Marine Conservation Agreements
A Conservation Practitioner's Toolkit

What conservation activities can be undertaken by leasing and owning lands and resources lying within ocean and coastal waters?

In theory, nearly any activity legitimately considered “conservation” can be undertaken on lands and resources lying within ocean and coastal waters through leasing and ownership. However, local laws, policies, and practices might prohibit some activities and seriously restrict others. Consistent with other aspects of leasing and ownership, knowledge of the local circumstances is essential before beginning a project. Organizations can benefit though from gaining an initial appreciation of the broad spectrum of potential activities.

There are numerous activities that are considered conservation-related, and most of them apply to terrestrial, freshwater, and marine systems alike. It is not possible or desirable for the purposes of this toolkit to list and categorize all of the potential activities that conservation organizations can undertake within or beyond the ocean and coastal environments. Besides being a nearly inexhaustible list, conservation activities are site and goal-specific, which makes attempting to identify a comprehensive list potentially misleading.

We can though, simplify the scenario for the purposes of this toolkit in order to understand some likely possibilities and requirements. Again, this simplification is for illustrative purposes only, the listings below should not be considered or used as a standardized taxonomy of ocean conservation actions (for a standardized classification of conservation actions, see the Conservation Measures Partnership. With that caveat, conservation activities relating to the land and resources of the oceans and coasts can generally be divided into two categories: in-water and out-of-water activities.

In-water Conservation Activities

Oyster reef construction, Virginia Coast Reserve. Photo courtesy The Nature Conservancy, Virginia

In-water activities can include:

  • Scientific research, monitoring, and reporting (see Step 4.1 Science)
  • Habitat improvement and species propagation via restoration, enhancement, or creation (see Step 4.2 Habitat)
  • Preservation, which maintains the status quo by preventing degradation via development or other incompatible uses (see Step 4.2 Habitat)
  • Maintenance activities including general cleanup and signage (see Step 4.3 Maintenance)
  • Public access and recreation (see Step 4.4 Public Use)
  • Enforcement activities including site visits to record of human uses and encroachment (see Step 4.5 Enforcement)

In general, organizations may undertake one or more in-water activities when they possess some form of authorization from the land or resource owner (through a proprietary authorization, such as a lease, or ownership arrangement). Requirements are site-specific, however, and should be investigated thoroughly before undertaking any activities. Some in-water activities, such as surveillance and general cleanup, if done alone may not require authorization. Also, regulatory permits may also be required.

Out-of-water Conservation Activities

Out-of-water activities can include:

  • Adjacent landowner and public outreach, education, and collaboration (see Step 4.6 Outreach)
  • Administration
  • Advocacy
  • Planning (includes policy-making)

In most cases, conservation organizations will likely not need proprietary authorizations from land and resource owners to undertake out-of-water activities. However, some proprietary authorizations may facilitate or authorize these activities as independent activities or in conjunction with in-water activities. Which ever the case, engagement and collaboration with the land or resource owner prior to undertaking out-of-water conservation activities is still wise and beneficial.

Area-specific Laws and Policies

Depending on the state and country-specific laws and policies, conservation organizations that lease or own ocean and coastal lands and resources may be able to undertake all or some of the above activities. The list of in-water activities above represents the suite of potential activities that could be undertaken with an authorization. Exactly which of these will be allowed in any specific area is subject to several factors and is heavily influenced by the laws and practices affecting the public or private owners.

 

Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
Country Summaries
Belize
Chile
Colombia
Costa Rica
Ecuador
Indonesia
Mexico
Peru
United States
Other Countries
U.S. State Summaries
Alabama
Alaska
California
Connecticut
Delaware
Florida
Georgia
Hawaii
Louisiana
Maine
Maryland
Massachusetts
Mississippi
New Hampshire
New Jersey
New York
North Carolina
Oregon
Pennsylvania
Rhode Island
South Carolina
Texas
Virginia
Washington
Other States
Case Studies
Agreement: Ecuador
Agreement: Fiji
Agreement: Philippines
Agreement: Phoenix Islands
Concession: Chile
Lease: California
Lease: Connecticut
Lease: Indonesia 1
Lease: Indonesia 2
Lease: Tanzania
Lease: Washington
Lease/Own: California
Lease/Own: UK
License: Rhode Island
Own: Massachusetts
Own: New York
Own: North Carolina
Own: Texas
Own: Virginia
Own: Washington
Program: Arizona
Program: Washington
Permit: California
Permit: Mexico
Resources
Assessments
Contact Information
Funding Sources
Maps and Data
Publications & Presentations
Related Tools
Sample Documents
Workshops

 

Marine Conservation Agreements     Copyright © 2008 The Nature Conservancy