Navigating customary law and state fishing legislation to create effective fisheries governance in India |
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| Institution: | 1. Department of Geography, Rutgers, the State University of New Jersey, NJ 08854, USA;2. Foundation for Ecological Research, Advocacy and Learning, 170/3 Morattandi, Auroville Post, Tamil Nadu 605101, India;1. Interdisciplinary Program (IDP) in Climate Studies, Indian Institute of Technology Bombay, Mumbai, Maharashtra 400076, India;2. Shailesh J. Mehta School of Management, Indian Institute of Technology Bombay, Mumbai, Maharashtra 400076, India;3. School of Public Policy, University of Maryland, MD 20742, USA;1. Marine Biology and Ecology Research Centre , University of Plymouth, Drake Circus, Plymouth, Devon, PL4 8AA, UK;2. Marine and Coastal Policy Research Unit, University of Plymouth, Drake Circus, Plymouth, Devon, PL4 8AA, UK;3. Department of Fisheries Economics, Karnataka Veterinary Animal and Fisheries Sciences University, College of Fisheries, Mangalore, 575002, India;1. Department of Fisheries and Wildlife, Michigan State University, 480 Wilson Rd, East Lansing, MI 48824, USA;2. James Madison College, Michigan State University, 842 Chestnut Rd, East Lansing, MI 48825, USA;1. Department of Geography, Seoul National University, Seoul, Republic of Korea;2. Department of Geography, University of the Philippines, Diliman, Quezon City, Philippines;3. Department of Geography and Resource Development, University of Ghana, Accra, Ghana;4. Marine and Coastal Resources Institute, Prince of Songkla University, Hat Yai, Thailand;5. Faculty of Technology and Environment, Prince of Songkla University, Phuket Campus, Thailand;6. Department of Aquatic Sciences and Fisheries Technology, University of Dar Es Salaam, Tanzania;7. Director and Co-Founder of Aqua-Farms Organization, Dar Es Salaam, Tanzania;8. Department of Geography Education, University of Education, Winneba, Ghana;9. Department of Geography, National University of Singapore, Singapore;10. Center for the Humanities, Washington University St. Louis Campus, MO, USA;11. Coastal Oceanography and Climate Change Research Center, Prince of Songkla University, Hat Yai, Thailand |
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| Abstract: | When customary legal systems exist alongside state regulations, individuals can choose between these different frameworks to support their claims to resources. Research suggests that such framework switching to maximize self-interest weakens and challenges resource management. Multiple legal systems are at work in India's fisheries and this study examines how they work to govern conflict over purse-seine fishing in the Sindhudurg district of Maharashtra State. Through participant observations, interviews and state fishing law reviews, this study finds evidence of strong customary legal systems, operating through local cultural practices, to protect common property rights, equitable access, ethical and ecological concerns. In contrast, state legislation appears weak because it addresses issues of local concern, such as equitable access, at a slow pace and over such a large scale as to be absent. Consequently, multiple legal systems in these fisheries do not create a management challenge that follows a predictable path towards resource degradation. Instead informal, customary rules applied alongside formal state legislation interact in complex ways that create opportunities for effective co-management. |
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| Keywords: | Legal pluralism Customary tenure Fishing conflicts Co-management Small-scale fishing Artisanal fishing Maharashtra |
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