It has been assumed that strategies for estuarine and marine conservation must be substantially different than those for terrestrial conservation because the seas are all publicly owned. This is an unfortunate misconception. We explored the leasing and ownership of submerged lands as tools for marine conservation and provide examples of the implementation of these tools from The Nature Conservancy's work in Texas, Washington, and New York (U.S.A.). We found that the leasing and ownership of submerged lands are viable new tools for marine conservation. There is a significant amount of submerged land available for lease and ownership in the United States and other countries that includes a diverse array of ecosystems (e.g., kelp forests, marshes, seagrass meadows, oyster reefs, tidal flats, clam beds, scallop beds, sponge, and coral reefs). From our review of policy and experience in practice, we have identified some key benefits and considerations for the use of these tools. Conservation benefits for the leasing and ownership of submerged lands include opportunities to restore ecologically and economically important species, protect diversity in sanctuaries, draw on substantial terrestrial experience in leasing and ownership, buy land cheaply, develop ecologically sustainable harvest practices, partner with fishers and local communities to improve water quality, create control areas for research, and partake in local management forums as a direct stakeholder. Bivalve shellfish are particularly amenable to conservation with these tools because existing policy is well established for leasing and ownership rights to sessile animals that exist on the sea floor. Conservation buyers need to consider that community sentiment does not always favor private rights to submerged lands, conservation interest in submerged lands could affect prices, association with incompatible aquaculture practices will be detrimental, enforcement of restrictions can be difficult, and there may be concerns about setting the precedent of paying for conservation of submerged lands. Policy makers should be encouraged to include more opportunities for conservation and not just exploitation of natural resources on submerged land leases. Nuevas Herramientas para la Conservación Marina: El Arrendamiento y Propiedad de Tierras Sumergidas Resumen: Se ha asumido que las estrategias para la conservación estuarina y marina deben ser sustancialmente diferentes de las de conservación terrestre porque los océanos son propiedad pública. Está es una imprecisión desafortunada. Exploramos el arrendamiento y propiedad de tierras sumergidas como herramientas para la conservación marina y proporcionamos ejemplos de la aplicación de estas herramientas a partir del trabajo de The Nature Conservancy en Texas, Washington y New Cork (E. U. A.). Encontramos que el arrendamiento y la propiedad son nuevas herramientas viables para la conservación marina. En Estados Unidos y otros países hay una cantidad significativa de tierras sumergidas disponibles para el arrendamient...

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As climate change accelerates the frequency and intensity of natural disasters, damage to public and private property is also increasing, putting exorbitant strain on governments and communities. Societies across the world are working to adapt to climate change, but climate adaptation is currently inadequate to meet the needs of the people left increasingly vulnerable and the places that risk being irreversibly changed or destroyed. One tactic of climate adaptation is strategic retreat, sometimes referred to as managed retreat. Strategic retreat is the process by which the government or another entity purchases (buys out) developed properties that are at risk of destruction or have been destroyed by natural disasters. The structure is most often demolished, and the land is placed under a permanent easement to prevent future development. What happens next is dependent on the entities involved in the buyouts, and can range from derelict, vacant lots to full restoration of ecosystems and their abilities to mitigate flood damage. Sometimes recreational amenities, such as trails or park infrastructure, are prioritized and funded as well. Conservation organizations can leverage their expertise in conservation planning, land acquisition and restoration, policy advocacy, and partnership development to improve the implementation of strategic retreat so that nature and people can thrive in the long term. In this policy paper, we review ways that conservation organizations have and can continue to engage in buyout processes to ensure positive outcomes for communities and nature. Conservation organizations must also evolve their approaches to climate adaptation to integrate equity and redress historical injustices in land use, and contribute towards improving strategic retreat for a more just and resilient future across disaster-prone communities. This work focuses on the context of disasters and climate adaptation in the USA, though many of the principles presented are applicable around the world.

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Traditional flood risk paradigms and associated strategies are no longer sufficient to address global flood adaptation challenges due to climate change and continued development in floodplains. The current flood adaptation approach is failing to take advantage of the benefits provided by intact ecosystems and perpetuates social and economic inequities, leaving those who are most vulnerable at highest risk. Rooted in the experiences of the United States, we propose a new framework, the Flood Adaptation Hierarchy, which prioritizes outcomes into six tiers. Overall, the tiers distinguish between nature and nature-based solutions, with preference given to natural ecosystems. The most important outcome in our hierarchy is to avoid risk by protecting and restoring natural floodplains; next, eliminate risk by moving communities away from danger; and then to accommodate water with passive measures and active risk reduction measures. We include, but deprioritize, a defense of community assets using nature-based engineering and hardened engineering. Throughout the hierarchy, we provide guidance on the equity considerations of flood adaptation decision making and highlight "impacts," "resources," and "voices" as important equity dimensions. Implementing the framework through an iterative process, using justification criteria to manage movement among tiers, alongside equity considerations, will support adaptation to changing environmental and social conditions and contribute to risk reduction at scale. Though this approach is focused on U.S. flood management and adaptation, prioritizing risk reduction, elimination of risk, and accommodation of hazards over the defense against threats not only has global applicability to flood adaptation, but should also be evaluated for applicability to other climate-driven challenges.