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1.
The declaration of exclusive economic zones (EEZs) granted coastal states sovereign rights over the marine resources in their EEZs and enabled developing coastal states to legally charge access fees to distant water fishing (DWF) nations for access to the resources in these waters. Despite the potential for economic gains, however, the ability of coastal states to benefit from the granting of sovereign rights and to ensure the sustainable use of their fisheries resources depends on how domestic fishing effort responds to the harvesting decisions of the DWF nations. We develop a stylized bioeconomic model to explore the change in fishing behavior of host and DWF nations when the two nations enter into an access agreement with varying levels of access fee. We further conduct an econometric analysis of changes in Pacific island nations’ harvesting behavior in response to the harvest decisions of DWF nations using data from the Western and Central Pacific tuna fishery. Our model results show that there is a range of variable access payment levels over which the host nation substitutes benefits from its domestic fishing activity with access payments from the DWF nation and that setting fees in this range can create a trap whereby host nations are forced to trade-off receiving a fair return to their fishery resources through access fees and retaining their own active fleet capacity. Our empirical analysis further shows a gradual shift in the way in which Pacific island host nations responded to the harvest decision of DWF nations as a result of the creation of the 200-nautical-mile EEZ.  相似文献   

2.
One of the major dilemmas of using rural commons for industrial uses in developing countries relates to the failure of the state to evolve consensus on allocating property rights to local communities and modern enterprises in a manner that sustains livelihoods and ecosystems. While traditional coastal communities enforce customary rights for fishing and mineral mining, the state sometimes reallocates traditional fishing territories to commercial mining to facilitate rapid industrialization. Communities oppose such transfers because of the negative impacts of commercial dredging on traditional fishing and ecosystems. Based on detailed field level surveys conducted in 2004, this paper describes how rural island communities along Cochin estuary expressed their opposition to the transfer of clam-mining rights to industries by democratic social mobilization. Counter moves were collectively organized by modern enterprises and trade unions which had the support of the state. However, major political parties retreated from conflict management, leaving the matter in a state of flux. This paper suggests that the state must recognize traditional livelihood rights of communities if it is to resolve conflicts and ensure the sustainable and equitable use of natural resources.  相似文献   

3.
Proponents of catch share-based fisheries have claimed ecological stewardship can result from the assignment of individual catch quotas. This claim is examined by analyzing the distribution of benthic habitat protection measures adopted by quota-owning industry sectors within the exclusive economic zones (EEZs) of the U.S. (Alaska), New Zealand, and high seas seamounts within the Southern Indian Ocean Deepsea Fishers Association (SIODFA) competence area. Results suggest the protection of both benthic ecosystems and essential fish habitat (EFH) are marginal at best when quota owners have primacy in determining the boundaries of bottom trawl closures. The majority of the areas in these three regions that are closed to trawling are too deep to fish, may not contain vulnerable marine ecosystems, and do not have high abundances of commercially important species. “Freezing the footprint” of bottom trawling is not the best method for benthic habitat protection in areas where the fishing industry is actively fishing vulnerable habitats. Analytical methods should be applied to help determine boundaries of future bottom trawl closures rather than allowing the fishing industry to place benthic protection areas (BPAs) in areas where they are not interested in fishing.  相似文献   

4.
On 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) rendered an advisory opinion in which it held that Articles 58(3), 62(4), 94(2), 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) laid down a responsibility of flag States for fishing activities undertaken by private actors in the Exclusive Economic Zones (EEZs) of coastal States. In interpreting these provisions of UNCLOS, the ITLOS made reference to specific clauses in fisheries access agreements (FAAs) concluded by coastal States and flag States. This article examines in more detail the contribution of FAAs to the concept of flag State responsibility. It will first offer a brief discussion of the framework for fisheries access under national jurisdiction provided by UNCLOS and will then take a closer look at how certain provisions contained in FAAs have contributed –and could contribute in the future– to the concept of flag State responsibility in international fisheries law. The article concludes that FAAs have contributed significantly to the development of the concept of flag State responsibility for fishing activities in the past and may do so to a more limited extent in the future.  相似文献   

