Policy and culture: The bristol bay case

Abstract

This paper deals with the difficulties of implementing legislation in non‐Western social and cultural contexts. The author presents an abbreviated case study of Alaska's effort to increase the economic returns of resident fishermen by restricting entry into state‐controlled fisheries. This paper examines how the implicit objectives of Alaska's Limited Entry Act of 1973 were effectively obstructed by the regulatory policy and by the implementation process. The paper focuses on the impact of this policy on Native Americans of Bristol Bay, Alaska, the site of the largest commercial fishery in Alaska and the world's largest salmon runs. Presented are some of the reasons several hundred natives were ultimately excluded from participating in the local commercial fishery.     

Regional fishery management councils: The federal perspective

Abstract

Under the Magnuson Fishery Conservation and Management Act of 1976, the federal government cooperates with states, the fishing industry, and public constituencies to regulate fisheries. This paper notes changes in U.S. fisheries over the last decade, remarks on the effectiveness of the Act, and makes suggestions for an improved fishery management process.     

Sustainability Challenges in the Geoduck Clam Fishery of British Columbia: Policy Perspectives

The geoduck clam fishery, worth approximately CDN $40 million ¹ US $ equivalence: 35 million (Bank of Canada exchange rate on February 1, 2006). in annual landed value, is British Columbia's most valuable invertebrate fishery. This fishery has been co-managed by the Department of Fisheries and Oceans (DFO) and the Underwater Harvesters Association (UHA) since 1989. Earlier input control measures such as effort regulation, seasonal closures, and licenses failed to work effectively for more than ten years, resulting in excess fishing capacity, over harvesting, poor economic returns, and unsafe fishing practices. Output control measures such as the individual vessel quota system (IVQ) have, to some extent, proven successful in improving revenues, controlling excess fishing capacity, gaining compliance with regulations, and involving fishers in the joint decision-making processes. However, there are public concerns about a common property resource at risk of being dominated by a few UHA license holders. Additionally, there are concerns about the job losses resulting from IVQ implementation, as well as distribution and equity issues. This article traces and examines the policy context for fisheries management in the British Columbia (BC) geoduck fishery, discusses the major concerns surrounding the exploitation of long lived Methuselah's clams and concludes with areas for further research in sustaining this lucrative fishery.     

Public law litigation and marine affairs: The boldt decision

Abstract

The management and conservation of the marine environment and its natural resources are increasingly understood to be issues of public policy with consequences for society at large. On a variety of dramatic occasions over the last decades, the federal judiciary has departed from its traditionally passive role in the shaping of social policy. This paper examines a critical marine controversy, the Boldt Decision (U.S. v. Washington 1974), to illustrate and evaluate nontraditional judicial behavior. The first two sections introduce Indian‐United States treaties concerning Pacific Northwest salmon resources, and the unfolding of the Boldt Decision. A third section argues that a “public law”; model of litigation fits the legal events of the Boldt Decision. A fourth section addresses the competence of the Boldt court as it is manifest in judicial organization, analysis, and implementation. A final section comments on the potential for public law litigation elsewhere in the governing of marine affairs.     

Spatial aspects of shoreline management in Puget sound reconsidered

Abstract

Shoreline management in the state of Washington attempts to provide opportunities for both urban and rural interests to express themselves. Local governments have wide latitude in determining the spatial patterns which they deem desirable. The state provides general guidelines to insure that local governments adhere to the policy of the act. On shores designated as shores of state‐wide significance the state has reserved the right to protect state interests over local interests. Since the Washington State Shoreline Management Act generally covers only 200 ft inland from the ordinary high tide line, and each local government develops its own management program, it is doubtful that nodal or spread development on a regional level in Puget Sound can be meaningfully addressed under its provisions. There may, however, be evidence of nucleation or spread patterns at the local level.     

