Property rights in fishing: from state property towards private property?: A case study of three EU countries

Fishing limitations to protect fish stocks can develop to different types of property rights. A move towards full private rights is promoted by some authors. The article questions whether such a move is desirable and it also investigates whether private rights are indeed becoming more important in EU fisheries. A study on property rights in the Danish, Dutch and UK fishery (WP Davidse, ed., Property Rights in Fishing, LEI-DLO, The Hague, 1997, OV159) sector forms the background of this approach.Bromley’s definition of property rights (D W Bromley, Environment and Economy: Property Rights & Public Policy, Blackwell, Oxford, 1991), including ‘a right to a benefit stream’, has been used to identify rights in these three EU fishing sectors. These property rights regimes vary from a domination of state property, the Danish one, to a complete system of individual rights, the Dutch case. The UK position is between these extremes, showing characteristics of common property, apart from kinds of state- and individual property of fishing rights.The article ends with a consideration of the review of the Common Fisheries Policy (CFP) in 2002 from the viewpoint of property rights. Negotiations in the run up to 2002 will demonstrate conflicts between views on state property and on private property rights. This regards the tension between the principle of relative stability of quota allocations and the EU principle of free movement of capital, goods and services. Finally, two possibilities are suggested to combine both these principles.     

Attainment of ecosystem based governance in European waters—A State property rights regime approach for Ireland

On Ireland's continental shelf, as well as within its Exclusive Economic Zone (EEZ), there are significant biodiversity hotspots including those associated with Cold Water Corals (CWC). Some of these ecosystems enjoy little or no actual protection and are subject to the effects of open access. Sectorally driven initiatives, a recalcitrant attitude to environmental law and inadequate governance, have added to the conditions that have facilitated years of damage by fishers and other actors from many States. A review of the current governance regime, influenced primarily by the Common Fisheries Policy (CFP), is presented. Failings of this regime are highlighted by the destruction of some biodiversity hotspots associated with vulnerable marine ecosystems (VMEs), an externality primarily arising from the effects of deepwater fishing. While exploring some of the principles relating to the institution of property rights, this paper makes a link between property rights, the public trust doctrine and sovereign rights. The paper suggests that such biodiversity systems are the property of citizens of the individual States in whose area of jurisdiction they occur. The paper argues for an Irish State property rights regime as part of an ecosystem approach within a nested institutional architecture. This has important implications for the governance of biodiversity such as that associated with CWC and for the development of an Irish National Oceans Policy.     

Transferability of fishing rights: The Spanish case

Some authors defend the implementation of regulation mechanisms such as individual transferable quotas, that is, the capacity to assign every fisherman an individual right so that he can fish a certain quantity of a specific species during a concrete period of time, as the most efficient way to reach a greater resource assessment and to guarantee biological sustainability. Nevertheless, much attention has been brought to the fact that, since these rights can be sold, negotiated, exchanged or transferred by the owners, it can bring about a concentration process, which would not favour social equity.     

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.     

Institutional change,fishing rights and governance mechanisms: The dynamics of the Spanish 300 fleet on the Grand Sole fishing grounds

The “Spanish 300 Fleet” on the Grand Sole fishing grounds has been one of the most important fleets in Europe for decades. This paper analyses the process of institutional change that has determined the governance mechanisms and the property-rights system in the case of the Spanish 300 fleet. It studies the centralized top-to-bottom process of institutional change that has included some relevant legal norms such as the approval of the compatibility of the vessel scrapping grants while retaining ownership of the fishing rights, the transferability of rights and lastly the implementation of ITQs in 2007, among other changes. This evolution of the governance mechanisms has facilitated the modernization and size adjustment of this fleet, which has been oversized for the fishing opportunities provided by the TACs. The paper explains how this process of institutional change has implied a reduction of the “300 fleet” to a 100 fleet while shedding light on the relationships between institutional change, governance mechanisms and the property-rights system in this case of fisheries management.     

