New Zealand's indigenous people and their claims to fisheries resources

New Zealand's fisheries are perhaps best known for the individual transferable quota (ITQ) system brought about by the Fisheries Amendment Act 1986. The 1986 Act allocated quota to fishing firms and individuals that met the allocation criteria. Part-time fishers, many of whom were Maori, New Zealand's indigenous people, were excluded from the initial allocation. The 1986 Act did not address claims by Maori of having indigenous rights guaranteed by the Treaty of Waitangi 1840. Since the Treaty, Maori have protested against government actions and legislation that have eroded their rights guaranteed by the Treaty. The implementation of the 1986 Act prompted further Treaty-based claims to large areas of fisheries, and the ITQ system was used to settle several claims. This paper explores Maori views on resource use and claims to fisheries resources, legislative changes enacted to settle Maori fisheries claims, and claims that remain outstanding. The insights of this paper have relevance to the broader discussion on the position of indigenous peoples throughout the world.     

Indigenous participation in coastal management in the Northern Territory, Australia: issues and options

The issue of Aboriginal participation in coastal management is pressing in the Northern Territory of Australia, given the current extent of Aboriginal land ownership and the potential for the proliferation of native title claims over the sea. This paper discusses Aboriginal involvement in coastal activities in the Northern Territory and identifies the extent to which coastal areas are owned by Aboriginal communities. Northern Territory law provides for sea closures adjacent to Aboriginal-owned land which restrict access to and use of such areas. Problems and opportunities associated with sea closures are examined. Two other Acts, relating to Sacred Sites and Native Title, are also important in determining indigenous rights over coastal and marine areas. Future possibilities for a negotiated outcome on indigenous sea rights are put forward.     

Spatial conflicts in New Zealand fisheries: The rights of fishers and protection of the marine environment

New Zealand fisheries legislation provides commercial fishing rights to holders of individual transferable quota (ITQ). The settlement of fisheries claims against the Crown by Mäori, New Zealand's indigenous people, brought about the transfer of ITQ holdings to Mäori, and an obligation on the Crown to recognise and provide for indigenous (customary) fishing rights over fishing grounds and other areas that have been of special significance to Mäori. Some types of customary fishing areas exclude commercial fishing and could affect recreational fishing. Fisheries legislation requires that regulatory measures be put in place to avoid, remedy or mitigate the adverse effects of fishing. The Government also aims to protect marine biodiversity by having 10% of New Zealand waters in some form of protection by 2010. The legislative processes for protecting the marine environment and establishing customary fishing areas include assessment of effects on fishing rights. This paper explores the conflicts that arise from legislative obligations to uphold the rights of fishers, to sustain fishstocks and to protect the marine environment. The paper concludes that inconsistent legislative obligations and their disparate processes have led to spatial conflicts and a race for the allocation of space. Legislative obligations need to be integrated to maintain a balance between use of fisheries resources and protection of the marine environment.     

Reclaiming the ancestral waters of indigenous peoples in the Philippines: The Tagbanua experience with fishing rights and indigenous rights

This paper discusses the impact of local and national policies in the Philippines on the participation of indigenous peoples in relation to fisheries management. Specifically, this research focuses on the Tagbanua, an indigenous group in Coron Island, Palawan, on the western side of the Philippines. The struggle of the Tagbanua in reclaiming their ancestral title to the land and sea reflects broader moves toward self-determination, which is critical not only to their ancestral lands and waters, but also to their survival. Indigenous rights are essential in addressing social justice and in giving a greater voice that encourages indigenous peoples towards self-governing institutions and common management of resources. Significantly, the fundamental development of indigenous peoples lies in the recognition of their rights in their ancestral domain and the preservation of their culture, tradition, system, practices and their natural resources. This paper examines the Tagbanua experience, through a critical exploration of institutions and property rights, with attention to corresponding effects in reducing conflict with other stakeholders in the area, and in affecting the sustainability of fishery resources.     

