Cover
FAO FISHERIES TECHNICAL PAPER 227





Territorial use rights in marine fisheries: definitions and conditions




Table of contents


by
Francis T. Christy, Jr
Senior Fishery Planning Officer
Fishery Development Planning Service
FAO Fishery Policy and Planning Division

PREPARATION OF THIS DOCUMENT

This document has been prepared as part of FAO's Regular Programme activities, aimed at assisting fishery administrators and other persons responsible for the management of fisheries. It is the fourth in a series of technical papers relating to the PRACTICES OF FISHERIES MANAGEMENT. The list of these papers is given at the end of this document.

Reprinted 1992

The views expressed in this report are personal to the author and do not necessary reflect those of FAO. The report does not imply the expression of any opinion whatsoever on the part of FAO concerning the legal or constitutional status of any country, territory or sea area or concerning the delimitation of boundaries.

Distribution

FAO Fisheries Department
FAO Regional Fisheries Officers
Directors of Fisheries
Selector SM
Author
For bibliographic purposes this
document should be cited as follows


Christy, F.T.Jr., Territorial use rights in marine
1982 fisheries: definitions and conditions.
FAO Fish.Tech.Pap., (227): 10 p.

M-40
ISBN 92-101269-5

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the copyright owner. Applications for such permission, with a statement of the purpose and extent of the reproduction, should be addressed to the Director, Publications Division, Food and Agriculture Organization of the United Nations, Viale delle Terme di Caracalla, 00100 Rome, Italy.

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Rome, 1992
© FAO




ABSTRACT
Territorial use rights in fisheries (TURFs) have existed for centuries. They are widely available for sedentary resources. In addition, however, they have appeared in a number of marine fisheries in traditional communities and are also being acquired, legally or extra-legally, for such techniques as floating fish aggregation devices and other forms of fixed gear.

TURFs provide interesting opportunities for dealing with two major aspects of fisheries management -efficient production of net benefits and equitable distribution of benefits. Further exploration of the possible adoption of TURFs as a means for management seem desirable.

This paper explores some of the definitional elements of TURFs and the distinctions between territorial rights and common property. It also exercises some of the conditions that may have an effect on the creation and maintenance of TURFs. And it discusses briefly some of the implications for equitable distribution of benefits.

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CONTENTS

I. INTRODUCTION
II. DISTINCTIONS BETWEEN COMMON PROPERTY AND TERRITORIAL USE RIGHTS
A. Common Property
B. Territorial Use Rights in Fisheries
III. THE CAUSES OF COMMON PROPERTY
IV. THE CONDITIONS AFFECTING THE CREATION AND MAINTENANCE OF TERRITORIAL USE RIGHTS
A. Natural resource attributes
B. Boundaries
C. Fishing technology
D. Cultural factors
E. Wealth distribution
F. Government authority and legal institutions
G. Summary
V. EQUITY CONSIDERATIONS
VI. BIBLIOGRAPHY