What Sorts of Rights Systems are Available for the Fisheries & Aquaculture Sectors?

Transcription

1 1 of 21 What Sorts of Rights Systems are Available for the Fisheries & Aquaculture Sectors?

2 2 of 21 What Sorts of Rights Systems are Available for the Fisheries & Aquaculture Sectors? By Rebecca Metzner, Fishery Officer, Policy and Economics Division of the FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Related resources: See the Training Path Policy Learning Programme 2009 for other related resources. Download the Programme Summary for background information and the Overview of the Programme Modules and Sessions for a complete list of resources developed for the Policy Learning Programme FAO Policy Learning Website: About EASYPol The EASYPol home page is available at: EASYPol is a multilingual repository of freely downloadable resources for policy making in agriculture, rural development and food security. The resources are the results of research and field work by policy experts at FAO. The site is maintained by FAO s Policy Assistance Support Service, Policy and Programme Development Support Division, FAO.

3 3 of 21 Introduction Maybe it is not property rights per se that people find so problematic, but the particular kind of property rights that are promulgated. S. Jentoft, 2007

4 4 of 21 Objective To provide an overview of the variety of rights- / tenurebased management systems used in the fisheries & aquaculture sectors Types of rights- / tenure- based fisheries management systems Examples of such systems Advantages and disadvantages

5 5 of 21 Types of rights-based fisheries management systems... No one-size fits all... Commercial fisheries Small-scale fisheries Recreational fisheries Indigenous fisheries and Aquaculture sector

6 6 of 21 Types of rights-based fisheries management systems... No one-size fits all... Area-based programs Group-based programs Either group- or individual-based programs Individual-based programs

7 7 of 21 Types of rights-based fisheries management systems... No one-size fits all... Area-based programs! Customary marine tenure! Customary fishing rights areas! Territorial use right fisheries (TURFs)! Management & Exploitation Areas of Benthic Resources (MEAs)! Stock use rights in fishing (SURFs) Group-based programs! Community development quotas (CDQs)! Harvester cooperatives Either group or individual programs! Limited Access / Designated Access Privilege Programs (LAPPs, DAPPs, Catch Shares) Individual-based programs! Individual quotas (IQs)! Individual Effort Quotas (IEQs)! Individual fishing quotas (IFQs)! Individual transferable quotas (ITQs)

8 8 of 21 Typology Types of rights-based fisheries management systems... No one-size fits all...

9 9 of 21 Types of rights-based fisheries management systems......but there are common elements Participation Transferability Theoretical Perfection Authority Rules Security Tenure of Responsibilities Permanence Duration Users Rights Enforceability Exclusivity Real life is messy!

10 10 of 21 Types of rights-based fisheries management systems... Let s pause here for a moment When you think about the sectors in which you work, what sorts of parallels do you find?! Are there issues about who may participate, have rights?! Are there concerns about rules and if they will change?! What sort of tenure do people have? How permanent are their rights?

11 11 of 21 Examples of rights-based fisheries management systems... Area and/or Group-based programs Community development quotas Alaska, USA! rights to harvest fish given to organized villages of native Americans! corporations decide on who uses the rights, terms for use Customary fishing areas New Zealand! iwi and hapü groups must decide who has tangata whenua (indigenous Maori) status over a fishery. Such customary status can be shared by a number of groups.! Groups choose people to act as guardians for the area and the guardians are then formally appointed by the Minister of Fisheries to apply rules for customary use.! Guardians can issue anyone a permit to catch fish in their area for customary use, must report these catches to the Ministry of Fisheries.

12 12 of 21 Examples of rights-based fisheries management systems... Area and/or Group-based programs - continued Mexico Lobster fisheries Thailand Phang Nha Bay community Fiji - Customary Fishing Rights Areas ( goligoli ) Vanuatu! rules of custom form the basis of ownership and use of land and have been reinforced in the 1989 Vanuatu Fisheries Act Chile! Marine Exploitation Areas (MEAS) = up to 100 hectares of sea bottom for 2 year periods. Lake Victoria work in progress! Beach Management Units - defined by location and membership! Lake-wide fisheries regulations

13 13 of 21 Examples of rights-based fisheries management systems... Individual-based programs (examples)! Abalone! Scallops! Rock lobster! Prawns, shrimp! Sardines! Wreckfish! Halibut! Hake

14 14 of 21 Advantages and disadvantages... The positive aspects Creation of community Creation of a sense of asset Creation of sense of collaborative stewardship Creation of sense of opportunity

15 15 of 21 Advantages and disadvantages... The difficult parts of any management system Practical issues to be addressed limiting access, defining participants/allocations, exit/entry/ newcomers Design and implementation legitimacy, social acceptability Political balances of power Incomes maintaining the status quo Jobs diversification, alternatives Biological & commercial issues

16 16 of 21 Returning to the objective: providing an overview... this does NOT mean one program of rights fits all fisheries. The ways and extent to which fishing rights can be useful -- be they individual, stakeholder or community-based fishing rights -- will depend on the setting in which they are applied and on the design of the rights system. Nomura, 2006

17 17 of 21 Ongoing and future work Support for developing and implementing action plans for the management of fishing capacity under the International Plan of Action for the Management of Fishing Capacity (IPOA-Capacity) Country projects with tenure components or implications (e.g. Lake Victoria, the Ganga-Brahmaputra Basin, Sierra Leone) Role of rights in a global programme for small-scale fisheries to! increase the contribution of small-scale fisheries and aquaculture to poverty alleviation and food security! ensure sustainable production for optimal societal benefits Voluntary guidelines on governance of tenure of land and other natural resources

18 18 of 21 Further readings FAO Fisheries Technical Paper 404/1: Use of Property Rights in Fisheries Management ftp://ftp.fao.org/docrep/fao/009/x7579e/x7579e00.pdf FAO/FishCode Review No 7: Creating legal space for communitybased fisheries and customary marine tenure... ftp://ftp.fao.org/docrep/fao/007/ad937e/ad937e00.pdf FAO Fisheries Circular 869: A Guide to the literature on traditional community-based fishery management in the Asia- Pacific Tropics ftp://ftp.fao.org/docrep/fao/010/t3233e/t3233e.pdf FAO Securing Sustainable Small-scale Fisheries: SARD and Rural Property Rights ftp://ftp.fao.org/sd/sda/sdar/sard/sard-rural-propertyrights%20-%20english.pdf.

19 19 of 21 Links to related subjects Empowerment does not come from titling alone, and titling does not ensure the capacity to benefit from forest fisheries resources, but requires a lot of additional support. Very often tenure reforms, such as privatization, titling and restitution or redistribution of land user rights in fisheries, are not adequately implemented and remain unclear and unknown to most of the potential beneficiaries because of a weak supporting environment. Inevitably, this creates insecurity, mistrust and conflict, increases the fragility of tenure and reduces the interest in proper forest fisheries management.

20 20 of 21 Links to related websites Property rights and fisheries management do?dom=topic&fid=13335&lang=en Fisheries governance Governance of aquaculture Governance of capture fisheries

21 21 of 21 Seafood Services Australia