Alexandria Digital Research Library

The Legal, Ecological, and Economic Landscape for Rights-Based Fishery Management in the United States

Author:
Carden, Kristin Nicole
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
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
ARK:
ark:/48907/f3np22dj
ISBN:
9781267767257
Catalog System Number:
990039147180203776
Rights:
Inc.icon only.dark In Copyright
Copyright Holder:
Kristin Carden
Access: This item is restricted to on-campus access only. Please check our FAQs or contact UCSB Library staff if you need additional assistance.