5.
There is a need for effective mechanisms to be in place in order to allocate fishing possibilities. This seems crucial so that distributional concerns regarding this issue are properly addressed. This paper aims at providing insights into the allocation of fishing possibilities from Basque fisheries. We put forward this case in terms of its outcomes to the incentives deployed by the allocation system. The institutional substratum plays a key role in the outcomes of the system. In fact, the fishermen's traditional collective approach predominates even though the management system tends towards individual rights allocation and promotion of rights transferability. This is particularly notable in the case of inshore Basque fisheries.  相似文献   

6.
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.  相似文献   

7.
《Marine Policy》2002,26(2):95-102
The development of the Estonian fisheries and fishing rights during the post-Soviet period is discussed. In order to deal with excessive fishing capacity, a part of the fishing rights, both volume quotas and gear-use rights, in all Estonian fisheries will be allocated each year through auctions while the remainder will be allocated on the basis of the history of the use of recent fishing rights. This was done for the first time in 2001. All fishing rights depreciate from year to year in a geometric fashion, by 10% yearly. The results of the first auctions discussed in the paper suggest that auctioning is a suitable method to manage common-pool resources such as fish stocks.  相似文献   

8.
Managing marine fisheries using output controls in the form of individual transferable quotas (ITQs) can be an attractive alternative to more traditional input controls. There are now a number of examples of where ITQ-managed fisheries have been able to reduce the impact of the major management problems in global fisheries, namely, gross over-capitalisation and effort. However, ITQs are not the perfect management tool and one of the lesser known consequences of ITQ-managed fisheries where ITQs consist of a harvest right is the implicit relationship between ITQ property rights and rights of access to the fishing grounds. This implicit spatial right to the grounds can provide obstacles in the way of allocating water-space within fishing grounds for alternative uses such as marine-protected areas, large-scale aquaculture, and wind farms. These lesser-known consequences of ITQ-managed fisheries are discussed here.  相似文献   

9.
Namibia's fishing industry is managed using a system of fishing rights and individual fishing quotas. This property rights system was intended to encourage the local fishing industry to exploit the resource responsibly. Unfortunately, unintended perverse incentives have promoted induced overcapacity and inefficient use of vessels. In combination with inconsistent quota allocations, the result has been persistent pressure on the already depleted biological resource. This paper uses a bio-economic model to estimate actual and potential profits in Namibia's hake fishery. N$300 million annual profit was not realised due to the depressed state of the resource. Mean annual profits for the years 2007–2009 were N$80 million, which provides the fishing industry, as a whole, only about 36% of the potential normal profit. Theoretically this implies that the fishing industry would probably receive better returns with less risk if they invested their money elsewhere. This study demonstrates that by rationalising quotas and improving management, better efficiency and higher profits for the fishers and government could be obtained.  相似文献   

10.
Little is known about the effects of mud crabs population patterns on their exploitation. We used complementary approaches (experimental, fisher-based) to investigate how small-scale variations in density, size and sex-ratio related to the ecology of S. serrata may impact fishing practices in New Caledonia. Crabs were measured/sexed across 9 stations in contrasted mangrove systems between 2007 and 2009. Stations were described and classified in different kinds of mangrove forests (coastal, riverine, and estuarine); vegetation cover was qualitatively described at station scale. Annual catch was used as an indicator of fishing pressure. Middle-scale environmental factors (oceanic influence, vegetation cover) had significant contributions to crab density (GLM, 84.8% of variance), crab size and sex-ratio (< 30%). While small-scale natural factors contributed significantly to population structure, current fishing levels had no impacts on mud crabs. The observed, ecologically-driven heterogeneity of crab resource has strong social implications in the Pacific area, where land tenure system and traditional access rights prevent most fishers from freely selecting their harvest zones. This offers a great opportunity to encourage site-specific management of mud crab fisheries.  相似文献   

