LAGUNA SAN IGNACIO CONSERVATION ALLIANCE Conservation_planWildCoast.pdf2 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 lands in the six individual ejidos and the

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LAGUNA SAN IGNACIOCONSERVATION ALLIANCE

1 Executive Summary

3 Laguna San Ignacio Wetland Complex

4 Threats4 •Mitsubishi/Exportadora de Sal5 •Nautical Stairway5 •PEMEX-Oil and Natural Gas Drilling5 •Unregulated Urban Sprawl and Natural Resource Use

6 Conservation Plan7 •Ejido Luis Echeverria8 •Ejido San Ignacio9 •Ejido Emiliano Zapata10 •Mexican Federal Lands11 •Ejido El Baturi12 •Ejido Los Cuarenta13 •Ejido San Jose de Gracia14 •Conservation Strategy14 •Conservation Easements and Mexican Law15 •Ejido Lands- Communal and Private15 •Federal Lands15 •Laguna San Ignacio Conservation Trust15 •Stewardship Fund15 •Legal Defense Fund

17 Stakeholders

18 Laguna San Ignacio Conservation Alliance18 •Pronatura18 •WiLDCOAST19 •Natural Resources Defense Council19 •International Community Foundation20 •Laguna Baja Asociación Rural de Interés Colectivo20 •Ejido Luis Echeverria Alvarez

21 Appendices21 •Independent Legal Review21 •Risk Assessment23 •Valuation23 •Accounting for Inflation Over Time

Contents/

Conservation Plan 2006 Laguna San Ignacio Conservation Alliance 1

Laguna San Ignacio, a UNESCO World HeritageSite, is the last undeveloped gray whale birthinglagoon on the planet. Part of the Vizcaíno Bio-sphere Reserve, the Laguna San Ignacio WetlandComplex is home to gray whales, green seaturtles, peregrine falcons, and hundreds of thou-sands of migratory waterfowl and shorebirds.

Protecting Laguna San Ignacio is a once-in-a-lifetime opportunity to save a global treasureand one of the world’s most biologically signifi-cant coastal sites. This project is our last chanceto protect the world’s last undeveloped graywhale lagoon. By preserving the Laguna SanIgnacio Wetland Complex, we will provide amodel of wildlands and wetlands conservationthat demonstrates that local people can be ef-fective stewards of wildlife habitats and thatconservation and local economic developmentare compatible.

In March 2000, a coalition of environmentalorganizations pressured former PresidentErnesto Zedillo to cancel the Mitsubishi SaltProject. Despite the victory, the Laguna SanIgnacio Wetland Complex is once again threat-ened by major development. Salt mining, resort

development, and land speculation could dra-matically alter the pristine gray whale lagoon,wetlands, and mangrove lagoons that coverhundreds of square miles of coastline.

Local people, including members of the sixsurrounding ejidos (communal land coopera-tives) are now legally able to sell their land. Thereis a great danger that many could sell their landsto industrial-scale developers or land specula-tors. In order to permanently protect one of theworld’s most precious treasures, Pronatura-Noroeste, WiLDCOAST, International Commu-nity Foundation (ICF), Natural Resources De-fense Council (NRDC), the Ejido Luis EcheverríaAlvarez, and the Laguna Baja Asociación Ruralde 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 landowners within the Laguna San Ignacio WetlandComplex to protect one-million acres of pristinecoastal ecosystems. Over the next two years theAlliance will preserve the seven project sites thatinclude communal lands, private property andfederal lands for a total cost of 9.9 million dol-lars. The Global Green Grant Fund, SandlerFamily Supporting Foundation, InternationalCommunity Foundation, Natural ResourcesDefense Council, San Diego Foundation OrcaFund and the North American Wetlands Con-servation Act (NAWCA) Grants Program pro-vided seed funding and organizational supportto develop this project.

The Laguna San Ignacio Conservation Alli-ance will permanently protect the lagoon bydeveloping conservation easements for biologi-cally significant communal and privately owned

Executive Summary

Laguna San Ignacio Conservation Alliance Conservation Plan 20062

lands in the six individual ejidos and the federallands that surround the Laguna San IgnacioWetland Complex.

During the first project phase in 2005, theAlliance established a 120,000-acre conservationeasement comprising all the communal landswithin the ejido Luis Echeverría Alvarez (ELA)on the southern shore of Laguna San Ignacio.This legally binding deal is being touted as amodel for conserving both the environment andthe area’s cultural identity. In 2006, the Alliancewill complete the protection of 20,000 acres ofprivate lands within ELA to complete Phase 1 ofthe San Ignacio Conservation Alliance Conser-vation Plan. The Alliance will also launch Phase2 in order to protect 100,000 acres of wetlandsalong the northern shore of San Ignacio Lagoon.

The International Community Foundationmanages individual donor-advised funds foreach conservation easement as it is negotiated.

The International Community Foundation is asignatory to the easement agreements, withPronatura and each ejido. The InternationalCommunity Foundation will make an annualpayment from the donor-advised fund based onthe agreed-upon terms of each conservationeasement.

At each conservation site, the Alliance willestablish conservation reserves by structuringconservation easements over communally, par-celed and privately held lands. The Alliance willalso work on the investigation of the NationalLands legal status and the legal conservationstrategies to secure the protection of over 66,000acres of Federal Zone lands within the LagunaSan Ignacio Wetland Complex. As a part of themethodology, the Alliance will develop legal andenvironmental baselines, create conservationzoning maps, prepare management plans, andstructure conservation easements.


