Law and fisheries reform: Legislative and policy developments in South African fisheries over the decade 1994–2004

Following the enactment of the Constitution in 1996, the South African government undertook a process of legal reform in the fishing sector. This led to the publication of a new fisheries policy endorsing equity and sustainability, as reflected in the Marine Living Resources Act. This paper examines efforts to implement the policy, particularly the objective of “transformation”, against the background of law reform in fisheries over the last decade. The discussion is located within the context of related domestic legal developments and current trends in international fisheries law. Methods for enhancing effective implementation of the new fisheries policy are highlighted.     

Constraints on community participation in salmon fisheries management in Northwest Russia

Salmon fishing used to be the primary source of income in many rural areas of Arkhangelsk oblast in northwest Russia. People who settled in the area received a name Pomory, from Russian po moriu, meaning by sea, because their subsistence activities became marine fishing and hunting and seafaring. Local fisheries have undergone significant changes as post-Soviet Russia embraced the market economy and the state introduced fishing concessions. The current Russian law only allows fishing for salmon through officially registered recreational or commercial fisheries. Both these options are often either unavailable or unaffordable to rural dwellers, which leaves them with limited or no legal access to their traditional salmon fisheries. There has been a growing concern for protecting communities’ fishing rights among wider society in Arkhangelsk oblast. City activists promoted Pomory identity and appealed to the Russian government to grant Pomory an indigenous status to secure their access to fisheries. Although Pomor activism did not reach most of its proclaimed goals, it has contributed to promoting the image of Arkhangelsk oblast as a homeland to Pomor fishing. This image has played an important part in what Arkhangelsk authorities have called socially-oriented fisheries management. Officials have made good attempts to better accommodate rural communities’ access to fishing resources. Yet, these attempts have failed to include fishermen as active participants in the process. This paper looks at constraints on community participation in fisheries management in Russia. It considers both historical and contemporary reasons for the low participation of local community in fisheries management.     

The impact of community-based fisheries management (CBFM) on equity and sustainability of small-scale coastal fisheries in the Philippines

It was realized that with the increasing rate of deterioration of fisheries resource in the Philippines, there was no way the country could pursue a pathway of sustainable development. After enactment of the Local Government Code of 1991, the government actively promoted community-based fisheries management (CBFM) to conserve the coastal resources. The increased attention paid to community-based fisheries management has come about through experience of the poor performance of other approaches and through the study of traditional systems of community management of natural resources which have not only survived but also appear to perform better than the alternatives. This paper presents the results of a study to assess the impacts of CBFM projects in the Philippines, using meta-analysis, on the equity and sustainability of small-scale coastal fisheries. The outcomes indicate a positive impact of CBFM on the equity of both involvement in management and benefit sharing and sustainable management of fisheries resources through the investigation of effective magnitude (effect size) based on eight indicators. The positive summary effect sizes of participation, influence, control, access, and income conjunctly portrayed an improved equity in the fishing community by implementing CBFM. The positive summary effect sizes of compliance and conflict indicated an affirmative community and, therefore, sustainable fisheries management. While the negative summary effect size of resource revealed the difficulties in recovering fish abundance in a relatively short period of time. Also, ten years of implementation of CBFM was discovered as the minimum duration with perceived equity and sustainability improvement for most indicators.     

Unreported fishing, hungry people and political turmoil: the recipe for a food security crisis in Madagascar?

Madagascar, the world's fourth largest island, is one of the world's poorest developing countries, and its people depend heavily on marine resources for subsistence and income. Exports of these resources and foreign fishing access agreements are also important, at least from a large-scale economic perspective. In recent years, concerns have been voiced amongst local fishers and industry groups regarding the growth of the country's fishing effort. Despite these concerns, existing knowledge of the scale, composition and trends of Malagasy fisheries remains poor, and there is negligible information regarding unreported catches and illegal fishing in Madagascar's waters. Small-scale fisheries, which are often substantial in developing countries such as Madagascar, are often unreported or underestimated. Unfortunately, fisheries legislations, management plans and foreign fishing access agreements are often influenced by these incomplete data, leading to serious over-estimations of resource availability. This also appears to be the situation in Madagascar, where the reconstruction of total catches by all Malagasy fisheries sectors conducted here showed that total catches between 1950 and 2008 were twice the volume reported by national fisheries agencies. Most importantly, much of the subsistence sector is missing from official statistics, and signs of decline have already been observed in several stocks, suggesting that current levels of catches are likely to be exceeding sustainable yields. This has profound implications for the economic and ecological sustainability of fisheries, as well as food security in a country where people rely heavily on the ocean for their daily protein needs and livelihoods.     

