Journal articles: 'Customary marine tenure'

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Rouja, Philippe Max, Nicolas Peterson, and Bruce Rigsby. "Customary Marine Tenure in Australia." Journal of the Royal Anthropological Institute 5, no. 3 (September 1999): 470. http://dx.doi.org/10.2307/2661289.

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Holzknecht, Hartmut, Nicholas Peterson, and Bruce Rigsby. "Customary Marine Tenure in Australia." Pacific Affairs 73, no. 1 (2000): 151. http://dx.doi.org/10.2307/2672323.

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RUDDLE, K., E. HVIDING, and R. E. JOHANNES. "Marine Resources Management in the Context of Customary Tenure." Marine Resource Economics 7, no. 4 (December 1992): 249–73. http://dx.doi.org/10.1086/mre.7.4.42629038.

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Prasetyo, Kanyadibya Cendana. "Mencegah â€œTragedy of The Commonsâ€ Di Teluk Sawai dengan Sasi pada Era Otonomi Daerah." Journal of Governance Innovation 1, no. 1 (April 18, 2019): 13–29. http://dx.doi.org/10.36636/jogiv.v1i1.294.

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Abstrak Sejak era otonomi daerah, setiap daerah memiliki kewenangan untuk mengelola dan memanfaatkan sumber daya di daerahnya, termasuk sumber daya kelautan dan perikanan. Adanya otonomi daerah juga berimplikasi pada peran serta masyarakat lokal sesuai dengan adat istiadat yang berlaku, termasuk hak ulayat laut yang dikelola adat (Customary Marine Tenure / CMT). Praktik-praktik CMT yang ada menunjukkan bahwa CMT dapat memberikan solusi terhadap masalah-masalah perikanan, termasuk mencegah munculnya tragedy of the commons yang mengakibatkan hilangnya spesies ikan. Di Kepulauan Maluku dan Papua, salah satu praktik CMT tersebut adalah hukum adat sasi laut yang berisi peraturan dan larangan dalam memanfaatkan sumber daya laut. Jika ditinjau lebih dalam, sasi laut dapat menjadi salah satu upaya tata kelola kelautan dan perikanan yang berbasis partisipasi masyarakat lokal dan memiliki prinsip berkelanjutan. Selain itu, pelaksanaan sasi laut juga membutuhkan dukungan dari pemerintah pusat dan pemerintah daerah agar keberadaannya dapat membawa manfaat bagi masyarakat, mendukung keberlanjutan sumber daya perikanan dan kelautan, dan menjaga keanekaragaman hayati. Kata kunci: sasi laut, hak ulayat laut, pengelolaan perikanan, pemerintahan daerah Abstract Since the era of regional autonomy, each region has the authority to manage and use the resources in its area, including marine and fisheries resources. The existence of regional autonomy also has implications for the participation of local communities in accordance with prevailing customs, including Customary Marine Tenure (CMT). CMT practices show that CMT can provide solutions to fisheries problems, including preventing the tragedy of the commons that could extinct fish species. In the Maluku Islands and Papua, one of the CMT practices is a customary law called marine sasi which contains rules and prohibitions in utilizing marine resources. Marine sasi is one of the efforts to regulate marine and aquaculture based on the participation of local communities and on the principles of sustainability. In addition, the implementation of marine sasi also requires support from the central government and local governments to be able to provide benefits to the community, support the sustainability of fisheries and marine resources, and support biodiversity. Keywords: marine sasi, Customary Marine Tenure, fisheries management, local governance

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Otto, Ton. "Baitfish royalties and customary marine tenure in Manus, Papua New Guinea." Anthropological Forum 7, no. 4 (January 1997): 667–90. http://dx.doi.org/10.1080/00664677.1997.9967479.

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Asafu‐Adjaye, John. "Customary marine tenure systems and sustainable fisheries management in Papua New Guinea." International Journal of Social Economics 27, no. 7/8/9/10 (July 2000): 917–27. http://dx.doi.org/10.1108/03068290010336856.

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Carlisle, Keith M., and Rebecca L. Gruby. "Customary Marine Tenure in Palau: Social Function and Implications for Fishery Policy." Human Ecology 47, no. 4 (July 26, 2019): 527–39. http://dx.doi.org/10.1007/s10745-019-00094-8.

