spatial conflicts in new zealand fisheries: the rights of fishers and protection of the marine...
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Spatial Conflicts in New Zealand Fisheries: The Rights of Fishers and
Protection of the Marine Environment
Spatial Conflicts in New Zealand Fisheries: The Rights of Fishers and
Protection of the Marine Environment
Randall Bess, Ramana RallapudiRandall Bess, Ramana Rallapudi
Marine Policy 31 (2007) 719–729Marine Policy 31 (2007) 719–729
AdviserAdviser :: Hsueh – Jung LuHsueh – Jung Lu P. H. HoP. H. HoAdviseeAdvisee :: Yu - Sheng Yu - Sheng HsiehyHsiehy
M96310016M96310016
AdviserAdviser :: Hsueh – Jung LuHsueh – Jung Lu P. H. HoP. H. HoAdviseeAdvisee :: Yu - Sheng Yu - Sheng HsiehyHsiehy
M96310016M96310016
OutlineOutline
Introduction Spatial conflicts—a worldwide problem Legislative obligations The causes of spatial conflicts Solutions to spatial conflicts Conclusion
Introduction Spatial conflicts—a worldwide problem Legislative obligations The causes of spatial conflicts Solutions to spatial conflicts Conclusion
QQuota uota MManagement anagement
SSystem ystem (QMS)(QMS)
QQuota uota MManagement anagement
SSystem ystem (QMS)(QMS)
IIndividual ndividual TTransferable ransferable
QQuota uota (ITQ) (ITQ)
IIndividual ndividual TTransferable ransferable
QQuota uota (ITQ) (ITQ)
QuotaQuota MManagementanagement
AArea rea (QMA) (QMA)
QuotaQuota MManagementanagement
AArea rea (QMA) (QMA)
New Zealand's fisheries management systemNew Zealand's fisheries management system
1.Introduction1.Introduction
Spatial Conflicts
Recreational Recreational FishingFishing
MMarine arine PProtected rotected
AArea rea (MPA)(MPA)
CCustomary ustomary FFishingishing
CCommercial ommercial FFishingishing
LegislativeLegislative
2.Spatial conflicts—a worldwide problem2.Spatial conflicts—a worldwide problem
Fishery Resources Scarce Fishery Resources Scarce
MPA Designation MPA Designation
A Global System of Representative MPAs A Global System of
Representative MPAs
The public is placing higher value on marine biodiversity and complexity of marine communities .
Marine(100%)MPA < 0.5%
MPA(no-take) < 0.01%
The World Conservation Union recommends the establishment of a global system of representative MPAs with 20–30% of each habitat type designated as no-take MPAs.
Large no-take MPAs
As Sanchirico and Wilen observe, whether or not valid from a legal point of view, large no-take MPAs are regarded by fishers as a potential ‘taking’ action, similar to other arenas in which government institutions expropriate ‘property’.
The lack of such an MPA policy framework in other nations, such as New Zealand, increases the difficulty government agencies have in explaining how the effects of establishing MPAs are addressed satisfactorily, even though they have successfully met relevant legislative criteria.
Oceans Policy
New Zealand, like several other coastal nations, is developing such a framework, referred to as the Oceans Policy, which may resolve spatial conflicts and ensure a balance between protecting the marine environment and deriving the greatest possible benefits from resource use.
Lack of MPA Policy
Large no-take MPAs
Lack of MPA Policy
Oceans Policy
3.Legislative obligations3.Legislative obligations
Commercial fishing rightsCommercial fishing rightsCommercial fishing rightsCommercial fishing rights ITQ TACCITQ TACCITQ TACCITQ TACC
‘ ‘Fishing for food or fun’ Fishing for food or fun’ ‘‘Birthright for all’Birthright for all’
‘ ‘Fishing for food or fun’ Fishing for food or fun’ ‘‘Birthright for all’Birthright for all’
Taiapure-local fisheriesTaiapure-local fisheriesMataitai reservesMataitai reserves
Taiapure-local fisheriesTaiapure-local fisheriesMataitai reservesMataitai reserves
SMEEFSMEEFSMEEFSMEEF
Recreational fishing rightsRecreational fishing rightsRecreational fishing rightsRecreational fishing rights
Customary fishing rightsCustomary fishing rightsCustomary fishing rightsCustomary fishing rights
Protection of the Protection of the marine environmentmarine environmentProtection of the Protection of the
marine environmentmarine environment
avoid, remedy or mitigate the adverse effects of fishing
4.The causes of spatial conflictsSpatial conflicts intensify when competing uses of
fisheries resources and varied levels of protection for the same area are recognized in legislation
An ITQ holder’s right is defined as a proportional quantity of a fishstock
The ITQ right does not provide exclusive access to the QMA, as recreational and customary fishers can also access the area
Mataitai reserves exclude commercial fishingGovernment’s no-take policy, marine reserves exclude
all fishing activitiesMarine farming provides the right to establish structur
es and occupy coastal space ITQ holders generally consider their rights have been
continually eroded
Spatial conflicts intensify when competing uses of fisheries resources and varied levels of protection for the same area are recognized in legislation
An ITQ holder’s right is defined as a proportional quantity of a fishstock
The ITQ right does not provide exclusive access to the QMA, as recreational and customary fishers can also access the area
Mataitai reserves exclude commercial fishingGovernment’s no-take policy, marine reserves exclude
all fishing activitiesMarine farming provides the right to establish structur
es and occupy coastal space ITQ holders generally consider their rights have been
