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POSTER extraido da Tezina (dissertação) de Victor Hugo Martinez Ballesteros e que será exposto durante a realização da Oficina ITQs, TURFs e Territórios Pesqueiros.

Poster a ser apresentado na Oficina ITQs, TURFs e TERRITÓRIOS DE PESCA, registra a problemática da mariscagem ilegal (furtivismo) na Galicia, o objeto da Tese de Victor Hugo Martinez

Apresentação de Liandra (Valéria de Vinhas e Jutta Gutberlet) na X Encontro da EcoEco - Voitória.

" 1 Introduction THE QUESTION OF 'philosophical foundations' of environmental thinking in law may strike the lawyer, as much as the legal philosopher, asa strange one. For while a search for the philosophical commitments of envi-ronmental thinking undoubtedly makes sense in the context of ethics, or political theory, environmental law (it might be felt) lacks any such philosophicalunderpinning: in the eyes of many professional lawyers, environmental regula-tion manifests itself almost exclusively through an array of statutory provisions,severally concerned with curbing certain negative consequences arising fromparticular spheres of human action. Although these various measures have thecommon purpose of achieving a reduction in the erosion of our quality of life,there is not (on this view) to be found any deeper rationale or overarchingprinciple beyond this purely instrumental concern with human wellbeing. Legalregulation of the environment is, therefore, largely a set of facts to be learnedabout the way the law deals with environmental issues. Particular statutoryprovisions and judicial decisions will, of course, raise some quite interestingquestions of interpretation or application, but such questions, it is felt, areresolved within the ordinary standards and criteria which influence legal argu-ment, and do not require deeper philosophical explication.Much of the intuitive appeal of this view derives from a related, though some-times implicit, claim about the nature of environmental law. Environmentallaw, it is sometimes said, is not in the strictest sense a distinctive area of the lawat all, but merely a convenient umbrella term for the collection of particularlegal provisions which are relevant to environmental protection. There may bemany reasons why it is useful and informative to group a set of legal provisionsin a certain way, but (we might say) the underlying motivation for so doing willalways be pedagogic rather than reflective of some penetrati

FORMS OF PROPERTY IN RIGHTS-BASED FISHERIES MANAGEMENT SYSTEMS Management measures may be classed as input and output controls.Input controls regulate fishing effort. Output controls directly controlcatch amounts. Input controls such as licensing may create limited prop-erty rights, although more sophisticated output control mechanismshave been adopted by a number of countries. These include territorialuse rights in fisheries (TURFS), stock use rights in fisheries (SURFS), andcommunity development quotas (CDQs). Increasingly common are quota based systems, such as the individual quota (IQ), the individual fishingquota (IFQ), individual vessel quotas (IVQ), the individual transferableshare quota (ITSQ), and the individual transferable quota (ITQ). Each of these approaches shall be considered in turn. DOMESTIC IMPLEMENTATION OF PROPERTY RIGHTS-BASED MANAGEMENT SYSTEMS A number of States have implemented, in varying degrees, rights-basedfishing entitlements. These include Australia, Canada, Iceland, NewZealand, and the United States. The domestic implementation and sta-tus of these measures is considered for each country in turn. AN APPRAISAL OF RIGHTS-BASED MEASURES In light of domestic experiences of property rights-based instruments it isappropriate to remark upon the success of quota systems to date. Quotas systems have attracted critical comment in three broad areas: economic success, conservation and management effectiveness, and allocationalconcerns. At this point it is worth emphasising that because legal reason-ing is consequence sensitive, these factors have a role to play in the law-making process. These are considered in turn, before some final remarksare made on how the legal construction of property rights more generally has influenced the development and operation of rights-based fishing measures.