LAGUNA SAN IGNACIO CONSERVATION ALLIANCE

CONTACT: WILDCOAST, 925 SEACOAST DRIVE, IMPERIAL BEACH, CA 91932 TEL: 619.423.8665 FAX: 619.423.8488 [email protected] WWW.WILDCOAST.NET

Contents/

1 Executive Summary

3 Laguna San Ignacio Wetland Complex

4 Threats 4 •Mitsubishi/Exportadora de Sal 5 •Nautical Stairway 5 •PEMEX-Oil and Natural Gas Drilling 5 •Unregulated Urban Sprawl and Natural Resource Use

6 Conservation Plan 7 •Ejido Luis Echeverria 8 •Ejido San Ignacio 9 •Ejido Emiliano Zapata 10 •Mexican Federal Lands 11 •Ejido El Baturi 12 •Ejido Los Cuarenta 13 •Ejido San Jose de Gracia 14 •Conservation Strategy 14 •Conservation Easements and Mexican Law 15 •Ejido Lands- Communal and Private 15 •Federal Lands 15 •Laguna San Ignacio Conservation Trust 15 •Stewardship Fund 15 •Legal Defense Fund

17 Stakeholders

18 Laguna San Ignacio Conservation Alliance 18 •Pronatura 18 •WiLDCOAST 19 •Natural Resources Defense Council 19 •International Community Foundation 20 •Laguna Baja Asociación Rural de Interés Colectivo 20 •Ejido Luis Echeverria Alvarez

21 Appendices 21 •Independent Legal Review 21 •Risk Assessment 23 •Valuation 23 •Accounting for Inflation Over Time Executive Summary

Laguna San Ignacio, a UNESCO World Heritage development, and land speculation could dra- Site, is the last undeveloped gray birthing matically alter the pristine lagoon, lagoon on the planet. Part of the Vizcaíno Bio- wetlands, and mangrove lagoons that cover sphere Reserve, the Laguna San Ignacio Wetland hundreds of square miles of coastline. Complex is home to gray , green sea Local people, including members of the six turtles, peregrine falcons, and hundreds of thou- surrounding ejidos (communal land coopera- sands of migratory waterfowl and shorebirds. tives) are now legally able to sell their land. There is a great danger that many could sell their lands to industrial-scale developers or land specula- tors. In order to permanently protect one of the world’s most precious treasures, Pronatura- Noroeste, WiLDCOAST, International Commu- nity Foundation (ICF), Natural Resources De- fense Council (NRDC), the Ejido Luis Echeverría Alvarez, and the Laguna Baja Asociación Rural de Interés Colectivo (ARIC) have formed the La- guna San Ignacio Conservation Alliance. The Alliance mission is to work with com- munity-based organizations and private land owners within the Laguna San Ignacio Wetland Complex to protect one-million acres of pristine coastal ecosystems. Over the next two years the Alliance will preserve the seven project sites that include communal lands, private property and federal lands for a total cost of 9.9 million dol- lars. The Global Green Grant Fund, Sandler Family Supporting Foundation, International Community Foundation, Natural Resources Defense Council, San Diego Foundation Orca Fund and the North American Wetlands Con- servation Act (NAWCA) Grants Program pro- vided seed funding and organizational support to develop this project. The Laguna San Ignacio Conservation Alli- ance will permanently protect the lagoon by Protecting Laguna San Ignacio is a once-in- developing conservation easements for biologi- a-lifetime opportunity to save a global treasure cally significant communal and privately owned and one of the world’s most biologically signifi- cant coastal sites. This project is our last chance to protect the world’s last undeveloped gray whale lagoon. By preserving the Laguna San Ignacio Wetland Complex, we will provide a model of wildlands and wetlands conservation that demonstrates that local people can be ef- fective stewards of wildlife habitats and that conservation and local economic development are compatible. In March 2000, a coalition of environmental organizations pressured former President Ernesto Zedillo to cancel the Mitsubishi Salt Project. Despite the victory, the Laguna San Ignacio Wetland Complex is once again threat- ened by major development. Salt , resort

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 1 lands in the six individual ejidos and the federal The International Community Foundation is a lands that surround the Laguna San Ignacio signatory to the easement agreements, with Wetland Complex. Pronatura and each ejido. The International During the first project phase in 2005, the Community Foundation will make an annual Alliance established a 120,000-acre conservation payment from the donor-advised fund based on easement comprising all the communal lands the agreed-upon terms of each conservation within the ejido Luis Echeverría Alvarez (ELA) easement. on the southern shore of Laguna San Ignacio. At each conservation site, the Alliance will This legally binding deal is being touted as a establish conservation reserves by structuring model for conserving both the environment and conservation easements over communally, par- the area’s cultural identity. In 2006, the Alliance celed and privately held lands. The Alliance will will complete the protection of 20,000 acres of also work on the investigation of the National private lands within ELA to complete Phase 1 of Lands legal status and the legal conservation the San Ignacio Conservation Alliance Conser- strategies to secure the protection of over 66,000 vation Plan. The Alliance will also launch Phase acres of Federal Zone lands within the Laguna 2 in order to protect 100,000 acres of wetlands San Ignacio Wetland Complex. As a part of the along the northern shore of San Ignacio Lagoon. methodology, the Alliance will develop legal and The International Community Foundation environmental baselines, create conservation manages individual donor-advised funds for zoning maps, prepare management plans, and each conservation easement as it is negotiated. structure conservation easements.