continually eroded
Cumulative effects
Marine Reserves
Customary Fishing areas
Competition with
Marine Farming
5.5.Solutions to Solutions to SSpatial patial CConflictsonflicts
Fisheries Plans
MPA Policy and
Implementation Plan
New marine reserve
legislationOceans policy Compensation
5.1 Fisheries plans 5.1 Fisheries plans
Fishery informationFishery information
socialsocial
economiceconomic
culturalcultural
biologicalbiological
OObjectivesbjectivesClear Measurable
Contingency Contingency plansplans
AAchieve the chieve the oobjbjectivesectives
Performance Performance measures and measures and
monitoring and review monitoring and review systemssystems
Specification of regulatory
measures and services
Variations in circumstances
Known risks
2.MPA Policy and implementation plan2.MPA Policy and implementation planThe MPA Policy is the first step in shifting the focus
for establishing marine reserves from setting aside areas for scientific study to biodiversity protection .
Because the MPA Policy does not have legislative status, it cannot supersede existing rights recognised in legislation.
For this reason, the MPA Policy cannot be used to make allocation decisions on the use of the marine environment.
However, the value of the MPA Policy depends largely on the willingness of people to defer taking action on their right to apply for particular spatial tools until the planning process has occurred for a given area.
The MPA Policy is the first step in shifting the focus for establishing marine reserves from setting aside areas for scientific study to biodiversity protection .
Because the MPA Policy does not have legislative status, it cannot supersede existing rights recognised in legislation.
For this reason, the MPA Policy cannot be used to make allocation decisions on the use of the marine environment.
However, the value of the MPA Policy depends largely on the willingness of people to defer taking action on their right to apply for particular spatial tools until the planning process has occurred for a given area.
amending the purpose of establishing marine reserves from setting aside areas for scientific study to protecting marine biodiversity,
establishing marine reserves within the EEZ,
expanding the criteria for assessing effects on user groups,
providing explicit recognition of customary fishing rights and consideration of cultural traditions in the area,
removing the provision under the 1971 Act that gives the Minister of Conservation discretion to allow for limited fishing, and
removing the concurrence role for the Ministers of Fisheries and Transport.
many Maori and commercial fishers preferring the Bill retain the concurrence role of the Minister of Fisheries to better ensure their rights are upheld,
Maori wanting the Bill to be amended to provide for their input and participation, as opposed to the Bill’s stated obligation to consult with them, and
commercial fishers objecting to the Bill’s emphasis solely on establishing marine reserves, preferring greater consideration be given to the regulatory measures available under the 1996 Act when developing the MPA network
3.New marine reserve legislation 3.New marine reserve legislation
issues raisethe Bill include
4.Oceans policy 4.Oceans policy
Government has agreedGovernment has agreedDevelopDevelop
Oceans PolicyOceans Policy
includeinclude
PolicyPolicy
UUpholdingpholding individual rightsindividual rights
RRisksisks
LLegislativeegislative
AA draft discussion document is draft discussion document is expected to be released in 2007expected to be released in 2007
5.Compensation 5.Compensation
Maintaining a balance between competing rights to utilise fisheries resources and legislative obligations to protect the marine environment could be facilitated by provisions that allow compensation to be paid to affected parties.
The sole legal challenge regarding the effect that establishment of a marine reserve had on commercial fishers was dismissed
Maintaining a balance between competing rights to utilise fisheries resources and legislative obligations to protect the marine environment could be facilitated by provisions that allow compensation to be paid to affected parties.
The sole legal challenge regarding the effect that establishment of a marine reserve had on commercial fishers was dismissed
6.Conclusion
Like other coastal nations, New Zealand uses a range of legislative obligations for utilising fisheries resources and protecting the marine environment, some of which are inconsistent and result in spatial conflicts between competing rights.
Fishing rights and protect the marine environment cannot be satisfaction
Development fisheries plans and MPA Policy increase awareness of each other’s right to fish
Oceans Policy is to address fishing rights and protect the marine environment
The question remains
Like other coastal nations, New Zealand uses a range of legislative obligations for utilising fisheries resources and protecting the marine environment, some of which are inconsistent and result in spatial conflicts between competing rights.
Fishing rights and protect the marine environment cannot be satisfaction
Development fisheries plans and MPA Policy increase awareness of each other’s right to fish
Oceans Policy is to address fishing rights and protect the marine environment
The question remains
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