special Use Zone’ is dedicated to the LMNP administration, maintenance, and services. These latter two zones cover a very small proportion of LMNP. The fifteen specific goals include the protection of an ample array of natural values, biodiversity and ecosystems within the site, as well as the opportunity to develop scientific studies, local and regional development through the sustainable natural resources and environment use (MMA and ICMBio, 2023).

The updates to the management plan were based on the results of management effectiveness assessments under the State Party’s Management Analysis and Monitoring System (SAMGe). According to these assessments, LMNP has continually increased its performance over the past years. The management plan aligns with municipal, state, and federal plans and guidelines, such as the National Coastal Management Plan and the Municipal Land Use and Zoning Law. While it is within ICMBio’s mandate to implement the management plan, it receives support from the governor’s office and the three mayors’ offices (IUCN, 2024).

The LMNP is well equipped with all-terrain vehicles, four-wheel drives, and a helicopter from the regional coordination section of ICMBio. However, there are staffing shortages limiting their capacity to respond to various demands from the community, with a number of requests going beyond the ICMBio mandate. Current staff and resources are primarily assigned to administrative or surveillance work, with limited capacity to monitor biodiversity values. However, new permanent positions are being allocated, and additional support personnel on fixed-term contracts are being hired so the situation is expected to improve, with anticipated staff increase from 17 to 24 in addition to short-term contractors (IUCN, 2024).

The continued growth of the tourism industry and its consequences in other economic areas support the need for further improvements in law enforcement and monitoring. There are a number of issues that will need special attention from ICMBio and the regional and municipal authorities supporting the management of the site (Euler, 2024; Aguiar, 2021; Santana, 2023; Camargo, 2023; Parlamento Brasil, 2023; O Imparcial, 2024; Agência gov., 2024).

The site has several sources of funding: donations from private actors, its own annual budget, benefited by the Federal Law N° 13,668 known as the Environmental Compensation Law and other economic resources invested in facilities and equipment (State Party of Brazil, 2023). Nevertheless, data is lacking to assess if the financial resources available are adequate to implement the necessary management measures, even to assess if the fixed budget is effectively sustainable for the minimum requirements of the site management, and even less to estimate the funding gap. Related to the latest, it is important to take into account that countries in the Latin America region have a low budgetary allocation for their protected area systems, a topic that has been observed for quite a long time (Bovarnick et al., 2010; FAO, 2010; Barborak, 2021; Bovarnick et al., 2010) and that has focused attention on the low state capacity to guarantee the financial sustainability of their protected area systems if they must grow to meet the 30 x 30 targets (Deutz et al., 2020). It is important to note the provisions adopted by the Brazilian government to assure the funding sustainability of the site, as mentioned during the nomination process.

The site currently has 20 professionals belonging to the Federal Government and 16 subcontracted employees who work in different tasks such as cleaning, property security and logistics. The team is adequately trained and qualified to perform their duties, and ICMBio itself is responsible for their professional qualification. For example through courses in monitoring and surveillance, weapons and shooting, conflict management, geoprocessing and socio-environmental management, among others (State Party of Brazil, 2023). However, the nomination document also highlights the need to increase the staff due to the growing number of visitors. The IUCN technical evaluation referred to staffing shortages limiting their capacity to respond to various demands from the community, with a number of requests going beyond the ICMBio mandate. Current staff and resources are primarily assigned to administrative or surveillance work, with limited capacity to monitor biodiversity values. However, new permanent positions are being allocated, and additional support personnel on fixed-term contracts are being hired so the situation is expected to improve, with anticipated staff increase from 17 to 24 in addition to short-term contractors (IUCN, 2024).

According to the nomination document, the site has facilities to host environmental education processes for visitors. The site also has several facilities, some of them recently acquired and with the same objective of supporting public use, inspection, administration and research activities. The Visitor Center is under construction, which will be managed by the concessionaire of Barreirinhas, and will allow the development of environmental interpretation projects, promotion of the PNLM, environmental education and other activities (State Party of Brazil, 2023). However, there is some evidence (Camargo, 2023; Parlamento Brasil, 2023; Portal Barreirinhas) suggesting the need to strengthen the environmental education program of the site and to implement a more effective interpretation program in coordination with the local municipalities to assure the conservation standards of the site.