Fishery cooperatives and the Pacific Whiting Conservation Cooperative: Lessons and application to non-industrial fisheries in the Western Pacific

The last 20 years have seen a fundamental shift in fishery management from reliance on open access and regulated open access to systems based on individual user rights. In some cases, the allocation of harvest rights to defined harvest or community sectors has served as a catalyst to drive the formation of voluntary agreements among fishermen in creating self-governed systems of catch shares. A number of voluntary cooperatives including the Pacific Whiting Conservation Cooperative – which served as the model for the American Fisheries Act – provide examples of self-governing systems which have successfully achieved management objectives including greater economic performance, equity, and conservation. Cooperative arrangements have functioned to devolve some of the responsibilities of management to the cooperative – allowing fishermen greater operational flexibility in achieving individual or community goals, while reducing the burden of management on formal managing bodies. Analysis of voluntary cooperatives shows that their success is based on the existence of certain core conditions including relatively small homogeneous groups of players, secure sector-allocated and divisible rights, and the ability to form binding contracts among coop members. Cooperatives, however, face a number of internal and external threats that can undermine their success and existence. Whether voluntary or designed through regulation, cooperatives may be a promising approach for addressing challenges in non-industrial fisheries in the United States including the Western Pacific – especially if coupled with user rights based on geography, territory, and culture. However, the sheer geographical size and cultural diversity of regions such as the Western Pacific suggests that no single approach may be appropriate throughout the entire region.     

Property relations and the co-management of small-scale fisheries in Costa Rica: Lessons from Marine Areas for Responsible Fishing in the Gulf of Nicoya

Marine fisheries in Costa Rica have become characterized by overexploitation, ineffective centralized management and increased conflict among fishing sectors. Despite high economic and socio-cultural importance of small-scale fisheries, no formal mechanisms existed until recently to facilitate the participation of fishers in management. Marine Areas for Responsible Fishing (Áreas Marinas para la Pesca Responsable, AMPR) were legally recognized in 2009 as a co-management approach, enabling the designation of spatial management areas to be implemented collaboratively by artisanal fishers and government agencies. In this paper, we examine property and access relations shaping this emerging participatory management model using case studies primarily from the Gulf of Nicoya region. The policy demonstrably improves upon some aspects of management, for instance, by allowing artisanal fishers to determine gear restrictions within designated areas. However, the model lacks other attributes of more successful co-management scenarios, particularly exclusive access. The fugitive nature of resources further complicates property relations over these fisheries. The cases explored also illustrate broader institutional and systemic issues that preclude effective participatory management. Lessons from the region are used to propose significant shifts to the management of small-scale fisheries in Costa Rica.     

Climate, fishery and society interactions: Observations from the North Atlantic

Interdisciplinary studies comparing fisheries-dependent regions across the North Atlantic find a number of broad patterns. Large ecological shifts, disastrous to historical fisheries, have resulted when unfavorable climatic events occur atop overfishing. The “teleconnections” linking fisheries crises across long distances include human technology and markets, as well as climate or migratory fish species. Overfishing and climate-driven changes have led to a shift downwards in trophic levels of fisheries takes in some ecosystems, from dominance by bony fish to crustaceans. Fishing societies adapt to new ecological conditions through social reorganization that have benefited some people and places, while leaving others behind. Characteristic patterns of demographic change are among the symptoms of such reorganization. These general observations emerge from a review of recent case studies of individual fishing communities, such as those conducted for the North Atlantic Arc research project.     

Linking fishery management and conservation in a tropical estuarine lagoon: biological and physical effects of an artisanal fishing gear

Information coming from fishery monitoring, surveys and experimental fishing with participation of fishers was employed to determine the impact of an artisanal gear, ‘boliche’, on the biodiversity of the Ciénaga Grande de Santa Marta (CGSM), an estuarine lagoon on the Caribbean coast of Colombia. Fishery monitoring (catch data) included landings before (1968 and 1978) and after (1994–1996) the introduction of the boliche in the CGSM (1985), whereas surveys were conducted seasonally during 1993–1994. Fishing experiments involved evaluating different mesh sizes and the short-term effect of physical disturbance by the boliche. Monitoring suggested potential trophic effects of this fishing gear: the catch of large, long-lived, carnivorous species declined after the introduction of the boliche in the CGSM, whereas catch rates of smaller, shorter-lived, and lower trophic level species increased. Surveys revealed that the boliche retained 41 species. The by-catch made up 62% of the total catch and the remaining 38% involved the three target species Eugerres plumieri, Mugil incilis and Cathorops spixii. Selectivity experiments showed that 2.5 in. stretched mesh size gill nets caught more species than the 3.0-in. mesh. The smaller mesh also increased the risk of a critical reduction in the spawning stock of target species (notably E. plumieri); a situation that could affect the fish community if mesh sizes lower than 2.5 in. were intensively used. Suspended particulate matter significantly increased after fishing activity, with higher resuspension on mud-shells and mud substrata, whereas dissolved oxygen showed no appreciable changes after fishing operations. Notwithstanding, the activity of the boliche would generate sediment resuspension between 382 and 470 t day⁻¹, which could lead to potential cascade impacts on water quality. We propose a framework of redundancy in management measures in order to simultaneously reach management and conservation goals.     

