Leasing and Ownership within Ocean and Coastal Waters
A Conservation Practitioner's Toolkit

Myth: Lands and resources lying within ocean and coastal waters are already protected.

Fact: Protection levels vary dramatically from totally protected to completely unprotected.

There is a relatively common myth that lands and resources lying within ocean and coastal waters are inherently protected. This myth exists in part because the vast majority of ocean and coastal lands and resources are owned and managed by government entities and most people assume government entities should be protecting these lands and resources. However, this may not be the case.

  • Public ownership does not equate to protection: Many, if not all, land and resource agencies have multiple-use mandates that require agencies to balance the needs of conservation with other human needs such as commercial, residential, and recreational uses. Often, agencies determine themselves what balance means, which may ultimately not be to the benefit of conservation interests. In some cases, conservation is not an identified mandate of land and resource agencies. As a result, publicly-owned lands and resources lying within ocean and coastal waters can often easily be developed and degraded.
  • Laws are not permanent: Government zoning, statutes, regulations, policies, and designations meant to protect areas can be un-established almost as easily as they can be established.
  • There are always exceptions: Economic pressures can drive local and state agencies to issue deviations, exceptions, exemptions, and alterations to protective laws, procedures, and zoning.
  • Philosophies change: Political pressures can change with time; these changes can easily bring changes to conservation philosophies and practices. New elections also bring new decision-makers, whose philosophies on use of public lands versus protection of public lands can vary greatly.

 

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
Workshop

 

Leasing and Ownership within Ocean and Coastal Waters     Copyright © 2007 The Nature Conservancy