You are on page 1of 11

Territorial Use Rights in Fisheries (TURFs)

A Doerr, S Cardenas, S Jardine, H Yoon, and S Bucaram, University of California, Davis, CA, USA
JN Sanchirico, University of California, Davis, CA, USA; Resources for the Future, Washington, DC, USA
ã 2013 Elsevier Inc. All rights reserved.

Glossary Profit pooling The collecting and combining of all proceeds


Economic rent Most simply, economic rent is analogous from a group’s efforts prior to redistribution. Group costs,
to net profits. It is payment, for either goods or services, such as licensing or management fees, may be taken from
greater than the resource owner’s opportunity and the combined proceeds, and the remainder is redistributed
production costs. to members. Redistribution may be equal or may occur
Equilibrium A population is in equilbrium when the according to a predetermined distribution scheme.
number of births is equal to the number of deaths, resulting Total allowable catch (TAC) A catch limit set for a particular
in a constant population. With fisheries, the equilibrium stock of fish or type of fish, in a given area, for a given time
necessarily includes off-take in addition to natural mortality, period. TAC limits may take the form of tons of live-weight
so that the number of births is equal to the number of losses. caught, or total number of fish. TAC limits may be modified
Externalities Externalities are costs or benefits that accrue to annually or as needed and may be raised or lowered
parties outside the original transaction. Externalities by depending on the heath and perceived population of the
definition result in a social loss or gain. Pollution is often relevant stock. TAC limits are designed to prevent overfishing.
cited as an example of a negative externality. Free, Tragedy of the commons (TOC) This term comes
unplanned pollination services in a neighboring orchard, from Garrett Hardin’s 1968 paper of the same name.
provided by the bees in a honey seller’s beehives, would be In a TOC scenario, each individual is motivated to act in
an example of a positive externality. such a manner that a shared resource is depleted. This is
Ex-vessel markets Refer to purchases and sales of the because the benefits gained from exploiting the resource
commercial harvest. Involve markets where the sellers are individual, and the costs are shared among all users.
(fishermen) make the goods available at their premises and With a TOC, individual actors may know that
the buyers are responsible for all charges. conserving the resource is in their own long-term best
Ex-vessel price Price received at the dock by fishermen for interest, but they continue to deplete the resource
finfish, shellfish, and other marine plants and animals because any part they conserve will be used or consumed
landed. by another user.

Introduction Definition and Characteristics


Definition
In an open-access fishery, individual users do not have any rights
to the resource until it is onboard their vessels. Without resource Definition of TURFs
rights, there is no reward for the individual resource users who Panayotou defined TURFs as community held rights of use and
consider how their actions diminish the value of the resource for exclusion over the fishery resources within a specific area and
others. They are unable to capture the benefits provided by a a specific period of time accompanied by responsibilities for
reduction in their harvest, and thus, they have no incentives to maintenance and proper management of the resource base as
do so. Because of the external nature of costs and benefits well as restrictions on the exercise of the rights of use and
associated with fisheries resource use, the open-access equilib- exclusion.
rium will be inefficient; the resource will be overused and profits Effective TURFs typically comprise a relatively small and
to the resource users will be dissipated. An efficient equilibrium clearly distinguishable territory, provide rights of exclusion
is defined here as one in which the net benefits to society, and determination of the kind and amount of use, allow for
coming from use of the resource, are maximized. Even when the right to extract benefits, and are specific in ownership.
entry to a fishery is regulated, it is nearly impossible to control
all the ways in which resource users can increase the effort they Conditions affecting the creation and maintenance of
apply to the fishery, and the outcome will seldom be efficient. effective TURFs
Therefore, a variety of management regimes have been devised The conditions that are important in creating and maintaining
in an attempt to address problems that come from a lack of TURFs are related to the attributes of natural resources, the
resource rights. One of these management regimes is called definition of boundaries, fishing technology, cultural attitudes,
territorial use rights in fisheries (TURFs). This essay defines wealth distribution effects, and governmental authority and
TURF, discusses the various types of TURFs, explores the poten- legal institutions (Table 1). TURFs can be more easily assigned
tial efficiency and distributional outcomes from implementa- and enforced for sedentary species than for highly migratory
tion of territorial use rights (TURs), and presents case studies on species. Furthermore, it is easier to monitor the use of a terri-
TURFs in Japan and Chile. tory and to implement TURFs in locations with a readily

232 Encyclopedia of Energy, Natural Resource and Environmental Economics http://dx.doi.org/10.1016/B978-0-12-375067-9.00047-4