Transformation of South African industrial fisheries

South African industrial fisheries have been dominated by a few large companies. The Marine Living Resources Act (MLRA) of 1998 emphasised that equity was to be achieved by redistribution through co-operative strategies among stakeholders. Instead, the reallocation of fishing rights has been treated as a resource management issue rather than a socio-economic challenge. Further, the institutional structures for transformation have been inappropriate. This paper investigates the institutional dynamics and discrepancies associated with transformation and concludes that the process became locked in a path dependency, which will eventually undermine the intentions of transformation.     

Fish stocks and their management: The changing face of fisheries in South Africa

Transformation of South African marine fisheries over the past 10 years has had to balance economic stability, equity and sustainability. This is being done in three ways. First, access rights have been redistributed, increasing the number of rights holders 20-fold and the participation of historically disadvantaged individuals from 0.75% to 62%. Second, established companies have undergone internal transformation. Third, subsistence fishers have formally been recognised. New focuses include co-management, ecosystem-based management and marine protected areas. Further necessary steps include parity in salaries, attention to artisanal fishers, embracement of co-management, expansion of subsistence management and effective enforcement. Most stocks are healthy or recovering but exceptions, such as abalone, warn how quickly stocks can be decimated if co-operation is not achieved.     

Small-scale fisheries reform: Expectations,hopes and dreams of “a better life for all”

This article follows the transformation process in the fishing industry with specific reference to the emergence of a limited commercial sector. In the policy domain, this sector was accommodated through a “one size fits all approach” to access rights, requiring it to compete with the large-scale commercial sector for the same resources. The strategies and actions of successful and unsuccessful applicants in four fishing communities in South Africa are examined. The paper identifies the key challenges facing the limited commercial sector as being the lack of skills to complete the application process, start up capital or credit, organisation and financial and business acumen. It highlights the disjuncture between the Marine Living Resources Act's stated aims of sustainability, equity and stability and the realities of implementation at a grassroots level.     

System evaluation of sustainability in the Norwegian cod-fisheries

Overcapacity in the fishing fleets is considered as the most serious threat to sustainable fisheries. More effective fishing vessels and catching gear contribute to increased catch capacity. Increased catch capacity causes environmental problems such as overexploitation and calls for larger quotas. The problem of overcapacity indicates the need for a stronger integration of technological aspects into fisheries management. This article assesses the differences in sustainability between the Norwegian ocean and coastal fishing fleets in the cod fisheries, by using systems engineering methods. Attributes of sustainability in the Norwegian cod fishing fleets are investigated, as well as acceptance criteria and performance indicators. The results show that there are huge differences in the performance between the vessel groups, and that the results of an evaluation of sustainability in the fishing fleets are dependent on which attributes are explored. Thus, the discussion may contribute to a better decision basis and improved sustainability in fisheries management.     

Regulating the access to fisheries: learning from European experiences

The pressure on aquatic renewable resources has rapidly increased over past decades as a result of both sustained high demand and technological innovation. The relative scarcity of fishing resources is not new, but it seems today to have become a generalised phenomena for most aquatic ecosystems from local to oceanic scales. Either motivated by the desire to regulate conflicts between groups of fishermen (gears, communities, etc.) or to improve efficiency by internalising part of free access externalities, fisheries management appears fundamentally to represent a process of access rule definition and implementation. Whatever is the instrument (output or input based, regulatory or economic, market oriented or not) it is the structure of access rights that is initially affected. There is nothing original in the fact that increasing relative scarcity calls for property right structure changes. It is also not surprising that in many cases, creating an access right structure provides an opportunity for a market expression of resource value. But in the case of fisheries resource appropriation is not as simple or easy as on land. Mobility and variability of the resource, diversity of fishing techniques interacting over stocks or areas, makes the case more difficult. Furthermore, management instruments are not as similar as the economic theory of management implies. Therefore, there is no straightforward answer. This is the reason why many different routes have been chosen to regulate world fisheries. In practice, efficiency and equity objectives are rarely successfully met. The European Union, with the Common Fisheries Policy and the various local or national management schemes, offers a fair range of such examples. Referring to European examples, the key issues in the debate over fisheries management are considered.     

Acceptable sustainability in the fishing fleet

This article discusses the performance of the Norwegian fishing fleet within an acceptable level of sustainability. Previously, the cod-fishing fleet has been evaluated at the attributes—accident risk, employment, profitability, quality of the fish meat, catch capacity, greenhouse gas emissions/acidification, and bycatch/selection. The assessments focused on the first four steps of the systems engineering process, i.e., from needs identification to trade-offs of system alternatives. The objective of this paper is to focus on the last steps of the process; design, solve, verify, and test, to improve the decision-basis for fisheries management in order to increase sustainability in the fishing fleet. More specifically, this means to analyze the decision-making situation and develop acceptance criteria of a sustainable Norwegian cod-fishing fleet to enable fisheries management to monitor the sustainability performance of the fleet on a regular basis.     

