3.4 Sanctions

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

Benefits realized by right-holders and other stakeholders must be conditioned on compliance with commitments specified in the Marine Conservation Agreement (MCA). Sanctions (adjustments in benefits) for non-compliance must be designed jointly by all parties to the MCA to ensure that they are understood, viable and appropriate given the cultural, social, political and legal settings of the MCA project.

Sanctions (or penalties) for infractions to the terms and conditions of an MCA can accrue to right-holders, other direct stakeholders and indirect stakeholders. Depending on the severity and nature of the infraction, sanctions can be applied incrementally and specifically (to specific people for specific purposes) or comprehensively (to all stakeholders at once) under the most severe circumstances. Under most circumstances, however, sanctions should be progressive, such that increasing numbers and gravity of transgressions results in stronger penalties. These scenarios and contingencies should be described in the MCA. Examples of sanctions are identified in the table below.

Sample MCA Sanctions
Alternative enterprises	Cease or decrease contracting with buyers of alternative, locally and sustainably-based products
Aquaculture and related extension services	Cease or decrease technical support and training to improve aquaculture productivity Cease or decrease supplying aquaculture materials and supplies Cease or decrease rehabilitating aquaculture areas with contracted laborers Cease or decrease alternative livelihood projects such as artificial live rock or pharmaceutical products Cease or decrease training in improved aquaculture techniques Cease or decrease providing guards or boats to protect aquaculture sites from predators and thieves
Communications	Cease or decrease coordination and exchange of information between and among community members.
Ecotourism development	Cease or decrease funding ecotourism development
Education	Cease or decrease funding and supplementation of salaries for one or more teachers at local school Cease or decrease support for physical improvements to school and community cultural facilities Cease or decrease scholarships for youth
Financial compensation	Cease or decrease payments to community development fund that supports poor families, community meetings, the maintenance of machines, and emergency support for sickness Cease or decrease direct payments to individuals, communities, or community groups for lost use or harvest activities Cease or decrease funding from private business partner for community fund that will support long-run benefit provision
Land tenure assistance	Cease or decrease technical assistance for legal designation of the reserve, including legal advice to address on-going invasion issues Cease or decrease assistance to formalize rights for community to use a are being granted under land reform schemes
Planning	Cease or decrease assistance in creating an implementation plan Cease or decrease formulation of local community patrolling plan and regulations
Salaries for patrolling and monitoring	Cease or decrease funding for equipment, training and salaries for patrolling Cease or decrease biodiversity monitoring and wages and equipment for monitors

3.4 Sanctions

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