Fisheries Governance Affecting Conservation Outcomes in the United States and European Union

Abstract

Fisheries management in the USA, as governed by the Magnuson–Stevens Fishery Conservation and Management Act (MSA), has been decidedly more successful at meeting its conservation goals than has fisheries management in the EU, as governed by the Common Fisheries Policy (CFP). In an effort to explain the different outcomes in these two systems that share many management attributes, we evaluated them against a list of effective governance attributes gleaned from the literature. We also examined the distribution of rights and responsibilities within each system, and the resulting stewardship incentives. Five effective governance attributes are fully realized under the MSA but have historically been absent from the CFP system: adequate regulatory authority, effective enforcement mechanisms, science-based decision-making, conservation-oriented goals and clear objectives, and directives. These governance system gaps, along with uneven distributions of rights, responsibilities, and incentives, may be responsible for the observed difference in conservation outcomes.     

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.     

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.     

Preface and Acknowledgments

Abstract

The term “mitigation”; has been used in connection with habitat losses attributable to federal water projects as early as the Rivers and Harbors Act of 1899 and the Fish and Wildlife Coordination Act of 1934. Most of the current requirements to mitigate habitat losses associated with water development projects apply to wetlands, as they are biologically productive and have been destroyed at an increasing rate during recent years by developers seeking prime land in the coastal zone. A case study of the Port of Coos Bay and the City of North Bend, Oregon, provides an actual experience of estuarine mitigation in a dredging project and an airport fill. The case was developed as part of a larger curriculum research study for seaport management. This article is primarily written as a case with a brief introduction and discussion of mitigation requirements, followed by the text of the case and ending with a series of hypotheses for further research.     

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.     

Assessing the Impacts of Gender Integration in Ghana’s Fisheries Sector

Abstract

This article presents the results of an impact assessment of a component of a large scale USAID sustainable fisheries management project initiative aimed at integrating gender and strengthening the role of women in fisheries management in Ghana. The assessment is based on a literature review and qualitative field data collection. It assessed gender integration from three entry points: improving the Ghanaian policy environment for gender in fisheries, empowering women post-harvest processors, and engaging women gleaners in fisheries co-management. The assessment found that an important milestone was the adoption and implementation of the Ghanaian Fisheries Sector’s National Gender Mainstreaming Strategy in 2016. Summarizing the impacts on local post-harvest processors and gleaners, the assessment found that female post-harvest processors have increased capacity, confidence, and engagement in fisheries management. Gender mainstreaming efforts have succeeded in challenging cultural norms about women’s role in fisheries. Women have been exposed to sustainable fisheries management and are better equipped with the knowledge and leadership skills to advocate for good fisheries practices, which they actively demonstrate.     

Implementing coastal zone management: 1972–1990

Abstract

The implementation history of the Coastal Zone Management Act offers insights into the process of long‐term intergovernmental policy implementation. This five‐stage history is explained as a coproduction process, in which coastal state, environmental, and development advocacy coalitions interacted with congressional committees and the federal coastal office to shape coastal policy and manage coastal development. The coproduction approach proved invaluable during the Reagan assault on the coastal program, when the states and Congress assumed responsibility for keeping the program alive. Acknowledging underlying stakeholder dynamics as the basis for coastal program evaluation could strengthen future coastal management implementation.     

Response of coastal zone management programs to sea level rise in the United States

Abstract

State coastal zone management programs are responding to the potential impacts of accelerated sea level rise through a wide range of activities and policies. This article provides a brief overview of the Coastal Zone Management Act and other federal laws that provide the basis for coastal state regulatory activities. It surveys the level of response to sea level rise by state coastal management programs in 24 marines coastal states, from formal recognition to implementation of policies addressing the issue. Individual state CZMP responses and policies that have been implemented or proposed are categorized. The adaptation of sea level rise to ongoing institutional objectives is discussed and policy constraints and trends are summarized.     

Integrated Coastal Management in Philippine Local Governance: Evolution and Benefits

In 1991 the Philippine government shifted many coastal management responsibilities to local governments and fostered increased local participation in the management of coastal resources. In their delivery of integrated coastal management (ICM) as a basic service, many local governments have achieved increasing public awareness of coastal resource management (CRM) issues. Continuing challenges are financial sustainability, inadequate capacities, weak law enforcement, and lack of integrated and collaborative efforts. To address these challenges, a CRM certification system was developed to improve strategies and promote incentives for local governments to support ICM. This system is being applied by an increasing number of local governments to guide the development and implementation of ICM in their jurisdiction. The CRM benchmarks required for a local government to achieve the first level of certification are: budget allocated, CRM related organizations formed and active, CRM plan developed and adopted, shoreline management initiated and two or more best practices implemented. Implementation is providing tangible benefits to communities through enhanced fisheries production associated with MPAs, revenues from user fees and enhanced community pride through learning exchanges and involvement in decisions, among others.     

