Question: Why do we need MCAs?
Answer: Marine conservation practitioners need a new tool to help address the continuing degradation and depletion of ocean and coastal waters because existing tools are insufficient.
Private conservation organizations have traditionally taken educational, watchdog, research, and advocacy roles in regards to ocean and coastal conservation. Assuming a direct stakeholder role, through MCAs, allows private organizations to get off of the sidelines and onto the front lines of ocean and coastal conservation. Instead of identifying what government agencies, private landowners, and resource users should be doing in the name of conservation, as lead entities, conservation organizations can assume the responsibility for conservation success. By assuming this responsibility, conservation organizations can protect their conservation investments in ocean and coastal areas through contractual means (similar to how private, for-profit businesses protect their development investments in marinas, shipping terminals, and other waterfront enterprises). In this new role, private organizations can demonstrate the value they bring to marine conservation, similar to how local lands trusts in the United States have assisted terrestrial landowners in protecting and managing their lands.
Port. Photo courtesy WA Department of Natural Resources
Existing Uses
Many private (frequently for-profit) entities currently acquire or manage rights and interests in ocean and coastal waters for purposes that often degrade the environment. These entities include, but are not limited to:
- Adjacent residential upland owners
- Aquaculture businesses
- Logging companies
- Marina businesses
- Oil companies
- Park authorities
- Ports
- Restaurants
- Shops
- Utility companies
If private entities such as these can secure rights and interests to ocean and coastal areas for purposes that often generate personal wealth while degrading the environment, then private, not-for-profit entities should be able to secure similar rights and interests to ocean and coastal areas for public purposes that improve the environment.
Government Ownership and Management
Most ocean and coastal areas are owned and managed by government agencies and used by private entities. Contrary to popular belief, due to multiple-use mandates, these areas are not necessarily protected from harm simply because they are publicly owned and managed. Given this, if private conservation organizations want or need to assume lead roles in protecting, managing, and restoring these areas, and if management agencies want or need additional funding, expertise, staffing, and allies, than some form of partnership, agreement, or authorization must be entered into between management agencies and conservation organizations. There are several different forms of authorizations and partnerships which may be available under different circumstances and in different areas. An MCA provides many advantages to conservation organizations that make it a useful and applicable tool under many circumstances.
Private Ownership
While most lands and resources lying within ocean and coastal waters are publicly owned, private ownership does exist in some locations under varying circumstances. Some of these privately owned lands and resources are used in conjunction with business activities that take place on adjacent publicly owned lands, such as with marinas, shipping piers, and aquaculture facilities where upland access and control is needed. Other private owners of ocean and coastal areas may not even be aware of their ownership interests as they are part of a larger upland parcel. In any case, whether the privately owned lands and resources are actively used or unconsciously left fallow, an opportunity exists to use MCAs as a mechanism to acquire fee-simple or less-than fee-simple interests to secure their long-term protection. In some areas private ownership of inter-tidal lands is extensive, thus necessitating collaboration with private owners in some capacity if the areas are to be protected.