Policy Tools | Territorial Use Rights in Fisheries (TURFs) 233

Table 1 Conditions for effective TURFs employment opportunities within a territory may improve as
employment opportunities shift from outsiders to insiders,
Conditions Comments and examples as generated rents are used to increase employment, and as
Natural resource attributes Sedentary species versus migratory secondary jobs are created in local processing and marketing.
species Wealth redistribution, the generation of rents, and facilitation
Boundary Clearly defined region or boundary of more integrated development may also increase local in-
Fishing technology Stationary gear versus mobile gear come and resources. This local income could lead to greater
Cultural factors Resistance to assigned user rights and local consumption and better nutrition. By creating common
exclusions versus history of commonly interests and promoting cooperating and sharing, a TURF may
managed fisheries encourage more social organization and reduce intracommu-
Governmental authority Government-mandated requirements, nity conflicts. It may also enhance social mobility among the
and legal institutions such as baseline studies
members. For example, low-income members such as crew-
men and landless laborers might be able to obtain shares in
the TURFs to get income from property beyond their labor
defined boundary. Across the different types of fishing tech- income.
nologies (e.g., stationary and mobile), stationary gear that is Learning by doing may be promoted through TURFs with
placed in well-defined sites is more likely to be subject to TURs strong community networks. Community-based control over
on a permanent or seasonal basis because of the easier ability resources may encourage a sense of community responsibility
to monitor actions. Another factor that influences the creation and enhance existing social organizations, or lead to the devel-
and maintenance of TURFs is historical and cultural tradition. opment of a new social organization. Development and use of
For example, North America has historically supported an in- new technologies may be facilitated through TURFs, because
dividuals’ right to fish, often with few restrictions on location they secure tenure and collective control. In addition, fisher-
or species type. This tradition makes it potentially more diffi- men in TURFs may gain access to a broader capital market
cult to impose exclusive rights, which are provided to certain through better status of their returns.
individuals or communities and not to others. In addition to the benefits to members, TURFs may be
beneficial to wider society. TURF members have increased
incentives to conserve marine resources as the state of the re-
Potential Benefits
source and their income are highly correlated. Members may be
TURFs are a potential management tool to overcome the prob- motivated to protect the environment to sustain their liveli-
lems of open access, such as overfishing, crowding, excessive hoods. This environmental protection agenda can contribute
effort, and high monitoring and enforcement costs. They may to better management of both fishery and nonfishery uses
play a role as a management tool to increase fishery net bene- within the region and enhance general ecological health. TURF
fits, enhance the distribution of benefits, and improve benefits members may identify more strongly with the territory and the
to society, resulting in improvements to both efficiency and surrounding environment, and social ties may become stronger.
equity. TURFs may also improve government finances by saving man-
TURFs may enhance efficiency by increasing fishery net agement and enforcement costs, reducing costly assistance to
benefits through several processes. The blanket exclusion of poor fishing communities, and generating more resource rents.
outsiders from a territory may reduce management, monitor-
ing, and enforcement costs by letting government focus on the
resolution of intercommunity conflicts rather than monitoring Types
the intrusion of outsiders. In addition, the control of labor and
capital within a TURF, through either incentives or penalties, TURFs may be characterized by their scale, the type of owner-
may reduce the need for increased investment in these re- ship, and the rights assigned. Although the areas defined
sources, increasing profits. TURFs motivate members to take by TURFs are generally small, the term has been used to iden-
into account externalities – the effects of their catch and returns tify areas as large as countries’ exclusive economic zones. For
on others – by combining members into one management unit the purposes of this article, the focus will remain on local
and through coordination with adjacent TURFs over shared TURFs, although the size of these can vary significantly as
stocks. TURFs provide control over a resource, thus allowing well. For monitoring and management to be effective, these
both an opportunity to manage resources within the territory areas should have well-defined boundaries and clear owner-
and the motivation to do so. They may facilitate investment for ship or membership rights. A TURF’s ‘boundaries’ may include
future returns by restricting fishing in certain areas and seasons the entire water column in a given area or just part of
and promoting community investments in fishing facilities. it (Figure 1). Additionally, within a given area, the use rights
Unlike many other management tools, TURFs may be more may be specific to a certain species or assigned for all species
sustainable because of their flexibility; the TURF can be modi- (SURF is the abbreviation for a TURF that focuses on a
fied by members or regulators to reflect the bio-socioeconomic single species). Regardless of how rights are assigned or the
environment. TURFs are localized and flexible enough to adjust size of the allocated area, a TURF that is large enough such
to changes in local communities, markets, fishing technology, that resource use outside the area does not compromise the
and resource characteristics. value of resources used or captured inside is more likely to
TURFs may also contribute to an improvement in the dis- internalize the externalities. In situations where this is not
tribution of benefits among the members. The local the case, there success will depend on the possibility of
234 Policy Tools | Territorial Use Rights in Fisheries (TURFs)

Community
More expansive TURFs are often cooperative in nature and
collectively managed by a large number of members. There
are several well-known examples of these, including Chilean
W management and exploitation areas for benthic resources
a (MEABRs) and Japanese fishery management organizations
Benthic species t
(FMOs). MEABRs, at the national level, average 62 members,
e
r although this value ranges extensively. Within the most inten-
sively managed fourth and fifth Chilean administrative regions,
MEABRs average 80 members. The average membership size of
C FMOs is 53, although about a fifth of FMOs have more than 100
Migratory species o
l members. Although there is no technical limit on the size of a
u community-managed TURF, smaller memberships may enjoy
m easier coordination, while larger numbers may result in more
n
efficient monitoring of the region. For these reasons, a moder-
ate number may be most effective, as long as the membership
level does not grow beyond a sustainable level in regard to
Figure 1 TURFs may be defined by species, location, or portion of fishing effort and marine resources.
water column. Not all community-managed TURFs are nationally or even
regionally mandated or controlled. A well-known example of
coordination with the users and managers of the areas outside self-created TURFs is that of the lobster fishery of Maine. The
the TURF. southern Maine lobster fishery evolved over time into a system
that appears to be both socially and environmentally stable.
Each community within this fishery has a very well-defined
Ownership
fishing territory. When lobster traps belonging to someone
Single individual or corporation outside the user community are found within a given territory,
TURs may be assigned to a single user or corporation or be users with trapping rights identify the outsider’s traps; this
managed at a community level. There are numerous examples involves an obvious signal, such as tying a bow onto the line
of both in the literature, and the nature of the use rights often by the buoy. If the same individual’s traps are found on sub-
reflects the history of the fishery or characteristics of the species sequent fishing trips, the lines to the trap may be cut. Social
being caught. An interesting example of a long-standing ostracism, in addition to potential destruction of the gear,
individual-level TURF is described by Brownstein and Trem- is used to discourage fishing outside a community’s assigned
blay. A community in Nova Scotia, Canada, had a lobster fishing area. Fishing communities also create barriers to entry
poaching problem in the late 1800s. A local minister resolved into the fishery and have set catch limits, gear restrictions, and
the issue by using existing property lines; individual property temporal restrictions. The result is a seemingly stable fishery
lines were extended out to sea, thus defining the TUR. In any with a very well documented history of TURs.
given year, if a particular owner was not able to harvest a
reasonable amount from his assigned fishing area, he was
given temporary access to a reserve ‘commons’. This manage-
Species
ment system is still in use today.
At a corporate level, the scallop fishery in Nemuro Bay, TURFs may have restrictions on the types of marine resources
Hokkaido prefecture, Japan, provides an illustrative example that can be harvested from a given area, but this is not a
of the evolution of a TURF (Figure 3). Historically, scallops in necessary management component. In Japanese FMOs, use
Nemuro Bay were overfished, at least in part because of the rights are typically assigned for a single species, but the larger
high number of individual fishing vessels, and return per fish- fishery cooperative associations (FCAs) govern multiple spe-
ing effort was unsustainable. Given the steadily decreasing cies. A typical FCA, a management unit comprising several
level of the scallop population, a total ban was placed on FMOs, may include sedentary species, such as clams and aba-
scallop fishing in Nemuro Bay in 1974. The five cooperatives lone, and mobile species, ranging from shrimp to herring.
that had previously been fishing the area created a joint com- Likewise, Chilean MEABRs are not actually ‘single’-species
mittee and collectively decided to plant additional scallops and TURFs, but 85–90% target loco, a commercially important
allow for recovery of the population. After recovery, the co- benthic sea snail also known as Chilean abalone, as their
operatives jointly hired a small number of boats to harvest primary harvest species.
scallops, and profits were divided among members of the co- Generally speaking, less mobile species are far easier to
operatives. Previously, annual catch had been approximately manage, and these are often the focus of TURFs. Many success-
2000 tons; following recovery, annual catch exceeded 6000 ful TURFs focus on benthic species, such as abalone and mus-
tons, with a significantly reduced level of effort. Today, scallop sels, or migratory species that can be easily caught in stationary
fisheries in the Hokkaido prefecture account for the greatest traps, such as lobster. However, a TURF may still be used for
percentage of Japanese scallop catch and are being considered highly mobile or migratory species (Table 2). In such cases, the
for inclusion in the Marine Stewardship Council’s certified TURF may provide for sole access to a stationary fishing device
sustainable seafood program. used to capture a migratory fish stock. The user(s) may have
Policy Tools | Territorial Use Rights in Fisheries (TURFs) 235

