3.3 Compliance

1. MCA Field Guide
2. MCA Field Guide Checklist
3. Phase 3: Agreement Design Checklist
4. 3.1 Conservation commitments are established
5. 3.2 Recipient benefits are determined
6. 3.3 Compliance mechanisms are developed
7. 3.4 Sanctions are agreed upon
8. 3.5 Regulatory permits issued or applied for
9. 3.6 Final actions are completed

The success of a Marine Conservation Agreement (MCA) hinges on a credible monitoring framework to verify compliance with the conservation commitments and justify sanctions in the event of non-compliance. Items to monitor include:

• Compliance with conservation commitments (e.g., no dredging or dynamiting, no hunting or fishing, no illegal mining, as well as performance with respect to conservation actions such as patrolling and boundary maintenance)
• Effectiveness/equity of benefits management (e.g., proportion of resource users receiving benefits, accountability for funds used)
• Awareness, understanding, and satisfaction related to the MCA

Compliance monitoring should be further developed in sub-steps 4.4 Science and 4.5 Enforcement.

Compliance Reporting

Compliance reporting is the mechanism by which infractions to the terms and conditions of the MCAs will be identified, recorded, reported, discussed and agreed upon by the lead conservation organization, right-holders and other direct stakeholders. For example, patrolling is one possible compliance reporting mechanism for MCA infractions, which may proceed in a simplified scenario as:

• Identification: Community MPA guards observe local community members collecting shellfish within no-take zone
• Recording: MPA guards record observations in daily patrol logs
• Reporting: MPA guards submit logs to MPA Manager
• Discussion: MPA Manager discusses infraction with community leaders and the identified local community members to determine sanctions
• Disposition: Sanction is imposed as per the terms of the MCA and as agreed upon

The primary compliance reporting mechanisms must be articulated within the MCA.

Next Sub-step

After developing effective compliance mechanisms, sanctions for non-compliance must be agreed upon.

Proceed to 3.4 Sanctions

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