BARNES, Property Rights and Fisheries - 1 views
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iheringalcoforado on 30 Aug 13FORMS 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.