Scales of justice

Privatize the seas? If only solving overfishing were so easy 16

school of fishSchool of hard knocksIn this month’s Atlantic, Gregg Easterbrook writes that privatizing the seas through use of individualized transferrable quotas (ITQs) is the solution to the grave problem of overfishing. Recently, NOAA Administrator Jane Lubchenco came out strongly (PDF) in favor of ITQs (which the agency is calling “catch shares”), and has committed her agency to ” transitioning to catch shares ” as a solution to overfishing. Would that the solution to overfishing were so easy!

Today, fisheries managers set a “total allowable catch” (TAC) for open-access fisheries. A fishery is open until that TAC is reached. Not surprisingly, there is often a mad scramble to capture as large a share of fish as quickly as possible. Sometimes fisheries, like the pre-ITQ Alaskan halibut fishery, are only open for a few days, or even a few hours.

Catch shares work to eliminate this incentive to catch all of the fish today. Thus, Easterbrook contrasts the orderly halibut fishery in Alaska today with the free-for-all of the pre-ITQ days. And catch shares do make a fishery more orderly. When a boat has a right to a specified share of the TAC, it removes the incentive to catch each fish before someone else does, the so-called “fisherman’s dilemma.” ITQs seeks to solve this problem by enclosing the commons and creating clear private ownership rights.

I question the assumption, though, that private ownership will convert fisherfolk into stewards of the long-term health of the fishery. As the recent financial collapse has shown, merely having a market with clear private ownership rights does not protect against short-sightedness, misvaluation, and greed—all of which come into play when we talk about overfishing. All ITQs do is remove the economic incentive to catch the full TAQ immediately-they do nothing to address the more structural problems that bedevil fisheries management decisions: the political aspect of nominally scientific resource management decisions and overcapacity in the fishing industry.

First and foremost, catch-shares can only be an effective tool to prevent overfishing if fisheries managers set the TAC at an appropriate level. And therein lies the rub. In theory, the TAC is set scientifically, based on applying a fixed harvest rate to the estimate of exploitable biomass in the fishery. But fish recruitment fluctuates based on a host of environmental conditions-rendering the fixed harvest rate problematic. Fishery managers are under intense pressures not to lower a TAC, even when the long-term survival of a fishery depends on reducing or even eliminating fishing pressures. The levels of uncertainty involved in estimating “exploitable biomass in the fishery” make it very difficult to defend decisions with immediate and serious economic impacts.

That brings us to the real problem with fisheries—overcapacity, often subsidized by the very governments Easterbrook accuses of poorly regulating the fisheries. The accusation is correct-fisheries are poorly managed, but I seriously doubt that ITQs are the answer. There are simply too many boats chasing too few fish. The argument that ITQs will result in lower fishing pressure depends heavily on the assumption that as the industry consolidates in the hands of “efficient producers,” those producers will voluntarily retire a portion of their shares. This assumption of producer self-regulation is entirely speculative, and to my mind unlikely. The recent financial crisis is enough to give anyone pause about the ability of markets to self-regulate. Instead, we are likely to see near-monopoly catch share holders seeking to bend the TAC calculation to their short-term economic interests. This will happen against a backdrop of technical advances that facilitate fishing pressures undreamt of in the past, with immense floating fish processing factories decimating entire fish stocks in one go. It is hard to see how creating a market for trading catch shares will solve this problem.

Fisheries present an unusual set of challenges that make it extremely difficult to have effective regulatory oversight. Regulators have clearly defined geographies of authority but fish do not cooperate by staying in one place. Many fisheries straddle Exclusive Economic Zones (EEZs - waters under the effective control of a coastal state) and the high seas (you may remember that Spain and Canada almost went to war over precisely this issue in the 1990s), rendering ITQs meaningless. The Alaskan Pollock fishery, for example, spans the so-called Bering Sea Donut Hole—a region of the high seas in an area otherwise within the EEZs of the United States, Canada and Russia. Other fisheries straddle the EEZs of more than one state, making decisions about TAC and catch share into international agreements. Even when a fishery is wholly within the EEZ of a single state, most coastal states do not have the capacity to enforce TACs within their jurisdiction, let alone police catch shares.

This is not even to mention bycatch—the dirty little secret of the fishing industry. At least half a million endangered marine mammals (PDF) and an unknown number of endangered sea turtles die every year as bycatch. By most estimates, at least 40% of every catch (PDF) is discarded as bycatch-fish other than the target species. ITQs are likely to exacerbate this problem because it creates a powerful incentive for fishing boats to discard not only unwanted or uncommercial fish, but also any fish potentially subject to someone else’s share.