Laguna San Ignacio, a UNESCO World HeritageSite, is the most pristine gray whale birthinglagoon on the planet. The 1.5 million acre La-guna San Ignacio Wetland Complex is locatedon the Pacific Coast of Baja California Sur, Mexicoin the municipality of Mulege. The wetland com-plex extends along 248 miles of coastline, includ-ing the lagoon and the Pacific coast of the BajaCalifornia Peninsula. It is located within theVizcaíno Biosphere Reserve and is 600 milessouth of the United States–Mexico border.

The Laguna San Ignacio Wetland Complex(LSIWC) includes the lagoon, intertidalmudflats, salt flats, and sandy beaches, halo-philic vegetated coastal plains intersected bydensely vegetated arroyos all of which rankamong the most productive on earth. The LSIWCextends over six ejidos and an area of federallands. Three mountain ranges surround the la-goon, the Sierra de Santa Clara, the Sierra deSan Francisco, and the Sierra de Guadalupe.

The organic productivity (i.e., the amountof life and life-giving nutrients) of the lagooncomplex is extraordinarily high. It supports anamazing variety of plants and animals includ-ing gray whales, green sea turtles and migra-tory birds. The lagoon complex also providescritical habitat for rare species such as the en-dangered Peninsular pronghorn, peregrine fal-cons, golden and bald eagles, and osprey.

Gray whales migrate from the high Arcticwaters of the Bearing and Chukchi Seas to thewarm coastal lagoons of Baja California. Theprotection of the LSWIC is not only crucial forthe survival of these cetaceans, but it is also

important for the whale watching industry atthe lagoon and all over the Baja California Pen-insula and the U.S. Pacific Coast.

The LSIWC provides critically importanthabitat for migratory and waterfowls such asblack brant (Branta bernicla) and godwits (Limosaspp). Ninety-eight species of terrestrial birdsand 123 species of waterfowls have been re-ported on site.

Laguna San Ignacio is divided into north-ern and southern sections and has three en-trances to the Pacific Ocean. The lagoon is rela-tively shallow (19.7-39.4 ft.) with maximumchannel depths of 52.5 feet. Wetlands and man-groves extend along 198 miles of the 247 miles ofLSIWC coastline. The mangrove is a salt-toler-ant tree that grows in intertidal areas of tropi-cal and subtropical oceans. Mangrove marshesare important bird habitat, breeding and feed-ing areas, as well as nurseries for many speciesof ocean fish. The LSIWC include white man-grove (Languncularia racemosa) and red mangrove(Rizophora mangle) species.

Laguna San Ignacio Wetland Complex


Threats

Mitsubishi/Exportadora de SalDespite the cancellation of Exportadora de Sal’s(ESSA) project by President Ernesto Zedillo onMarch 2, 2000, the Mitsubishi’s Industrial SaltProduction project continues to pose a threat tothe Laguna San Ignacio Wetland Complex. Thedecision of the federal government of granting anew salt production concession in 2001 is evi-dence that San Ignacio lagoon is still in jeop-ardy.

ESSA was, and continues to be, owned byMitsubishi (49%) and the Mexican Government(51%). The cancelled industrial salt productionproject was a private/government venture.Mexican government officials have beendiscretly considering divesting Mexico’s inter-est in ESSA. A private company purchasing theMexican government’s 51% interest would notbe subject to President Zedillo’s cancellation ofthe private/government venture. In effect, the

industrial salt project would be transformedinto a new and viable project.

The industrial salt production project’scomponents would have a devastating impacton the lagoon complex. One-hundred-and-six-teen square miles would be converted intoevaporative and crystallization ponds. Six thou-sand gallons of saltwater per-second would bepumped by 17 diesel engines operating aroundthe clock. A 1.2 mile-long pier would be built inthe nearby town of Punta Abreojos (Ejido ElBaturi). An industrial complex and a plannedcommunity to house temporary and permanentworkers would be built near the lagoon.

These installations would result in majorchanges to the area. Intense economic activitywould undoubtedly draw people in search ofemployment and thereby negatively exert pres-sures on the currently pristine environment andgray whale sanctuary.


The Nautical StairwayThe mega-development project Nautical Stair-way or “Escalera Nautica” continues to be athreat to Laguna San Ignacio. The project, con-ceived in the 1970’s, was passed to successiveadministrations and ultimately inherited byPresident Vicente Fox.

Mexico’s National Tourism Board(FONATUR), the lead agency, announced theplan to build twenty-four resort/marinas alongthe Baja California peninsula. FONATURboasted that the Escalera Nautica would attract52,000 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 themarket by 600%. No site specific Environmen-tal Impact Assessments (EIAs) were ever sub-mitted. Punta Abreojos (inside ejido El Baturi)continues to be an Escalera Nautica marina siteand a number of FONATUR maps show themarina in the exact location proposed for theMitsubishi salt project’s 1.2-mile pier.

The Escalera Nautica project encountered,and continues to encounter, fierce national andinternational environmental opposition. A coa-lition of environmental groups eventuallyreached an agreement with FONATUR in whichthe project would be scaled back. FONATURagreed to only promote existing marina up-grades under the banner of “Programa Mar deCortez.” FONATUR breached this agreementwhen it announced plans for new marinas inthe Sea of Cortez and the Pacific Ocean includ-ing the recent marina approval for PuntaAbreojos.

