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Limited Entry on the High Seas: ITQs beyond Boundaries Public Deposited

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  • Although the 1982 UNCLOS endeavoured to establish EEZs and assist coastal states in being able to manage the resources throughout their range to some extent, it became obvious that further agreements were necessary to expand upon states’ international obligations in relation to conservation and management of living resources on the High Seas. The 1995 Agreement concluded as a result of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks and a number of other international agreements have set the scene for significant change in High Seas fisheries management. In particular, through the auspices of regional fisheries management organizations (RFMOs) and arrangements, state parties will be under an obligation to co-operate and agree, where appropriate, on participatory rights in High Seas fisheries, including allocations of allowable catch or levels of fishing effort. The 1995 Agreement, however, only indirectly confronts the principal underlying reasons for the often competing interests of coastal and High Seas states – namely, the allocation of limited resources. The same “tragedy of the commons” issues that have plagued fisheries management, notwithstanding the extension of coastal state jurisdictions out to 200 miles, are set to continue and will become more apparent on the High Seas. This paper will discuss and explore the legal implications and authority for limited entry and rights-based fishing on the High Seas within this new international legal structure. In particular, the paper will set out the mechanism and advocate the benefits of the allocation of individual property rights on the High Seas to state nationals as a vital conjunct of the development of international conservation and management measures of living resources on the High Seas. These issues will be canvassed within the context of migratory (Bluefin Tuna) and demersal (Tasman Rise Orange Roughy) fisheries.
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  • Sullivan, Michael S., William J. Nielander. 2002. Limited Entry on the High Seas: ITQs beyond Boundaries. Peer Review: No. In: Proceedings of the Eleventh Biennial Conference of the International Institute of Fisheries Economics and Trade, August 19-22, 2002, Wellington, New Zealand: Fisheries in the Global Economy. Compiled by Ann L. Shriver. International Institute of Fisheries Economics & Trade, Corvallis, Oregon, USA, 2002. CD ROM.
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