11.
The vulnerabilities of fishing communities to climate and environmental change represent major issues for the governance of fisheries resources which have a direct effect on human security, livelihoods and rights. This paper explores the dynamics of social-ecological systems in the estuary of the Patos Lagoon in southern Brazil. The paper identifies key factors that increase and/or minimize the vulnerabilities of the fishing communities in this lagoon with the objective of understanding: (a) the degree to which fishing communities are able to build adaptive and learning capacities to minimize/reduce vulnerabilities and maintain their livelihoods; and (b) how and under what circumstances external and internal factors may influence and disrupt the social-ecological resilience in this lagoon system. Results show that fishing communities with a higher degree of self-organization are able to create ways to minimize their vulnerability to adverse climatic conditions. However, only a few communities have developed adaptive mechanisms to cope with the influence of climate on resource abundance and availability. Little external institutional support for small-scale fishing communities, erosion of their traditional resource use systems and decreasing fish stocks in recent decades have all led to a gradual increase in the vulnerability of fishing livelihoods in this lagoon. The uncertainties associated with climate are related to increasing vulnerability and influence the degree of resource conservation and exploitation. The lack of public policies to deal with the impact of climate variability on the livelihoods of fishing communities and the presence of weak institutions in resource governance represent major threats to the social security of fishers in this region.  相似文献   

12.
The state of many fisheries and fishery resources requires a major change in development and management policies and strategies, at national and regional levels. The international Code of Conduct for Responsible Fisheries, adopted in FAO in 1995, provides the operational framework for such change, in all fisheries, in the oceans, inland waters, EEZs, international waters, as well as in aquaculture. In their respective areas of competence and in close collaboration, FAO and the World Bank are committed to facilitate the implementation of the Code by fishing and coastal nations. This paper presents the strategy they have developed for the purpose. The paper elaborates on: (1) the main policy-related issues faced by fisheries worldwide (bio-ecological, technological, economic, socio-cultural, institutional and legal, as well as scientific); (2) the Code of Conduct, its background, structure and scope; (3) the basis of the implementation strategy by FAO and the Bank; and the main types of activities involved at global, regional and national levels. In conclusion it describes briefly the main elements of changes imbedded in the strategy and shows that the implementation by FAO and the Bank as well as by the countries has already actively started.  相似文献   

13.
This study challenges the ‘National Park’ as the appropriate management model for the Peixe Lagoon area in southern Brazil through an investigation of local fisherfolk livelihoods and traditional ecological knowledge. We argue that top-down management policies implemented through a non-participatory process, which have resulted in conflict between government officials and fisherfolk, disregarded the fisherfolk’s cultural practices and particular knowledge, thereby violating their rights as traditional people. Multiple suggestions are provided to achieve environmental conservation schemes without compromising the local traditional fishing livelihoods.  相似文献   

14.
文章借鉴自然资源资产负债表的编制框架和海洋资源的统计核算等相关理论,通过确认海洋资源的产权和最大可持续产量,编制海洋可再生资源权益资产负债表。基于修正模型以及1988—2015年山东省海洋渔业相关数据,计算山东省海洋捕捞年度最大可持续产量,继而编制2015年山东省海洋渔业捕捞权益资产负债表。结果表明:山东省自1996年起出现捕捞资源超采问题,1997—2001年过度捕捞情况最为严重,2002年后在相关规定实施和资源量大减的双重压力下捕捞量有所降低但超采依旧严重。实例证明,编制海洋资源权益资产负债表可为海洋资源权益交易和综合管理提供依据,具有可行性和重要性。  相似文献   

