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

2.3 Conservation organization is capable of acquiring lands or resources and assuming active management responsibilities.

Does your organization want to oversee exclusivity? If full or partial exclusion of other activities is necessary to achieve the conservation goals identified for the site, then conservation organizations must determine if they want to oversee the exclusivity or if they can rely on others to do so.

In many cases, exclusivity over lands and resources within ocean and coastal waters could be implemented by either public or private entities. While private conservation organizations can always advocate that regulatory agencies and landowners protect and better manage ocean and coastal sites, there may be circumstances when they want to do it themselves. Organizations may want to directly administer exclusivity for reasons such as:

  • The conservation priorities at the site are rare, sensitive, or critical to the organization's success;
  • The organization has invested substantial financial and staff resources in the site; or
  • The protection needed at the site is long-term and other protection mechanisms cannot be guaranteed into the future. (“Long-term,” of course, is variable and can be any length of time from one year, to 50 years, to perpetuity.)

Some conservation organizations, however, are not accustomed to acquiring proprietary rights or assuming long-term responsibilities for the care of lands and resources, particularly within ocean and coastal waters. Depending on the specific site and resource, leasing, owning and managing ocean and coastal lands and resources may require expertise that many conservation organizations do not have. In addition, organizations must be able to estimate costs and secure funding for the initial lease or acquisition and the subsequent, long-term restoration and conservation activities proposed for the site (see Step 4 Implementation). The funding must be sufficient to cover planning, permitting, material resources, staffing and development of expertise. In addition to these tangible resource needs, conservation organizations will need patience in order to develop and implement leasing and ownership projects which may set precedents and be controversial.

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