2 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 Laguna San Ignacio Wetland Complex

Laguna San Ignacio, a UNESCO World Heritage important for the whale watching industry at Site, is the most pristine gray whale birthing the lagoon and all over the Baja Pen- lagoon on the planet. The 1.5 million acre La- insula and the U.S. Pacific Coast. guna San Ignacio Wetland Complex is located on the Pacific Coast of Sur, in the municipality of Mulege. The wetland com- plex extends along 248 miles of coastline, includ- ing the lagoon and the Pacific coast of the Baja California Peninsula. It is located within the Vizcaíno Biosphere Reserve and is 600 miles south of the United States–Mexico border. The Laguna San Ignacio Wetland Complex (LSIWC) includes the lagoon, intertidal mudflats, salt flats, and sandy beaches, halo- philic vegetated coastal plains intersected by densely vegetated arroyos all of which rank among the most productive on earth. The LSIWC extends over six ejidos and an area of federal lands. Three mountain ranges surround the la- goon, the Sierra de Santa Clara, the Sierra de San Francisco, and the Sierra de Guadalupe. The LSIWC provides critically important The organic productivity (i.e., the amount habitat for migratory and waterfowls such as of life and life-giving nutrients) of the lagoon black brant (Branta bernicla) and godwits (Limosa complex is extraordinarily high. It supports an spp). Ninety-eight species of terrestrial birds amazing variety of plants and animals includ- and 123 species of waterfowls have been re- ing gray whales, green sea turtles and migra- ported on site. tory birds. The lagoon complex also provides Laguna San Ignacio is divided into north- critical habitat for rare species such as the en- ern and southern sections and has three en- dangered Peninsular pronghorn, peregrine fal- trances to the Pacific Ocean. The lagoon is rela- cons, golden and bald eagles, and osprey. tively shallow (19.7-39.4 ft.) with maximum Gray whales migrate from the high Arctic channel depths of 52.5 feet. Wetlands and man- waters of the Bearing and Chukchi Seas to the groves extend along 198 miles of the 247 miles of warm coastal lagoons of Baja California. The LSIWC coastline. The mangrove is a salt-toler- protection of the LSWIC is not only crucial for ant tree that grows in intertidal areas of tropi- the survival of these cetaceans, but it is also cal and subtropical oceans. Mangrove marshes are important bird habitat, breeding and feed- ing areas, as well as nurseries for many species of ocean fish. The LSIWC include white man- grove (Languncularia racemosa) and red mangrove (Rizophora mangle) species.

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 3 Threats

Mitsubishi/Exportadora de Sal industrial salt project would be transformed Despite the cancellation of Exportadora de Sal’s into a new and viable project. (ESSA) project by President Ernesto Zedillo on The industrial salt production project’s March 2, 2000, the Mitsubishi’s Industrial Salt components would have a devastating impact Production project continues to pose a threat to on the lagoon complex. One-hundred-and-six- the Laguna San Ignacio Wetland Complex. The teen square miles would be converted into decision of the federal government of granting a evaporative and crystallization ponds. Six thou- new salt production concession in 2001 is evi- sand gallons of saltwater per-second would be dence that San Ignacio lagoon is still in jeop- pumped by 17 diesel engines operating around ardy. the clock. A 1.2 mile-long pier would be built in ESSA was, and continues to be, owned by the nearby town of Punta Abreojos (Ejido El Mitsubishi (49%) and the Mexican Government Baturi). An industrial complex and a planned (51%). The cancelled industrial salt production community to house temporary and permanent project was a private/government venture. workers would be built near the lagoon. Mexican government officials have been These installations would result in major discretly considering divesting Mexico’s inter- changes to the area. Intense economic activity est in ESSA. A private company purchasing the would undoubtedly draw people in search of Mexican government’s 51% interest would not employment and thereby negatively exert pres- be subject to President Zedillo’s cancellation of sures on the currently pristine environment and the private/government venture. In effect, the gray whale sanctuary.

4 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 The Nautical Stairway The mega-development project Nautical Stair- way or “Escalera Nautica” continues to be a threat to Laguna San Ignacio. The project, con- ceived in the 1970’s, was passed to successive administrations and ultimately inherited by President Vicente Fox. Mexico’s National Tourism Board (FONATUR), the lead agency, announced the plan to build twenty-four resort/marinas along the Baja California peninsula. FONATUR boasted that the Escalera Nautica would attract 52,000 boats and one million visitors annually. These estimates proved to be grossly exagger- ated. EDAW, an independent international con- cluded that FONATUR had over-estimated the market by 600%. No site specific Environmen- tal Impact Assessments (EIAs) were ever sub- Pemex – Oil and Natural Gas Drilling mitted. Punta Abreojos (inside ejido El Baturi) Oil and gas drilling also pose a serious threat to continues to be an Escalera Nautica marina site the region. Petroleos Mexicanos (PEMEX) has and a number of FONATUR maps show the conducted extensive exploratory oil and natu- marina in the exact location proposed for the ral gas drilling in Laguna San Ignacio. Oil in- Mitsubishi salt project’s 1.2-mile pier. dustry benchmarks are located throughout the The Escalera Nautica project encountered, lagoon complex. Rising global oil and gas de- and continues to encounter, fierce national and mand and industry market manipulation have international environmental opposition. A coa- significantly increased the likelihood of future lition of environmental groups eventually operations in the area. reached an agreement with FONATUR in which the project would be scaled back. FONATUR Unregulated Urban Sprawl and Natural agreed to only promote existing marina up- Resource Use grades under the banner of “Programa Mar de A lack of local planning and regulatory struc- Cortez.” FONATUR breached this agreement tures threatens the well being of local commu- when it announced plans for new marinas in nities and ecosystems. For political reasons, lo- the Sea of Cortez and the Pacific Ocean includ- cal agencies often support the formation of ir- ing the recent marina approval for Punta regular settlements and seasonal fishing camps Abreojos. along the coast. In the fish camp at El Cardon, squatters have settled next to an extensive mangrove area. This settlement is located in a low-lying coastal mud flat that is subject to flooding. The ejido Luis Echeverría has unsuccessfully attempted to con- vince the settlers to relocate to the nearby com- munity. Despite the potential harm to the man- grove environment, landowners have not ad- dressed the issue because no governmental in- centives or law enforcement compel them to do so. These settlements and fish camps are in vio- lation of the Vizcaíno Biosphere Reserve’s pro- hibition against new settlements. Instead of in- ducing the settlers to relocate, state and munici- pal politicians have supported them in exchange of election support and votes. This situation has led to an increase in the number of squatters entering Laguna San Ignacio.

