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• 1. [Article] Challenging ITQs: Legal and Poltical Action in Iceland, Canada and Latin America

  The research for this paper was triggered by a stunning judgement of the Icelandic Supreme Court in December 1998, which declared as unconstitutional existing fisheries laws on individual transferable ...

  Citation × Citation Citation Abstract Copy Title: Challenging ITQs: Legal and Poltical Action in Iceland, Canada and Latin America Author: Copes, Parzival, Palsson, Gisli Year: 2001 The research for this paper was triggered by a stunning judgement of the Icelandic Supreme Court in December 1998, which declared as unconstitutional existing fisheries laws on individual transferable quotas (ITQs), because they privileged those who derived their fishing rights from ownership of vessels during a specific period over which their "fishing history" was established (Pálsson 1999, Copes 1999a, Gudmundsdóttir 1999). In Iceland, as elsewhere, it has been the practice to start up ITQ systems by giving away quotas for free to individuals or companies owning licensed fishing vessels at the time an ITQ regime is introduced. The amount of quota allocated to recipients is usually calculated in relation to their recent catch history. The Court decided that this privileged allocation violates both the constitutional provision against discrimination and the provision concerning the "right to work". This set the stage for intensified legal and political discussions in Iceland about ITQs. There are potential implications for the constitutionality or legality of similar systems elsewhere. The ruling is interesting, in its own right, to legal scholars, anthropologists, political scientists, and investigators concerned with common property regimes and public-trust doctrines. In our paper we explore emerging constitutional and political challenges to ITQ systems in Iceland, Canada and South America. Title: Challenging ITQs: Legal and Poltical Action in Iceland, Canada and Latin America Author: Copes, Parzival, Palsson, Gisli Year: 2001 The research for this paper was triggered by a stunning judgement of the Icelandic Supreme Court in December 1998, which declared as unconstitutional existing fisheries laws on individual transferable quotas (ITQs), because they privileged those who derived their fishing rights from ownership of vessels during a specific period over which their "fishing history" was established (Pálsson 1999, Copes 1999a, Gudmundsdóttir 1999). In Iceland, as elsewhere, it has been the practice to start up ITQ systems by giving away quotas for free to individuals or companies owning licensed fishing vessels at the time an ITQ regime is introduced. The amount of quota allocated to recipients is usually calculated in relation to their recent catch history. The Court decided that this privileged allocation violates both the constitutional provision against discrimination and the provision concerning the "right to work". This set the stage for intensified legal and political discussions in Iceland about ITQs. There are potential implications for the constitutionality or legality of similar systems elsewhere. The ruling is interesting, in its own right, to legal scholars, anthropologists, political scientists, and investigators concerned with common property regimes and public-trust doctrines. In our paper we explore emerging constitutional and political challenges to ITQ systems in Iceland, Canada and South America. Close

• 2. [Article] Use Rights in Fishery Systems

  This paper provides an overview of use rights, that sanction fishers, fisher groups and fishing communities to access and use fishery resources. The paper first reviews the various forms of use rights, ...

  Citation × Citation Citation Abstract Copy Title: Use Rights in Fishery Systems Author: Charles, Anthony T. Year: 2001 This paper provides an overview of use rights, that sanction fishers, fisher groups and fishing communities to access and use fishery resources. The paper first reviews the various forms of use rights, ranging from access rights (territorial use rights and limited entry) to quantitative input (effort) and output (harvest) rights. It then explores the factors impacting on the determination of a desirable portfolio of use rights within specific circumstances. Given that there is no universally optimal arrangement, the choice will depend on such factors as (a) society’s objectives for the fishery, (b) the structure, history and traditions of the fishery, and (c) the relevant ecological, social, cultural and economic environment. Finally, the paper explores two major policy issues concerning use rights, concerning the choice between holding rights at the individual versus collective/group levels, and the choice among institutional arrangements for organizing use rights, specifically marketbased versus strategic planning mechanisms. Title: Use Rights in Fishery Systems Author: Charles, Anthony T. Year: 2001 This paper provides an overview of use rights, that sanction fishers, fisher groups and fishing communities to access and use fishery resources. The paper first reviews the various forms of use rights, ranging from access rights (territorial use rights and limited entry) to quantitative input (effort) and output (harvest) rights. It then explores the factors impacting on the determination of a desirable portfolio of use rights within specific circumstances. Given that there is no universally optimal arrangement, the choice will depend on such factors as (a) society’s objectives for the fishery, (b) the structure, history and traditions of the fishery, and (c) the relevant ecological, social, cultural and economic environment. Finally, the paper explores two major policy issues concerning use rights, concerning the choice between holding rights at the individual versus collective/group levels, and the choice among institutional arrangements for organizing use rights, specifically marketbased versus strategic planning mechanisms. Close