Legal battles on the California coast: A review of the rules

Abstract

Notions of private property have both legal and political importance. In California, as elsewhere in the United States, these ideas are changing. The rate and direction of this evolution is not different on the coast. But the intense heat generated by competing coastal interests does tend to illuminate these issues more clearly on the coast. The full range of these issues has been raised in California, where an historic attempt is now being made to plan and manage the use of coastal resources. In January 1976 the California Legislature will be presented with a coastal plan which promises to inflame the passions of traditional property rights advocates and environmental zealots alike. Much of the rhetoric surrounding this political struggle is already being couched in legal terms. In an effort to delineate a few of the genuine legal issues raised in this planning process, this article summarizes the law of California which is relevant in defining the permitted scope of public regulatory power over private land use.     

Regional fishery management councils and the display of scientific authority

Abstract

Natural resource management entities such as the Regional Fishery Management Councils established by the Magnuson Fishery Conservation and Management Act of 1976 depend heavily on science to inform policymakers and to legitimate the policy process. This paper discusses the importance of fishery science to the council system, contrasts the functions of Scientific and Statistical Committees (SSCs) serving the Pacific Fishery Management Council and the New England Fishery Management Council, and remarks on the implications of differences in the display of scientific authority by these SSCs.     

Environmental quality within an interorganizational matrix: A case study of the SOHIO project

Abstract

Urban coastal management is now part of a large, complex set of regional, state, and federal interorganizational arrangements. This emerging matrix consists of a loosely linked set of nearly independent decision points. Cities have little capacity within this matrix for independent action. Recent experience in the SOHIO project by the City and Port of Long Beach, California, illustrates the point to which external agencies have taken over decision‐making for use of coastal resources. Public bodies removed from city affairs and politics and with interests in other than coastal affairs have become dominant and have overridden local policy‐making. The public costs to citizens and local governments of the emerging interorganizational matrix are very high and may be excessive. As it is emerging, the matrix is a semi‐autonomous set of bureaucratic decision points which is unhinged from community values and regular political infrastructures.     

Predicting Stakeholder Support for Fishery Policies

Fisheries management has been used to address declining fisheries and threats to livelihood and food security. Past research suggests that public support for fishery policies is a necessary component for sustaining the long-term success of fisheries management. This study predicted public support by examining fishers’ perspectives on co-management and fish catch since the establishment of marine protected areas (MPAs), a commonly employed fisheries management tool. Data were obtained from onsite surveys (n = 505) with fishers from three municipalities in Cebu, Philippines: Oslob, Santander, and Samboan. Structural path analyses revealed that beliefs about co-management and fish catch predicted support for fishery policies (R² = 59%). Separate path analyses for each municipality showed that co-management had greater influence in predicting public support for fishery policies in Oslob and Santander. Fish catch was a better predictor for public support for fishery policies in Samboan. Results can help local governments, non-governmental organizations, and fishery managers to prioritize, plan, and improve fisheries management in municipal waters.     

Managing community acceptance of major industrial projects

Abstract

In some cases, the major risk encountered by an industry seeking to site a facility is that of community acceptance. Without community acceptance of a proposed project, construction can be delayed, taxes can be prohibitive, and operations can be prevented through the opposition and influence of local groups. This paper describes the community acceptance risk, the traditional industrial approach to countering local opposition, and a positive approach to achieving community acceptance. This positive approach entails careful site selection; affirmative management of the community acceptance problem, including explicit planning of the community acceptance effort, assignment of staff with specific responsibilities to implement plans, and a budget for mitigating the impacts of the project on the community; acquisition of sufficient land to buffer unavoidable impacts of the project; a carefully formed corporate policy on the public release of information concerning the project; and constructive participation in state and local government policy development.     

