Optimizing enforcement and compliance in offshore
marine protected areas: a case study from
Cocos Island, Costa Rica
A DRIAN A RIAS ,R OBERT L. P RESSEY ,R HONDDA E. J ONES
J ORGE G. Á LVAREZ -R OMERO and J OSHUA E. C INNER
Abstract Illegal exploitation of resources is a cause of
environmental degradation worldwide. The effectiveness
of conservation initiatives such as marine protected areas
relies on users’ compliance with regulations. Although com-
pliance can be motivated by social norms (e.g. peer pressure
and legitimacy), some enforcement is commonly necessary.
Enforcement is expensive, particularly in areas far from
land, but costs can be reduced by optimizing enforcement.
We present a case study of how enforcement could be
optimized at Cocos Island National Park, Costa Rica, an
offshore protected area and World Heritage Site. By
analysing patrol records we determined the spatial and
temporal distribution of illegal fishing and its relationship
to patrol effort. Illegal fishing was concentrated on a
seamount within the Park and peaked during the third
year-quarter, probably as a result of oceanographic con-
ditions. The lunar cycle in conjunction with the time of
year significantly influenced the occurrence of incursions.
The predictability of illegal fishing in space and time
facilitates the optimization of patrol effort. Repeat offenders
are common in the Park and we suggest that unenforced
regulations and weak governance are partly to blame. We
provide recommendations for efficient distribution of patrol
effort in space and time, establishing adequate governance
and policy, and designing marine protected areas to
improve compliance. Our methods and recommendations
are applicable to other protected areas and managed natural
resources.
Keywords Cocos Island, Costa Rica, illegal fishing, long-
lining, lunar phase, marine reserve, patrol, poaching
Introduction
O
ffshore marine protected areas are an emerging ap-
proach to marine conservation and fisheries
management (Game et al., 2009; Graham & McClanahan,
2013). Their effectiveness, as for near-shore protected areas,
relies heavily on compliance by fishermen (Campbell et al.,
2012; Edgar et al., 2014). Even remote locations are not
safeguarded from illegal fishing because fishermen
will travel long distances to target commercially valuable
species (Berkes et al., 2006); for example, in the Chagos
Archipelago, a remote area in the Indian Ocean with few
inhabitants, illegal fishing has resulted in a significant
decline in sharks (Graham et al., 2010).
Ensuring compliance offshore is challenging. Patrolling
large and distant tracts of ocean is logistically difficult
and financially expensive, and therefore detection rates for
illegal activity are low. Additionally, important factors for
compliance, such as social norms (e.g. peer pressure and
legitimacy) and legislation, may be absent or lack sup-
port offshore. Although voluntary compliance is desirable
(Ostrom, 1990; Hønneland, 2000; Arias & Sutton, 2013), not
all people comply voluntarily; typically some degree of
enforcement is necessary (Tyler, 1990; Hønneland, 2000).
However, enforcement is perhaps the most expensive man-
agement activity in both terrestrial and marine protected
areas (Robinson et al., 2010; Ban et al., 2011). With limited
funds for conservation, optimizing enforcement can make
management more cost-effective.
There is a common misconception that enforcement
involves only patrolling but it actually encompasses detec-
tion, arrest/citation, prosecution and conviction (Sutinen,
1987; Akella & Cannon, 2004); it can be described heuris-
tically as a four-link chain. The first link, probability of
detection, is mainly technical and field-based, relying
on factors such as equipment, and number and skills
of wardens. The remaining links (probabilities of arrest/
citation, prosecution and conviction) tend to rely progress-
ively more on legal and political constructs. The probability
of arrest depends partly on field equipment (e.g. a boat’s
capacity to pursue) but also on what legally constitutes non-
compliance and evidence. The probability of prosecution
involves the capacity of the legal and institutional system
to undertake proceedings against non-compliance, under-
lining the importance of strong institutions and coord-
ination between them. Conviction, and its associated
penalties, rests on the judiciary and its probability depends
on the quality of evidence and the overall capacity of the
enforcement system (Akella & Cannon, 2004). Ultimately
ADRIAN ARIAS (Corresponding author), ROBERT L. PRESSEY,JORGE G. ÁLVAREZ-
ROMERO and JOSHUA E. CINNER Australian Research Council Centre of
Excellence for Coral Reef Studies, James Cook University, Townsville, QLD
4811, Australia. E-mail adrian.arias@my.jcu.edu.au
RHONDDA E. JONES School of Marine and Tropical Biology, James Cook
University, Townsville, Australia
Received 25 October 2013. Revision requested 27 January 2014.
Accepted 29 April 2014. First published online 4 August 2014.
Oryx, 2016, 50(1), 18–26 © 2014 Fauna & Flora International doi:10.1017/S0030605314000337
https://doi.org/10.1017/S0030605314000337 Published online by Cambridge University Press