• 3. [Article] Changing Rules for Regulation of Icelandic Fisheries

  The diplomatic corps of Iceland has used much of its time during the third quarter of the 20. century to convince other nations that Icelanders should control and utilise the resources of the waters within ...

  Citation × Citation Citation Abstract Copy Title: Changing Rules for Regulation of Icelandic Fisheries Author: Matthiasson, Thorolfur Year: 2001 The diplomatic corps of Iceland has used much of its time during the third quarter of the 20. century to convince other nations that Icelanders should control and utilise the resources of the waters within 12, then 50 and finally 200 nautical miles around the island. Icelandic politicians have used much of their time and effort during the fourth quarter of the 20. century to debate how to organise the utilisation of the resource and in what way one should distribute the rents from its harvesting. In the paper give a short account of the development of the regulatory reforms in four types of Icelandic fisheries. No one of the reformatory processes can be said to be a replica of the any of the other processes. It seems evident at the face of things that each reformatory process is unique and distinct from the other except for the final outcome, the rule of the ITQs. But that may seem to be to short sighted conclusion. It should be evident from the earliest history of regulatory reforms that the ITQ system was not the intentional outcome. It came to be, eventually. There is a common pattern for all the fisheries, however. First of all: The serious attempts to reform the management practise starts first when the fishery has collapsed or is close to a collapse. Secondly, the first thing that stake holders seem to get done is to close the club that has access to the given fishery. Thirdly, a variety of rules was used to allocate participation rights when the club of participants had been closed. Fourthly, prices were used to manage fisheries in Iceland prior to the invention of the ITQ system. Lastly, management of fisheries by ITQs rather than some form of taxes or fees may have historical rather than logical roots. Title: Changing Rules for Regulation of Icelandic Fisheries Author: Matthiasson, Thorolfur Year: 2001 The diplomatic corps of Iceland has used much of its time during the third quarter of the 20. century to convince other nations that Icelanders should control and utilise the resources of the waters within 12, then 50 and finally 200 nautical miles around the island. Icelandic politicians have used much of their time and effort during the fourth quarter of the 20. century to debate how to organise the utilisation of the resource and in what way one should distribute the rents from its harvesting. In the paper give a short account of the development of the regulatory reforms in four types of Icelandic fisheries. No one of the reformatory processes can be said to be a replica of the any of the other processes. It seems evident at the face of things that each reformatory process is unique and distinct from the other except for the final outcome, the rule of the ITQs. But that may seem to be to short sighted conclusion. It should be evident from the earliest history of regulatory reforms that the ITQ system was not the intentional outcome. It came to be, eventually. There is a common pattern for all the fisheries, however. First of all: The serious attempts to reform the management practise starts first when the fishery has collapsed or is close to a collapse. Secondly, the first thing that stake holders seem to get done is to close the club that has access to the given fishery. Thirdly, a variety of rules was used to allocate participation rights when the club of participants had been closed. Fourthly, prices were used to manage fisheries in Iceland prior to the invention of the ITQ system. Lastly, management of fisheries by ITQs rather than some form of taxes or fees may have historical rather than logical roots. Close