Marine Conservation Agreements
A Practitioner's Toolkit
www.mcatoolkit.org

Myth 15: Enforcment is especially difficult given the terms and conditions of Marine Conservation Agreements.

Fact 15: Marine Conservation Agreements require enforcement to ensure project goals are achieved, but the unique nature of many MCAs make enforcement more effective than other ocean and coastal conservation strategies.

Marine Conservation Agreements (MCAs) are unique tools that can explicitly describe the rights, interests, obligations, incentives, monitoring protocols, and dispute resolution procedures for the major parties involved such that enforcement of the relevant terms and conditions is more effective than with many other conservation strategies. Some observers note, however, that enforcement for most ocean and coastal conservation projects is notoriously difficult, particularly in settings with weak legal institutions and government capacity. Clearly, enforcement is a challenge and can require a considerable investment.

Two points suggest that it does not, however, undermine MCAs as conservation tools. First, enforcement requirements present a ready target for investments that directly benefit local stakeholders in the form of training and employment, which MCAs often supply. Second, as much of a challenge as enforcement may be, no other conservation tool eliminates the need for enforcement and MCAs address the needs explicitly. Indeed, given the positive incentives to participate in conservation provided by MCAs, there is reason to believe that in many situations enforcement may be easier, less expensive, less confrontational and more effective under an MCA than when using other tools.1

For more information on MCA terms and conditions, see Phases 3.1 Conservation Commitments and 3.2 Recipient Benefits. Explicit MCA language can be seen in Sample Documents. And more details regarding enforcement activities can be found in 4.5 Enforcement.

1 Taken largely from Niesten, E., A. Bruner, R. Rice, and P. Zurita. June 2008. Conservation Incentive Agreements: An Introduction and Lessons Learned to Date. Conservation International. Washington, D.C

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