Pemex – Oil and Natural Gas DrillingOil and gas drilling also pose a serious threat tothe region. Petroleos Mexicanos (PEMEX) hasconducted extensive exploratory oil and natu-ral gas drilling in Laguna San Ignacio. Oil in-dustry benchmarks are located throughout thelagoon complex. Rising global oil and gas de-mand and industry market manipulation havesignificantly increased the likelihood of futureoperations in the area.

Unregulated Urban Sprawl and NaturalResource UseA lack of local planning and regulatory struc-tures threatens the well being of local commu-nities and ecosystems. For political reasons, lo-cal agencies often support the formation of ir-regular settlements and seasonal fishing campsalong the coast.

In the fish camp at El Cardon, squatters havesettled next to an extensive mangrove area. Thissettlement is located in a low-lying coastal mudflat that is subject to flooding. The ejido LuisEcheverría 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 doso.

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 exchangeof election support and votes. This situation hasled to an increase in the number of squattersentering Laguna San Ignacio.


Conservation Plan

The Alliance approach is to: (1) establish open and participatory discussions; (2) incorporate the ejidosinto the Alliance; (3) develop fair and effective conservation legal structures in partnership with theejidos; (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 coastalecosystems surrounding Laguna San Ignacio. The estimated cost of the project is around 9.9 milliondollars.

CONSERVATION TARGET AREA: 894,035 ACRESTOTAL COST: $9,944,545

Phase Ejido Conservation Target Area Total Cost(Acres)

1 Luis Echeverria Alvarez Common lands: 120,847 ACCOMPLISHED $1,586,471Private lands: 20,000

2 Mexican Federal Lands 66,503 $738,2213 San Ignacio 126,684 $1,382,4714 Emiliano Zapata 174,317 $1,837,9215 El Baturi 137,502 $1,528,5086 Los Cuarenta 102,337 $1,225,9067 San Jose de Gracia 145,845 $1,645,047


Ejido Luis EcheverriaTotal Area: 140,847 Acres

Conservation Target Area: 140,847 AcresAccomplished: 120,847 Acres

Total Cost: $1,586,471

Financing Requirements $ USD

1. Communal Lands Incentives 675,0002. Private Property Incentives 545,0403. Stewardship endowment 122,0044. Legal defense fund 122,0045. Implementation Costs (Pronatura & Wildcoast) 122,423


Ejido San IgnacioTotal Area: 316,710 Acres

Conservation Target Area: 126,684 AcresTotal Cost: $1,382,471


1. Communal and Private Lands Incentives 1,102,1512. Stewardship endowment 110,2153. Legal defense fund 110,2154. Implementation Costs (Pronatura & Wildcoast) 59,890


Ejido Emiliano ZapataTotal Area: 290,528 Acres





Mexican Federal LandsTotal Area: 208,728 Acres

Conservation Target Area: 66,503 AcresTotal Cost: $738,221


1. Federal Land Concessions 565,2762. Stewardship endowment 56,5283. Legal defense fund 56,5285. Implementation Costs (Pronatura & Wildcoast) 59,890


Ejido El BaturiTotal Area: 137,502





Ejido Los CuarentaTotal Area: 255,842 Acres



1. Communal and Private Lands Incentives 890,3303. Stewardship endowment 89,0334. Legal defense fund 89,0335. Implementation Costs (Pronatura & Wildcoast) 157,510


Ejido San Jose de GraciaTotal Area: 364,613 Acres





Conservation StrategyThe Alliance is working to establish conserva-tion easements to permanently protect the La-guna San Ignacio Wetland Complex. Fundamen-tal to the project’s success was the formation ofa multi-level stakeholder alliance. Once formed,the Alliance worked in partnership to structureappropriate legal conservation mechanisms,namely conservation easements (servidumbresecológicas).

A servidumbre ecológica (conservation ease-ment) is a voluntary legal agreement betweentwo or more property owners in which the landuse rights of one are restricted and provided toanother, with the objective of preserving natu-ral resources, scenic beauty, or historical andcultural values of the land in perpetuity. Aservidumbre ecológica runs with the land and notwith the property owner and is given full faithand credit by Mexican courts.

An extended dialogue between Alliancemembers was conducted in order to determineeconomic and environmental baselines, identifylocal and international threats, and visualizethe community’s future. During these meetings,ejidatarios and ecotourism outfitters became anintegral part of the conservation project. Theparticipation of local Alliance members was keyto 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 LawIn Mexico, the laws and legislative processesconcerning real property rights are derived fromthe Civil Code. Private lands protection hasmainly taken place at the state level where con-servation organizations such as Pronatura haveused civil legislation to establish contractualcivil law land rights that are durable and effec-tive against third parties.

In Baja California Sur, land conservation hastaken place through the use of appurtenant ease-ments created under Civil Code (articles 1062,1063 and 1114). These voluntary agreementsrestrict the type or intensity of use over the landin order to preserve the land’s natural resourcesor archeological, historical or cultural attributes.The easements are formalized before a NotaryPublic, recorded in the public registry or in theRegistro Agrario Nacional if the property is ejidoland.

Pronatura is Mexico’s leader in private landsconservation. Pronatura structured Mexico’s

first conservation easement in 1998 at LasCañadas, in the state of Veracruz. The follow-ing year, a government road-building projectbegan to cut a swath through the private con-servation reserve. The Court hearing the caseheld that the protected property provided apublic benefit and ordered a halt to the construc-tion project.