Private property and public interest in fisheries management: the Tasmanian rock lobster fishery

In 1998 a management system based on individual transferable quota (ITQ) was introduced in the Tasmanian rock lobster fishery. This marked the continuation of a management trend that has favoured economic efficiency at the cost of reduced employment and greater restrictions on access to the fishery. The authors discuss management trends in the fishery in the context of Tasmania's history, and social and political characteristics, which it is argued, have shaped development of Tasmania's resource management culture. Implications for social equality, economic well-being and environmental sustainability are discussed. In conclusion the difficulty of reforming policy that has been shaped by vested interests and which establishes rent-seeking activity is considered.     

Social,economic and environmental effects of closing commercial fisheries to enhance recreational fishing

Recreational fishing mortality can have a major impact on coastal fish populations, bringing recreational fishers into conflict with commercial fisheries. This article reviews exclusion zones for commercial fishing, or ‘recreational fishing areas’ as a solution to the conflict between commercial and recreational fisheries. Recently designated recreational fishing areas in the state of Queensland, Australia are examined as a case-study. The goal of recreational fishing areas is to enhance recreational fishing and provide economic opportunities through charter fishing. However, recently designated recreational fishing areas in Queensland have not been thoroughly assessed for their social, economic and environmental impacts and they are not integrated within existing management frameworks for fisheries. The designation of recreational fishing areas is thus a shift away from evidence-based management in Queensland's fisheries and has likely occurred solely for political reasons – there are more voters in the recreational fishery than commercial fishery. In Queensland, excluding commercial fishing on its own is unlikely to result in long-term benefits to recreational fisheries because recreational harvest is a major component of fish harvest for some key species and there is no legislated limit to recreational harvest. Current political attention on recreational fishing areas provides an opportunity for fisheries managers, politicians, conservation groups and the public to discuss what is needed to manage sustainable coastal fisheries. In particular, recreational fishing areas need to be combined with efforts to enhance stewardship among recreational fishers if they are to be successful in the long-term.     

Catch share programs in developing countries: A survey of the literature

The literature on catch shares is dominated by analyses of programs in developed countries. To address this research gap, this paper identifies and discusses programs in developing countries. The paper also investigates differences between countries that have and have not implemented programs across a number of relevant dimensions, including governance and resource value, and characterizes the relationship between catch share type (e.g., quota-based or space-based systems) and the species characteristics. The paper identifies programs in about 20 percent of coastal and developing countries and finds that countries with catch shares have higher governance rankings, stronger economies, more valuable fishery export industries, and fewer people employed in fisheries. For example, the average governance effectiveness rank is 38.7 for all coastal and developing countries and 60.8 for countries with quota-based fishing rights. Species managed under quota-based systems are also found to have the potential for strong recruitment externalities. The results support ideas from the fisheries economics literature on the pre-conditions that are more likely to lead to the adoption of a catch share program.     

An assessment of the current status of the chokka squid fishery in South Africa and an evaluation of alternative allocation strategies

The South African squid fishery is based on a single species, Loligo reynaudi, locally referred to as chokka and commonly found around the Agulhas Bank and West Coast shelf of South Africa. The existing long term rights for participation in the fishery expire at the end of 2013 and a new set of rights will have to be issued. Progress made to date in achieving the objectives of the South African Marine Living Resources Act of 1998 (MLRA), including progress towards greater equity, will be an important consideration in allocation decisions. The draft Small-Scale Fisheries Policy, scheduled to be adopted in 2013, could also influence the criteria to be used. This study updates the information on the current structure and functioning of the squid jig sector and considers the likely performance of two alternative access allocation scenarios against the current and evolving policy goals. The study reaffirms that the squid fishery is an important contributor to human well-being in South Africa and particularly in the Eastern Cape Province but there is scope for improvement in the extent of transformation and equity. The study concludes that, as a result of a common lack of experience and capital amongst potential new entrants, the risks associated with transformation in this fishery are likely to be high, especially if the option of allocating rights to community-based legal entities was to be used. The risks could be reduced by ensuring that a number of pre-conditions were met. These include, amongst others, not allowing total effort in the fishery to increase; ensuring effective management by the responsible government authorities; adequate capacity building of new entrants, whether individuals or cooperatives; and ensuring new entrants have viable business plans.     

