What research has been done on conservation leasing and ownership?

Formal and informal research has been undertaken relating to leasing and ownership of lands and resources lying within ocean and coastal waters within and outside of the United States. Brief summaries of the major findings from three such research projects are given below. Additional research findings are given throughout this toolkit at the links provided below. While the research findings we have collected for this toolkit are substantial, they are not exhaustive. As such, if you know of research that should be evaluated for posting on this site, please contact us.

International Research

• A Role for Effective, Efficient, and Equitable Conservation Concessions in Conserving Natural Resources in Indonesia (download .pdf, 167k)

• The Conservation and Community Investment Forum (CCIF) teamed with partners at Hardner and Gullison Associates (HGA) and Conservation International (CI) to investigate how private concessions can be used for conservation purposes in Indonesia and elsewhere. The groups found that “...conservation concessions enable host countries to capitalize on their ample supply of biodiversity-rich habitats and stimulate economic development by mimicking the payment structure of other business transactions and offer immediate, transparent protection for resources in question.” The findings of the research go on to state that “The conservation community may have been quick to dismiss concessions for protected areas as a tool for developing countries. Indeed, with modifications based on local community norms, CCIF believes that concessions may be the perfect tool for conservation. By studying our competition in the commercial extraction industry, we find that we do in fact have an effective set of tools for creating protected areas.”

United States Research

• Leasing and Restoration of Submerged Lands - Strategies for Community-Based, Watershed-Scale Conservation (download .pdf, 1,346k)

• The Nature Conservancy explored the leasing of submerged lands as a potential conservation strategy and examined some of the benefits, considerations and methods of involvement for leasing, preservation and restoration of shellfish on these lands. Submerged lands leasing legislation for all ocean coast states' was analyzed to acquire information regarding submerged land availability, procedures and costs for acquiring leases, and criteria for maintaining leases in each state. A variety of leasing options were uncovered, but the focus was principally on the leasing of shellfish grounds because: 1) most state leasing programs have specific provisions for shellfish development and harvest; 2) shellfish habitats are among the few types of submerged lands readily available for lease that are amenable to restoration, conservation and management of native species in natural environments; and 3) the restoration and conservation of shellfish encourages stakeholders and local communities to take a strong interest in water quality and the link between estuaries and their watersheds. The research concluded that strategies which combine submerged lands leasing with shellfish restoration provide powerful new tools for coastal and marine conservation. These strategies help local stakeholders secure long-term protection for important habitats, restore ecological processes in coastal watersheds, improve fisheries resources and enhance the quality of life and economic benefits for local communities. This approach may be expanded to enhance coastal marine conservation throughout the United States and internationally.

• Towards Conservation of Submerged Lands: The Law and Policy of Conservation Leasing and Ownership (download .pdf, 4,332k)

• The Nature Conservancy also convened a workshop of key leaders from academia, non-governmental organizations, and state and federal management agencies to discuss the laws and policies associated with private conservation leasing and ownership of submerged lands. Several findings were made as a result of the workshop:

• Leasing and ownership of submerged lands can be significant tools for marine and coastal conservation.
• Conservation leasing and ownership are supported by the public trust doctrine.
• Coastal landowners often have clearly established rights of access to and use of submerged lands and public trust waters.
• Some state policies often require that leaseholders make productive use of submerged lands.
• Before acquiring a lease or ownership rights to submerged lands, the purpose of acquiring the rights should be part of a clear conservation and restoration plan.
• Inventories of privately leased and owned submerged lands are needed.
• The increasing use of submerged lands and the need for marine ecosystem management calls for the greater incorporation of public trust doctrine responsibilities and local efforts into state agency programs.
• The best way to test whether state or federal policies allow for conservation leasing of submerged lands is for groups to apply for leases; these actions will help identify programs where conservation leasing is compatible with existing policy or help spur agency introspection and opportunity for policy change.
• Conservation leasing and ownership tools are distinct from MPAs or related marine reserve tools.
• Leasing and ownership projects often have different key attributes as tools for conservation and their utility will vary.

Additional Research

Details of research related to conservation leasing and ownership can be found throughout this toolkit:

• A comprehensive bibliography of research publications can be found in Publications and Presentations;
• Research findings and reports for specific locations can be found in Country Summaries and U.S. State Summaries;
• Reports detailing the results of state-specific legal and spatial data analyses can be found in Assessments; and
• Research related to specific leasing and ownership projects can be found in Case Studies.