15.
The rise of organised illegal fishing and trade in abalone from the late 1990s destabilised South Africa’s historically stable, quota-managed fishery, culminating in its closure in 2008. The development of the fishery is described in a historical context, including the evolution of South Africa’s science-based abalone fishery management system. The diverse suite of responses deployed to combat illegal fishing and the black market trade in abalone are reviewed, including;- fishery reform to expand rights to a greater number of previously disadvantaged fishers, a territorial user rights fishery (TURF) system, special compliance operations and courts, the CITES listing of abalone, and the serial reduction in the TAC, culminating in the controversial and legally contested closure of the fishery. The main causes of the rise of the illegal fishery are diagnosed as 1) the massive increase in the abalone price that occurred in the 1990s triggering an abalone fishing “gold-rush” and 2) the failure of the post-Apartheid fishery reform process to accommodate many traditional fishers in a legal fishing rights framework resulting in them operating outside the formal fishery management system. By contextualising the abalone fishery as a complex system, embedded in South Africa’s socio-political setting, we show how the resource focussed fishery management system did not have the capacity to incorporate the powerful social, political and economic drivers determining fisher behaviour. We conclude with the need to revisit South Africa’s abalone fishery management paradigm, and argue that a more integrated governance approach is required that takes into account the biological, socio-political and economic factors determining the fishery activities.  相似文献   

16.
Under what conditions can an aboriginal fishing community keep a commercial fishery closed because of persistent low stock abundance when the federal government insists on opening it to commercial fishing? This paper explores a decades long effort by the Haida Nation to protect local herring stocks on Haida Gwaii through a precautionary approach to commercial fishing, recently resulting in a Federal Court-granted injunction that prevented the Canadian Minister of Fisheries and Oceans from opening a commercial herring fishery on Haida Gwaii in 2015. The successful effort by the Haida Nation to protect herring stocks ultimately required a combination of strategies involving confrontation, negotiation and litigation that occurred across two management scales (local and coast-wide) and two levels of dispute resolution. Strategies were successful as a result of four key factors: (a) ongoing conservation concerns about probable harm to herring populations, (b) the existence of aboriginal rights that raises standards for federal government consultation and accommodation, (c) an existing negotiated co-management agreement between the Haida and Canada about the area where most herring stocks are located, and (d) strategic interactions among local and coast-wide forums where herring closures were debated.  相似文献   

17.
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.  相似文献   

18.
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.  相似文献   

19.
《Marine Policy》2005,29(2):101-106
Military and intelligence gathering activities will likely become more intensive, intrusive, controversial and dangerous. Regarding the regime covering these activities, there is general agreement that the exercise of the freedom of navigation and overflight in and above Exclusive Economic Zones (EEZs) should not interfere with the rights of the coastal State in the EEZ. But there is disagreement regarding interpretations of relevant 1982 UNCLOS provisions, the means to resolve the disagreements, or if there is even a need to do so. Increased dialogue between maritime powers and coastal States is necessary to reach a mutual understanding of key terms with a goal of developing some agreed voluntary guidelines for such activities and the means and manner of implementing them.  相似文献   

20.
It is widely recognized that fishing states are obliged to exercise flag state responsibility over their vessels. In an attempt to become a responsible fishing actor, Taiwan has endeavored to manage its distant water fishing fleet in accordance with international fisheries management. However, the long-standing problems of illegal, unreported and unregulated (IUU) fishing, fish laundering, and fishing overcapacity, which remained unsolved during the 1990s and early 2000s, brought its management capability into doubt. Failure to address these problems undermined the credibility of all management measures and ultimately resulted in a recommendation adopted by International Commission for the Conservation of the Atlantic Tunas (ICCAT) in 2005. This recommendation significantly affected Taiwan's distant water fishing policy. This paper examines how Taiwan assimilated this outside force into its fishing policy as a new response to international fisheries management and how fishers perceived this response. It shows that Taiwan's efforts in controlling distant water fisheries marked a big change, specifically manifest in three noticeable actions - reducing excessive bigeye-targeted efforts, deterring IUU fishing, and strengthening fisheries management. The study advises that management of small tuna vessels be effectively exercised and recommends future actions on providing subsidies for fishers to partially offset costs incurred by rule compliance, streamlining their administrative work, enhancing communication with them, putting more enforcement and meaningful penalties in place. Finally, the study indicates the existence of an interaction in the international fisheries management scheme, potentially favoring Taiwan to bargain for fishing rights and a favorable status in the participation of regional fisheries management organizations (RFMOs) in the future if it continues to exercise effective control of distant water fisheries.  相似文献   

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