Implementation Challenges for Quota Set-Asides: Policy Analysis to Inform Fisheries Management Decision-Making

Abstract

The implementation of catch share programs can have socio-economic and ecological benefits, yet may also change the distribution of those benefits within a fishery or across communities. Quota set-asides can mitigate the impacts of these changes. During the implementation of the West Coast groundfish trawl catch share program, 10% of the quota was set aside to be used toward five goals in the Adaptive Management Program (AMP). This quota was to serve as an insurance policy during the substantial changes that were expected to occur under the new management regime. However, this program has not yet been fully developed, in part due to delayed decision-making and the controversial nature of allocating quota. Here, we examine and score six policy options for the AMP against four criteria: effectiveness, flexibility, political viability, and implementability. While each of the options has strengths and weaknesses, those that ranked highly include allocating quota pounds (QP) via the status quo and via auction. Our results highlight the drawbacks of delaying contentious decisions, where uncertainty for participants can constrain operational decisions and subsequent economic gains. We demonstrate the utility of this decision-making framework for evaluating tradeoffs between alternatives, especially for a program with multiple, competing objectives.     

Duplin river estuarine sanctuary—a description

Abstract

The Duplin River Estuarine Sanctuary was dedicated by Governor George Busbee of Georgia in December 1976. The sanctuary includes the entire Duplin river, related wetlands, and much of the contributing uplands, which extend over 7500 acres. Much of the upland lies on Sapelo Island, neighboring a state wildlife management area, a state natural area, and a community of black families that have lived and worked on the island for many generations. The sanctuary was acquired, in part, with funds from the National Oceanic and Atmospheric Administration, and will be managed for research and educational purposes. The management policy will be designed to avoid artificial or manipulative management control, to protect natural processes and systems, and to promote attainment of scientific objectives.     

Local Level Fisheries Management in Diani-Chale,Kenya: Current Status and Future Directions

The current regime of fisheries management and the prospects for attaining a more locally oriented, collaborative system of fisheries management in Diani-Chale, Kenya are examined. At present fisheries management in Diani-Chale is characterized by diminished government capacity for regulation, weakened local institutions, and little ability to exert control over the use of fisheries. Local level management requires the development and use of local institutions that can govern the use of fishery resources. The fish landing sites used by fishers and their associated fishing grounds were identified to be at the appropriate level for resolving fishery management issues. A more formal role for these entities, the clarification of fishing ground tenure and access rights, and support for the development and enforcement of local fishing rules can further local management. The socioeconomic condition of fishers, their fear of losing landing sites, and the continued perception of the imposition of a marine reserve pose barriers to initiatives seeking to further local level management.     

Public access to the shoreline: The Rhode Island example

Abstract

Competition for the use of our nation's shoreline has produced a thorough analysis of means to accommodate the increased demands of the public for access to the shore. The issue of public access in Rhode Island is considered at three levels. First, Rhode Island cases involving common law doctrines, such as the public trust, dedication, and so forth, are examined for their relevance. Second, the effect of the federal government in Rhode Island through the Coastal Zone Management Act and its amendments is studied. Finally, two types of state management programs are considered—a Commission for the Discovery of Rights of Way and the Coastal Resources Management Council.     

On a clear day in Ogunquit,Maine

Abstract

Winning a court case against a federal agency may seem to be the sweetest success for an environmental group, but losing litigation is not total failure. In the case of Ogunquit Village Corporation et al., vs. R. M. Davis the plaintiff lost the legal skirmish against the Soil Conservation Service, but in doing so significantly aided the struggle within the agency to implement more environmentally sensitive planning and engineering procedures. This paper describes the court case in terms of the Soil Conservation Service's procedural and policy responses including the agency's modus operandi and the internal paths/pitfalls involved with the implementation of visual resource management. The author also speculates as to the visual resource understanding of the evidence presented by the plaintiff and a possible but unstated visual basis for the original complaint.     