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Lam, Michelle. "Consideration of customary marine tenure system in the establishment of marine protected areas in the South Pacific." Ocean & Coastal Management 39, no. 1-2 (April 1998): 97–104. http://dx.doi.org/10.1016/s0964-5691(98)00017-9.

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Aswani, Shankar. "Socioecological Approaches for Combining Ecosystem-Based and Customary Management in Oceania." Journal of Marine Biology 2011 (2011): 1–13. http://dx.doi.org/10.1155/2011/845385.

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This paper summarizes various integrated methodological approaches for studying Customary Management for the purpose of designing hybrid CM-Ecosystem-Based Management (EBM) systems in Oceania. Using marine conservation in the Western Solomon Islands as an example, the paper illustrates various interdisciplinary human ecological methods that can assist in designing hybrid conservation programs. The study of human-environmental interactions from a socio-ecological perspective allows us to discern people's understanding of their immediate environment, differential forms of local resource governance and use (e.g., sea tenure and foraging strategies), and existing conflicts between various stakeholders, among other social and ecological factors. More generally, the paper shows how coupled studies of natural and social processes can foster management regimes that are more adaptive and effective and that move toward holistic, ecosystem-based marine conservation in the Pacific Island region.

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Mooney, Henry N., Miguel A. Cárdenas Jr, and Miguel A. Cárdenas. "An assessment of the roles of tenure and inclusion in conflict mediation at Cabo Pulmo National Park, Mexico." International Journal of Development Issues 20, no. 3 (June 16, 2021): 309–25. http://dx.doi.org/10.1108/ijdi-12-2020-0268.

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Purpose This study aims to unify phenomena in academic and grey literature into a theory of marine spatial disappropriation based on geopolitical relationships. It is argued that conflict over marine space arises as a result of top-down sovereign control of marine resources, and that the recognition of marine tenure and greater inclusivity in marine development* decision-making would lessen conflict between users, such as artisanal fishermen and ecotourism businesses. Design/methodology/approach A preliminary literature review was conducted, followed by a research study at Cabo Pulmo National Park (CPNP) in Baja California Sur, Mexico. Findings The results demonstrate that though CPNP's tenure structure is unique and inclusivity is an element of its management, the degree to which it is practiced is not sufficient to eliminate the chance of eventual disappropriation and ensuing conflict. Practical implications The results of this assessment can be used to strengthen the argument in favour of developing stronger requirements for deliberative democratic decision-making in marine delineation, as well as bolder social performance standards in marine development industries. Originality/value Research on socio-environmental revolutions are not new, but the authors contest that they are not alone a sufficient condition for achieving reduced conflict long-term. Instead, the originality of this research lies in its exploration of the importance of customary and formal tenure over marine resources, and its suggestion that this on the whole reduces conflict between exclusive and competing interests. One popular alternative, as demonstrated in numerous cases around the globe, can often be the marginalization of small-scale ocean users through the forceful appropriation of ocean resources.

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Wilson, David. "European colonisation, law, and Indigenous marine dispossession: historical perspectives on the construction and entrenchment of unequal marine governance." Maritime Studies 20, no. 4 (November 4, 2021): 387–407. http://dx.doi.org/10.1007/s40152-021-00233-2.

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AbstractEuropean colonisation played a fundamental role in Indigenous marine dispossession and the entrenchment of unequal and state-dominated marine governance regimes across diverse bodies of water. This article charts this process, utilising examples from waters and communities across the globe that experienced disparate forms of European colonisation and marine dispossession. These examples span between the sixteenth and twenty-first centuries and traverse waters from the Caribbean to Oceania. This long historical context is necessary to interrogating how colonisation has produced unequal access to marine space, resources, and decision-making in different ways through different methods across time and space, which continues to this day. One of the article’s main contentions is that marine dispossession played out vastly differently across each locale and that it is only with deep and highly localised historical study that the heterogenous impacts and ongoing legacies of colonisation on the marine rights, governance, and access of specific Indigenous Peoples and local communities can begin to be grappled with. While the rights of Indigenous Peoples and local communities to marine spaces and resources have received some affirmation within recent international legal instruments, including the protection of customary marine tenure and access to aquatic resources, there continues to be key constraints surrounding the definitions, representations, and jurisdictions of Indigenous or ‘customary’ marine rights as they have been codified or ‘recognised’ within national and interstate frameworks. This has led to fundamental challenges that need to be navigated time and time again in order to attain, claim, or protect Indigenous and ‘customary’ marine jurisdictions. As this article outlines, the emergence of these issues is intrinsically tied to the colonisation of terrestrial and marine spaces. To understand these ongoing struggles, we need to pay close attention to the deep entanglements of law, colonialism, and marine rights in the past and present.