In “Rancho El Paval,” Pronatura structureda private property conservation easementwithin El Triunfo Biosphere Reserve in the stateof Chiapas, in which the conservation easement’sdominant parcel is the entire Biosphere Reserve,with Pronatura and the Biosphere Reserve shar-ing legal enforcement power.

In Baja California, project partners haveformed the Bahia de los Angeles ConservationAlliance to permanently protect the 150-mile LaAsamblea-San Francisquito Coastal Corridor.Project partners established Mexico’s firstcoastal private conservation reserve at LaUnica. Pronatura and WiLDCOAST structuredthe 300-acre conservation easement with theSmith family. The conservation easement, oneof seven coastal corridor priority sites, delin-eates appropriate sustainable development andzoning. The conservation easement was re-viewed by the Mexican Center for Environmen-tal Law (CEMDA) to make sure the validity ofthe contract and constitutes an important con-servation model for the region. The Interna-tional Community Foundation manages theBahia de los Angeles Conservation Trust.

In December 2004, project partners struc-tured a conservation easement with five other


different owners, permanently protecting 1,127acres of wetlands in the Guadalupe Wetlandcomplex. The International Community Foun-dation, which manages the Bahia de los AngelesConservation Fund, was instrumental in secur-ing the conservation easements. In 2005,Pronatura-Noroeste secured 2650 acres in Ba-hia de Los Angeles, safeguarding three of sevenecosystems considered vital for biological con-servation in the region.

Ejido Lands – Communal and PrivateEjidos are communal land grant towns. Ejidallands are categorized as private parcels or com-mon use lands. Conservation easement nego-tiations are divided according to the ejido landcategory. All ejido members participate in struc-turing a common use land conservation ease-ment. Additionally, all ejido members retain aninterest in common use lands, even if they areowners of individual parcels. Discussions re-lated to private parcels are conducted with therespective owners and the legal con-servationstructure is unique to each parcel.

Under the terms and conditions of a conser-vation easement, a management plan is createdindicating proper and improper uses for threemain distinct zones:

• Conservation Zones. - Areas of high envi-ronmental value such as wetlands, beaches, orarroyos. Land use and development in this areais highly restricted.

• Buffer Zones. - Areas bordering Conser-vation Zones and have intermediate environ-mental value. Land use and development is per-mitted according to the terms and conditions ofthe conservation agreement.

• Sustainable Use Zones. - Areas of inter-mediate to low environmental value or areasthat have been identified in the legal conserva-tion agreement for a specific use. Examples arethe urban center and aquaculture project sites.

Federal LandsFederal Lands are tracts of land held by theMexican Federal Government. The federal gov-ernment can make use of land by itself, in part-nership with a private company or by grantingconcessions. A large tract of federal land locatedon the northwest coast of the lagoon was theproposed site of ESSA’s crystallization ponds,the concentration ponds, and the saturated brineponds.

Project team strategy for federal lands in-cludes requesting a concession of the coastal Fed-

eral Zone (60 feet in from mean high tide) andgranting the rights of the concession to theVizcaíno Biosphere Reserve. If the Mexican gov-ernment denies the application and decides togrant mining concession, the Alliance will le-gally challenge this concession. Implementationfunds will be available to the project team forFederal Zone legal services, costs, challenges, andimplementation.

Laguna San Ignacio Conservation Trust FundsThe International Community Foundation ismanaging individual donor-advised funds foreach conservation easement. Funds are depos-ited into a donor-advised account on the daythe conservation easement is signed. Annualpayments are based on semi-annual monitor-ing reports from Pronatura, which ensure thatthe conditions of the easement are adhered to.Stewardship funds for this purpose are alsomanaged by ICF.

Stewardship FundThe Laguna San Ignacio Conservation Allianceagreements are the first legal land conservationstructures in Mexico with integrated steward-ship funds. The International Community Foun-dation manages a stewardship fund, which fi-nances: (1) a legal and ecological baseline study;(2) long-term monitoring activities regardingbaseline, land use issues, environmental condi-tions and limitations, and; (3) conservation ease-ment status and review. The monies generatedfrom each project site stewardship fund accountwill finance two site inspections per year, onereport per visit, and one annual report. Eachreport will analyze key baseline indicators in-cluding, legal, environmental, land use, and ease-ment status. All parties involved in the conser-vation easement negotiation will receive a copyof the reports.

Legal Defense FundThe Laguna San Ignacio Conservation Allianceis establishing the first legal conservation agree-ments in Mexico with integrated legal defensefund accounts. The International CommunityFoundation will manage these accounts withinthe Laguna San Ignacio Conservation Trust. Thefunds will be utilized exclusively to legally en-force and defend the terms and conditions of theconservation easements against all internal andexternal parties. Pronatura is granted full legalpower to enforce and defend the terms and con-ditions of the executed legal conservation struc-


tures under the terms and conditions of the con-servation easements. The legal defense fund ac-counts for three violations per year for five yearsand includes lawyer’s fees and expenses, andcourt costs.


Stakeholders

The conservation of the Laguna San IgnacioWetland Complex involves players at the com-munity, local, regional and international level.Conservation projects often require local, re-gional, national, and international collaborationin order to succeed. The incorporation of newstakeholders and their subsequent collaborationhelps keep conservation viable.