The Decline of the Artisanal Fisheries in Mediterranean Coastal Areas: The Case of Cap de Creus (Cape Creus)

This article examines the sociocultural, economic, and environmental causes of the decline of the artisanal fisheries in the rocky coast of Cape Creus (NW Mediterranean) over the past decades. The changes that have occurred over time have favored trawlers, purse-seiners, shellfish fisheries, and tourism activities, to the detriment of artisanal fisheries. This article shows that the establishment of a marine reserve in 1998 could not reverse the observed decline in the artisanal fisheries. This raises the necessity of implementing a fishery management plan integrated into a coastal management plan, which should accompany the habitat protection. These plans could assist in the maintenance and the sustainable development of the artisanal fishing sector in Cape Creus as well as in other Mediterranean coastal areas where artisanal fisheries are also declining.     

The Quiet Revolution in Visual Resource Management: A view from the coast

Abstract

This introductory piece traces the growth of knowledge and activity associated with visual resource management in general. A specific framework of questions regarding methods of coastal zone visual resource management is presented. The state‐of‐the‐art in methodological studies is listed for each question, and the methodological questions are related to the major articles with the special issue of the Coastal Zone Management Journal. Major legal federal statutes, state statutes, and court cases are reviewed in light of visual resource management in the coastal zone. The remaining articles within the special issue that deal with integration of VRM into decision‐making are then arrayed against a management framework. This framework includes regulatory situations for (1) public land management and planning, (2) public projects involving private lands, and (3) public regulation of private projects.     

Ground-truthing social vulnerability indices of Alaska fishing communities

Abstract

Community vulnerability is increasingly evaluated through quantitative social indices, typically developed using secondary data sources rather than primary data collection. It is necessary to understand the validity of these indices if they will be used to inform policy and decision making. This paper presents a ground-truthing effort to validate quantitative indices that characterize the well-being of Alaska fishing communities. We utilized ethnographic data collected from 13 representative communities and a capital assets framework to ground-truth the indices, in which qualitative ranks of vulnerability were compared against quantitative indices. The majority (73.8%) of ranks were in complete or moderate agreement and the results indicate that most of the indices are representative of community vulnerability; yet some variables utilized to create the indices could be modified to better reflect realities in Alaska. Indices of commercial fishery engagement and reliance appeared to be more reliable than socio-economic indicators, particularly for smaller fishing communities. We also confirmed that the indices do not capture political, or ecological factors that affect levels of community vulnerability. We conclude that quantitative indices of community vulnerability are useful rapid assessment tools; however, they should be validated, and complemented with ethnographic data prior to their implementation as policy making and management tools.     

Adapting to Catch Shares: Perspectives of West Coast Groundfish Trawl Participants

Abstract

Catch share programs are used in fisheries management to meet goals such as species recovery, overcapacity reduction, and economic efficiency. Anticipated impacts include fleet consolidation, infrastructure reduction, and social disruption within communities. The Pacific Coast Groundfish Fishery Social Study (PCGFSS) aims to understand social changes related to the recently implemented West Coast Groundfish Trawl Catch Share Program. In this article, we use a subset of PCGFSS data to explore the ways remaining fishery participants have thus far adapted to catch shares. While some vessels have left the fishery, we found that many participants are adapting to this catch shares program despite challenges. Quota leasing strategies, fishery diversification, gear innovation, and community quota funds are some of the tools participants are using to continue operating under the catch shares program. These early challenges and adaptations to the catch share program are worthy of continued tracking, as researchers, managers, and fishing communities, would benefit by considering first-hand perspectives of the on-the-ground realities of harvesting groundfish in the rationalized fishery.     

Conservation and development in Oregon's coastal zone

Abstract

Coastal zone management in Oregon is based on the state's general land‐use law. This body of law is designed to deal with population increase, urbanization, and preservation of agricultural land, as well as with other problems throughout the state. Early planning and policy recommendations for the coast were in the hands of a commission having predominantly local membership. This commission produced an extensive series of studies, policies, and recommendations which were assembled as a proposed management tool for natural resources. Staff of the commission was then absorbed into the state land‐management agency, which developed final goals and guidelines for compliance with the Coastal Zone Management Act. Adoption of the coastal goals in December 1976 has triggered deadlines for local government compliance within the coastal zone. The management program is now undergoing federal review.