What are the significant issues to be aware of when contemplating whether to lease or own ocean and coastal lands and resources?

There is no shortage of important issues that conservation organizations should consider when evaluating whether leasing or ownership are strategies they want to employ. Many of these issues can be found within each step of the toolkit. There are, however, some overarching issues that can be summarized briefly. These include:

• Historical,
• Philosophical,
• Organizational, and
• Legal Issues

After overcoming these issues, most of the other issues identified in this toolkit are more procedural and administrative in nature and, as a result, easier to overcome.

Historical working waterfront. Photo courtesy The Nature Conservancy, Virginia

Historical Issues

It is vital to consider the historical context within which a leasing or ownership project will take place. Are the communities and local authorities conservation-minded? Do they have a history of progressiveness and open-mindedness? Is there a track-record of conservation success in the area? What are the historical land and sea tenure systems in the area? These and other historical issues will either provide helpful jumping off points or unhelpful obstacles for leasing and ownership projects. While the latter situation should not stop a project in its tracks, conservation organizations should leave more time for upfront outreach and relationship building when historical obstacles occur.

Philosophical Issues

Some people within conservation organizations and management agencies find it difficult to overcome long-held philosophical beliefs regarding conservation and the roles of private and public agencies. For example: Is it right for conservation organizations to have to pay for conservation? Is it right for private organizations to take over the conservation responsibilities of public agencies? Is it right that conservation is considered a use? One of the difficulties in overcoming philosophical beliefs such as these is that they are often held for such long periods of time that the answers are considered fact instead of philosophy. Discerning between fact and philosophy and then addressing the philosophical barriers to private leasing and ownership can be a time consuming and sometimes impossible task. In rare cases, it may be necessary to wait until people with more amenable philosophies are in decision-making positions.

Organizational Issues

Many conservation organizations, especially those focusing on oceans and coasts, are not accustomed to acquiring interests in the lands and resources they are trying to protect. Often, ocean and coastal conservation organizations focus on advocacy, outreach, education, science, and policy-making as opposed to direct, in-water activities. As such, prior to taking on leasing or ownership projects, organizations should consider whether they have the capacity, desire, and time needed to acquire and oversee management of sites or resources. If organizations do not currently have the capacity, but have the desire and time, they should consider if it is possible for them to acquire the capacity in terms of expertise, funding, and personnel.

Legal Issues

The legality of private conservation leasing and ownership is the bottom line—organizations must be able to determine if it is legally possible to acquire interests in lands and resources that are normally considered part of the public commons. Organizations may be able to overcome historical, philosophical, and organizational issues, but if the law does not allow for leasing and ownership then projects can go no further. However, similar to philosophical obstacles, many long-held beliefs about legal possibilities are often a matter of perception as opposed to policy. It is often believed that laws do not allow for conservation leasing and ownership simply because the relevant laws have always been applied to commercial operations. If this is the case, overcoming the misperceptions is the obvious necessary task. If this is not the case and the relevant laws directly or indirectly prohibit private conservation organizations from acquiring interests in lands and resources lying within ocean and coastal waters, then laws may need to change. The desire and ability to advocate for changes in local, state, or federal laws is a major decision which should be weighed carefully against other goals and activities.