Abstract:
Rights-based systems for controlling the use of marine resources developed in many "traditional" societies of the world--notably
in the isolated island societies of the Pacific. These "customary marine tenure" systems (CMT) have eroded or collapsed
in many societies since the development of economic and other links with outside societies and economies. These collapses,
however, do not preclude the possibility of reinvigorating or reestablishing modifications of these traditional systems in
order to attain various objectives of fisheries management, including those associated with conservation, efficiency, and
equity. Customary marine tenure systems may also be valuable in attaining some of the broader social and economic goals of
nations, such as those associated with cultural preservation and economic development. However, because the social and economic conditions underlying the original development of CMT systems may be substantially different from current conditions, the form and mechanisms of CMT systems may not be conducive to attaining
contemporary management objectives. Traditional management systems should therefore not be protected merely for the sake of cultural preservation. Rather, these systems may be substantially modified to ensure that they continue to function
effectively. Codification of traditional law, for example, may be important not only in providing an adequate degree of security
to fishing rights, but also in ensuring that CMT systems are flexible enough to adapt to the rapid pace of economic development.