Table 2 Examples of species harvested in TURFs

Species Image Mobility Fishing methods Examples of countries


with TURFs

Walleye pollock Highly mobile, Primarily longline Japan


(Theragra migratory
chalcogramma)

Sakuraebi (Sergia Limited spatial mobility Paired-boat dragnet Japan


lucens) (found only within
Suruga Bay in Japan)

Pacific sandeel Mobile species, limited Paired-trawling Japan


(Ammodytes range
personatus)

Loco (Concholepas Low Manual collection; Chile


concholepas) skin diving;
compressed air
(hooka) diving

Tuna (Thunnus spp.) Highly mobile, Handlines, fishing Philippines


migratory aggregation devices

American lobster Mobile Traps United States, Canada


(Homarus
americanus)

territorial rights to a given region where traps, nets, or fish Efficiency


aggregation devices have been deployed. In the Philippines,
There are three potential sources of efficiency gains. First, the-
TURFs have been used for tuna, a highly migratory species.
ory predicts that a resource characterized by open access will be
Different fishing companies have sole access to areas surround-
overused, but if a sole owner manages the resource, that owner
ing a stationary fish aggregation device (usually a large concrete
would have the incentive to maximize net benefits from the
block with buoys or floats attached). The fish aggregate in very
resource. Although typically the rights to a TURF are not allo-
large schools around these devices and can then be harvested
cated to a single individual, the idea behind the TURF system is
by TURF members.
to move to the sole-owner equilibrium point of maximum
economic yield (Figure 2). In order to realize these efficiency
gains, however, economies of scale must be considered. For
Criteria for Effectiveness example, if multiple TURFs are all small, the gains could be
small due to a mismatch of scales.
Two criteria can be used to judge the success of a particular Second, if TURF holders believe they will be able to capture
TURF: an efficiency criterion, or the gains in economic rents, returns from their investments, they have the incentive to
and a distribution criterion, or how the economic rents are invest in the fishery whenever the expected net benefits are
shared. Understanding the potential for efficiency gains as well positive. Efficiency gains of this sort, however, require that
as different potential distributional outcomes is important for the users reasonably expect the TURF to be maintained and
defining the goals when a TURF is established. enforced over time.
236 Policy Tools | Territorial Use Rights in Fisheries (TURFs)