Community level stakeholders depend onhealthy marine and coastal ecosystems. Localstakeholders include local ejidos, ejido membersand fishers, fishing cooperatives, tourist outfit-ters and guides, and local businessmen. Accord-ingly, they play an important leadership role inlocal government’s inaction and lack of presencein the lagoon.

On the regional level, the Vizcaino Bio-sphere Reserve plays a prominent conservationrole. The reserve was approved by the govern-ment as a National Biosphere Reserve in 1988and was internationally recognized as a bio-sphere reserve under UNESCO’s Man and Bio-sphere Reserve Program in 1993. The nationaldecree legally established the reserve’s core andbuffer zones, along with regulations for the useof each of these zones. The reserve is an exampleof international cooperation enhancing naturalprotected area capacity and administrative op-erations. The reserve has also increased the in-

volvement of local people through a number ofconservation and sustainable development pro-grams with ejidos. These successes demonstratethe reserve’s leadership position and ability towork collaboratively with a wide variety ofstakeholders.

National and international organizations,such as Pronatura, WiLDCOAST, Natural Re-sources Defense Council and Global Green GrantFund, play an important role as conservationpromoters and intermediaries in the lagoon.


Laguna San Ignacio Conservation Alliance

Pronatura-Noroeste, WiLDCOAST, Interna-tional Community Foundation (ICF), the Natu-ral Resources Defense Council (NRDC), the La-guna Baja Asociacion Rural de Interes Colectivo(ARIC), and the Ejido Luis Echeverría Alvarezhave formed the Laguna San Ignacio Conserva-tion Alliance. The Alliance mission is to workwith community-based organizations and pri-vate landowners within the Laguna San IgnacioWetland Complex to protect one-million acresof pristine coastal ecosystems.

Pronatura is Mexico’s most established conser-vation organization and a pioneer in Mexicanprivate lands conservation. The organizationis currently working on a number of privatelands 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 inthe Tecate-Tijuana border region and estab-lished the 25,000-acre Lucenilla Peninsula Con-servation Reserve along the Sea of Cortez in thestate of Sinaloa. Staff includes:

• Juan Carlos Barrerra. Executive Director.Juan Carlos is one of the most experienced con-servation professionals in Mexico. Prior to man-aging Pronatura-Noroeste, he directed the Seaof Cortez Program for the World Wildlife Fund.He also managed the one-million acre Upper Seaof Cortez Biosphere Reserve.

• Miguel Angel Vargas Téllez. Land Con-servation Program Coordinator. Miguel’sachievements include the establishment of thebi-national conservation easement in Tecate,coastal easements in Bahia de Los Angeles, andthe Lucenilla Peninsula Conservation Trust inSinaloa, the largest coastal easement in the Mexi-can Pacific Coast. He holds a degree in marineresources administration from the Universityof Baja California.

• José María Beltrán Abaunza. Conserva-tion Information Center Coordinator. José hasbeen a Geographic information Systems con-sultant since 1995.

• Martín Gutiérrez Lacayo. Land Conser-vation Program Coordinator. He recently coor-

dinated the conservation of 350,000-acres ofrainforest habitat in southern Mexico in part-nership with The Nature Conservancy. Heworked for the Federal Environmental Protec-tion Office before joining Pronatura. He is co-author of the Environmental Law of Naucalpande Juárez County, and represents Pronatura atthe National Forestry Council. Martín holds anenvironmental law degree from the UniversidadIberoamericana.

• José Fernando Ochoa Pineda. Land Con-servation Program Legal Advisor. He holds alaw degree from the Universidad Intercontinen-tal and a graduate diploma in EnvironmentalLaw from the Universidad en Estudios dePosgrado en Derecho. He helped establishingthe bi-national conservation easement in Tecate,coastal easements in Bahia de Los Angeles, andthe Lucenilla Peninsula Conservation Trust.

Founded in 2000, WiLDCOAST is an interna-tional conservation team dedicated to protect-ing coastal communities, wildlands, and wild-life. Through community outreach, activismand media campaigns, WiLCOAST works toeliminate threats to ecosystems and to developreserves to permanently protect sensitive ar-eas. Since its inception, WiLDCOAST has suc-cessfully protected more than one million acresof coastal wildlands. Staff includes:

• Serge Dedina. Executive Director. Serge re-ceived the 2003 Environmentalist of the Year Award.Over the past ten years Serge helped developthe 500,000-acre Loreto Bay National Park andthe 24,000-acre Isla Espíritu Santo Refuge. Heinitiated the campaign to stop the MitsubishiCorporation from building a salt project in La-guna San Ignacio. He founded The NatureConservancy’s Baja California and Sea of CortezProgram. The author of Saving the Gray Whale,he received his Ph.D. in Geography from theUniversity of Texas at Austin.

• Saúl Alarcón Farfán. Wildlands Conser-vation Program Manager. A native of MexicoSaúl received his M.S. in Natural Resource Man-agement and Geographic Information Systemsfrom the University of Michigan and has worked


on natural resource issues for the U.S. and Mexi-can government on both sides of the border. Be-fore working with WiLDCOAST, Saúl workedwith Jones & Stokes in San Diego as a biologicalconsultant.