Cross–strait interactions on the South China Sea issues: a need for CBMs

Recent developments in the South China Sea (SCS) and the actions expected to be taken by China and member states of ASEAN in accordance with the Declaration on the Conduct of Parties in the SCS have the potential to further marginalize Taiwan's role in any serious discussion on SCS issues and then deprive Taiwan of its legitimate rights and interest in the area. These developments will also force Taiwan to respond by taking more active actions for the sole purpose of safeguarding its sovereignty and maritime jurisdiction in the SCS. This article discusses a number of possible confidence-building measures that could be considered for adoption by China to help engage Taiwan in the regional security dialogue process and enable Taiwan to participate in the planned joint co-operative activities in the SCS. The co-operative actions taken in the SCS area could enhance mutual trust between the two sides of the Taiwan Strait.     

The EEC treaty and the merchant fleets of the member states

In this discussion of the EEC Treaty and the extent of its applicability to sea transport, the author analyzes the rules on competition, the provisions relating to the free movement of people and services within the Common Market, and the commercial policy of the European Community. He also considers the issue of support tariffs, and changes in the international scene, such as the development of the Comecon fleets and the problems posed by flags of convenience. He concludes by emphasizing the need for new legislation and the development of a comprehensive common policy for sea transport.     

Environmental protection and the freedom of the high seas: The Baltic Sea as a PSSA from a Swedish perspective

In 2005, the Baltic Sea, except for its Russian waters, was designated as a particularly sensitive sea area (PSSA) by the International Maritime Organization (IMO). The previous designation of the Western European waters as a PSSA—intensely debated within the IMO—had repercussions for this process. Reviewing the case exposes the conflict between the fundamental principles, territorial sovereignty, and freedom of the high seas that international law seeks to balance. Likewise, review indicates that the PSSA concept is under almost constant reconceptualization as it is put to test in practice.     

The effect of the dominant polychaete Scolelepis squamata on nematode colonisation in sandy beach sediments: An experimental approach

The effect of an abundant sandy beach polychaete, Scolelepis squamata, on the colonisation of defaunated sediments by marine nematodes indicates that sandy beach fauna can be partially controlled by biological interactions within and across size groups. Experimental cores, equipped with windows allowing infaunal colonisation, were filled with defaunated sandy beach sediment containing two different treatments with and without S. squamata. These cores were inserted into microcosms filled with sediment with indigenous meiofauna collected from the field. The treatments were incubated in the laboratory at ambient temperature and salinity for 2, 7, 14 and 21 days, in order to follow the colonisation process of the defaunated sediments by the indigenous nematode fauna over time. Nematodes initially colonised both treatments, with abundances of up to 10% of the densities in the control; after 2 weeks, nematode densities in the cores without S. squamata surpassed the control densities. Nematode assemblages in both treatments were not species rich, and also differed in composition from the natural assemblages. The most successful colonising species, Enoplolaimus litoralis, was rare in the surrounding sediment, suggesting that colonisation was determined by species-specific characteristics such as body size, motility and feeding strategy. Initially the presence of macrofauna did not affect the nematode community composition, but after 2 weeks of the experiment, the presence of the polychaete seemed to facilitate the earlier establishment of non-opportunistic species.     

Fishers’ opinions on marketization of property rights and the quota system in France

After many years of Common Fisheries Policies in the European Union, 88% of stocks are still being fished beyond their Maximum Sustainable Yield. While several Member States and the European Commission are moving toward Individual Transferable Quotas as a solution, France has declared its opposition to such marketization of fishing access rights and a national law has classified fisheries resources as a collective heritage. This paper discusses the evolution of the French system, principally its distribution of access rights by the Producer Organizations instead of the market. However, the Producer Organizations, which are more linked to the industrial fleet organizations, have not always modified their sharing formulae to include small-scale fisheries, resulting in a demand for more transparency and equity.     