Applicability of Individual Transferable Quotas (ITQs) in Japanese fisheries: A comparison of rights-based fisheries management in Iceland, Japan, and United States

ITQs have not yet been introduced by the Government of Japan. In coastal areas, fishery cooperative associations have traditionally played an important role in managing fisheries through self-imposed rules and peer-monitoring systems. Recently, however, the economic competitiveness of Japanese fisheries in the international market is being questioned. In this paper, a detailed examination of the pros and cons of the current system in Japan is compared to the current fishery management measures of Iceland and the United States, where attaining economically or biologically efficient outcomes may be prioritized in making fisheries management decisions. For many coastal fisheries in Japan, maintaining a management scheme in which stakeholders play an active role in determining fisheries measures seems more relevant if their priority is to maintain the stability of coastal communities and equity of stakeholders. Intensive dialog among stakeholders would be necessary to identify shared objectives of their fishery operations and to make decisions to establish specific steps toward the goal of increasing economic efficiency, environmental sustainability, or stability of communities and equity of stakeholders.     

Bluefin tuna fishery policy in Malta: The plight of artisanal fishermen caught in the capitalist net

The bluefin tuna fishery has undergone a major shift in Malta, moving from an open access artisanal nature to a privatized and industrialized activity dominated by the purse seining fleet and the BFT ranching industry. The shift has been exacerbated by the national implementation of an individual transferable quota system, which has enabled the concertation of quotas into fewer hands. The main objective of this article is to understand how privatization has evolved within the sector and the way the Maltese artisanal fishermen are experiencing the shift. This study takes an exploratory mixed-method approach to quantitatively and qualitatively understand how policy underpinnings interplay with the sustainability dimension of the small-scale fishing sector. Results show that the transition of the bluefin tuna fishery from artisanal to industrial has generated a legitimacy crisis over fishing rights, decreased profitability amongst most of the artisanal fleet, and led to a series of socio-ecological impacts on the artisanal fisheries system at large. It is concluded that the neo-liberal trajectories of industrialization have directly undermined the continued sustainability of artisanal fishing communities.     

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.     

Small versus large-scale,multi-fleet fisheries: The case for economic,social and environmental access criteria in European fisheries

Overfishing is a major problem in global fisheries, plaguing 32% of stocks around the world and a massive 72% in the EU. Despite this, access to public fish resources in the EU and its member states are granted without any social or environmental conditions. Without these, the process of allocating quotas – essentially determining the future health of marine resources and the fishing industry – is blind to virtually all of the impacts of fisheries. Here, the United Kingdom's North Sea cod fishery is studied, comparing the social, environmental and economic impacts of trawlers and gillnets, the two major fishing gears targeting cod in this area. Comparisons are also made on a vessel-length basis to address recent debate concerning the benefits of small-scale fisheries. The results show that, for each tonne of cod landed in these fisheries, all trawlers have impacts that are more costly than the value of their landings. There are also vessel length-specific differences, with the largest trawlers the most destructive (−£1992/tonne and −£2.50/fish). Gillnets, on the other hand, generate positive value to society (+£865/tonne and +£2.16/fish). Despite these impacts, gillnets land only 1% as much cod as trawlers do. The results support the policy implementation of access criteria into the reform of the Common Fisheries Policy, to ensure fishermen generate positive outcomes for society and to provide incentives that align fishermen's interests with conservation objectives.     

Are input controls required in individual transferable quota fisheries to address ecosystem based fisheries management objectives?

This study examined the use of Individual Transferable Quotas (ITQs) to effectively manage fishing impacts on all ecosystem components, as required under Ecosystem Based Fisheries Management (EBFM) principles. A consequence of changing from input controls to output-based (catch) management is that the control of the regulating authority tends to be reduced, which may affect the outcomes for ecosystem management. This study reviewed the use of input controls across six fishing methods in 18 ITQ fisheries, which have been independently accredited as ecologically sustainable by the Marine Stewardship Council (12 fisheries) or under Australian environmental legislation for Wildlife Trade Operation (six fisheries). Input controls were retained across a range of ITQ fisheries, with non-selective fisheries such as trawl, gillnet and line employing more input controls than selective fisheries such as purse-seine, pot/trap and dredge. Further case-studies confirmed the widespread and recent use of input controls (spatial and temporal closures) with the aim of managing ecosystem impacts of fishing. The retention of input controls, particularly closures affects the security (quality of title) characteristic of the fishing use right and the theoretical ability of fishers to manage their right for their future benefit. The security characteristic is weakened by closures through loss of access, which undermines industry trust and incentive for long-term decision making. By reducing the security of ITQs, individual fisher incentives and behaviour may separate from societal objectives for sustainability, which was one of the foremost reasons for introducing ITQ management.     

