Fishery Management, Excludability and Biodiversity

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Presentation transcript:

SLS/BIICL Symposium on the Law of the Sea 22-23 March 2005 Dr Richard Barnes ‘The Future of Fishing’

Fishery Management, Excludability and Biodiversity

Tragedy of the Commons and Fisheries Regulation The Problem of Open Access The Solution? Privatisation or Communal Ownership Excludability Limits on Excludability Physical Legal constraints in the ‘public interest’

International Fisheries Law 1982 Convention Part V: Stewardship of Living Resources? Compliance Agreement Fish Stocks Agreement Convention on Biological Diversity Non Binding Instruments Public Responsibilities: Sustainable Fishing – Biodiversity - Precaution

Private Property-Based Rights Property - Sticks in a Bundle The ITQ - What Rights? Excludability and transferability Not management. Limited Duration. Can it satisfy the Public Requirements of Fishing?