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 5 Conservation Plan

The Alliance approach is to: (1) establish open and participatory discussions; (2) incorporate the ejidos into the Alliance; (3) develop fair and effective conservation legal structures in partnership with the ejidos; (4) responsibly manage individual ejido trust accounts; and (5) monitor and defend the estab- lished conservation structures. The Alliance's goal is to protect 894,035 of the 1.5 million acres of coastal ecosystems surrounding Laguna San Ignacio. The estimated cost of the project is around 9.9 million dollars. CONSERVATION TARGET AREA: 894,035 ACRES TOTAL COST: $9,944,545

Phase Ejido Conservation Target Area Total Cost (Acres) 1 Luis Echeverria Alvarez Common lands: 120,847 ACCOMPLISHED $1,586,471 Private lands: 20,000 2 Mexican Federal Lands 66,503 $738,221 3 San Ignacio 126,684 $1,382,471 4 Emiliano Zapata 174,317 $1,837,921 5 El Baturi 137,502 $1,528,508 6 Los Cuarenta 102,337 $1,225,906 7 San Jose de Gracia 145,845 $1,645,047

6 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 Ejido Luis Echeverria Total Area: 140,847 Acres Conservation Target Area: 140,847 Acres Accomplished: 120,847 Acres Total Cost: $1,586,471

Financing Requirements $ USD

1. Communal Lands Incentives 675,000 2. Private Property Incentives 545,040 3. Stewardship endowment 122,004 4. Legal defense fund 122,004 5. Implementation Costs (Pronatura & Wildcoast) 122,423

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 7 Ejido San Ignacio Total Area: 316,710 Acres Conservation Target Area: 126,684 Acres Total Cost: $1,382,471

Financing Requirements $ USD

1. Communal and Private Lands Incentives 1,102,151 2. Stewardship endowment 110,215 3. Legal defense fund 110,215 4. Implementation Costs (Pronatura & Wildcoast) 59,890

8 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 Ejido Emiliano Zapata Total Area: 290,528 Acres Conservation Target Area: 174,317 Acres Total Cost: $1,837,921

Financing Requirements $ USD

1. Communal and Private Lands Incentives 1,481,693 2. Stewardship endowment 148,169 3. Legal defense fund 148,169 4. Implementation Costs (Pronatura & Wildcoast) 59,890

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 9 Mexican Federal Lands Total Area: 208,728 Acres Conservation Target Area: 66,503 Acres Total Cost: $738,221

Financing Requirements $ USD

1. Federal Land Concessions 565,276 2. Stewardship endowment 56,528 3. Legal defense fund 56,528 5. Implementation Costs (Pronatura & Wildcoast) 59,890

10 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 Ejido El Baturi Total Area: 137,502 Conservation Target Area: 137,502 Acres Total Cost: $1,528,508

Financing Requirements $ USD

1. Communal and Private Lands Incentives 1,168,767 3. Stewardship endowment 116,877 4. Legal defense fund 116,877 5. Implementation Costs (Pronatura & Wildcoast) 125,988

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 11 Ejido Los Cuarenta Total Area: 255,842 Acres Conservation Target Area: 102,337 Acres Total Cost: $1,225,906

Financing Requirements $ USD

1. Communal and Private Lands Incentives 890,330 3. Stewardship endowment 89,033 4. Legal defense fund 89,033 5. Implementation Costs (Pronatura & Wildcoast) 157,510

12 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 Ejido San Jose de Gracia Total Area: 364,613 Acres Conservation Target Area: 145,845 Acres Total Cost: $1,645,047

Financing Requirements $ USD

1. Communal and Private Lands Incentives 1,268,853 3. Stewardship endowment 126,885 4. Legal defense fund 126,885 5. Implementation Costs (Pronatura & Wildcoast) 122,423