Liberal Intergovernmentalism,Historical Institutionalism,and British and German perceptions of the EU's Common Fisheries Policy

The aim of this paper is to determine whether British and German sea fisheries policies have been shaped by domestic factors or by European Union (EU) institutions. To achieve this aim, British and German perceptions of the EU's Common Fisheries Policy (CFP) were compared using two alternative theories of EU integration: Moravscik's Liberal Intergovernmentalism and Pierson's Historical Institutionalism. The perceptions of three sets of respondents—fisheries scientists, fishers, and politicians—were investigated in each country to determine whether they saw the CFP as a means of attaining their own nation's domestic fisheries agenda (as Liberal Intergovernmentalism would argue), or as an institutional champion of European fisheries as a whole (as might be predicted by Historical Institutionalism). The article concludes that although there were elements of both theories evident in each country's perceptions, British perceptions were more strongly indicative of Historical Institutionalism than Liberal Intergovernmentalism, and German perceptions were more strongly indicative of Liberal Intergovernmentalism than Historical Institutionalism. This difference is exemplified in Britain's euroscepticism (which sees EU institutions as obstacles to British fisheries’ interests), and Germany's environmentalism (which sees EU institutions as synchronising with Germany's national priorities).     

Sovereign rights and responsibilities: Applying public trust principles to the management of EEZ space and resources

Since the United States proclaimed its 200 nautical mile Exclusive Economic Zone in 1983, US agencies have given little attention to the need to develop effective management principles and strategies for the resources of this vast ocean area. Instead, they have relied upon existing programs and authorities to oversee the development of ocean energy and fisheries. This approach has been criticized by marine policy analysts because it perpetuates the existing, fragmented single-sector ocean regime characterized by inconsistent policies and endemic use conflicts.This paper proposes the adoption of certain principles deriving from the common law public trust doctrine in the management of EEZ resources and space. Historically, the public trust doctrine protected the public's rights and interests in nearshore resources and uses (commerce, navigation, and fishing). These traditional public rights were held by the crown or the government in trust for the people and could not be readily destroyed even though shorelands and coastal waters subject to the public trust might be conveyed into private ownership. In modern times the doctrine has been expanded in the United States to protect public rights in other uses and activities (e.g. conservation, scenic and ecological values, and preservation of open space and habitat) and extended geographically to apply to inland rivers, streams, and lakes.The public trust doctrine already applies in many states to the space, resources, and uses of the territorial sea. Because of the overlap of EEZ and territorial sea resources and uses, this paper considers the advantages of applying public trust principles and concepts to managing the EEZ. These principles include the need to preserve trust lands, waters, and resources for public use and benefit. The doctrine also provides a basis for distinguishing between, and ranking, public uses of trust resources, and imposes both substantive and procedural standards against which the conduct of the govermental trustees of trust, resources may be measured.The authors contrast the public trust doctrine with the ‘public trust’ deriving from the property clause of the US Constitution, and conclude that the broad discretion afforded federal officals under the latter is inconsistent with effective environmental management. Finally, the authors recommend a set of ‘presumptions’ derived from public trust principles that federal courts might follow to resolve serious EEZ space and resource-use conflicts.     

南海海底地理实体命名数字化管理与服务

近年来,南海周边国家以海底地理实体命名为手段,宣誓岛礁主权,抢占海洋权益,为了维护国家主权和海洋权益,中国加大了海底地理实体命名的工作力度。以信息化管理思路为出发点,建设了南海海底地理实体命名数据库,在此基础上,开展了应用服务工作,开发南海海底地理实体查询与发布系统,讨论了该系统的结构和功能设计,能够满足用户的服务需求,提高海底地理实体命名的工作效率,为中国海底地理实体命名提案的研究提供技术支撑。     

Potential conflict in the South China sea and environs

There are many territorial disputes in Asia — both on continental Asia and in the surrounding seas. These disputes are often extensions of wider ethnic, historical and ideological rivalries. A relatively new development in disputes over island territories and EEZ boundaries is the economic dimension that has been added to old disputes and rivalries: the disputing nations, aware of the benefits that offshore oil and minerals, as well as fishing, can provide to their economies, have a clear financial incentive to pursue their claims as strongly as they dare. National pride and wider political and ideological conflicts with their rival claimants further reduce the prospects for compromise. Tensions are increased by the possibility that a military conflict in pursuit of a claim could lead to escalation, drawing the USA and the USSR into the dispute. This article outlines some of the major tension points in the area of the South China Sea.     

