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Challenging ITQs: Legal And Political Action In Iceland, Canada, And Chile

By Parzival Copes & Gísli Pálsson

ABSTRACT

While successful in effort rationalization, ITQs have been criticized for adverse social and biological impacts. Gratis quota allocations give windfall gains to the privileged few. Capitalization of quota rights at high values encourages their accumulation in the hands of corporations and wealthy investors. This facilitates financial and geographical concentration of fishing operations, with substitution of capital for labour causing job losses. High quota costs deprive crew members of the accustomed opportunity to become independent owner-operators by purchasing an affordable vessel with fishing privileges. Communities, historically dependent on adjacent fish stocks, find their economic viability threatened, when their resources are alienated to outsiders. ITQ systems waste resources and impair conservation through quota busting, high-grading, by-catch dumping, and rigid allocation rules.

Resistance to ITQs is expressed in litigation to have existing quota systems legally invalidated and in appeals to political authorities to deny authorization of new ITQ systems. This paper will explore and analyze counteraction to ITQs in three countries. In Iceland the Supreme Court recently declared the laws underlying ITQs unconstitutional, citing their violation of equity principles. New legislation supporting continuation of ITQs is also being challenged in court. A Canadian Senate Committee has issued a report noting adverse impacts of ITQs and calling for an interim freeze on ITQ authorizations. Several community and small-scale fishery organizations are actively resisting the spread of ITQ management. In Chile a coalition of artisanal fishers and environmentalists recently agitated successfully for a Senate Committee to abandon draft ITQ legislation.

KEYWORDS: ITQs, social equity, community impacts, conservation, legal action, political action, Iceland, Canada, Chile




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