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 13 Conservation Strategy first conservation easement in 1998 at Las The Alliance is working to establish conserva- Cañadas, in the state of Veracruz. The follow- tion easements to permanently protect the La- ing year, a government road-building project guna San Ignacio Wetland Complex. Fundamen- began to cut a swath through the private con- tal to the project’s success was the formation of servation reserve. The Court hearing the case a multi-level stakeholder alliance. Once formed, held that the protected property provided a the Alliance worked in partnership to structure public benefit and ordered a halt to the construc- appropriate legal conservation mechanisms, tion project. namely conservation easements (servidumbres In “Rancho El Paval,” Pronatura structured ecológicas). a private property conservation easement A servidumbre ecológica (conservation ease- within El Triunfo Biosphere Reserve in the state ment) is a voluntary legal agreement between of Chiapas, in which the conservation easement’s two or more property owners in which the land dominant parcel is the entire Biosphere Reserve, use rights of one are restricted and provided to with Pronatura and the Biosphere Reserve shar- another, with the objective of preserving natu- ing legal enforcement power. ral resources, scenic beauty, or historical and cultural values of the land in perpetuity. A servidumbre ecológica runs with the land and not with the property owner and is given full faith and credit by Mexican courts. An extended dialogue between Alliance members was conducted in order to determine economic and environmental baselines, identify local and international threats, and visualize the community’s future. During these meetings, ejidatarios and outfitters became an integral part of the conservation project. The participation of local Alliance members was key to structuring the first of a series of legal agree- ments designed to permanently protect the en- tire Laguna San Ignacio Wetland Complex.

Conservation Easements and Mexican Law In Mexico, the laws and legislative processes concerning real property rights are derived from In Baja California, project partners have the Civil Code. Private lands protection has formed the Bahia de los Angeles Conservation mainly taken place at the state level where con- Alliance to permanently protect the 150-mile La servation organizations such as Pronatura have Asamblea-San Francisquito Coastal Corridor. used civil legislation to establish contractual Project partners established Mexico’s first civil law land rights that are durable and effec- coastal private conservation reserve at La tive against third parties. Unica. Pronatura and WiLDCOAST structured In Baja California Sur, land conservation has the 300-acre conservation easement with the taken place through the use of appurtenant ease- Smith family. The conservation easement, one ments created under Civil Code (articles 1062, of seven coastal corridor priority sites, delin- 1063 and 1114). These voluntary agreements eates appropriate and restrict the type or intensity of use over the land zoning. The conservation easement was re- in order to preserve the land’s natural resources viewed by the Mexican Center for Environmen- or archeological, historical or cultural attributes. tal Law (CEMDA) to make sure the validity of The easements are formalized before a Notary the contract and constitutes an important con- Public, recorded in the public registry or in the servation model for the region. The Interna- Registro Agrario Nacional if the property is ejido tional Community Foundation manages the land. Bahia de los Angeles Conservation Trust. Pronatura is Mexico’s leader in private lands In December 2004, project partners struc- conservation. Pronatura structured Mexico’s tured a conservation easement with five other

14 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 different owners, permanently protecting 1,127 eral Zone (60 feet in from mean high tide) and acres of wetlands in the Guadalupe Wetland granting the rights of the concession to the complex. The International Community Foun- Vizcaíno Biosphere Reserve. If the Mexican gov- dation, which manages the Bahia de los Angeles ernment denies the application and decides to Conservation Fund, was instrumental in secur- grant mining concession, the Alliance will le- ing the conservation easements. In 2005, gally challenge this concession. Implementation Pronatura-Noroeste secured 2650 acres in Ba- funds will be available to the project team for hia de Los Angeles, safeguarding three of seven Federal Zone legal services, costs, challenges, and ecosystems considered vital for biological con- implementation. servation in the region. Laguna San Ignacio Conservation Trust Funds Ejido Lands – Communal and Private The International Community Foundation is Ejidos are communal land grant towns. Ejidal managing individual donor-advised funds for lands are categorized as private parcels or com- each conservation easement. Funds are depos- mon use lands. Conservation easement nego- ited into a donor-advised account on the day tiations are divided according to the ejido land the conservation easement is signed. Annual category. All ejido members participate in struc- payments are based on semi-annual monitor- turing a common use land conservation ease- ing reports from Pronatura, which ensure that ment. Additionally, all ejido members retain an the conditions of the easement are adhered to. interest in common use lands, even if they are Stewardship funds for this purpose are also owners of individual parcels. Discussions re- managed by ICF. lated to private parcels are conducted with the respective owners and the legal con-servation Stewardship Fund structure is unique to each parcel. The Laguna San Ignacio Conservation Alliance Under the terms and conditions of a conser- agreements are the first legal land conservation vation easement, a management plan is created structures in Mexico with integrated steward- indicating proper and improper uses for three ship funds. The International Community Foun- main distinct zones: dation manages a stewardship fund, which fi- • Conservation Zones. - Areas of high envi- nances: (1) a legal and ecological baseline study; ronmental value such as wetlands, beaches, or (2) long-term monitoring activities regarding arroyos. Land use and development in this area baseline, land use issues, environmental condi- is highly restricted. tions and limitations, and; (3) conservation ease- • Buffer Zones. - Areas bordering Conser- ment status and review. The monies generated vation Zones and have intermediate environ- from each project site stewardship fund account mental value. Land use and development is per- will finance two site inspections per year, one mitted according to the terms and conditions of report per visit, and one annual report. Each the conservation agreement. report will analyze key baseline indicators in- • Sustainable Use Zones. - Areas of inter- cluding, legal, environmental, land use, and ease- mediate to low environmental value or areas ment status. All parties involved in the conser- that have been identified in the legal conserva- vation easement negotiation will receive a copy tion agreement for a specific use. Examples are of the reports. the urban center and aquaculture project sites. Legal Defense Fund Federal Lands The Laguna San Ignacio Conservation Alliance Federal Lands are tracts of land held by the is establishing the first legal conservation agree- Mexican Federal Government. The federal gov- ments in Mexico with integrated legal defense ernment can make use of land by itself, in part- fund accounts. The International Community nership with a private company or by granting Foundation will manage these accounts within concessions. A large tract of federal land located the Laguna San Ignacio Conservation Trust. The on the northwest coast of the lagoon was the funds will be utilized exclusively to legally en- proposed site of ESSA’s crystallization ponds, force and defend the terms and conditions of the the concentration ponds, and the saturated brine conservation easements against all internal and ponds. external parties. Pronatura is granted full legal Project team strategy for federal lands in- power to enforce and defend the terms and con- cludes requesting a concession of the coastal Fed- ditions of the executed legal conservation struc-

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 15 tures under the terms and conditions of the con- servation easements. The legal defense fund ac- counts for three violations per year for five years and includes lawyer’s fees and expenses, and court costs.