theoretically possible for the government to extract the surplus


Yield through a tax on the rights holder(s) and then redistribute this
Maximum Open access
economic yield equilibrium wealth.
On the other hand, the rights can be granted to the entire
community of resource users, who will be able to collectively
manage the resource. This type of community-managed TURF
is common, seen in both Chile and Japan, and can lead to
a more equitable distribution of fishery rents. However, even
if community-owned TURFs avoid rent dissipation, rents
may be unequally shared. Both Chilean and Japanese TURFs
have designed policies to address both preservation and equi-
E1 E2 Effort table distribution of fishery rents. Two main mechanisms have
emerged in these fisheries. The first is allocation of quotas
Figure 2 Sole-owner versus open-access equilibria. among individuals in a TURF. The simplest allocation scheme,
adopted by some Chilean TURFS, involves evenly distributing
Finally, implementation of a multispecies TURF, in which the chosen total harvest among the TURF members.
rights holders benefit from more than one interdependent Some TURFs go beyond simply allocating harvest among
species within a territory, should provide users with incentives members and manage effort over space and time. For example,
to consider cross-species externalities. For example, in the case the Japanese walleye pollock TURFs have adopted a schedule
of a predator and prey species, the TURF might be expected to for each fishing ground within the TURF. Members are rotated
reduce the catch of the prey as a means of increasing the growth over the fishing grounds throughout the season. This system
of the predator when the benefits in terms of increased catch of eliminates the incentives for overcapitalization: when mem-
the predator outweigh the opportunity costs of forgone catch bers are rotated over all the fishing grounds (both good and
of the prey. bad fishing areas within the TURF), they no longer have to
It should be stated, however, that granting TURs to a com- compete to be the first to arrive at the fishing ‘hot spots.’
munity does not guarantee that economic rents will be main- However, the schedules in these fisheries often do not take
tained. As in regulated open-access or limited open-access weather conditions and shifting hot spots into consideration.
fisheries, incentives for the ‘race to fish’ are still present in a Therefore, issues of fairness may still remain with this distri-
TURF: individual fishermen compete among themselves to bution scheme.
harvest valuable fish stocks, but in doing so, they invest heavily Another option to address rent dissipation and equity is-
in production inputs (e.g., large vessels, powerful motors, and sues is profit pooling. Although the term ‘profit pooling’ is
additional gear) that economic profits are driven to zero. This frequently used to describe revenue pooling, there are TURFs
problem is commonly referred to as an overcapitalized fishery. in both Chile and Japan that have adopted profit pooling
Although the race to fish has typically been described in an in the strict sense: both costs and revenues are shared.
open-access or limited open-access setting, the same incentives Profit pooling can eliminate race-to-fish incentives, because
driving the race to fish may be present in a TURF. Therefore, individual fishermen will not see the full returns to their indi-
without additional management structure in place, economic vidual capital investments. However, with profit pooling, in-
rents in a TURF could become dissipated if fishermen overcap- dividuals do not realize the full returns to their effort. As a
italize to compete. result, fisherfolk with higher-than-average skills may choose to
leave the group. In addition, regardless of skill level, an indi-
vidual who does not realize the full returns to their effort has
Distributional Outcomes
an incentive to reduce effort. The stability of the profit-pooling
TURFs have the potential to increase the economic rents to a system is compromised when higher skilled members leave the
fishery. It is also important to consider how these economic group and when TURF members reduce their fishing effort.
rents will be distributed. Critical to the distribution of eco- Gaspart and Seki look at how social status, defined by an
nomic rents is the initial allocation of the property rights. individual’s relative productivity, affects the outcome of profit-
As mentioned, TURs holders can range from a single indi- pooling systems. They suggest that profit pooling has two-
vidual to an entire community. Thus, there is a wide range of sided incentive effects: fishermen with higher-than-average
potential rent distributions among holders of the rights. When landings face incentives to decrease effort when their profits
rights are granted to a single individual or a small group of are pooled, and fishermen with lower-than-average landings
individuals, it is expected that they will essentially become are motivated to increase their landings for social status con-
monopolists of these rights or the sole seller of access rights siderations. As a result of the two-sided incentive effects, land-
to the fishery. Therefore, the economic rents that the TURF ings become more homogeneous when profits are pooled, and
creates will be extracted and concentrated. This should happen the profit-pooling system is strengthened.
if the holders of the use rights are too few in number to harvest These authors conducted a case study in a Japanese glass
the optimal amount of the resource on their own and choose shrimp fishery with three fishing groups that had been engaged
to sell the right of access to fishermen in the community. It may in varying degrees of profit pooling since the 1960s. One group
also happen if the use rights are granted to an individual or a practiced full profit pooling, another practiced partial profit
group of individuals who were not former users of the resource pooling, and the third abandoned profit pooling after 1 year.
and do not desire to harvest the resource on their own. It is The two groups with profit pooling showed greater
Policy Tools | Territorial Use Rights in Fisheries (TURFs) 237

