Use Of Property Rights In Fisheries Management

The session was closed with papers that provided a prognosis on the future development of property rights in fisheries management. Thus, the conference papers addressed the theory and application of property.

The session was closed with papers that provided a prognosis on the future development of property rights in fisheries management. Thus, the conference papers addressed the theory and application of property.

This study is a contribution of the FAO Development Law Service to the discussion on rights-based systems in fisheries management from a legal perspective. It outlines the history of the development of rights-based fisheries management, the concepts of property rights in fisheries and the terms used in property rights regimes, the governing legislation in jurisdictions which have introduced property rights in fisheries, the interpretation placed by the courts of the jurisdiction on that legislation, and the possible options for implementing property-based fisheries rights systems in national legislation. Includes a section on New Zealand (p. 24-35).

This book examines the development of property rights in marine fisheries, and asks whether the obstacles to their continued development cannot be more easily overcome. The contributed chapters generally focus on the consequences of a lack of property rights of commercial and small-time fishers globally. National governments have recognized that the absence of such rights coupled with the technological advances in commerical fishing have resulted in widespread economic and environmental problems (e.g., overfishing, bycatching, highgrading, increased physical dangers, and lower profits). The most significant solution to these problems, and the predominate concern of this book, is the institution of Individual Transferable Quotas (ITQs), also known as Individual Fishing Quotas (IFQs). These are national and global policies, public- and private-sector managed allocations of the amount of various species of fish, at certain qualities can be harvested at particular times by fishers.

Part I of the proceedings consists of two major sections, the Mini-course lectures and the presentations presented during the Core Conference (Mini-course). The lectures presented during the two-day Mini-course were grouped in two sections. The first dealt with the concepts, theory and practice relating to the use of Property Rights in Fisheries Management. Subjects covered in the first past of the Mini-course included the historical development of the introduction of property in fishery management, property rights as a means of economic organization, selection of a property rights management system, resistance to changes in property rights or, whether to use Individual Transferable Quotas (ITQs), current property rights systems in fisheries management and group and community-based fishing rights. Topics covered in the second part of the Mini-course included Management Infrastructure for Rights Based Fishing, Legal Planning for Management of Fisheries Using Property Rights, The Administration of Fisheries Managed by Property Rights, Administration of Enforcement Mechanisms for Rights-Based Fisheries Management Systems and Fisher Participation in Rights-based Fisheries Management: The New Zealand Experience The second major section of Part I of the proceedings consists of the papers presented during the three-day Core Conference. These papers covered the perspectives of (a) governments in introducing and administering such methods of management and the political, conservation, social and economic consequences, (b) industry; and (c) the wider community and other involved stakeholders.

Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.