16 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 Stakeholders

The conservation of the Laguna San Ignacio volvement of local people through a number of Wetland Complex involves players at the com- conservation and sustainable development pro- munity, local, regional and international level. grams with ejidos. These successes demonstrate Conservation projects often require local, re- the reserve’s leadership position and ability to gional, national, and international collaboration work collaboratively with a wide variety of in order to succeed. The incorporation of new stakeholders. stakeholders and their subsequent collaboration National and international organizations, helps keep conservation viable. such as Pronatura, WiLDCOAST, Natural Re- Community level stakeholders depend on sources Defense Council and Global Green Grant healthy marine and coastal ecosystems. Local Fund, play an important role as conservation stakeholders include local ejidos, ejido members promoters and intermediaries in the lagoon. and fishers, fishing cooperatives, tourist outfit- ters and guides, and local businessmen. Accord- ingly, they play an important leadership role in local government’s inaction and lack of presence in the lagoon. On the regional level, the Vizcaino Bio- sphere Reserve plays a prominent conservation role. The reserve was approved by the govern- ment as a National Biosphere Reserve in 1988 and was internationally recognized as a bio- sphere reserve under UNESCO’s Man and Bio- sphere Reserve Program in 1993. The national decree legally established the reserve’s core and buffer zones, along with regulations for the use of each of these zones. The reserve is an example of international cooperation enhancing natural capacity and administrative op- erations. The reserve has also increased the in-

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 17 Laguna San Ignacio Conservation Alliance

Pronatura-Noroeste, WiLDCOAST, Interna- dinated the conservation of 350,000-acres of tional Community Foundation (ICF), the Natu- rainforest habitat in southern Mexico in part- ral Resources Defense Council (NRDC), the La- nership with The Nature Conservancy. He guna Baja Asociacion Rural de Interes Colectivo worked for the Federal Environmental Protec- (ARIC), and the Ejido Luis Echeverría Alvarez tion Office before joining Pronatura. He is co- have formed the Laguna San Ignacio Conserva- author of the Environmental Law of Naucalpan tion Alliance. The Alliance mission is to work de Juárez County, and represents Pronatura at with community-based organizations and pri- the National Forestry Council. Martín holds an vate landowners within the Laguna San Ignacio environmental law degree from the Universidad Wetland Complex to protect one-million acres Iberoamericana. of pristine coastal ecosystems. • José Fernando Ochoa Pineda. Land Con- servation Program Legal Advisor. He holds a law degree from the Universidad Intercontinen- tal and a graduate diploma in Environmental Law from the Universidad en Estudios de Posgrado en Derecho. He helped establishing Pronatura is Mexico’s most established conser- the bi-national conservation easement in Tecate, vation organization and a pioneer in Mexican coastal easements in Bahia de Los Angeles, and private lands conservation. The organization the Lucenilla Peninsula Conservation Trust. is currently working on a number of private lands protection projects with WiLDCOAST in- cluding the Bahia de Los Angeles Coastal Corri- dor and Bahia Concepcion Peninsula Conserva- tion Project. Pronatura recently developed a bi- national private lands conservation corridor in the Tecate- border region and estab- Founded in 2000, WiLDCOAST is an interna- lished the 25,000-acre Lucenilla Peninsula Con- tional conservation team dedicated to protect- servation Reserve along the Sea of Cortez in the ing coastal communities, wildlands, and wild- state of Sinaloa. Staff includes: life. Through community outreach, activism • Juan Carlos Barrerra. Executive Director. and media campaigns, WiLCOAST works to Juan Carlos is one of the most experienced con- eliminate threats to ecosystems and to develop servation professionals in Mexico. Prior to man- reserves to permanently protect sensitive ar- aging Pronatura-Noroeste, he directed the Sea eas. Since its inception, WiLDCOAST has suc- of Cortez Program for the World Wildlife Fund. cessfully protected more than one million acres He also managed the one-million acre Upper Sea of coastal wildlands. Staff includes: of Cortez Biosphere Reserve. • Serge Dedina. Executive Director. Serge re- • Miguel Angel Vargas Téllez. Land Con- ceived the 2003 Environmentalist of the Year Award. servation Program Coordinator. Miguel’s Over the past ten years Serge helped develop achievements include the establishment of the the 500,000-acre Loreto Bay National Park and bi-national conservation easement in Tecate, the 24,000-acre Isla Espíritu Santo Refuge. He coastal easements in Bahia de Los Angeles, and initiated the campaign to stop the Mitsubishi the Lucenilla Peninsula Conservation Trust in Corporation from building a salt project in La- Sinaloa, the largest coastal easement in the Mexi- guna San Ignacio. He founded The Nature can Pacific Coast. He holds a degree in marine Conservancy’s Baja California and Sea of Cortez resources administration from the University Program. The author of Saving the Gray Whale, of Baja California. he received his Ph.D. in Geography from the • José María Beltrán Abaunza. Conserva- University of Texas at Austin. tion Information Center Coordinator. José has • Saúl Alarcón Farfán. Wildlands Conser- been a Geographic information Systems con- vation Program Manager. A native of Mexico sultant since 1995. Saúl received his M.S. in Natural Resource Man- • Martín Gutiérrez Lacayo. Land Conser- agement and Geographic Information Systems vation Program Coordinator. He recently coor- from the University of Michigan and has worked

