From email communication April 21, 2004, from the Peruvian Society of Environmental Rights
In a great initiative, the National Institute of Natural Resources approved Executive Resolution 059-2004-INRENA on April 6, 2004; a norm which allows for the recognition of Private Conservation Areas. With this new mechanism, private owners can directly contribute to our country’s biodiversity conservation effort.
Normally we thought that site conservation was the direct responsibility of the State and it is done exclusively in natural protected areas. Although great areas such as Manu, Huascaran, or Machu Picchu are public areas under the direct management of the State, it has long been demonstrated that the administration, along with private efforts, are fundamental to the conservation efforts on which Peru relies.
Within that perspective, our nation now relies on a new legal figure, denominated “Private Conservation Areas” and that is destined to permit private proprietors to rely on legal support for conservation of nature on their lands.
Unlike the Parks and Sanctuaries, which are public areas, the private conservation areas, as the name indicates, are private property that aid in the conservation of biological diversity, offer environmental services, or are located in areas that contain environmental characteristics, landscapes, or biology that complement the public National Natural Protected Areas System.
How can this recognition be obtained?
The proprietors that wish to have their estates declared private conservation areas can voluntarily solicit the National Institute of Natural Resources – INRENA. These proprietors can be businessmen, indigenous or campesino communities, private institutes or organizations, in general anyone owning an estate with conservation value.
In the private conservation areas, the proprietors can engage in any activity that is compatible with the conservation of the site, such as research, environmental education, ecotourism, non-timber forest products, fauna management, among others.
In order to have their estates declared a private conservation area, the proprietors must submit a request to INRENA explaining the natural value of their estates and what element is being conserved (the ecosystem as a whole, some forest or fauna resource, or landscape value, among others).
Freedom to choose
Conforming to INRENA\’s protocol, a Ministerial Resolution is sent asking the proprietor to present a Master Plan, where the proprietor must establish the uses of the estate.
This implies some restriction of use, for example, no building or modification of the landscape is allowed in certain areas of the property. These internal property regulations are recorded in the area\’s Resolution and sent to the Property Registry, so that in case there is a change of owner, the conditions of use will remain the same for the private conservation area and the conservation objectives are guaranteed.
The proprietors can solicit recognition of their estates as private conservation areas temporarily (for a minimum of 10 years) or in perpetuity, and may also seek recognition on all or only part of their property.
Two or more neighboring properties are also allowed to obtain joint declaration.
Benefits for the property owners
The proprietors’ estates under this mechanism will appear in documents released by the State as private conservation areas. This way, the property rights are consolidated on the land, offering the proprietor better defense against threats on his property.
Additionally, the proprietors may solicit technical and financial support to third party organizations (NGOs, institutions dedicated to conservation, etc.), and obtain technical assistance from INRENA for the conservation work they carry out. This assistance will help them develop profitable alternatives to direct forest use.
In cases where the proprietor has plans for ecotourism, the sale of forest products, or any other bio-business, the private conservation area offers them one more image or mark to identify their product, as one that respects and protects nature.
A tool to begin using
Currently, a private conservation area already exists in Peru, located between Lambayeque and Cajamarca departments, belonging to the Santa Catalina de Chongoyape campesino community, which decided to protect part of their 34,000 ha. property. They mainly engage in ecotourism and fauna management.
ParksWatch-Peru, April 2004