Question: What are the pros and cons of MCAs?

Answer: The numerous pros and cons related to MCAs can be described from three perspectives—those of conservation organizations, management agencies and communities, and private landowners and resource users.

As with any conservation strategy, there are advantages and disadvantages that must be considered prior to entering into a Marine Conservation Agreement (MCA). And while pros and cons of MCAs can be generally addressed, the specific circumstances of potential field projects must be considered as they may diminish, amplify, extinguish, or create pros and cons.

Pros

The pros of MCAs can be described from at least three perspectives—those of conservation organizations, management agencies and communities, and private landowners and resource users.

Conservation Organizations

For conservation organizations, MCAs entered into with government agencies, such as leases for conservation activities and fee-simple or less-than fee-simple deeds granted by private parties, provides many advantages that other formal or informal relationships will not provide, such as:

Prevents the future degradation of sites by removing the potential to develop sites for commercial, residential, and industrial purposes.
Places the conservation organization in the lead for making decisions regarding land and resources.
Establishes a landlord-tenant relationship and, as a tenant, conservation organizations have rights (as defined by local, state, and federal law as well as the conditions of the MCA) that can be defended in courts.
Transfers specific management authority (describing the specific rights of the grantee and grantor) over the property from the management agency to the conservation organization for the term of the MCA.
Ascribes liability and describes legal recourses for resolving disputes.
Affords varying levels of exclusive use over land and resources.
Assures that physical improvements existing or created on the property will remain.
Establishes footholds in communities for conservation organizations, which can be used to create partnerships and goodwill for conservation projects.

Management Agencies and Communities

SCUBA diver. ©Audubon of California

For management agencies and communities, entering into MCAs for areas under their authority has several positive aspects:

Shifts long-term stewardship requirements to conservation organizations.
Uses authority proactively to meet public trust responsibilities.
Focuses attention on specific areas which otherwise may not receive it.
Creates alternative funding sources for conservation programs.
Develops creative partnerships and allies with conservation organizations.
Taps into ocean and coastal expertise which may not otherwise be available.
Assigns additional personnel and resources to public lands.

Private owners and users

For private landowners and resources users, transferring interests or prescribing management conditions to intertidal and subtidal areas can serve to:

Conserve and restore waterfronts that owners and users enjoy.
Improve remaining, adjacent private land values.
Liquidate value in the intertidal and subtidal private landholdings.
Create tax breaks.
Create new partnerships.

Cons

While there are many positive aspects of MCAs, there are also negative aspects. Although many of these disadvantages can be addressed, doing so can require time, money, and patience.