Cross-Border, Nature Based Market Solutions to Protect Blue Carbon Coastal Ecosystems in the Californias

March 2022

(Costa Salvaje, Niparaja, Pronatura Noroeste, and Terra Peninsular), with an average duration of 99 years. This accounts for 96.8% of all ADVCs along the Baja California peninsula, with only two lands in private hands (and one of the latter now in the process of being gifted to a Mexican conservation organization for long-term stewardship)." See Table 6 in the Appendix for details.

OTHER COASTAL LANDSCAPES

Beyond the immediate coastal zone and marine areas under Federal jurisdiction where mangroves and sea grass beds are predominately located, opportunities do exist for cross-border conservation of priority coastal habitats of importance to migratory birds and other species when such lands can be protected with a legally enforceable conservation mechanism. Under Mexican law, a legal mechanism exists known as Áreas Destinadas Voluntariarmente a las Conservación (ADVC), whereby a landowner voluntarily designates its lands for conservation and vests to such lands the same status as a Natural Protected Area. The ADVC certification status in question is registered with CONANP and binds the land owner to the conservation management program and uses restrictions set forth in the ADVC certification status application by both the landowner and CONANP. Furthermore, it creates an additional layer of protection against third parties that may present a threat to the lands—such as the case of mining claims. As ADVCSs are voluntary, the duration of the protection can vary, with some limited to 15 years. The term is agreed upon by the landowner and CONANP when setting up the ADVC certification status. If not revoked by the landowner, upon the sale of a property, the ADVC status is maintained until a subsequent buyer revokes it. Unfortunately, the Law does not contemplate the irrevocability of such certification status. That said, ADVCs have proven to be a highly effective conservation tool for priority coastal habitats acquired by established Mexican environmental NGOs and landowners with a long-term commitment to conservation, with certifications being extended up to 99 years and some even in perpetuity. To date, there are a total of 31,172 ha of priority coastal habitats under ADVC protection by four leading Mexican conservation organizations

CONCLUSIONS REGARDING MEXICAN LEGAL CONSIDERATIONS

Mexican Federal legislation provides sufficient laws, regulations and standard norms to not only provide strong, permanent and enforceable protection to coastal and marine ecosystems where blue carbon is produced, and to the vegetation and organisms that produce it such as mangrove, kelp and seagrass, but also provides for a strong and efficient administrative infrastructure to regulate blue carbon credits. Mexico’s participation in international treaties and conventions to fight climate change, and a pilot Emissions Trading System (ETS) that started in 2020 with technical assistance from California’s CARB, is a clear indication that it is following the path of other leading Nations towards creating a regulated carbon market. Internally, Mexican experts in various federal government agencies such as SEMARNAT and CONANP are working to understand this complex and sometimes ethereal topic and are learning from the progress that other countries have made. Mexican federal legislation provides a clear indication that all coastal and marine areas and ecosystems where blue carbon is produced are within the national territory, belong to the Nation and are within federal protection and jurisdiction and that by no means private individuals or enterprises may become owners of such areas.

Baja California and Baja California Sur laws and regulations, both very similar to each other,

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