4.5 Enforcement
- MCA Field Guide
- MCA Field Guide Checklist
- Phase 4: Implementation Checklist
- 4.1 Administration accounted for
- 4.2 Planning initiated
- 4.3 Outreach planned and begun
- 4.4 Science program established
- 4.5 Enforcement needs assessed and met
- 4.6 Public uses promoted and managed
- 4.7 Livelihoods identified
- 4.8 Habitat management needs realized
- 4.9 Maintenance identified and scheduled
- 4.10 Funding needs assessed and acquired for the long-term
Enforcement is a key component of the Marine Conservation Agreement (MCA) approach. Unless performance by all parties and stakeholders is monitored to ensure compliance with the MCA, the conservation incentives will not work because the benefit stream is contingent on compliance. A successful MCA also requires adequate investment in enforcement mechanisms, to strengthen all relevant parties’ ability to comply with the agreement.
Some observers note that enforcement is notoriously difficult, particularly in settings with weak legal institutions and government capacity, and thus poses a major obstacle to MCAs. Clearly, enforcement is a challenge and can require a considerable investment. Two points suggest that it does not, however, undermine MCAs as a conservation tool. First, enforcement requirements present a ready target for investments that directly benefit local stakeholders in the form of training and employment. Second, as much of a challenge as enforcement may be, no other conservation tool eliminates the need for monitoring and enforcement. 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, and less confrontational under an MCA than when using other tools.
Enforcement Needs
The amount and type of enforcement needed for any given MCA project depends on several factors, such as:
- Abandoned property — Are vessels and fishing gear often abandoned in the area?
- Contaminated sediments — Are there on-going clean up or long-term maintenance activities involving contaminated sediments caused by former lessees, owners, or adjacent landowners and lessees?
- Crime — Does the immediate area have a history of crime, vandalism, or juvenile delinquency?
- Dumping — Is there a history of or likelihood that garbage will be intentionally and frequently dumped at the site?
- Encroachment — Are adjacent uses likely to extend into the boundaries of the site?
- Lands, resources and ecosystem services targeted for conservation — Are they sensitive and economically valuable?
- Live-aboarders* — Is the site a protected bay or cove where boaters may set anchor and establish residency (i.e., squat)?
- Pollution and contamination — Are there frequent passing vessels or nearby industrial facilities, outfalls, and watershed runoff that may violate state and federal pollution laws, trespass, otherwise cause damage to the site?
- Public use — Is there potential for user conflicts or resource degradation?
- Structures and equipment — Are there valuable or sensitive structures and equipment left on-site for project purposes?
- Terms and conditions of the MCA — Are violations by other parties likely?
* Live-aboarders: Of special note are live-aboarders. Live-aboarders are people who live aboard their vessels or houseboats while moored offshore or in marinas. Offshore anchoring normally occurs in protected areas, such as bays and coves. Whether live-aboarding and associated activities (such as sewage disposal overboard) are legal or not depends on the local, state, and federal laws as well as whether permission from MCA implementers is given.
When live-aboarding or associated activities are illegal, it is especially difficult to enforce for several reasons:
- It can be difficult to prove someone is living aboard a vessel or houseboat
- The residents are frequently transient with no permanent addresses
- The residents’ names are often unknown
- The residents can quickly re-locate if necessary
General problems associated with live-aboarders include localized pollution and resource degradation, unsightly structures, user conflicts, and onboard fires, among others. However, a legal, responsible, and reputable live-aboarder who voluntarily works in collaboration with implementers may actually help monitor the site and report problems or violations. MCA implementers should evaluate the potential for live-aboarders on their site and the pros and cons of actively collaborating with one or more live-aboarders to act as on-site volunteer caretakers.
Enforcement Steps
There are at least three steps to enforcement: 1) deterring violations, 2) detecting violations, and 3) reacting to violations.
1) Deterring violations can be accomplished by:
- Establishing and maintaining good relationships and open communications with right-holders, other direct stakeholders and indirect stakeholders—especially community leaders and members.
- Explicitly describing to all stakeholders the conservation commitments and recipient benefits articulated in the MCA.
- Offering appropriate benefits and financial incentives for performance under the terms and conditions of the MCA.
- Posting informational signs and demarcating the MCA boundaries.
- Maintaining a consistent presence in the field by MCA project staff, police, rangers, guards, community members and volunteers.
- Making direct contact with the public in the field by MCA project staff, police, rangers, guards, community members and volunteers.
2) Detecting violations can be accomplished by:
- Actively and passively (while conducting other activities) making visual observations of the MCA area by MCA project staff, police, rangers, guards, community members and volunteers.
- Undertaking scientific monitoring to identify changes and impacts to biological and physical conditions within the MCA area.
3) Reacting to violations can include:
- Contacting and warning those suspected of violating the MCA terms and conditions or relevant laws.
- Community enforcement of MCA terms and conditions against members of the community.
- Imposing sanctions as agreed to in the MCA, such as reduction in benefits supplied to right-holders, other direct stakeholders and indirect stakeholders.
- Judicial (court) enforcement of civil law (MCA terms and conditions against right-holders and other direct stakeholders).
- Judicial (court) enforcement of relevant criminal laws and regulations (against law violators within the MCA area).
Enforcement Timing
Months 1-6 Actions: In the first few months of implementation, demarcation and signage of the MCA boundaries should be completed. If the project is area-based, demarcating the borders using a locally appropriate option (e.g., clearing vegetation, planting a specific species such as willows in the water, signposts, buoy markers, fences) should be completed. For species agreements, suitable signage advising would-be resource users of restrictions should be installed. A regular presence in the project areas by MCA project staff, police, rangers, guards, community members or volunteers should be established.
Months 6-12 Actions: Early during implementation, implementers should meet with indirect stakeholders to discuss the MCA, identifying which things are going well and which things need to be improved. This early stakeholder consultation will help identify and address problems before they become too entrenched, while building trust and local support.
Annual or Bi-annual Actions: At least every year or two years (after the MCA is well established), compliance with the MCA’s conservation commitments should be reviewed by the lead conservation organization, right-holders and other direct stakeholders. Regular reviews of compliance indicators (as address in sub-step 3.3) are essential to ensure the MCA’s long-term sustainability. Such indicators include:
- Conservation commitments, relating to both pressure (e.g., gillnets, traps, snares, commercial fishing) and response/management activities (e.g., patrolling, restoration)
- Management of the agreement (e.g., appropriate use of funds, audited financials, reporting on conservation activities)
- Communications and information dissemination (e.g., awareness, understanding, and satisfaction relating to the MCA)
Next Sub-step
Assessing and meeting the initial enforcement needs are often directly related to public uses which can affect the MCA.