The status of coastal zone management in South Africa

Abstract

In this article, an overview of the status of coastal zone management (CZM) in South Africa is presented. Firstly, it provides background to the development of various initiatives to promote sustainable use of coastal resources within the context of sociopolitical changes in South Africa. Thereafter, it examines the progress made with respect to key attributes underpinning most CZM programs. Finally, it identifies obstacles to achieving effective CZM in South Africa and makes recommendations to address these shortcomings. The review reveals that whilst considerable progress has been made in certain areas of program development, such as resource conservation and pollution control, there are several gaps and inadequacies within existing efforts. These include the absence of a clear policy to guide efforts, lack of coordination amongst government departments involved in CZM, as well as inadequacies in our legal and administrative system. The promulgation of a Coastal Zone Management Act and the establishment of a Coastal Unit charged with the coordination and review of all activities impinging on coastal resources are amongst the recommendations made.     

Noaa's civil penalty policy: Time for a change

Abstract

This article explores the lack of uniform penalty assessment in the National Oceanic and Atmospheric Administration's (NOAA) civil penalty policy under the Fishery Conservation and Management Act (the Magnuson Act). The author sugests that NOAA's inconsistent penalty assessment invites noncompliance by fishers because they view the penalties as unfair and arbitrary. In particular, deterrence is undermined by the absence of a provision that removes the economic benefits of noncompliance. NOAA's policy is contrasted with the Environmental Protection Agency's (EPA) civil penalty policy, which uniformly assesses penalties while tailoring the penalty to the individual facts of the case and effectively removing the economic incentives of noncompliance. If NOAA implemented a policy similar to EPA's, NOAA would secure increased Magnuson Act compliance and higher penalty amounts.     

An Assessment of Integrated Coastal Management Governance and Implementation Using the DPSIR Framework: KwaZulu-Natal,South Africa

Coastal areas are under increasing pressure driven by demands for coastal space, primarily though population growth, in migration and the need for space for socioeconomic activities. The pressures and associated changes to the coastal environment need to be managed to ensure long-term sustainability. South Africa has enacted an Integrated Coastal Management Act (ICM Act) to facilitate dedicated management of its coastal environment. The implementation has been met with a number of challenges, primarily relating to financial and human capacity constraints, particularly at the local government level. Given that the ICM Act devolves powers to local government, it is imperative that implementation challenges be addressed. This paper focuses on KwaZulu-Natal, one of four South African coastal regions, which is a renowned tourist destination and home to 11.1 million people (Statistics South Africa 2015 Statistics South Africa. 2015. Mid-Year Population Estimates. Statistical release P0302. Pretoria, South Africa: Statistics South Africa. [Google Scholar]). This paper considers the state of coastal management, as well as implementation challenges being experienced at a local governance level, and highlights ways to address these. Data were acquired through questionnaire surveys and semistructured interviews. The Drivers-Pressures-State-Impact-Response (DPSIR) framework was used to identify relevant ICM issues and concerns and develop potential actions for improving the implementation of coastal management activities and the ICM Act. In the assessment of the ICM governance and implementation to date, a key concern identified was a general lack of coastal management knowledge among officials. It was specifically identified that knowledgeable management and capacity-building required championing from the provincial government in order to more efficiently and effectively implement the objectives of the ICM Act through an improved understanding of the coastal environment, its functioning and management.     

The implications of MARPOL Annex V on the management of ports and coastal communities

Abstract

The passage of the Marine Plastics Pollution Research and Control Act of 1987 (MPPRCA), which codified Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL), has encompassed every commercial and recreational shipping and boating facility in the United States. As a group, these ports, harbors, and marinas form a significant, although proportionately small, portion of the coastline of the country. More important, the economic benefits derived from the complex shoreside infrastructures required for international ocean trade, commercial and recreational fishing, and pleasure boating indicate just how critical it is for these facilities to be in conformance with effective and prudent coastal zone and environmental management practices.     

The Origins and Early Implementation of the Magnuson-Stevens Fishery Conservation and Management Act of 1976

The Magnuson-Stevens Fishery Management and Conservation Act, enacted in 1974, is the primary federal fishery management legislation in the United States. The political impetus that led to enactment was the extensive foreign fish off U.S. shores that expanded following World War II and the failure of international negotiations to prevent the decline in many fisheries relied upon by domestic fishers. In Congress, there was uncertainty as to whether a comprehensive management program would be created along with a unilateral extension of fishery management jurisdiction out to 200 nautical miles. The delay in agreement over a new United Nations Law of the Sea Treaty and resolution of the extent of coastal nation jurisdiction over fisheries culminated in enactment of the legislation sponsored by Senator Warren Magnuson, a Democrat from Washington State, and Senator Ted Stevens, a Republican from the State of Alaska.     

