The Legal, Ecological, and Economic Landscape for Rights-Based Fishery Management in the United States
- Degree Grantor:
- University of California, Santa Barbara. Environmental Science & Management
- Degree Supervisor:
- Steven D. Gaines
- Place of Publication:
- [Santa Barbara, Calif.]
- Publisher:
- University of California, Santa Barbara
- Creation Date:
- 2012
- Issued Date:
- 2012
- Topics:
- Economics, Environmental, Environmental Law, and Environmental Sciences
- Keywords:
- Ecosystem service tradeoff analysis,
Fishery cooperatives,
Interdisciplinary,
TURFs,
Catch shares, and
Antitrust - Genres:
- Online resources and Dissertations, Academic
- Dissertation:
- Ph.D.--University of California, Santa Barbara, 2012
- Description:
This dissertation considers how law, ecology, and economics interface in the context of rights-based fishery management. The findings are presented in three chapters, each structured as an independent journal article. Each chapter begins with a general overview of the ecological and economic incentives for rights-based fishery management, followed by an in-depth discussion of the particular approach under consideration.
Chapter one focuses on "territorial use rights in fisheries" (TURFs), a spatial, property rights-based fishery management technique. I analyze the viability of instituting TURFs in California state waters under existing law, including the Marine Life Protection Act and the Marine Life Management Act. I conclude that while the policy rationales undergirding existing law and regulation support the idea of TURF management, they do not expressly provide for TURF implementation.
Given that California lacks TURF-specific policy, I consider in chapter two what such a policy might look like and what the effects of that policy might be. To address these questions, my collaborators and I developed an ecosystem service tradeoff analysis model for the southern California red sea urchin fishery. Our model compares the tradeoffs between fish biomass and fishery profit under four management regimes: a fleet model, a TURF system without revenue sharing, a TURF with revenue sharing, and optimal spatial management. We find that a TURF system's performance depends upon the degree of revenue sharing among fishermen. Our goal in this chapter is not to identify the "best" management option for this fishery; rather, we seek to introduce ecosystem service tradeoff analysis to a new audience---the law and policy community---and demonstrate how this tool can help decision-makers gauge the costs and benefits of various regulatory regimes.
The third chapter considers how antitrust law affects the formation and operation of fishery cooperatives. I conducted a synthetic literature review of past research, new case law, and emerging statutory guidance. I conclude that antitrust law continues to exert a chilling effect on fishery cooperatives. Most problematic from both conservation and economic standpoints is the constraint antitrust law places on a cooperative's ability to voluntarily restrict harvest below a governmentally-defined total allowable catch.
- Physical Description:
- 1 online resource (290 pages)
- Format:
- Text
- Collection(s):
- UCSB electronic theses and dissertations
- Other Versions:
- http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqm&rft_dat=xri:pqdiss:3545027
- ARK:
- ark:/48907/f3np22dj
- ISBN:
- 9781267767257
- Catalog System Number:
- 990039147180203776
- Copyright:
- Kristin Carden, 2012
- Rights:
- In Copyright
- Copyright Holder:
- Kristin Carden
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