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"Territorial User Rights in Fisheries (TURFs) have spread in Chile, since the late 1990s, in the form of commons institutions. TURFs are presented by some scholars as a social-ecological success; by others as showing economic and compliance problems. Studies looking at the material conditions in which fishers produce and reproduce their livelihoods, and in which TURFs emerge, are scarcer. Ostrom's theory on the commons claims that certain collective action conditions have to be met to become thriving commons institutions. Our hypothesis is that while institutions are moulded by local material conditions, such as geographical location and social embeddedness, these impose challenges and constraints upon fishers influencing TURFs' long-term viability. How are collective action conditions influenced when the new TURFs commons do not emerge in tabula rasa contexts but in occupied spaces? Do material conditions influence TURFs' sustainability? This paper set out to explore these conditions. Huentelauquén's and Guayacán's TURFs (central-northern Chile) were chosen, as they represent two extremes (rural-urban; on private property-on State/municipal property; mainly diver - mainly fisher) contexts in which TURFs have emerged. We mainly used Participatory Rural Approach (PRA) tools triangulated with other qualitative methods. This study shows that both social embeddedness (private/State lands), and geographical location (rural/urban) matter, resulting in different access to the coast for different TURFs, thus determining some important differences between our cases in at least three relevant areas: entrance, social relations between the fishers' organization (entitled the TURFs) and the landowner (private or municipal/State) and the existence or absence of fishing and general infrastructure. Competition for space among key actors seems to affect the process of acquiring a TURF as well as the conditions conductive to collective action. TURFs' assessments s

"To halt degradation of benthic resources in Chile, management areas (MAs) were set up under the Territorial Use Rights in Fisheries (TURFs) framework in the late 1990s. Integrated into the global market, MAs have since expanded along the Chilean coast, involving thousands of small-scale artisanal fishers. This paper analyses how economic criteria relates to social and ecological performance of Chilean MAs, by applying TURFs, commons and co-management theory to two cases: MAs Peñuelas and Chigualoco. To collect and analyse data Participatory Rural Appraisal tools, interviews and official statistics and reports were used. Our results show that MAs' economic benefits are connected to fluctuations on the global market. Adapting to changing world market prices then becomes paramount. TURFs' main goal is ecological conservation, but achieving this seems to depend on meeting fishers' livelihoods; failure to do so likely results in failure to meet conservation objectives. A serious weakness of the Chilean TURFs system is that it does not pay enough attention to fishers' livelihoods or to the global market context. Furthermore, there is a strong relationship between good economic benefits and social sustainability. But irrespective of economic performance, fisher organizations have been empowered and gained increased resource control with the TURFs system. At policy level, a differentiated and more flexible system could be more suitable for existing heterogeneous MAs and their particular economic, social and ecological challenges. For improved economic sustainability and resource conservation, a system with multiple-species managing MAs could be promoted as well. Finally, to enhance theory of commons, co-management and TURFs, we argue for greater acknowledgement of TURFs' social benefits in addition to economic assessments. More attention should also be paid to global market conditions of which MAs are dependent and in which they are embedded: macrostructures tha

Rögnvaldur Hannesson introduz a evolução dos direitos de propriedade tendo como telos o Bem estar Econômico. Em seguida introduz o Direito Internacional dos Mares, e, neste contexto trata dos direitos de propriedades sobre os recursos pesqueiros,destacando os direitos de uso individual tanto do ponto de vista teórico como aplicado (New Zealand, Chile, Norway, and Canada), detendo-se nos ITQs na Islandia(Iceland) pra tratar da controversia em torno da reforma do seu regime e no desenvolvimento dos ITQs nos USA.