homogeneity in landings than the group that abandoned it associations are defined geopolitically. FCAs play a unique
(although the authors were unable to establish a causal rela- role in that they manage collective fishing rights, often in the
tionship and note that more homogeneous individuals may be form of TURs. These rights are granted by the government at
more inclined to adopt profit-pooling arrangements). That the province level (called prefectures) and protected by law
social status is important to TURF members is an artifact of (Figure 3). TURFs are nominally granted for 10-year terms
culture and is consistent with the idea that cultural factors can with possible renewal. Fishermen in Japan have a substantial
determine the likelihood that a community-managed TURF voice in the process of granting rights, because prefectures are
will succeed. required to consult fisheries regulation committees. These two
The sakuraebi fishery in Suruga Bay, Japan, provides an institutions, FCAs and TURFs, form the basis of Japanese fish-
interesting explanation of why pooling with equal distribution ery management. As of February 2010, there were 1873 FCAs in
may be successful despite the potential disadvantages to highly Japan: 1057 along Japanese coastal waters, 696 located in
skilled fishermen. In this fishery, it was the highly competitive inland waters, and 120 gear-specific FCAs.
fishermen who proposed instituting a pooling arrangement. FCAs are usually associated with specific coastal communi-
These fishermen were not only more concerned about the ties so that each FCA typically encompasses all the different
fishery but also more experienced and emotionally attached fisheries within that community or communities. Members of
to it. Hence, social attitudes could influence the long-term these FCAs are mostly fishing households and small compa-
application and success of strategies implemented in TURFs. nies (defined by the number of employees and gross tonnage
This section examined several management strategies that of the vessels owned). The target species of FCAs include sed-
have emerged to address the preservation and distribution of entary shellfish resources, such as clams, mussels, sea urchins,
economic rents in TURFs. The additional management neces- abalone, and shrimp. They also involve moderately mobile
sary to meet the efficiency and equity goals in these fisheries groundfish, including various flat fish and rockfish, and more
comes at a cost if enforcement of allocations requires monitor- mobile fish, such as mackerel, herring, and pollock. FCA mem-
ing of TURF members. Although monitoring of a TURF typically bers may employ a wide range of gear, which can include
involves excluding nonmembers from the fishery, the added dredges, gill nets, seines, set nets, and small trawls, as well as
costs of monitoring members provide further motivation for diving.
designing TURFs that can easily be surveyed. The following FCAs are responsible for joint purchases of inputs, admin-
section elaborates on successful TURFs in Japan and Chile. istration of ex-vessel markets, and provision of insurance and
credit to members. FCAs also keep catch records, which are
used to provide official statistics.
Case Studies
Management of fisheries
The idea of exclusive fishing zones had its inspiration in reef Management within each jurisdictional TURF is implemented
and lagoon tenure of fishing rights in the South Pacific. There by fisheries management organizations (FMOs), most of
has also been a long history of TURs as community manage- which are affiliated with their parent FCAs. An FMO is an
ment tools in Japan and India. More recent examples involve autonomous group of fishermen who share the same fishing
the sea urchin dive fisheries in Canada and Latin America. ground and/or operate in the same fishery and are collectively
To illustrate the processes of creation and development of engaged in resource and/or harvest management according to
TURFs, this section focuses on cases in Japan and Chile, mutually agreed upon rules. These management regimes were
where TURFs have been widely implemented, and reviews the implemented as a national fishery policy in the early 1980s.
different historical and management perspectives. The primary factors leading to the creation of FMOs included
declining fish stocks and excessive competition within certain
TURFs. FMOs inherited the benefits of established and well-
Japan
defined TURFs and limited entry of new members. The
In Japan, fishing cooperatives with spatial property rights have Japanese central government has recognized FMOs as an effec-
their origin in the feudal period, dating back to the sixteenth tive tool for fisheries management, and as of November 2003,
century. Coastal villages that did not have enough arable land 1608 FMOs were operating in Japan.
to grow rice were allowed to fish. These communities were FMO boundaries are typically seaward extensions of mu-
given specified areas along the near-shore coast for their exclu- nicipal boundaries on land. Some extend 1 km or less; others
sive use. Fishermen then formed harvester guilds to protect extend more than 5 km. The distance is a function of the target
these areas against poaching. A sense of territorial rights over species, the type of gear used, and the topography of the ocean
the coastal waters emerged among the villagers, and those floor. The membership size of FMOs varies, although the trend
rights were eventually recognized by the samurai lords. These is toward small sizes. In 1998, 47.3% of FMOs had 30 mem-
spatial user rights were given formal legal status in 1901 with bers or fewer, and only 17.2% of FMOs had 100 members
the enactment of the Fishery Law. In 1948, the fishers’ guilds or more. Although smaller groups are believed to be more
were transformed into FCAs, and they gained the status to successful in fishery collective management, this correlation
represent user groups. is still unclear because of the interaction of diverse internal
factors (e.g., fishermen cohesiveness) and external conditions
Local fishery cooperative associations (e.g., market forces). FMOs manage a variety of target species.
Japanese coastal fisheries are governed by fishery cooperative A 2006 survey, focused on 116 FMOs, showed that 66% tar-
associations. The jurisdictional boundaries of these geted sedentary species; 16%, spiny lobster; 12%, moderately
238 Policy Tools | Territorial Use Rights in Fisheries (TURFs)

Hokkaido

Prefectures
(provinces)
Two FCAs managed the
sakuraebi fishery in the
Shizouka prefecture

Tokyo

Shizuoka prefecture Yui Harbor FCA

Fishing
Ohigawamachi FCA
grounds

Figure 3 Jurisdictional boundaries of provinces (prefectures) in Japan and boundaries for two FCAs within Shizuoka prefecture. Adapted from
Uchida H and Baba O (2008) Fishery management and the pooling arrangement in the Sakuraebi fishery in Japan. In Townsend R, Shotton R, and
Uchida H (eds) Case Studies in Fisheries Self-Governance. Rome: FAO. FAO Fisheries Technical Paper 504.

mobile groundfish; and 5%, migratory species. Japanese TURFs sophisticated fishing effort coordination measures. For exam-
are limited to common fishing rights for coastal fisheries. ple, the sakuraebi fishery (pink or cherry blossom shrimp) in
FMOs manage TURFs, but there are also separate FMOs that Shizuoka prefecture established a committee that makes de-
manage aquaculture and offshore licenses. cisions on fishing operations and fishing coordination in a
FMOs and FCAs are interrelated in several ways. Operating centralized manner. Sakuraebi has a patchy distribution, and
bodies for FMOs may be FCAs (if the local FCA is small in hot spots are small and few. All fishing units (vessels) conduct a
number of fisheries and target species), subgroups within FCAs coordinated initial search to locate the hot spots for the season.
(if the FCA is large and encompasses multiple fisheries), alli- The committee then allocates the hot spots to fishing units and
ances of FCAs (if two or more FCAs jointly manage a fishery, decides how much to fish per fishing day. All fishing operations
especially for migratory species), and other forms (transregio- are synchronized through constant communication. Similarly,
nal fishers’ organizations, such as the Prefectural Federation of although the walleye pollock fishery in Hokkaido prefecture
Bottom Trawl Fishery). Nearly 95% of Japanese FMOs are does not have a centralized committee, it has developed a
operated by an FCA or by an affiliate organization. complex fishing ground rotation scheme for spatial and tem-
poral coordination of fishing effort. There are three layers of
Regulatory strategies rotation: groups (base towns), teams, and individuals. The FCA
Most Japanese fisheries are based on a comanagement system section is divided in three segments of coastline, from north to
that consists of government regulation and self-regulation. south. Each group rotates through the segments on successive
National and prefectural governments usually regulate and days. Within this big rotation, teams rotate within their group
set the federal total allowable catch (TAC) and the guidelines and individual vessels rotate within their teams.
for seasonal length, size limits, and gear restrictions. A mosaic Spatial and temporal fishing coordination based on rigid
of self-regulation measures, applied in a decentralized way, has assignment of fishing locations may be made unstable by
been adopted by individual FMOs. The Japanese fishery census variable quantities of harvest, depending on exogenous factors
categorizes these measures as resource management (e.g., stock not considered in the coordination scheme. Also, the long
assessment and hatchery development), fishing ground man- distances that some vessels have to travel to reach their
agement (e.g., protection, monitoring, and usage rules), and assigned areas can compromise economic efficiency. To over-
fishing effort control (e.g., fishing season, number of vessels, come these issues, some FMOs have adopted pooling arrange-
and specific fishing gear). Most FMOs have adopted combina- ments as part of effort coordination. Under an income-pooling
tions of various measures from each of the three categories. strategy, a team of fishermen harvest fish simultaneously under
An analysis of the most popular measures imposed indi- collaborative arrangements, sell the catch cooperatively, and
cated that congestion on fishing grounds is a priority issue. divide the income on the basis of a specific set of rules. Income
FMOs have adopted rules from simple rotation systems to distribution rules vary among fisheries. For instance, in the
Policy Tools | Territorial Use Rights in Fisheries (TURFs) 239