The tyranny of the past: why local histories matter in the South African fisheries

Co-management is widely advocated internationally as the solution to the purported failure of state management in the fisheries and has won adherents in South Africa. The theory, however, rests on a set of unexamined modernist assumptions, which raise serious doubts about its likely successful import to South Africa. These problems are demonstrated through a review of indigenous co-management in the South African inshore fisheries c.1905–1939. This suggests that co-management in South Africa was a historical compromise between a weak, pre-scientific state and the patrons of client fishing communities menaced by industrialisation whereby control was granted over marine resources within defined sea territories in exchange for governance at the coastal margins. The factors sustaining indigenous co-management have long since passed and the alignment of forces in the current conjuncture is hostile to its re-imposition from outside.     

Public management in New Zealand and its effect on institutional arrangements for managing fisheries

In the last few decades Western democracies, predominately those of British origin, have debated vigorously about how to improve public management performance. These debates have created an influx of new ideas and initiatives regarding the concept and practise of public management. New Zealand implemented public management reform further and faster than most other nations. At the same time, New Zealand implemented sweeping reforms to the management of fisheries, which led to the quota management system based on the allocation of individual transferable quota. This article briefly outlines the history of changes in New Zealand's public management system and the effect these changes have had on institutional arrangements for managing fisheries. Each institutional arrangement has been devised to accommodate the priorities and policies of the government of the day, spanning the Marine Department established in 1866 to recent structural changes made to the Ministry of Fisheries. The recent structural changes have placed greater emphasis on governance to improve performance, but have also led to substantial losses of in-house experience and institutional knowledge. This article contributes to the broader discussion about whether structural changes provide measureable benefits or the most cost effective way to deliver improvements in performance.     

A Bayesian model of factors influencing indigenous participation in the Torres Strait tropical rocklobster fishery

The tropical rocklobster fishery in the Torres Strait, based on the species Panulirus ornatus, is currently managed by input controls. The Australian Commonwealth government’s aim is to transition to a quota management system (QMS) for this fishery. The fishery is complex in terms of international boundaries, multiple jurisdictions and management objectives regulating a mix of commercial and traditional indigenous fishers and a commercial non-indigenous sector. One key objective is to promote indigenous fisher participation to meet their aspirations of achieving a greater control of the region’s fisheries resources. A Bayesian Network analysis has been applied that considers the variability in participation of indigenous fishers under key economic and socio-cultural drivers, such as the availability of a government employment program, lobster prices, social capital and capacity, and infrastructure availability. The model identifies three distinct indigenous fisher groups: full-time, active part-time, and casual lobster fishers. Scenario analyses suggest that changes in the government employment program will have a substantial impact on the relative proportion of fishers in these groups. Similarly, changes in the provision of logistics, infrastructure, and building social capital and capacity are expected to have a significant impact on the occurrence of full-time fishing. As the Commonwealth has an obligation under the Torres Strait Treaty to protect the traditional way of life and livelihood of Islanders as well as promoting employment opportunities for Traditional Inhabitants, it is important that management authorities consider both the effect of management changes for the fishery as a whole and for each indigenous fisher group separately.     