18 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 on natural resource issues for the U.S. and Mexi- senior attorney in NRDC's Washington D.C. of- can government on both sides of the border. Be- fice, Jacob was a leader with Joel Reynolds in fore working with WiLDCOAST, Saúl worked the successful campaign to stop the construc- with Jones & Stokes in San Diego as a biological tion of a massive saltworks project at Laguna consultant. San Ignacio. During the course of his career at • Fay Crevoshay. Communications Direc- NRDC since the mid-1970s, Jacob has worked tor. Fay is a former National Public Radio and on a broad range of international environmen- El Financiero reporter. She is considered to be tal issues around the world. He has a particular Mexico’s top environmental communications interest in strengthening the capacity of com- professional. She arranged recent coverage by munities in Latin America to protect the natu- the San Diego Union-Tribune, , ral ecosystems upon which they depend. USA Today and Christian Science Monitor of the conservation easement deal with Ejido Luis Echeverría. She holds a M.A. in Political Science from the University of Toronto. Fay is a native of Mexico.

Established in 1990, the International Commu- nity Foundation (ICF) is a public charity work- ing to foster lasting philanthropy to benefit un- der-served communities throughout the Americas and Asia. With over 70% of ICF’s re- cent grantmaking benefiting charitable causes along the Baja California peninsula, ICF is com- The Natural Resources Defense Council (NRDC) mitted to assisting U.S. donors with charitable is a national, non-profit organization of scien- giving needs from Tijuana to Los Cabos. ICF tists, lawyers and environmental specialists established and manages the Laguna San dedicated to protecting public health and the Ignacio Conservation Trust. ICF was a princi- environment. NRDC was instrumental in de- pal partner in the protection of Isla Espíritu fending pristine gray whale habitat during the Santo in the Sea of Cortez, a 3.1 million dollar five-year global campaign to stop the Mitsubishi conservation agreement that permanently pro- Industrial Salt Project in Laguna San Ignacio. tected a Mexican national protected area in NRDC continues to support conservation and 2003. The foundation is also a principal part- sustainable development projects in the com- ner in the Bahia de Los Angeles Conservation munities surrounding Laguna San Ignacio. Alliance and has funded and helped structure NRDC has led the effort to block the U.S. Navy’s private-land conservation reserves with global deployment of a new high intensity sub- Pronatura on the U.S.-Mexican border. Staff marine detection system Low Frequency Active includes: Sonar that has devastating impacts on marine • Richard Kiy. President and CEO. Prior to join- mammals. Staff includes: ing ICF, Kiy served as Senior Vice President for • Joel Reynolds. Marine Mammal Protection Business Development at PriceSmart, Inc. Be- and Southern California Ecosystem projects Di- fore joining PriceSmart, Richard served as Prin- rector and Urban Program co-director. As head cipal Deputy Asistant Secretary for Environ- of NRDC’s Coastal Ecosystem and Marine Mam- mental Health and Safety at the U.S. Depart- mal Protection projects, he has spearheaded ment of Energy. A graduate of Stanford Uni- NRDC’s efforts to obtain or preserve legal pro- versity and Harvard University's John F. tection for wildlife and its habitat in California Kennedy School of Government, Kiy is also the and Baja California, including the Pacific gray co-author of the book Environmental management whale and the coastal California gnatcatcher. alon North America's borders. He co-directed NRDC’s successful five-year cam- • Anne Mcenany. Sustainable Communities Di- paign against Mitsubishi Corporation’s plan to rector. Prior to working with ICF, Anne was industrialize the World Heritage Site at Laguna the Director of Development and Program Mar- San Ignacio. keting at the Trust for Public Land. She has • S. Jacob Scherr. Internation Program Di- worked at The Nature Conservancy and Con- rector and BioGems Initiative Coordinator. A servation International in addition to numer-

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 19 ous consultin assignments for non-profits and businesses. Anne has a M.S. from Tulane Uni- versity in Applied International Development with a concentration in environmental plan- ning.

The Ejido Luis Echeverría (ELA) is a conserva- tion leader in Baja California. The forty-three member ejido has been instrumental in defend- ing Laguna San Ignacio from large-scale devel- opment threats including the Mitsubishi Indus- trial Salt Project. ELA community members led The Laguna Baja Asociación Rural de Interés the effort to organize the lagoon’s whale watch- Colectivo (ARIC) is a coalition of nine small-scale ing guides and outfitters under the organiza- ecotourism enterprises operating in Laguna San tion Laguna Baja ARIC. The ejido has actively Ignacio. Fishermen by trade, ARIC members participated in structuring ejido-wide conser- hold exclusive government-issued permits to vation easements. Every member of the ejido work as whale-watching guides. The ARIC’s signed the ELA conservation easement. livelihood depends on healthy lagoon ecosys- tems and therefore it is actively involved in con- servation and management efforts. The ARIC has been an active partner in structuring the Ejido Luis Echeverría conservation easement and is considered to be Mexico’s leading locally based ecotourism organization. Staff includes: • Raúl López Góngora. Raúl has worked as a fisherman and whale-watching guide in La- guna San Ignacio since 1981 and is a member of the Ejido Luis Echevería. The company he co- founded, Ecoturismo Kuyima, is one of Mexico’s most distinguished ecotourism and whalewatching outfitters. Raúl coordinated the micro-credit program supported by Eco-Logic Enterprise Venture Fund for Laguna San Ignacio. Raúl works with Pronatura and WiLDCOAST as the lead outreach coordinator with ejidos surrounding the lagoon.