Moreover, the social justice implications of ITQs are troubling. Privatizing the ocean through ITQs further reinforces the same dynamic we see in other forms of privatization that accompanies development schemes around the world. A strata of society with access to capital, loans and equipment benefits richly but the poor become even poorer because they lose access to traditional resources.

This is not to say that catch shares are necessarily a bad idea, but neither are they a panacea. What’s needed is a cultural change-subsidy removal for fishing fleets, new opportunities for fisher folk, and a recognition that there are real, albeit imperfectly understood, biological limits to ocean ecosystems. Uncertainty argues for precaution in setting TACs, no matter how economically inconvenient that is, and no matter how painful this will be for affected fishing communities in the near-term. There is not always another fish in the sea.

 

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  1. Erik Hoffner's avatar

    Erik Hoffner Posted 11:11 am
    13 Jul 2009

    Rebecca, yes, it's not panacea. Probably better than TACs, if the quotas can be nimble enough, and if, uh, fishery science catch up. But all fisheries would benefit from a bigger picture idea, and that's what Atlantic ought to take on: marine reserves, no take zones, where fish stocks can rebound, multiply, and propagate themselves to more than fill the nets of men.Erik, Orion Grassroots Network
  2. sanderson508 Posted 11:49 am
    13 Jul 2009

    Privatizing anything lets the robber barons loose.   I know, we will build in "checks"..... and the robber barons will turn loose their best and brightest to determine how to avoid, evade, convolute, etc to turn it to their strip and rape corporate/personal profit.     We really can't enforce existing treaties now, add lawyers waving stacks of exchange agreements wandering thru dozens of counties and just imagine what it will be........the seas will be bare.   Can't think of a dumber idea.
  3. Diane Regas's avatar

    Diane Regas Posted 3:01 pm
    13 Jul 2009

    I am glad to see Prof. Bratspies focus on what catch shares can do--it helps with the debate of how to solve this global, intergenerational, massive problem humans are creating. Catch shares can help stop the worldwide collapse of fisheries that we started to notice in the 1970's. (http://www.youtube.com/watch?v=xDgneuJ8mkQ) But, lots of people assume that the only reason catch shares work is by creating private property out of our common ocean inheritance--nothing could be further from the truth. First, catch shares aren't private property in the United States: several legal provisions make that absolutely clear AND the courts have upheld it. What's really interesting though is that far from letting go of the public trust, catch shares are the one regulatory approach that holds individual fishermen directly accountable for how much they catch. Other regulations--like shutting the season when limits are met--legally allow fishermen to grab as much fish as they can as fast at they can, as long as they stay within the rules of the game. This approach usually leads the fishery to bust the limits, and do lots of damage along the way. Some still believe that catch shares also give an incentive for fishermen to take better care so they will have more fish the next year. The data are still coming in on that--and will certainly debated for years to come--probably on Grist.
  4. Tyler Durden Posted 11:48 pm
    13 Jul 2009

    Some of the major problems that cause overfishing were identified in this post, which are bycatch and too many boats chasing too few fish.  The solutions to these and the other major problems caused by the fishing industry are 1) setting and enforcing strict quotas for fish caught regardless of social and political pressures to the contrary, and 2) eliminating all the factory fishing vessels and machinery, and going back to lines and hooks, but not longlines.  "Efficiency" when it comes to fishing is a bad thing, and is causing the seas to be strip mined.And of course, the elephant in the room once again is overpopulation.  If there are too many people, as there are now, they will eat too many fish.  In the end, if this issue is not solved, nothing else we do will matter.
  5. ed abbey Posted 4:26 am
    14 Jul 2009

    >>Moreover, the social justice implications of ITQs are troubling.
    Privatizing the ocean through ITQs further reinforces the same dynamic
    we see in other forms of privatization that accompanies development
    schemes around the world. A strata of society with access to capital,
    loans and equipment benefits richly but the poor become even poorer
    because they lose access to traditional resources.<<That's EXACTLY the point we've been trying to make about the Cape Wind project in Nantucket Sound. Big Wind wins/little fisher-guy, little navigator loses.
  6. Erik Hoffner's avatar

    Erik Hoffner Posted 6:59 am
    14 Jul 2009

    Ed, that's one tired argument against Cape Wind. Most fishermen I've seen commenting on it say that there's not much to fish for on Horseshoe Shoal - not a place folks set nets with any regularity. Recreational fishermen will benefit: more structure to fish around, would hold more bass/blues/blackfish/seabass, what have you. As for small navigators, boy, if you can't be nimble enough to get around wind farm pylons, Lord help you getting in and out of the marina, to begin with.You left one big winner out of your mini-rant: if big wind wins, the bigger region wins, too. Less need for fossil fuel based power production. - Erik, Orion Grassroots Network
  7. ed abbey Posted 1:40 pm
    14 Jul 2009