There is a Plan for Public Use of Lençóis Maranhenses National Park, but it is a non-normative planning document which includes management strategies, guidelines and priorities, with the aim of stimulating public use, guiding management, improving experiences and diversifying visitation opportunities in the conservation unit (ICMBio, 2022). There is also the Strategic Plan for Tourism Development of Maranhão (Major Plan 2020), but its first priority is the development of tourism activity, following the possibilities of attracting resources and incentives identified by state and federal governments. Although there is strong evidence that the site's management authority has continually increased its conservation efforts over the past years, the current trend in the tourism industry raises concern regarding the need for better tourism planning. This need was highlighted in the IUCN Technical Evaluation pointing to the need for a specific management plan for tourism (IUCN, 2024) precisely because of the encroachment that the site has been experiencing due to the high demand from this sector.

There are some sources mentioning the risks and threats of the current use patterns of natural resources and territory of the site (de Castro, 2021; Terra, 2024; Terra, 2017; Borge, 2024; Aragão et al., 2024; Brito et al., 2019). Many of these issues are related to the impacts of the tourism industry and the impacts of the creation of the park for local communities. There is not a specific assessment of the type and level of resources that could be used from the site without jeopardizing its conservation. However, sources depict the development of the forms of occupation and use of the site currently vs. the near past. Several mechanisms are in place to ensure that permitted resource use in and around the site is sustainable, although their implementation and effectiveness raise some concern. The level of conservation of the site shows that the current use of natural resources does not pose a threat to the conservation of the site. However, to maintain these conditions it is important to maintain a rigorous process of patrolling, enforcement and monitoring, and to address the constraints affecting the livelihoods of local communities. Moreover, greater control of the coastline surrounding the site is needed; illegal fishing is one of the most worrisome issues affecting the site. Finally, the rightsholders of cultural and natural resources within the site have access to the resources valuable for their livelihoods and traditions but are subject to conditions and limitations imposed by the regulations creating the area. This is one of the most important conflicts that need to be addressed urgently.

The monitoring process is established in the management plan through an annual monitoring realized by ICMBio, using the Management Analysis and Monitoring System. The process is based on the analysis of the inter-relationships of the resources and values, of the uses and of the management actions carried out by the management body (State Party of Brazil, 2023). The conclusion of the IUCN technical assessment is that the monitoring system has improved the site's conservation over the years as a result of monitoring results and recommendations for improvement. The site has been receiving monitoring support from other institutions such as the AMARES Institute that is monitoring the park's beaches. The initiative is part of the Cetacean Characterization and Monitoring Project, a requirement established in the environmental licensing process carried out by IBAMA for research and geological data collection in the Pará-Maranhão and Foz do Amazonas basins (Blog do Desenvolvimento, 2024).

The updated management plan establishes specific research themes as part of the encouraged uses of the conservation unit. These themes encompass biological and environmental research (monitoring of chelonians, flora regeneration, insects, carnivorous plants, bromeliads), economic research (research on enterprises managed by traditional communities) and social research (research focused on nature conservation and the quality of life of traditional communities). There is no program with the above mentioned topics as research objectives as part of the site's adaptive management system, but there is a wide selection of topics researched by different academic or cooperative institutions. The Federal University of Maranhão plays an important research role for the nominated site. This university is now offering a wide array of courses linked to the main topics of the conservation and management of the site for all audiences in cooperation with ICMBio (State Party of Brazil, 2023;Universidade Federal do Maranhão, 2024). Overall, research is well implemented and a strong pillar for the site's management.

The effectiveness of the management and governance system for dealing with threats outside the designated site could be further improved, mainly in terms of coordination with other levels of government and institutions with regulatory power. There is a record of a significant number of out-of-area threats that have been addressed by municipal and state authorities (PSB40, 2023; CUBO, 2024; Rede Mirante Maranhão, 2024; Portal barreirrinhas, 2021). Coordination between ICMBio, in charge of the Park, and other authorities outside the Park could be strengthened to address initiatives that represent potential threats to the area, including oil exploration and the construction of wind farms.

The effectiveness of management system and governance in addressing threats within the site can be considered as good but needs to be improved and strengthened mainly in terms of enforcement, surveillance and monitoring capacity, especially in regards to tourism. Although the park management is operating efficiently in curbing illegal initiatives and controlling the accelerated growth of tourism, further efforts are needed to reach agreements with local communities.