sakuraebi fishery, the revenue side for the period is pooled but Pollock Long Line Association. This association manages the
not the costs, given the distinct administrative costs among the migratory fish by joining together three suborganizations
operating FCAs. In the case of the walleye pollock fishery, the (or subregion-specific associations), each of which brings to-
distribution of revenues is calculated daily and is based on the gether groups that correspond to townships where they are
number of baskets of longline per fishing boat. located. Overall, these town groups are organized in four
Season closures and marine protected areas, used by FCAs with their corresponding FMOs (Figure 4). During a
fisheries managers to protect spawners and/or juveniles, can fishing season, association members (leaders of each town
complement TURs. The sandeel fisheries in Ise Bay illustrate group) meet regularly to make adjustments to regional opera-
how the establishment of temporary no-fishing zones has tions and rules. Besides these regional rules, each section
protected estivating sandeels and increased landings. The loca- applies specific measures.
tion and size of no-fishing zones vary annually depending on Self-governance and self-monitoring are important aspects
ecological information about juvenile distribution and migra- of FMOs and are achieved largely through peer pressure or
tion patterns. Since the measure was implemented, total har- through decisions made by committees of member represen-
vest in two FCAs increased from 515 tons in 1982 to 19 073 tatives. Explicit sanction procedures, such as confiscation of
tons in 2006. harvest or reduction of distribution shares, are imposed by
some FMOs. Market coordination activities have also had
Positive effects and challenges other positive effects on Japan’s TURFs. This is clearly seen in
Effort coordination measures and rotation schemes, together the sakuraebi and walleye pollock fisheries. Specific activities
with income-pooling strategies, have equalized fishing oppor- include controlling the landing volume in accordance with
tunities, increased fairness in income distribution, and helped market indicators, developing and advertising private brands,
eliminate the incentives for race to fish and thus certain sources and general quality control. FMOs that are actively engaged in
of social conflict. In several cases, effort coordination measures marketing activities tend to earn higher revenue per member.
make the whole fishery behave as if it was operated by a sole The social advantages of having fishermen managing their
owner, where revenues are maximized as fishermen try to own resource and its territory include the value of their exten-
reduce costs significantly. Under this scenario, not only has sive experience with the resource and region, an increased
equal opportunity been realized, but efficiency may also be sense of cooperative spirit and fairness, and improved commu-
enhanced through measures such as cooperative agreements nication between stakeholders. The relationships between reg-
encouraging vessels to fish at the nearest fishing grounds. ulators and fishermen are fairly close in Japan. One of the
In addition, pooling arrangements often have a free-riding functions of FCAs is to inform their members of new and
problem, in that they may encourage members to shirk and changing national fisheries policies.
take advantage of others. There are three main challenges within the current Japanese
In a large-scale setting, some Japanese fisheries have coor- FCA–TURF system. First, discrepancies may exist between the
dinated efforts among neighboring FMOs, which has increased area where a fish species reproduces and migrates and the
the joint benefits and improved the management of the fish- jurisdictional boundaries assigned to managing FCAs and
eries. The case of the walleye pollock fisheries, discussed above, FMOs. Although Japan has established institutions for multi-
is one example. These FMOs have formed the Hiyama Walleye jurisdiction management, they are rarely used because of the

Distribution of
walleye pollock
Hiyama region
Spawning ground

Transport of eggs
larvae Musashi bank
Nursery
Spawning migration ground
Hokkaido

Kumaishi FCA

Toyohama Hiyama Walleye


FCA Pollack Longline
Shakotan Pen.
Otobe
Nishi section Association
Hokkaido
Esashi-Kaminokuni
section Esashi FCA
Kaminokuni

Hiyama
FCA

0 10 20 km

(a) (b)

Figure 4 (a) Regional migration pattern of walleye pollock along west coast of Hokkaido prefecture. (b) Organizational structure of Hiyama’s regional
fishery and extent of Hiyama Walleye Pollock Longline Association. Adapted from Uchida H and Baba O (2008) Fishery management and the
pooling arrangement in the Sakuraebi fishery in Japan. In Townsend R, Shotton R, and Uchida H (eds) Case Studies in Fisheries Self-Governance.
Rome: FAO. FAO Fisheries Technical Paper 504.
240 Policy Tools | Territorial Use Rights in Fisheries (TURFs)