• Fay Crevoshay. Communications Direc-tor. Fay is a former National Public Radio andEl Financiero reporter. She is considered to beMexico’s top environmental communicationsprofessional. She arranged recent coverage bythe San Diego Union-Tribune, Associated Press,USA Today and Christian Science Monitor of theconservation easement deal with Ejido LuisEcheverría. She holds a M.A. in Political Sciencefrom the University of Toronto. Fay is a nativeof 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 theAmericas and Asia. With over 70% of ICF’s re-cent grantmaking benefiting charitable causesalong the Baja California peninsula, ICF is com-mitted to assisting U.S. donors with charitablegiving needs from Tijuana to Los Cabos. ICFestablished and manages the Laguna SanIgnacio Conservation Trust. ICF was a princi-pal partner in the protection of Isla EspírituSanto in the Sea of Cortez, a 3.1 million dollarconservation agreement that permanently pro-tected a Mexican national protected area in2003. The foundation is also a principal part-ner in the Bahia de Los Angeles ConservationAlliance and has funded and helped structureprivate-land conservation reserves withPronatura on the U.S.-Mexican border. Staffincludes:• Richard Kiy. President and CEO. Prior to join-ing ICF, Kiy served as Senior Vice President forBusiness Development at PriceSmart, Inc. Be-fore joining PriceSmart, Richard served as Prin-cipal Deputy Asistant Secretary for Environ-mental Health and Safety at the U.S. Depart-ment of Energy. A graduate of Stanford Uni-versity and Harvard University's John F.Kennedy School of Government, Kiy is also theco-author of the book Environmental managementalon North America's borders.• Anne Mcenany. Sustainable Communities Di-rector. Prior to working with ICF, Anne wasthe Director of Development and Program Mar-keting at the Trust for Public Land. She hasworked at The Nature Conservancy and Con-servation International in addition to numer-

The Natural Resources Defense Council (NRDC)is a national, non-profit organization of scien-tists, lawyers and environmental specialistsdedicated to protecting public health and theenvironment. NRDC was instrumental in de-fending pristine gray whale habitat during thefive-year global campaign to stop the MitsubishiIndustrial Salt Project in Laguna San Ignacio.NRDC continues to support conservation andsustainable development projects in the com-munities surrounding Laguna San Ignacio.NRDC has led the effort to block the U.S. Navy’sglobal deployment of a new high intensity sub-marine detection system Low Frequency ActiveSonar that has devastating impacts on marinemammals. Staff includes:

• Joel Reynolds. Marine Mammal Protectionand Southern California Ecosystem projects Di-rector and Urban Program co-director. As headof NRDC’s Coastal Ecosystem and Marine Mam-mal Protection projects, he has spearheadedNRDC’s efforts to obtain or preserve legal pro-tection for wildlife and its habitat in Californiaand Baja California, including the Pacific graywhale and the coastal California gnatcatcher.He co-directed NRDC’s successful five-year cam-paign against Mitsubishi Corporation’s plan toindustrialize the World Heritage Site at LagunaSan Ignacio.

• S. Jacob Scherr. Internation Program Di-rector and BioGems Initiative Coordinator. A

senior attorney in NRDC's Washington D.C. of-fice, Jacob was a leader with Joel Reynolds inthe successful campaign to stop the construc-tion of a massive saltworks project at LagunaSan Ignacio. During the course of his career atNRDC since the mid-1970s, Jacob has workedon a broad range of international environmen-tal issues around the world. He has a particularinterest in strengthening the capacity of com-munities in Latin America to protect the natu-ral ecosystems upon which they depend.


The Laguna Baja Asociación Rural de InterésColectivo (ARIC) is a coalition of nine small-scaleecotourism enterprises operating in Laguna SanIgnacio. Fishermen by trade, ARIC membershold exclusive government-issued permits towork as whale-watching guides. The ARIC’slivelihood depends on healthy lagoon ecosys-tems and therefore it is actively involved in con-servation and management efforts. The ARIC hasbeen an active partner in structuring the EjidoLuis Echeverría conservation easement and isconsidered to be Mexico’s leading locally basedecotourism organization. Staff includes:

• Raúl López Góngora. Raúl has worked asa fisherman and whale-watching guide in La-guna San Ignacio since 1981 and is a member ofthe Ejido Luis Echevería. The company he co-founded, Ecoturismo Kuyima, is one of Mexico’smost distinguished ecotourism andwhalewatching outfitters. Raúl coordinated themicro-credit program supported by Eco-LogicEnterprise Venture Fund for Laguna San Ignacio.Raúl works with Pronatura and WiLDCOASTas the lead outreach coordinator with ejidossurrounding the lagoon.

ous consultin assignments for non-profits andbusinesses. Anne has a M.S. from Tulane Uni-versity in Applied International Developmentwith a concentration in environmental plan-ning.

The Ejido Luis Echeverría (ELA) is a conserva-tion leader in Baja California. The forty-threemember 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 ledthe effort to organize the lagoon’s whale watch-ing guides and outfitters under the organiza-tion Laguna Baja ARIC. The ejido has activelyparticipated in structuring ejido-wide conser-vation easements. Every member of the ejidosigned the ELA conservation easement.