20 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 Appendices

Independent Legal Review land Complex. Legal conservation structures Pronatura conservation easements structures that permanently protect private property and meet the highest standards of legal scrutiny. strengthen existing conservation schemes such Mexican laws and legislative processes concern- as national protected areas must be established. ing real property rights are derived from the Legal conservation structures such as conser- Civil Code. Private lands protection primarily vation easements must be established in part- takes place at the state level where conserva- nership with local, regional, and national stake- tion organizations such as Pronatura use civil holders in order to foster multi-level conserva- legislation to establish contractual civil law land tion participation. Government agencies must rights that are durable and effective against be incorporated into the Laguna San Ignacio third parties. Legal conservation structures in Alliance (LSICA) and conservation structures. Mexico are analyzed by a combination of in- The National Forestry Commission has pledged house legal advisors. Pronatura attorneys thor- support to the LSICA efforts and has committed oughly review legal agreements to ensure they to providing technical assistance as well as fi- meet present and future conservation goals. nancial incentives in the form of payment for First, attorneys structuring the legal agreements environmental services provided by LSICA con- are required to thoroughly review the docu- servation easements. The Vizcaíno Biosphere ments. Second, the documents are referred to Reserve administration has also pledged sup- Pronatura’s national headquarters for a review port to LSICA efforts and will be expanding re- by senior attorneys. Additionally, Pronatura’s serve conservation programs in the newly cre- conservation agreements are reviewed by in- ated ejido reserves. The National Agrarian Reg- dependent legal consultants. For example, The istry (NAR) and its administrative agency the Centro Mexicano de Derecho Ambiental Procuraduria Agraria recognized the Ejido Luis (CEMDA) reviewed and approved Pronatura’s Echeverría's request to empower its represen- conservation easements established in the Ba- tative to execute an ejido-wide conservation hia de Los Angeles Coastal Corridor. Baker & easement. The National Agrarian Registry for- McKenzie also reviewed the Ejido Luis mally recorded the conservation easements. Echeverría conservation easement. The outcome These government actors, in partnership with of this rigorous review is long-lasting, solid le- the LSICA, represent an important base from gal agreements. which to build a public/private constituency capable of countering threats to LSICA goals. Risk Assessment Government's positive exercise of regula- • Federal, State, and Local Government. The tory powers has promoted conservation. Na- Mexican Constitution and civil codes give the tionally, Mexico has established 138 natural pro- government regulatory powers over private and tected areas covering 12.4 million-acres. Sev- public lands. These regulatory powers have enty-percent of the total number of protected been exercised in a both positive and negative acres are privately owned, subject to regulations manner in regards to conservation. limiting certain development rights. The Mexi- Government’s negative exercise of regula- can federal government’s general policies pro- tory powers has severely impacted and threat- tect important areas while recog- ened conservation in Baja California. The Fed- nizing private property rights. The Natural eral and State Governments have promoted Protected Areas National Commission large-scale development projects that favor eco- (CONANP) and the Vizcaíno Biosphere Reserve nomic development agencies in direct conflict both favor a model of public and private areas with natural protected area regulations and subject to land use restrictions according to con- national conservation goals. Current threats servation goals. The two agencies are actively include the Mitsubishi/Exportadora de Sal in- promoting the establishment of the proposed dustrial salt project and the Nautical Stairway conservation easements in the Laguna San mega-tourism development project. Ignacio Wetland Complex. Immediate conservation efforts are required • Private Industry and Land Speculation. to address the high probability of negative gov- Immediate efforts are required to address the ernment action in the Laguna San Ignacio Wet- negative impacts caused by industrialization