Local environmental management—can it work? A case study of the Virginia Wetlands Act

Abstract

The Virginia Wetlands Act of 1972 provides the localities of Tidewater Virginia an opportunity to participate in the management of the state's coastal wetlands resources. This study attempts to analyze the effectiveness of this legislation and to examine the implications of a local management scheme for coastal resource management on a broader scale. Criteria are also established that can be used to evaluate the effectiveness of such a law. When examined in the light of these criteria, the Virginia Wetlands Act emerges, for the most part, as an effective piece of environmental quality legislation that has had a significant impact on wetlands destruction in the state of Virginia. During the two‐year period following the passage of the Act, wetlands losses through the permitting process showed an 18‐fold decrease from previous estimates. The Wetlands Act appears to have been generally accepted by the public and has resulted in consistently uniform decisions, which have reduced wetlands losses without unduly restricting the necessary and legitimate development of the state's wetlands.     

Designing Coastal Management Strategies for Populations with Distinct Needs: The Case of Learning Disabilities

The Disability Discrimination Act (1995, amended 2005), Equality Act (2010 Equality Act. 2010. Equality Act. http://www.legislation.gov.uk/ukpga/2010/15/contents#openingWholeMod (accessed May 17, 2012) [Google Scholar]), EU Disability Action Plan (2003 –2010), and EU Disability Strategy (2010–2020) were designed to make equal opportunities a “reality.” As 16% of the EU population, is statutorily disabled there are considerable implications for beach management. Research examples of beach users include swimmers, anglers, etc. - but rarely people with learning disabilities (LD). This paper considered beach users with LD and their appreciation of three different coastal classifications in South Wales. Because of their disabilities, the research applied a participatory photo interpretation methodology (photovoice). A comparison of the LD ranking of beach issues was made with rankings provided by the general public at the same beaches. Results demonstrated some similarities between LD and general public coastal needs, but identified the need for specific considerations to be made by beach managers for LD users, including informed self-advocacy, use/application of signage, instructive access and a requirement for baseline information gathering. The research proposes an integrated coastal access model from which coastal management/gatekeepers can consider LD needs within coastal strategies. Finally, findings highlight the use of photovoice in coastal research projects and the need for innovative methodological considerations when researching certain groups.     

Noaa's marine sanctuary program

Abstract

Authority to designate marine sanctuaries was established by Title III of the Marine Protection, Research, and Sanctuaries Act of 1972. One may view this authority as the ocean water counterpart to our National Parks and Seashores. Contained herein is a discussion of the components of the Title and how the National Oceanic and Atmospheric Administration (NOAA) plans to carry out the program. Nominations received to date are briefly discussed.     

Tragedy of the San Francisco bay commons

Abstract

Although the early efforts to save San Francisco Bay in the 1960's provided the role model for protection of California's 1100 mile ocean coastline, neither Proposition 20 of 1972 nor the California Coastal Act of 1976 provided any benefits to San Francisco Bay. One result is that the Bay is locked into its urban, shoreline‐use dominated plan of 1969 while every other estuary and coastal wetland in California receives much stronger protection of its resources. Furthermore, due to the complexity of California's water laws, there is no instream flow protection for receiving waters such as San Francisco Bay. This is particularly critical considering that 70% of the Bay's freshwater inflow has been diverted. The Bay's present decline as the largest and most important estuary on the West Coast, as well as its possible death as an estuary, may be irreversible. The problem requires the immediate attention of engineering, scientific, economic and legal disciplines if San Francisco Bay is to be saved.     

Environmental protection motivation in coastal zone land‐use legislation

Abstract

Analysis of recent substantive coastal land use management laws shows that their main thrust is to provide for protection of the coastal environment from adverse impacts of uncontrolled development. The four purposes cited most frequently among laws of 17 states were: Protection of wildlife and fisheries, protection of ecosystems or the natural environment, control of development, and enhancement of esthetic values. Other purposes were to: Protect life and property, enhance public recreation, conserve soil, and protect water resources. Development and economic purposes were cited in relatively few laws.     

The U.S. national marine sanctuary program: An analysis of the program's implementation and current issues

Abstract

The U.S. National Marine Sanctuary Program was established in 1972 by Title III of the Marine Protection, Research, and Sanctuaries Act (16 U.S.C. §1431 et seq.). In this article, we discuss the development of the sanctuary concept, and the original intent of Congress, and analyze how it was applied by the sanctuary program. Differences in interpretation of the program's purpose are examined, including discussion of the multiple‐use management concept, an important but controversial management technique used in the sanctuaries. The continuing efforts by Congress and the National Oceanic and Atmospheric Administration to clarify the program's purpose are investigated. The program's administrative history is explained and the current sanctuaries and active candidates are briefly described. In light of the 1988 reauthorization of the Marine Sanctuary Act, the current issues facing the program are analyzed. Finally, we draw conclusions and make recommendations for the program's future.