lack of supporting scientific information. Second, ecosystem- Management and exploitation areas for benthic
based management, through multispecies management (non- resources
target species and prey interactions) and habitat enhancement, The most important consequence of the FAL was the creation
has not been widely implemented in Japan, since most FMOs of MEABRs. These areas are assigned to a fishing associa-
are formed around single species. Few cases, mainly related to tion after the association presents a management and ex-
aquaculture activities, do incorporate habitat management. ploitation project related to one or more benthic species.
Third, scientific information to support comanagement is Participation in a MEABR is not compulsory for any fishing
underutilized. Collaboration among scientists, fishermen, organizations; however, MBEARs do provide use rights for
and government needs to be enhanced, so that scientific infor- those that choose to participate. MEABR regulations require
mation can be integrated into TURF management and com- the payment of rent for the exclusive use of benthic resources
municated to TURF members. and require the provision of an initial baseline study and a
Despite the room for improvement in the Japanese fishery management and exploitation plan (MEP) for the benthic
system, it is credited with the recovery of several fisheries that species that the association is targeting. The baseline studies
had collapsed because of race-to-fish situations under open- include a description of the benthic community in the region; a
access regimes. It provides a whole history of experiences and direct quantification of the main species in the MEABR; and an
lessons learned from diverse fisheries management strategies identification, characterization, and distribution of substrata
and from the transition toward right-based and collective man- and their depths. The MEP must include a statement of objec-
agement regimes. tives; provide a description and justification of actions directed
for the support of targeted species; list studies that should be
conducted to maintain the biological health of the area; pro-
vide a yearly proposal that includes harvesting periods, allow-
Chile able fishing techniques, and quantity to be harvested; and lay
In the mid-1970s and -1980s, an increase in both foreign out a detailed program with a full description of activities and a
demand and price of the gastropod Concholepas concholepas timetable. In addition, annual monitoring must be performed
(‘el loco’) occurred. This, coupled with the implementation by universities or registered consultants for each harvested area.
of an aggressive exchange rate policy (due to the adoption of Since 1997, more than 700 MBEARs have been assigned
a neoliberal policy framework by the Chilean dictatorial gov- to fishermen organizations. These account for more than
ernment of that time), substantially improved the export earn- 1100 km2 of the near-shore of Chile, with a distance between
ings of this species. The combination of these factors led to the them being 4–10 km, thus generating important connectivity
formation of a social phenomenon in the fishery sector of among MEABRs. Even though loco, keyhole limpets, and sea
Chile known as loco fever, which generated the mobilization urchins are the most important species targeted by the fishing
of thousands of divers around Chile, engendering social con- associations (and were the main motivations for the creation
flicts as well as the imminent overexploitation of loco. Land- of MEABRs), more than 50 species are now covered by various
ings declined precipitously between 1980 and 1988, with loco MEABR plans in Chile. The size of the individual MEABRs
fever leading to a ‘tragedy of the commons’ situation and a also varies extensively, with management units ranging from
collapse of the loco fishery. The collapse forced both the clos- 25 to 900 members. The members of these associations are
ing of the loco fishery from 1989 to 1992 and a reassessment of responsible for deciding how to manage their TURFs as well as
the government regulations related to the management of how to allocate their effort, although they are also regulated by
coastal marine resources. the federal government. To ensure compliance with manage-
The major result of this reassessment was a new legislation ment plans, federal authorities require MBEARs to pay external
and institutional framework that generated a series of rules consultants to undertake follow-up assessments of stocks in
controlling access to benthic and pelagic coastal resources the management area.
by the artisanal fishery sector. This legislation was fundamen-
tally represented by the 1991 Fishery and Aquaculture Law No.
Positive effects and challenges
18–892 (FAL), which drastically reformed the right to fish
This system has produced many important benefits, the great-
within and between the industrial and artisanal fishing sectors.
est being a recovery of the abundance and individual size of
The FAL regulated mobility of the fleets through zoning, intro-
targeted resources within MEABR areas, such as gastropods like
ducing a differential transferable quota, and creating a system
el loco that were previously on the fringe of collapse. This is
of TURFs in Chile with three characteristics:
especially true in comparison with open-access sites that con-
• User rights for artisanal fishermen: Exclusive fishery access tinue to be heavily harvested by fishermen. In fact, current
rights are assigned to artisanal fishermen in a zone that landings of loco have increased fivefold from levels prior to
extends to five nautical miles from the shoreline along government suspension of the fishery. Other positive effects of
2500 km of coast (from 18 360 S, 70 300 W to 41 270 S, the MEABR system include (1) greater efficiency in the
74 100 W). accumulation of knowledge about the response of the stocks
• Regionalization: Artisanal fishermen are restricted to work to harvest; (2) improvement in marketing practices; (3) en-
within the coastal region adjacent to their area of residence. hancement of the quality of the product; (4) increased appre-
• Creation of ‘MEABRs’: Harvesting rights for benthic re- ciation of the resource by MEABR members, who have
sources are allocated to legally registered artisanal small- essentially become environmental stewards as well as fisher-
scale fishing associations. men; (5) enrichment of the social capital of the members of
Policy Tools | Territorial Use Rights in Fisheries (TURFs) 241

fishing associations, due to the establishment of shared re- address these issues and maintain the system in its path of
sponsibilities as well as the development of appropriate in- sustainability (Figure 5).
centives; and (6) ability for fishing associations to establish
their own institution, supporting or even replacing the role of
an external authority. Conclusion
Despite the success of this system, there are problems that
remain and will likely require attention in coming years. We have discussed the primary components of an effective
MBEARs will need to (1) effectively handle the inherent het- TURF system, as well as highlighted potential benefits of
erogeneity of fishing association members, who often have implementing TURFs. There is no universal solution to the
different understandings of the problems they face; (2) in- problem of open-access fisheries or overfishing in open or
crease support from the National Fisheries Service to oversee closed systems, but TURFs have successfully addressed some
execution of MEABRs; (3) enforce stronger sanctions on fish- of these issues. In particular, TURFs can encourage users to
ermen caught stealing from MEABRs, a common problem in consider both environmental and social aspects of a fishery
regions where TURFs and open-access areas coexist; (4) in- and to work with other TURF members to regulate the take and
crease financial support for monitoring and control of areas; maintain the health of the resource. However, there is still
(5) address problems of scarcity and overexploitation in open- extensive need for research into TURFs, particularly in coun-
access diving grounds; and (6) improve knowledge about the tries other than Chile and Japan. Few case studies exist that
effect of fishing activity on the species not targeted by the users. examine TURFs in the United States, Canada, Europe, or
Chilean fishery governance reforms and innovative man- Australia, all of which have globally significant fishing indus-
agement tools seem to have counteracted many of the prob- tries. TURFs are also more commonly applied to fisheries that
lems that are characteristic of common pool resources in focus on species with little or limited mobility. Case studies of
open-access systems. In particular, the implementation of the TURFs implemented for highly mobile species, such as tuna or
MBEAR system is considered the main factor in the prevention herring, could be very informative. Although interest in TURFs
of overfishing of benthic shellfish resources in the Chilean is growing, existing systems, such as coastal communal tenure
coast. However, new challenges require a new dialog between systems with a long history of traditional management, may be
fishermen, government, and scientists in order to make pro- in danger of disappearing due to the modernization of fisheries
gress toward the governance and institutions required to and the pressure of global markets.