Independent Legal ReviewPronatura conservation easements structuresmeet the highest standards of legal scrutiny.Mexican laws and legislative processes concern-ing real property rights are derived from theCivil Code. Private lands protection primarilytakes place at the state level where conserva-tion organizations such as Pronatura use civillegislation to establish contractual civil law landrights that are durable and effective againstthird parties. Legal conservation structures inMexico are analyzed by a combination of in-house legal advisors. Pronatura attorneys thor-oughly review legal agreements to ensure theymeet present and future conservation goals.First, attorneys structuring the legal agreementsare required to thoroughly review the docu-ments. Second, the documents are referred toPronatura’s national headquarters for a reviewby senior attorneys. Additionally, Pronatura’sconservation agreements are reviewed by in-dependent legal consultants. For example, TheCentro Mexicano de Derecho Ambiental(CEMDA) reviewed and approved Pronatura’sconservation easements established in the Ba-hia de Los Angeles Coastal Corridor. Baker &McKenzie also reviewed the Ejido LuisEcheverría conservation easement. The outcomeof this rigorous review is long-lasting, solid le-gal agreements.

Risk Assessment• Federal, State, and Local Government. TheMexican Constitution and civil codes give thegovernment regulatory powers over private andpublic lands. These regulatory powers havebeen exercised in a both positive and negativemanner in regards to conservation.

Government’s negative exercise of regula-tory powers has severely impacted and threat-ened conservation in Baja California. The Fed-eral and State Governments have promotedlarge-scale development projects that favor eco-nomic development agencies in direct conflictwith natural protected area regulations andnational conservation goals. Current threatsinclude the Mitsubishi/Exportadora de Sal in-dustrial salt project and the Nautical Stairwaymega-tourism development project.

Immediate conservation efforts are requiredto address the high probability of negative gov-ernment action in the Laguna San Ignacio Wet-

land Complex. Legal conservation structuresthat permanently protect private property andstrengthen existing conservation schemes suchas national protected areas must be established.Legal conservation structures such as conser-vation easements must be established in part-nership with local, regional, and national stake-holders in order to foster multi-level conserva-tion participation. Government agencies mustbe incorporated into the Laguna San IgnacioAlliance (LSICA) and conservation structures.The National Forestry Commission has pledgedsupport to the LSICA efforts and has committedto providing technical assistance as well as fi-nancial incentives in the form of payment forenvironmental services provided by LSICA con-servation easements. The Vizcaíno BiosphereReserve administration has also pledged sup-port to LSICA efforts and will be expanding re-serve conservation programs in the newly cre-ated ejido reserves. The National Agrarian Reg-istry (NAR) and its administrative agency theProcuraduria Agraria recognized the Ejido LuisEcheverría's request to empower its represen-tative to execute an ejido-wide conservationeasement. The National Agrarian Registry for-mally recorded the conservation easements.These government actors, in partnership withthe LSICA, represent an important base fromwhich to build a public/private constituencycapable of countering threats to LSICA goals.

Government's positive exercise of regula-tory powers has promoted conservation. Na-tionally, Mexico has established 138 natural pro-tected areas covering 12.4 million-acres. Sev-enty-percent of the total number of protectedacres are privately owned, subject to regulationslimiting certain development rights. The Mexi-can federal government’s general policies pro-tect important biodiversity areas while recog-nizing private property rights. The NaturalProtected Areas National Commission(CONANP) and the Vizcaíno Biosphere Reserveboth favor a model of public and private areassubject to land use restrictions according to con-servation goals. The two agencies are activelypromoting the establishment of the proposedconservation easements in the Laguna SanIgnacio Wetland Complex.

• Private Industry and Land Speculation.Immediate efforts are required to address thenegative impacts caused by industrialization

Appendices


and land speculation within the Laguna SanIgnacio Wetland Complex. The Mitsubishi/ESSAindustrial salt project continues to pose the mostserious threat to the region. ESSA representa-tives approached the Ejido San Ignacio in orderto discuss the possible purchase of 21,000-acresalong Laguna San Ignacio coastline. The ESSAproject would annihilate 116-square miles of in-tertidal, mud, and salt flats. Some documentsindicate that the federal government is consid-ering divesting itself of the industrial saltproject, and a private Mexican corporation pur-chasing the project rights would not be subjectPresident Ernesto Zedillo’s cancellation of theproject.

The National Tourism Fund and the BajaCalifornia Secretary of Tourism continue to pro-mote the Nautical Stairway. This project wouldproduce devastating primary and secondaryimpacts on the wetland complex. First, mega-resort and marina projects would destroy pris-tine coastal ecosystems. Second, increased eco-nomic activity combined with improved trans-portation corridors would ignite widespreadland speculation and a large inflow of economicimmigrants from other regions of Mexico.

The high probability of negative environ-mental impacts due to industrialization andland speculation can be restricted via legal con-servation structures. For example, ejido-widelegal conservation structures directly addressindustrialization and land speculation: large-scale industrialization is prohibited by the termsand conditions of conservation easements.Ejido-wide conservation easements are solid le-gal structures that reduce the risks that devel-opment projects pose to the rights, use, enjoy-ment, and benefits derived from the easement.In exchange of executing the conservation agree-ments, LSICA establishes Ejido Annuity Ac-counts. Through the establishment of LSICAconservation structures, local ejidos leverage thebiodiversity and conservation potential of theirlands and at the same time they secure the eco-nomic sustainability of their communities.

• Mexican Law. It is very unlikely that theMexican government would repeal or enact leg-islation seriously abridging basic contractualor property rights. Mexico is a civil law societyand therefore legislation may not adversely af-fect rights retroactively. Conservation ease-ments are based on contract law and are grantedfull faith and credit by Mexican courts. Addi-tionally, legal conservation structures are au-thorized by the Procuraduria Agraria and re-

corded in the Registro Agrario Nacional.National legislation recognizes conserva-

tion easements and the Registro AgrarioNacional and the Procuraduria Agraria recog-nize and codify conservation easements in thenational federal registry, thus it is unlikely thatcourt challenges to conservation easements andmanagement plans would overturn voluntarycontractual agreements.

