Why is leasing and ownership needed as an ocean and coastal conservation strategy?
Lands and resources lying within ocean and coastal waters are biologically important and diverse. Despite global and national reports identifying their importance, many of these lands and resources continue to be degraded as traditional marine conservation strategies have not been affective. As such, new strategies must be assessed, developed, and implemented where possible.
A New Role
While most lands and resources lying within ocean and coastal waters are publicly owned, private ownership does exist in some locations under varying circumstances. Some of these privately owned lands and resources are used in conjunction with business activities that take place on adjacent publicly owned lands, such as with marinas, shipping piers, and aquaculture facilities where upland access and control is needed. Other private owners of ocean and coastal lands and resources may not even be aware of their ownership interests as they are part of a larger upland parcel. In any case, whether the privately owned lands and resources are actively used or unconsciously left fallow, an opportunity exists to acquire fee-simple or less-than fee-simple interests to secure their long-term protection. In some areas private ownership of inter-tidal lands is extensive, thus necessitating collaboration with private owners in some capacity if the areas are to be protected. For more information on myths concerning the ownership status of lands and resources within ocean and coastal waters, see Buying the Ocean and Public Ownership.
Port. Photo courtesy WA Department of Natural Resources
Existing Uses
Many private (frequently for-profit) entities currently lease and own ocean and coastal lands and resources for purposes that often degrade the environment. These entities include, but are not limited to:
- Adjacent residential upland owners
- Aquaculture businesses
- Logging companies
- Marina businesses
- Oil companies
- Park authorities
- Ports
- Restaurants
- Shops
- Utility companies
If private entities such as these can secure proprietary rights to ocean and coastal lands and resources for purposes that often generate personal wealth while degrading the environment, than private, not-for-profit entities should be able to secure proprietary rights to ocean and coastal lands and resources for public purposes that improve the environment.
Government Ownership and Management
Most ocean and coastal lands and resources are owned and managed by government agencies. Contrary to popular belief, due to multiple-use mandates, these lands and resources are not necessarily protected from harm simply because they are publicly owned. Given this, if private conservation organizations want or need to assume lead roles in protecting, managing, and restoring these lands and resources, and if management agencies want or need additional funding, expertise, staffing, and allies, than some form of partnership, agreement, or authorization must be entered into between management agencies and conservation organizations. There are several different forms of authorizations and partnerships which may be available under different circumstances and in different areas. A proprietary authorization (as opposed to a partnership agreement or regulatory permit) provides many advantages to conservation organizations that make it a useful and applicable tool under many circumstances.
Private Ownership
While most lands and resources lying within ocean and coastal waters are publicly owned, private ownership does exist in some locations under varying circumstances. Some of these privately owned lands and resources are used in conjunction with business activities that take place on adjacent publicly owned lands, such as with marinas, shipping piers, and aquaculture facilities where upland access and control is needed. Other private owners of ocean and coastal lands and resources may not even be aware of their ownership interests as they are part of a larger upland parcel. In any case, whether the privately owned lands and resources are actively used or unconsciously left fallow, an opportunity exists to acquire fee-simple or less-than fee-simple interests to secure their long-term protection. In some areas private ownership of inter-tidal lands is extensive, thus necessitating collaboration with private owners in some capacity if the areas are to be protected.