    Erik, it's not as tired as enviros (like yourself?) selling out to the corporados, gifting them with public lands and spaces while they laugh all the way to the bank.  As for the fisher-folk and navigators: who have you been talking to??  My understanding is that Horseshoe Shoals is prime conch grounds, plus a favorite of local fishers for other catch.  Ans, all those pylons you seem so fond of become big threats when the weather turns, the fog rolls in, and your radar is on the blink, especially since they span an area the size of Manhattan!  I know a whole cabal of you guys from Big Green are all ga-ga about Cape Wind and I fully understand the need for wind & solar, but at what cost?  You've sold out to the corporados and given the shaft to the bats & birds too boot. In the bargain, it appears you have developed a real case of tunnel-vision to sooth your collective conscience, as well.  Like we always say: Cape Wind: the right project in the WRONG place!
  8. Erik Hoffner's avatar

    Erik Hoffner Posted 2:48 pm
    14 Jul 2009

    As usual Cape Wind takes a thread off track. But no, "Ed," and what a nice name caller you've turned out to be, I don't care about corporados or whatever you like to call them. I'm from the camp of 'git 'er done' in which we keep the planet from melting instead of arguing incessantly about where to site the devices that will keep humanity afloat beyond the end of the century. Sounds to me like you prefer the bunker-oil-burner and its cursed shipments which have fouled Buzzards Bay in recent memory.I'm sure you heard, but didn't like to hear, that one of the big, old conservation groups on Cape Cod has now come out and said climate change is a bigger threat than the loss of the view. About Horseshoe Shoals, how in the world will wind pylons be a threat to conch pots? Get real.Seems you've bought RFK's absurd brainfart that Nantucket Sound is the 'economic engine of New England' which is nonsense. As for me, I'm a career green, check my credentials, and I didn't get involved in this debate with you because I love industrial scale energy production. I, like Bill McKibben, believe that we need wind, now, in as many places as possible.Try to assail HIS credentials, while you're at it.Pretty sure your namesake, Mr Abbey, would be in our camp.Erik, Orion Grassroots Network
  9. ed abbey Posted 5:42 pm
    14 Jul 2009

    The track is "privatization of the sea" , Mr. "career green credentials" (yawn).  The fact that you "don't care about corporado" speaks volumes about where you're coming from, imho. Does the Orion Society receive corporate funding too? Just how much ARE you willing to compromise for the right project in the WRONG place?? I don't recall assailing your credentials either, Eric. You seem sensitive about that, but you don't seem hesitant to trash RFK, Jr., another career green. As for Ed Abbey supporting Cape Wind...ha,ha,ha,ha,ha,ha,ha,ha,ha.........
  10. Samuel Fromartz Posted 6:29 am
    15 Jul 2009

    What I find curious about this post is there was no mention of a broad-based study of ITQs, published in Science, which found that they work in preventing fisheries collapse. Secondly, there was no consideration of the evidence, in how fish populations have fared in Alaska, in Iceland and in Australia where ITQs have been used or in evaluating the "tragedy of the commons" where they have not.Link to the Science article:http://www.sciencemag.org/cgi/content/abstract/sci;321/5896/1678 
  11. Tyler Durden Posted 8:37 pm
    16 Jul 2009

    By obsessing on global warming to the exclusion of all else, you also will destroy the planet.  "Ed Abbey" is right: Cape Wind and all other projects that ruin undeveloped areas on land or water should be strongly opposed.  Of course I'd rather have windmills there than oil rigs, but that's splitting hairs.  What I'd really rather have is nothing at all beside the natural environment.One thing that very few if any people mention when discussing these issues is that humans are not the only ones on Earth, though we act like we are.  We have no business destroying yet another undeveloped area for the fish, birds, and the water itself.  Wind generators and solar panels belong in already developed areas, not where they will destroy the land and/or water and/or sky.
  12. Tyler Durden Posted 8:39 pm
    16 Jul 2009

    I was a campaigner with Earth First! for several years and met Ed Abbey on several occasions.  You are totally clueless about what he was about, which was protecting wilderness from human development, if you think he'd have supported a project like Cape Wind.
  13. Erik Hoffner's avatar