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 21 and land speculation within the Laguna San corded in the Registro Agrario Nacional. Ignacio Wetland Complex. The Mitsubishi/ESSA National legislation recognizes conserva- industrial salt project continues to pose the most tion easements and the Registro Agrario serious threat to the region. ESSA representa- Nacional and the Procuraduria Agraria recog- tives approached the Ejido San Ignacio in order nize and codify conservation easements in the to discuss the possible purchase of 21,000-acres national federal registry, thus it is unlikely that along Laguna San Ignacio coastline. The ESSA court challenges to conservation easements and project would annihilate 116-square miles of in- management plans would overturn voluntary tertidal, mud, and salt flats. Some documents contractual agreements. indicate that the federal government is consid- The Mexican government could revise and ering divesting itself of the industrial salt weaken environmental laws. For example, the project, and a private Mexican corporation pur- environmental agency SEMARNAT recently chasing the project rights would not be subject undermined a law that gives protected status President Ernesto Zedillo’s cancellation of the to wetlands and mangroves. Nevertheless, con- project. servation easement management plans are not The National Tourism Fund and the Baja affected by changes to Mexican environmental California Secretary of Tourism continue to pro- laws. The regulations embodied in management mote the Nautical Stairway. This project would plans, based on contract law, would remain in produce devastating primary and secondary full force and effect. The LSICA easements cur- impacts on the wetland complex. First, mega- rently establish a higher protection regime than resort and marina projects would destroy pris- the embodied in environmental laws protect- tine coastal ecosystems. Second, increased eco- ing wetlands and mangroves. nomic activity combined with improved trans- Strategies that would increase the chances portation corridors would ignite widespread of conservation easement success include: (1) the land speculation and a large inflow of economic establishment of a political conservation con- immigrants from other regions of Mexico. stituency capable of enacting, enforcing, and The high probability of negative environ- defending federal and state conservation legis- mental impacts due to industrialization and lation; (2) the enactment of a federal law that land speculation can be restricted via legal con- establishes a national legal standard for the cre- servation structures. For example, ejido-wide ation of appurtenant and in gross conservation legal conservation structures directly address easements; and (3) the enactment of legislation industrialization and land speculation: large- improving state and federal incentives to pro- scale industrialization is prohibited by the terms mote private land conservation. and conditions of conservation easements. • Ejidos and Ejidatarios. It is very unlikely Ejido-wide conservation easements are solid le- that current ejido members will fail to meet the gal structures that reduce the risks that devel- responsibilities and obligations embodied in opment projects pose to the rights, use, enjoy- conservation easements. Ejido members have ment, and benefits derived from the easement. been instrumental in the decision making pro- In exchange of executing the conservation agree- cess that created the legal conservation struc- ments, LSICA establishes Ejido Annuity Ac- tures. The LSICA has carefully described post counts. Through the establishment of LSICA agreement contingencies such as interpretation, conservation structures, local ejidos leverage the implementation, transition period, and conflict biodiversity and conservation potential of their resolution. The LSICA will continue to main- lands and at the same time they secure the eco- tain participatory discussions and technical nomic sustainability of their communities. assistance to ejidos and ejido members. Post • Mexican Law. It is very unlikely that the agreement involvement, assistance, and local Mexican government would repeal or enact leg- capacity building by the LSICA in ejido reserves islation seriously abridging basic contractual are critical to avoid conflicts in the long term. or property rights. Mexico is a civil law society • Alliance member. It is improbable that and therefore legislation may not adversely af- any of the main Alliance members will cease to fect rights retroactively. Conservation ease- exist in the short term. However, in the case of a ments are based on contract law and are granted party withdrawal, the selection of successors full faith and credit by Mexican courts. Addi- and roles shall be made by the party one-level tionally, legal conservation structures are au- up on the chain of command. The authorized thorized by the Procuraduria Agraria and re- party shall make decisions according to its own

22 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 internal by-laws and decision-making pro- the Laguna San Ignacio Wetland Complex. cesses. The chain of command is as follows: (1) The National Forestry Commission has es- principal foundations and funders; (2) the In- tablished price points for environmental service ternational Community Foundation; (3) payments ranging from $8 - $20 per acre. Five Pronatura; (4) the LSICA Advisory Committee; annual payments, totaling $100 – $250, are made and (5) ejidos. to qualified property owners participating in the Environmental Service program. A piece of Valuation property must meet strict guidelines in order to Pronatura and WiLDCOAST conducted a cen- qualify for the program. Property owners are tral Baja California peninsula land valuation paid for proper management and conservation analysis in order to determine appropriate fi- of important ecosystems and biodiversity. The nancial conservation easement costs in the La- LSICA, utilizing CONAFOR criteria, established guna San Ignacio Wetland Complex. The analy- conservation easement costs ranging from $8 sis included: (1) a market value survey; (2) envi- to $100 per acre. ronmental services payments; and (3) negotia- Long-term local stakeholder buy-in is an tion guidelines. The analysis resulted in a acre essential element in conservation easement suc- easement cost ranging from $8 to $100. cess. The LSICA and the Ejido Luis Echeverría The principal factors determining the land structured a funding scheme that addresses fi- market value were land speculation, coastal lo- nancial supra and socio-political consider- cation, economic and development potential, ations. An annuity payment of at least $25,000 public services, size, and access. The high-end is conditioned on the ejido's fulfillment of the market value range was primarily driven by terms and conditions of the conservation ease- commercial real estate and industrial land ment. The conditional nature of the annuity speculation. The highest market value, $8,100 payments fosters long-term compliance. Addi- per acre was found at La Unica in Bahia de Los tionally, the LSICA will provide additional in- Angeles. La Unica is a property located in the centives including legal and technical assistance, coast with a beautiful scenic view that has a the introduction of government conservation tremendous economic potential. Some small programs, and local institutional capacity parcels also showed a very high market value, building. but these lands were extremely rare and not Accounting for Inflation Over Time representative of the market value. The low- The LSICA is establishing long-term strategies end of the market value range was character- to account for the impact of inflation over time. ized predominantly by land transactions in- For example, the LSICA determined that a volving land speculators and local community $675,000 account will meet the proposed annu- members. Land speculators paid as low as $8 ity targets (approximately 4.2% return) and per acre to local property owners. costs. Even though an overwhelming majority of The International Community Foundation the ejido members in the region are not inter- and WiLDCOAST prepared with Merrill-Lynch ested in selling their parcels, ejidatarios in the (ML) financial advisors Trust Account manage- Ejido San Ignacio and Ejido Emiliano Zapata ment options. The management options include have received offers from Mitsubishi/ESSA and strategies designed to promote long-term Trust ESSA representatives met with the Ejido San Account growth and protection against lean Ignacio to discuss the possibility of buying 21,000 years. Finally, the ejido’s participation in the coastal acres. Because of this offer, the LSICA decision making process reinforced LSICA part- proposal also considers the option of purchas- nerships. ing land as an alternative for conservation in

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 23