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

Myth: We should only lease or own ocean and coastal lands and resources when they are threatened by degradation or already degraded.

Fact: There are numerous reasons why pristine and/or unthreatened areas should be protected through leasing or ownership.

A common issue is whether conservation efforts should prioritize areas that are degraded (or threatened with degradation) over areas that are pristine and/or not targeted for development (and resultant degradation). This issues hinges on the concept that there is no need to protect something unless it is currently targeted for development or has already been developed and degraded. But this is a myth as there are several reasons for leasing and owning ocean and coastal lands and resources prior to their being degraded or threatened by degradation.

  • Change happens: Coastal populations and pressures are constantly increasing; lands and resources not threatened today will inevitably be threatened in the future. Protecting sites before they are threatened decreases the likelihood of their being threatened in the future.
  • Cheaper: In most cases, it is less expensive to simply protect pristine areas than it is to spend time and money restoring and subsequently protecting degraded areas. Sites not targeted for development also decrease project costs since the time it takes to reach agreements is shorter, the public review process may be shorter, and there is less likelihood that costly analyses (such as cost-benefit assessments) will be needed.
  • Quicker: Since the controversy, resistance, and competition are less at sites that are not targeted for another use, the time it takes to reach agreements and implement protection is often shorter.
  • Tropical overwater structures, Moorea Hotel, French Polynesia. Photo ©Heike Schroeder

  • Less controversial: It is less politically and publicly controversial to protect areas not targeted for use by other interests; making proposed conservation projects more easily accepted. Local development projects can increase tax bases, improve businesses, and provide facilities or goods to the public. Consequently, conservation projects that interfere with local development are often met with resistance. On the other hand, if it is simply a matter of maintaining the protective status quo of a site, then many groups will see no harm in the effort.
  • Easier precedent: If private conservation of lands and resources lying with ocean and coastal waters is new to the area, it is better and easier to establish a precedent with a non-controversial conservation project (in areas where there are no competing uses) in order to set the stage for potential future controversial projects (in areas where there are competing interests).
  • More diverse: Sites that are pristine and/or not targeted for development may contain the highest biodiversity in an area. When this is the case, these sites should take priority over less diverse, more degraded, and/or sites targeted for development.

 

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