    Erik Hoffner Posted 7:18 am
    17 Jul 2009

    Tyler, Nantucket Sound is no wilderness. If you've been on it before, you'll know it's mucked up with so much boat/ferry/trawler traffic that at times it looks like a beltway, with a solid icing of diesel smog. Ain't no wilderness. It's industrial.I'm sure old Ed would have preferred to see the unobstructed horizon in the morning from his shanty on the Marthas Vineyard beach, but not at the expense of a planet warmed beyond human capacity to survive. As much as he was into the geologic record and letting wild things be, he also loved classical music, booze, and a million other cultural artifacts that he never gave up.That's what this topic is about: saving humanity, not the Earth. If you don't mind if humanity ceases to be, that's your business. Not that Cape Wind will save us, but the resistance to all thing like it may doom us. - Erik
  14. Tyler Durden Posted 12:43 am
    18 Jul 2009

    I've never been to Nantucket Sound and will take your word that it is an industrial hell, though that's hard to imagine.  I've done quite a bit of sailing in San Francisco Bay, where there is a lot of big ship and tug traffic, and it's still mostly pristine open space.  And you're quite correct, not only could I not care less whether the human race survives, it certainly doesn't deserve to and it's not at all what I'm concerned about.  But there are two clear logical errors in your statement that "the resistance to all thing[s] like it may doom us."First, as I said in my first post, humans are causing so much environmental destruction in so many ways that obsessing on climate change to the exclusion of all else is pure idiocy.  Even if human-caused climate change were immediately and completely halted, humans are still well on the road to their own destruction by their destruction of the natural world.  Resistance to big projects that cause their own sets of environmental harms will not doom anything.Second, big projects that destroy natural areas, wilderness or not, do more harm than good, with a possible extremely rare exception or two.  What would be good for the Earth, and as a byproduct humans, is for people to cover their roofs with solar panels, place wind generators in their yards, and use less electricity.  If big projects are still wanted, they should be placed in already industrialized urban areas, not in the water or on natural land.  I am totally opposed to big electrical projects and the transmission lines (what the Hopi call "white mans' gods) needed to bring the electricity to where it will be used.  Instead, it should be generated locally. 
  15. Clifford Wells's avatar

    Clifford Wells Posted 8:27 am
    19 Jul 2009

    There is something called the Public Trust Doctrine.  Under that doctrine, the NMFS can allocate recreational and commercial fishing activity and catches under what is known as the Magnuson Act.  But the idea is that if you have a license and a permit, you can fish as allowed under the NMFS regulations (which specify regional fisheries organizations).  In theory, anybody can participate in the fishery.  All those fish are ours, held in the public trust, and the NMFS merely manages the Total Allowble Catch or TAC.Not so under recent proposals from the NOAA/NMFS, which would set up an auction system so percentage and poundage levels could be purchased by private concerns, both recreational and commercial.  It could even allow enviro groups to purchase IFQ or ITQ allotments and then simply not use them, so as to "save the fish."  Privatizing the oceans for economic reasons is a very dangerous concept.I think there is a major misconeption about "getting rid of the TAC."  This is total BS, since Magnuson requires that over-fished species be recovered to a sustainable level.  Let's say the NMFS identifies a TAC of 10 million pounds and 10 fishermen have permits of an equal amount (rare, but just a silly example).  Each fisherman has 1 million pounds he or she can catch whenever wanted during the year, which eliminates "derby days" or having to fish in rough weather.  Let's say that fishery becomes horribly over-fished somehow ... the NMFS might set the TAC to 5 million pounds the next year.  All that means is that each IFQ/ITZ permit holder gets 0.5 million pounds.In no way, shape, or form does it allow the 10 fishermen to set their own catch levels so as to keep the fishery sustainable, as that would conflict with Magnuson.  I hope I cleared up a major misunderstanding here.Back to commercial and recreational fishing, I find the recreational aspects even worse than the commercial.  There are perhaos a few thousand active commercial fishing boats in the US, but there are millions of recreational fishermen who fish offshore and spend many billions of dollars in boats, marinas, fuel, gear, and so forth.  Again, according to the Public Trust Doctrine, if you have a license and a permit, you can go out to sea and catch all you want within the NMFS regulations for that species and that area.  If your rights as a recreational fisherman are auctioned away to only the rich people, corporations, and enviro groups, then it is no longer a democratic process.Chances of this happening seem quite high, as shocking as it seems.  It is a planned effort to deliberately cut the recreational fisherman out of fishing (more anything besides "trash fish") and to put the remaining "good" commercial fisheries in the hands of some very large corporations.  The NMFS likes this, as it is much easier to regulate a dozen or so companies instead of a couple thousand permit holders, or millions of pesky little recreational boaters. Welcome to companies that will become the Con-Agra of the oceans.  If you really think you trust such huge corporations, I have some Kool-Aid already mixed up for ya!
  16. embach Posted 4:27 pm
    20 Jul 2009

    Overfishing is a global threat to ocean biodiversity and developing a solution to this complex, dynamic problem is no easy feat.  Dr. Bratspies points out that catch-share systems, also know as individual fishing quotas (IFQs) and individual transferable quotas (ITQs), are not a panacea to the problem of overfishing.