Canada Japan
USA * Nova Scotia * Various fisheries
* Maine lobster fishery * Green sea urchin dive * Spatial user rights emerged in
* Defined fishing fishery the 16th century and were
territories were self- * Restricted fishing zones legally transformed in Fishing
created approved in 1995 Cooperative Association in
1948.

Mexico Philippines
* Campeche region * Various fisheries
* Lobster fishery including highly mobile
* Defined fishery units tuna schools
called ‘casitas’ created
in 1960s
Nigeria Srilanka
* Restricted * Various fisheries
access fishing * Property rights that
grounds in small restrict access to
rivers and lakes lagoons, estuaries, and
* Traditional tenure beaches in place for
Chile inherited within
- Mainly shellfish ‘loco’ centuries
the kin group
fisheries
- Management and
exploitation areas
created in 1991

Brazil Pacific Islands


* Only in state of Bahia * Various small-scale
* Coastal fisheries fisheries
* Informal tenure system that * Reef and lagoon communal
has existed for a century tenure systems established
before European colonization

Figure 5 TURF systems worldwide.


242 Policy Tools | Territorial Use Rights in Fisheries (TURFs)

TURFs are often not adequate management tools on their Gelcich S, Edwards-Jones G, and Kaiser MJ (2007) Heterogeneity in fishers’ harvesting
own. Additional management techniques are almost univer- decisions under a marine territorial user rights policy. Ecological Economics
61: 246–254.
sally necessary to eliminate the incentives to race to fish, to
González E (1996) Territorial use rights in Chilean fisheries. Marine Resource
monitor fishing techniques and exclude nonmembers, and to Economics 11: 211–218.
ensure equitable distribution of costs and profits. However, Johannes RE (1978) Reef and lagoon tenure systems in the Pacific islands. South
TURFs can be very effective for the successful and sustainable Pacific Bulletin 31–34. 4th quarter.
management of fisheries, particularly when their strengths and Kaffine DT and Costello C (2011) Unitization of spatially connected renewable
resources. The B.E. Journal of Economic Analysis & Policy 11(1). Article 15.
potential weaknesses are acknowledged and addressed during Ministry of Agriculture, Forestry and Fisheries (2001) The 10th Fishery Census of Japan
their implementation. 1998. Tokyo: Ministry of Agriculture, Forestry and Fisheries.
Panayotou J (1984) Territorial use rights in fisheries. Paper presented at the Expert
Consultation on the Regulation of Fishing Effort (Fishing Mortality). Rome: FAO.
Further Reading FAO Fisheries Report 289.
Tomiyama M, Komatsu T, and Makino M (2008) Sandeel fisheries governance in
Acheson JM (1975) The lobster fiefs: Economic and ecological effects of territoriality in Ise Bay, Japan. In: Townsend R, Shotton R, and Uchida H (eds.) Case Studies in
the Maine lobster fishery. Human Ecology 3: 183–207. Fisheries Self-Governance. Rome: FAO. FAO Fisheries Technical Paper 504.
Brownstein J and Tremblay J (1994) Traditional property rights and cooperative Townsend R, Shotton R, and Uchida H (eds.) (2008) Case Studies in Fisheries
management in the Canadian lobster fishery. The Lobster Newsletter 7: 5. Self-Governance. Rome: FAO.
Cancino JP, Uchida H, and Wilen JE (2007) TURFs and ITQs: Collective vs. individual Uchida H (2009) Fishing effort coordination and revenue pooling arrangement in fishery
decision making. Marine Resource Economics 22: 391–406. comanagement: Evidence from Japan. KMI International Journal of Maritime
Castilla JC and Gelcich S (2008) Management of the loco (Concholepas concholepas) Affairs and Fisheries 1: 1–26.
as a driver for self-governance of smallscale benthic fisheries in Chile. Uchida H and Baba O (2008) Fishery management and the pooling arrangement in the
In: Townsend R, Shotton R, and Uchida H (eds.) Case Studies in Fisheries Sakuraebi fishery in Japan. In: Townsend R, Shotton R, and Uchida H (eds.)
Self-Governance. Rome: FAO. FAO Fisheries Technical Paper 504. Case Studies in Fisheries Self-Governance. Rome: FAO. FAO Fisheries Technical
Christy FT Jr. (1983) Territorial use rights in marine 1982 fisheries: Definitions and Paper 504.
conditions. Rome: FAO. FAO Fisheries Technical Paper 227. Uchida H and Makino M (2008) Japanese coastal fishery co-management: An overview.
Christy FT (1996) The death rattle of open access and the advent of property rights In: Townsend R, Shotton R, and Uchida H (eds.) Case Studies in Fisheries
regimes in fisheries. Marine Resource Economics 11: 287–304. Self-Governance. Rome: FAO. FAO Fisheries Technical Paper 504.
Costello C, Lynham J, Lester SE, and Gaines SD (2010) Economic incentives and Uchida H and Watanobe M (2008) Walleye pollock (Suketoudara) fishery management
global fisheries sustainability. Annual Review of Resource Economics in the Hiyama region of Hokkaido, Japan. In: Townsend R, Shotton R, and Uchida H
2: 299–318. (eds.) Case Studies in Fisheries Self-Governance. Rome: FAO. FAO Fisheries
Gaspart F and Seki E (2003) Cooperation, status seeking and competitive Technical Paper 504.
behaviour: Theory and evidence. Journal of Economic Behavior and Organization Wilson J, Yan L, and Wilson C (2007) The precursors of governance in the Maine
51: 51–77. lobster fishery. PNAS 104: 15212–15217.

You might also like