4 Rights over Fisheries and Fish
Abstract This chapter follows fishing rights from primitive monopolies to rights granted over medieval sea-fisheries to fishery regulation to property-like licensing. Most medieval rights were for fresh-water fisheries in the ‘common of fishery’ a manorial sharing arrangement similar to those for th...
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croxfordunivpr:10.1093/acprof:oso/9780198286035.003.0004 2024-05-19T07:42:50+00:00 4 Rights over Fisheries and Fish Scott, Anthony 2008 http://dx.doi.org/10.1093/acprof:oso/9780198286035.003.0004 https://academic.oup.com/book/chapter-pdf/44993171/book_5350_section_148129822.ag.pdf en eng Oxford University PressOxford The Evolution of Resource Property Rights page 127-186 ISBN 0198286031 9780198286035 9780191718410 book-chapter 2008 croxfordunivpr https://doi.org/10.1093/acprof:oso/9780198286035.003.0004 2024-05-02T09:31:10Z Abstract This chapter follows fishing rights from primitive monopolies to rights granted over medieval sea-fisheries to fishery regulation to property-like licensing. Most medieval rights were for fresh-water fisheries in the ‘common of fishery’ a manorial sharing arrangement similar to those for the common fields. However salt-water private rights, mostly for tidal stretches of rivers or for shellfish, were abolished in the Magna Carta, to be succeeded by the English ‘public right of fishing’ in tidal waters. The chapter argues that there was neither a demand nor a supply of the exclusivity characteristic for creating a private sea-fishing property right. In the nineteenth century when powerful vessels began depleting ocean stocks, the ‘over-fishing problem’ was recognized and attracted government fishing rules and laws internationally. Such regulation began to include requirements for licenses, which were later limited in number, season, species, gear-types, and area. Thus they were given some enforced exclusivity. Their duration and transferability were also adjusted. The chapter recounts how governments transformed these limited licenses into individual catch quotas (ITQs), first in Iceland and New Zealand then worldwide. It examines fishermen-run fishing co-operatives and ‘TURFS’ for many-vessel and many-species fisheries. It notes their similarity to condominium-type shared rights. Book Part Iceland Oxford University Press |
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Open Polar |
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Oxford University Press |
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croxfordunivpr |
language |
English |
description |
Abstract This chapter follows fishing rights from primitive monopolies to rights granted over medieval sea-fisheries to fishery regulation to property-like licensing. Most medieval rights were for fresh-water fisheries in the ‘common of fishery’ a manorial sharing arrangement similar to those for the common fields. However salt-water private rights, mostly for tidal stretches of rivers or for shellfish, were abolished in the Magna Carta, to be succeeded by the English ‘public right of fishing’ in tidal waters. The chapter argues that there was neither a demand nor a supply of the exclusivity characteristic for creating a private sea-fishing property right. In the nineteenth century when powerful vessels began depleting ocean stocks, the ‘over-fishing problem’ was recognized and attracted government fishing rules and laws internationally. Such regulation began to include requirements for licenses, which were later limited in number, season, species, gear-types, and area. Thus they were given some enforced exclusivity. Their duration and transferability were also adjusted. The chapter recounts how governments transformed these limited licenses into individual catch quotas (ITQs), first in Iceland and New Zealand then worldwide. It examines fishermen-run fishing co-operatives and ‘TURFS’ for many-vessel and many-species fisheries. It notes their similarity to condominium-type shared rights. |
format |
Book Part |
author |
Scott, Anthony |
spellingShingle |
Scott, Anthony 4 Rights over Fisheries and Fish |
author_facet |
Scott, Anthony |
author_sort |
Scott, Anthony |
title |
4 Rights over Fisheries and Fish |
title_short |
4 Rights over Fisheries and Fish |
title_full |
4 Rights over Fisheries and Fish |
title_fullStr |
4 Rights over Fisheries and Fish |
title_full_unstemmed |
4 Rights over Fisheries and Fish |
title_sort |
4 rights over fisheries and fish |
publisher |
Oxford University PressOxford |
publishDate |
2008 |
url |
http://dx.doi.org/10.1093/acprof:oso/9780198286035.003.0004 https://academic.oup.com/book/chapter-pdf/44993171/book_5350_section_148129822.ag.pdf |
genre |
Iceland |
genre_facet |
Iceland |
op_source |
The Evolution of Resource Property Rights page 127-186 ISBN 0198286031 9780198286035 9780191718410 |
op_doi |
https://doi.org/10.1093/acprof:oso/9780198286035.003.0004 |
_version_ |
1799482539847450624 |