The evolution of legal instruments and the sustainability of the Peruvian anchovy fishery

Landings statistics of the Peruvian anchovy fishery show that the fishery went through a phase of explosive and uncontrolled growth from its establishment in the mid-fifties until its collapse in 1972. After the collapse, a second phase from 1973 to 1984 was characterized by unfavorable warm ocean conditions and low catches. A third phase, from 1984 to the present, with propitious ocean-environmental conditions and modern governance, can be further divided into a controlled growth period (1985-1994) and a sustainable landings' period (1995 to present). The most recent period of the third phase has enabled the fishery to maintain its catches and be labeled as one of the most sustainable fisheries worldwide. This article highlights the evolution of the legal system that provides for the current sustainable landings and governance of this fishery. Results show that General Fisheries Acts were enacted independently of failures to sustain anchovy landings. The three Peruvian Fisheries Acts were a reflection of broader national socio-political changes and were enacted mainly to define the role of the state and private investment and to delimit foreign involvement in the fishery industry. By contrast, the enactment of secondary legislation to control quotas and fishing seasons increased as the fishery moved towards stable landings. During this phase, enacted secondary legislation showed also a clear peak during strong positive sea surface anomalies driven by the El Niño Southern Oscillation (ENSO) 1997-1998, providing evidence of rapid adaptive management. The role of Fisheries Acts in defining access rights at the national level from a multilevel governance approach is discussed and further key elements that contributed to the transition towards sustainability are suggested.     

Introducing run-size driven fisheries management for the coastal fishery of Atlantic salmon: Preseason forecasts for policy makers

The Finnish coastal fishery of Atlantic salmon (Salmo salar) in the northern Baltic Sea is regulated using multi-annual, pre-fixed, opening dates of harvests that aim to enhance spawning escapement of early migrating wild salmon. Such an inflexible management regime does not set regulations that track varying run sizes of salmon. We introduce an array of computational intelligence techniques to estimate and forecast coastal run size and escapement of salmon into three spawning rivers in the northern Baltic Sea. Our results indicated that the present management pattern, driven largely by regional fisheries policy, contrasts greatly with a “run-size driven” (i.e. abundance-based) management approach. Introducing run-size driven management, i.e. setting regulations annually by tracking preseason forecasts, would better ensure adequate escapement and at the same time allow the maintenance of coastal catch at sustainable level. Setting regulations annually would allow effective harvesting in years when the run is high, and would effectively restrict harvests when the run is low.     

Development of management measures for the groundfish fishery in Atlantic Canada : A case study of the Nova Scotia inshore fleet

Subsequent to extension of fishery jurisdiction in 1977 it was Canadian policy to favour the inshore sector in rehabilitation of the Canadian groundfish fishery. Catch allocation, limited entry licensing and vessel replacement policies were implemented, which at first allowed and then increasingly attempted to limit inshore fleet expansion, which was being encouraged through financial assistance programmes. New regulatory authorities wer obtained to deal with the increasingly difficult task of limiting annual harvests to catch quota levels. A 1986 study concluded that the licensed capacity of the Nova Scotia inshore fleet was approximately four times that required to exploit the resource at target levels. As a result of a government task force report released in January 1990, substantial changes were made in the control of fishing by inshore fleets, including establishment of an individual boat catch quota system for some sectors. This article documents the regulatory actions taken to date to control inshore fleet development and annual fishing activities, and the responses of fishermen to these, as a possible guide to the implementation of new approaches.     

Beyond individual quotas: The role of trust and cooperation in promoting stewardship of five Australian abalone fisheries

Private property rights, such as individual transferable quotas, are thought to encourage fishers to act as resource stewards. To achieve this, however, fishers must be able to cooperate with each other. This paper examines the relationship between trust, cooperation and stewardship in five abalone (Haliotis) fisheries in southeastern Australia. Industry-led resource management initiatives are used as indicators of stewardship, sometimes including substantial sacrifice of catch quota. Higher levels of trust and cooperative capacity enabled greater levels of industry-based resource management in four of the five fisheries. In one case, however, high levels of trust and cooperative capacity did not translate into associated levels of resource management. It is suggested that additional factors, such as perceptions of resource condition, are key determinants of resource stewardship. Private property rights may, therefore, be less important than previously argued.