Third world states and fluid sovereignty: development options and the politics of sustainable ocean management

As land resources become exhausted or less valuable, Third World states are integrating coastal and marine regions into their development strategies. Given current industrial practice, increased development in these regions have negative environmental consequences, and there is increasing pressure to address these. Third World states’ management of their marine and coastal areas is shaped by factors such as fugitive resources, changing or indeterminate marine boundaries, economic vulnerability and evolving environmental regimes. These factors contribute to fluid sovereignty and affect states’ ability to exercise authority, autonomy and control. This paper uses the case of the Wider Caribbean Region to illustrate that the net result of fluid sovereignty is diminished ability to sustainably manage ocean and coastal resources.     

Maritime limits and boundaries

The Third United Nations Conference on the Law of the Sea is attempting to codify international law for the use of ocean space. While the process of negotiations continues and many political‐legal problems remain to be solved, certain issues appear to be at, or near, a stage of general agreement. A major element of the emerging consensus involves the “baseline,” the line from which all claims to zones of sovereignty or jurisdiction are measured. In addition, the Conference has generally accepted a breadth of 12 nautical miles for the sovereign territorial sea and 200 nautical miles for a coastal state zone of economic competence. An acceptable definition, in a legal sense, of the continental shelf seems to be provided. A major problem in the division of ocean space among States involves the delimitation of boundaries between adjacent States—those sharing a common land boundary—and opposite States—those situated so as to face each other across bodies of water. The issue remains divisive. The final treaty or convention, if successfully negotiated, will not, however, address technical issues. These important problems will have to be resolved by scientists and technicians concerned with the earth measurements in the post‐treaty era.     

On the environmental effectiveness of the EU Marine Strategy Framework Directive

Marine and coastal ecosystems – and thus the benefits they create for humans – are subject to increasing pressures and competing usages. For this reason, the European Union (EU) adopted the Marine Strategy Framework Directive (MSFD), which is to guide future maritime policy in the EU and aims at achieving or maintaining a good environmental status (GES) of European seas by 2020. To this end, the MSFD requires the development of improvement measures, which have to be assessed inter alia by examining their cost-effectiveness and by carrying out cost-benefit analysis (CBA) before their implementation. This paper investigates the applicability of environmental CBA in the marine context. It identifies and discusses problems that could hamper the environmental effectiveness of the MSFD. For example, the fact that marine ecosystem services are much less tangible than terrestrial ones implies greater challenges for the quantification of benefits for society in a marine context. One finding is that the limitations of environmental valuation methods regarding their ability to capture the whole total economic value of improvement measures are a potential source of problems, as the MSFD allows countries to disregard measures with disproportionately high costs. The trans-boundary nature of the main European seas adds to the complexity of the valuation task, e.g., due to the danger that benefits that occur outside of national territories are neglected. Moreover, the current state of knowledge on the functioning of complex marine ecosystems and the links to socio-economic impacts and human well-being seem insufficient to meet the MSFD requirements.     

Figuring fish and measuring men: the individual transferable quota system in the Icelandic cod fishery

This article discusses inequality in the Icelandic cod fishery, focusing on changes in the actual distribution of fishing quotas and the ways in which Icelanders currently talk about equity and ownership. The individual transferable quota (ITQ) system, introduced in 1984, divided access to an important resource among those who happened to be boat owners at that time. Statistical findings with respect to the cod fishery - based on a database (the ‘Quotabase’) constructed using detailed information on all vessels that have been allotted ITQs from the onset of the system - show that ITQs have been increasingly concentrated in the hands of the biggest companies. Many of the small-scale boat owners that still hold ITQs are increasingly compelled to enter into contracts that involve fishing for larger ITQ holders. It is suggested that the distribution of ITQs, as well as their evaluation in social discourse, represents an important field of research. In Iceland, public discontent with the concentration of fishing rights and the ensuing social repercussions is increasingly articulated in terms of loaded metaphors, including ‘profiteering’, ‘tenancy’ and ‘lords of the sea’. It is argued that the ultimate efficiency of management programs may be jeopardized if managers ignore the history and culture of the fisheries involved and the likely social and ecological consequences of their programs.