The Mexican government could revise andweaken environmental laws. For example, theenvironmental agency SEMARNAT recentlyundermined a law that gives protected statusto wetlands and mangroves. Nevertheless, con-servation easement management plans are notaffected by changes to Mexican environmentallaws. The regulations embodied in managementplans, based on contract law, would remain infull force and effect. The LSICA easements cur-rently establish a higher protection regime thanthe embodied in environmental laws protect-ing wetlands and mangroves.

Strategies that would increase the chancesof conservation easement success include: (1) theestablishment of a political conservation con-stituency capable of enacting, enforcing, anddefending federal and state conservation legis-lation; (2) the enactment of a federal law thatestablishes a national legal standard for the cre-ation of appurtenant and in gross conservationeasements; and (3) the enactment of legislationimproving state and federal incentives to pro-mote private land conservation.

• Ejidos and Ejidatarios. It is very unlikelythat current ejido members will fail to meet theresponsibilities and obligations embodied inconservation easements. Ejido members havebeen instrumental in the decision making pro-cess that created the legal conservation struc-tures. The LSICA has carefully described postagreement contingencies such as interpretation,implementation, transition period, and conflictresolution. The LSICA will continue to main-tain participatory discussions and technicalassistance to ejidos and ejido members. Postagreement involvement, assistance, and localcapacity building by the LSICA in ejido reservesare critical to avoid conflicts in the long term.

• Alliance member. It is improbable thatany of the main Alliance members will cease toexist in the short term. However, in the case of aparty withdrawal, the selection of successorsand roles shall be made by the party one-levelup on the chain of command. The authorizedparty shall make decisions according to its own


internal by-laws and decision-making pro-cesses. The chain of command is as follows: (1)principal foundations and funders; (2) the In-ternational Community Foundation; (3)Pronatura; (4) the LSICA Advisory Committee;and (5) ejidos.

ValuationPronatura and WiLDCOAST conducted a cen-tral Baja California peninsula land valuationanalysis in order to determine appropriate fi-nancial conservation easement costs in the La-guna San Ignacio Wetland Complex. The analy-sis included: (1) a market value survey; (2) envi-ronmental services payments; and (3) negotia-tion guidelines. The analysis resulted in a acreeasement cost ranging from $8 to $100.

The principal factors determining the landmarket value were land speculation, coastal lo-cation, economic and development potential,public services, size, and access. The high-endmarket value range was primarily driven bycommercial real estate and industrial landspeculation. The highest market value, $8,100per acre was found at La Unica in Bahia de LosAngeles. La Unica is a property located in thecoast with a beautiful scenic view that has atremendous economic potential. Some smallparcels also showed a very high market value,but these lands were extremely rare and notrepresentative of the market value. The low-end of the market value range was character-ized predominantly by land transactions in-volving land speculators and local communitymembers. Land speculators paid as low as $8per acre to local property owners.

Even though an overwhelming majority ofthe ejido members in the region are not inter-ested in selling their parcels, ejidatarios in theEjido San Ignacio and Ejido Emiliano Zapatahave received offers from Mitsubishi/ESSA andESSA representatives met with the Ejido SanIgnacio to discuss the possibility of buying 21,000coastal acres. Because of this offer, the LSICAproposal also considers the option of purchas-ing land as an alternative for conservation in

the Laguna San Ignacio Wetland Complex.The National Forestry Commission has es-

tablished price points for environmental servicepayments ranging from $8 - $20 per acre. Fiveannual payments, totaling $100 – $250, are madeto qualified property owners participating inthe Environmental Service program. A piece ofproperty must meet strict guidelines in order toqualify for the program. Property owners arepaid for proper management and conservationof important ecosystems and biodiversity. TheLSICA, utilizing CONAFOR criteria, establishedconservation easement costs ranging from $8to $100 per acre.

Long-term local stakeholder buy-in is anessential element in conservation easement suc-cess. The LSICA and the Ejido Luis Echeverríastructured a funding scheme that addresses fi-nancial supra and socio-political consider-ations. An annuity payment of at least $25,000is conditioned on the ejido's fulfillment of theterms and conditions of the conservation ease-ment. The conditional nature of the annuitypayments fosters long-term compliance. Addi-tionally, the LSICA will provide additional in-centives including legal and technical assistance,the introduction of government conservationprograms, and local institutional capacitybuilding.Accounting for Inflation Over TimeThe LSICA is establishing long-term strategiesto account for the impact of inflation over time.For example, the LSICA determined that a$675,000 account will meet the proposed annu-ity targets (approximately 4.2% return) andcosts.

The International Community Foundationand WiLDCOAST prepared with Merrill-Lynch(ML) financial advisors Trust Account manage-ment options. The management options includestrategies designed to promote long-term TrustAccount growth and protection against leanyears. Finally, the ejido’s participation in thedecision making process reinforced LSICA part-nerships.

Documents

LAGUNA SAN IGNACIO CONSERVATION ALLIANCE Conservation_planWildCoast.pdf2 Laguna San Ignacio Conservation Alliance Conservation Plan 2006 lands in the six individual ejidos and the