    To be clear, IFQs are primarily an economic allocation tool, not a conservation tool. It is the Total Allowable Catch - the cap on annual harvest - that is responsible for preventing or ending overfishing, not how the TAC is divided or allocated to individual vessels/firms.  If a TAC is set above biological limits, then overfishing will likely occur, even with an IFQ program in place.

    The National Research Council pointed out this critical distinction: …‘IFQs are not primarily a biological conservation tool; the TAC and other management measures are the main conservation tools in IFQ-managed fisheries.’

    On January 15, 2009, NMFS recognized the primary conservation role of harvest caps through the issue of final guidance on Annual Catch Limits (ACLs are a cap akin to a TAC). These catch limits, set by government, are designed to help restore Federally managed marine fish stocks and end overfishing. It is clear that Federal managers do understand that catch limits are their primary conservation tool - not how the catch is divided.2  People are now trying to dilute this guidance through H.R. 1584 and S.1255 The Flexibility in Rebuilding American Fisheries Act.

    So now we know that IFQs are an economic allocation tool – to decide who gets the wealth generated from controlling access to catching public owned fish resources – we can examine how they can be structured to deliver on competing visions.

    One vision is of concentrated wealth - industrial fishing fleets and corporate ownership of access. The other is of shared wealth - small-scale eco-friendly fleets and public ownership of access. The critical policy choice here is between privatization (industrial model will result) or robust public management (eco-friendly model will result).

    Under each model there are a number of details that must critically be thought through before we can hail catch shares as the solution to anything.  These considerations include the limits on how many shares any entity can possess to ward against market control, limits on transferability to ensure that only fishermen can control shares to ward against hedge-fund types, limits on the duration of shares to ensure we can change agreements over time, and thinking about how to capture royalties to fund the programs and better fishery management.

    Catch-share systems, as currently designed privatize fisheries by granting harvesting privileges that are permanent, exclusive, and tradable.  Such privatization often leads to the consolidation and corporate control of publicly owned fish resources. In New Zealand, consolidation has reached the point that 10 major companies now control about 90 percent of the quotas; of those, four control about 72 percent.  Iceland is presently trying to figure out how to buy back all their privatized fisheries after experiencing decades of community outrage at job losses and corporate control.

    Dr. Bratspies claims, “There are simply too many boats chasing too few fish.”  However, consolidating the fishing sector to accommodate this logic does not necessarily solve the overfishing dilemma. 

    Consolidation often abandons those smaller fishing operations that pride themselves on environmentally friendly practices like hook and line fishing (a practice in which little, if any, bycatch is produced).  Instead, “immense floating fish processing factories” are left on the water.  These larger vessels not only negatively impact critical habitats, like the ocean floor, but also often practice high grading where only the biggest and best quality fish are landed while the rest are discarded as bycatch.

    To enjoy the benefits of a market system on fish without such well-documented social and environmental problems associated with past catch-share privatization examples, careful attention must be paid to management goals and management tools alike.  I, like Dr. Bratspies, am not convinced that the currently proposed catch-share system can escape these problems. We must call for congressional oversight and ask the Obama Administration: if you have solved overfishing through Annual Catch Limits why privatize access to our fish resource and put thousands of independent working fishermen out of work for the benefit of corporate profits?

    (For more information, and to hear what the fishermen have to say, check out: http://www.foodandwaterwatch.org/fish/oceans-policy/ifqs)----1 National Research Council, Committee to Review individual Fishing Quotas, Sharing the Fish: Toward a National Policy on Individual Fishing Quotas (Commission on Geosciences, Environment and Resources Washington, D.C: National Academy Press, 1999), p.105
    2 National Marine Fisheries Service “Magnuson-Stevens Act Provisions; Annual Catch Limits; National Standard Guidelines, 50 CFR part 600” National Marine Fisheries Service website. http://www.nmfs.noaa.gov/msa2007/docs/acl_final_rule_as_signed_version.pdf

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