Perceptions and preferences of commercial fishers for dedicated access privilege framework in a multispecies fishery

The decline of the world's fisheries and the inability of traditional management frameworks to maintain them, has led managers to adopt alternative management frameworks. The use of dedicated access privileges have often been shown to have varying popularity among factions within the commercial fishing industry and managers. Here, we examine commercial fishers' preference for alternative management frameworks in the context of a unique multispecies fisheries of the Florida Keys. By surveying commercial fishers, we find that that the size of operation plays no role in affecting fisher perception regarding dedicated access privileges. Furthermore, fishers who are organized are less likely to support dedicated access privilege frameworks. Overall, we do not find enough support in the fishing industry for the implementation of dedicated access privileges in the Florida Keys. These findings can provide inputs in developing effective management plans in the region.     

Searching for market-based sustainability pathways: Challenges and opportunities for seafood certification programs in Japan

Over the past two decades, there has been a proliferation of consumer-facing, market-based initiatives for marine conservation—most notably in seafood eco-labels and sustainability certifications. Yet, despite the growing recognition of these initiatives by consumers and retailers in North America and Europe and the (subsequent) acceptance of their role in seafood distribution by fisheries and fish marketing industries around the world, seafood certification programs have thus far made little progress in Japan. Here, the evolution of the three seafood eco-label and certification programs in Japan is examined and insights into the ongoing challenges they face in terms of the domestic supply chain network, consumer preference and their social-cultural attitude toward sustainability are provided. Despite an initial lack of success, seafood certification programs in Japan can be useful in enhancing consumer awareness for fisheries resource conservation and identifying Japanese domestic small-scale fisheries that are already engaged in sustainable fishing practices. A possible pathway for developing an eco-certification program suitable for the Japanese seafood market is provided through integration of environmental and cultural sustainability under the existing certification framework.     

Fact or fiction? Assessing governance and co-management of Marine Reserves of Fishing Interest in Cedeira and Lira (NW Spain)

A large number of the marine protected areas (MPAs) designated in Spain have been proposed by public authorities or conservation NGOs in conjunction with their own administrations and other social and economic stakeholders. The only examples to date of MPAs proposed by fishing interests – the fishermen and their organizations – are located at Cedeira and Lira, two small communities in North West Spain. These fishing interests have been involved in these two proposals from the start, including design and development, as well as internal awareness-raising. However, 5 years from the outset, both marine reserves have failed to meet the conditions and essential requirements of a successful fisheries management system. This paper evaluates how the artisanal fishing sector has been identified with the idea of sustainability; and how the role and power relations of the Galician regional administration acquired both the key institutions of co-management and their associated functions which have conditioned the consolidation process of these marine reserves.     

How subsidies affect the economic viability of small-scale fisheries

This article presents the first bottom-up analysis of the proportion of global marine fisheries subsidies to small-scale fisheries (SSF). Using existing data, the reported national subsidy amounts are split into the fraction that goes to small- and large-scale fishing sectors. Results reveal a major imbalance in subsidy distribution, with SSF receiving only about 16% of the total global fisheries subsidy amount of $35 billion in 2009. To bring this into perspective, a person engaged in large-scale fishing received around 4 times the amount of subsidies received by their SSF counterparts. Furthermore, almost 90% of capacity-enhancing subsidies, which are known to exacerbate overfishing go to large-scale fisheries, thus increasing the unfair competitive advantage that large-scale fisheries already have. The developmental, economic and social consequences of this inequity are huge and impair the economic viability of the already vulnerable small-scale fishing sector. Conclusions indicate that taxpayers' money should be used to support sustainable fishing practices and in turn ocean conservation, and not to foster the degradation of marine ecosystems, often a result of capacity-enhancing subsidies. Reducing capacity-enhancing subsidies will have minimal negative effects on SSF communities since they receive very little of these subsidies to begin with. Instead, it will help correct the existing inequality, enhance SSF economic viability, and promote global fisheries sustainability.     

Economic gains of liberalising access to fishing quotas within the European Union

This paper analyses the extent to which specialisation gains can be achieved by liberalising access to fishing quotas within the European Union (EU). Fishing quotas are today exchanged between EU member states at a rate of 4% of total turnover in EU fisheries. Germany, Belgium, Denmark and the Netherlands are the most active. Only one fourth of these exchanges are permanent. With the management systems in EU fisheries differing among countries, comparative advantages in fisheries exist in member states with the best management practices. Hence, although positive but small specialisation gains exist in EU fisheries today, these gains might potentially be increased by liberalising access to fishing quotas and allowing transferability of quotas between individuals from different countries on a permanent basis. Increasing the gains might, however, affect relative stability.