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Tsiouvalas, Apostolos. "Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms." Yearbook of Polar Law Online 11, no. 1 (April 3, 2020): 245–72. http://dx.doi.org/10.1163/22116427_011010013.

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While legal progress on Indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization, the doctrine of mare nullius declared seas vacant of Indigenous tenure or authority and led to the establishment of sovereign State jurisdiction over offshore areas, and more recently to the characterization of the living resources in these waters as accessible for each State’s citizens. In Norway, colonialism was not characterized by transoceanic settlement. The concept of establishing sovereignty in offshore areas attached to the land, however, had the same basis as the European colonies in America or Oceania. In this context, the acknowledgement of the marine living resources in the waters attached to the land as common goods for all Norwegian citizens adversely affected the Coastal Sámi Indigenous peoples, who exclusively and since time immemorial managed the wild marine living resources based on customary systems of marine tenure. Additionally, due to increased regulations over the past few decades, it has become difficult for the Coastal Sámi to continue their traditional way of living. Still, legislation and recommendations on Indigenous participation in marine resource management exist and derive from both Norwegian and international law. However, despite the established legal framework, Coastal Sami participation in marine resource management is often questioned. It has been argued that the most appropriate way to ensure Indigenous inclusion in marine resource management is to look at the reverse side of the coin, exploring Indigenous tenure, legal traditions and knowledge, and accommodate them within State law. This project aims, through ethnographic fieldwork and literature analysis, to discuss the current status of Coastal Sámi fisheries in the communities of Troms County, and illustrate local conceptions of marine resource management among the project participants.

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Wendt, Hans K., Rebecca Weeks, James Comley, and William Aalbersberg. "Systematic conservation planning within a Fijian customary governance context." Pacific Conservation Biology 22, no. 2 (2016): 173. http://dx.doi.org/10.1071/pc16001.

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Although conservation planning research has influenced conservation actions globally in the last two decades, successful implementation of systematic conservation plans in regions where customary marine tenure exists has been minimal. In such regions, local community knowledge and understanding of socioeconomic realities may offer the best spatially explicit information for analysis, since required socioeconomic data are not available at scales relevant to conservation planning. Here we describe the process undertaken by the Kadavu Yaubula Management Support Team, a team of researchers from The University of the South Pacific and the local communities to assess whether systematic conservation planning tools can be effectively applied and useful in a customary governance context, using a case study from Fiji. Through a participatory approach and with the aim of meeting local-scale conservation and fisheries needs, a spatial conservation planning tool, Marxan with Zones, was used to reconfigure a collection of locally designed marine protected areas in the province of Kadavu in order to achieve broader objectives. At the local scale, the real value of such tools has been in the process of identifying and conceptualising management issues, working with communities to collate data through participatory techniques, and in engaging communities in management decision making. The output and use of the tool has been of secondary value. The outcome was invaluable for developing marine protected area network design approaches that combine traditional knowledge with ecological features in a manner appropriate to a Melanesian context.

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ASWANI, SHANKAR, and RICHARD J. HAMILTON. "Integrating indigenous ecological knowledge and customary sea tenure with marine and social science for conservation of bumphead parrotfish (Bolbometopon muricatum) in the Roviana Lagoon, Solomon Islands." Environmental Conservation 31, no. 1 (March 2004): 69–83. http://dx.doi.org/10.1017/s037689290400116x.

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Indigenous ecological knowledge and customary sea tenure may be integrated with marine and social science to conserve the bumphead parrotfish (Bolbometopon muricatum) in the Roviana Lagoon, Western Solomon Islands. Three aspects of indigenous ecological knowledge in Roviana were identified as most relevant for the management and conservation of bumphead parrotfish, and studied through a combination of marine science and anthropological methods. These were (1) local claims that fishing pressure has had a significant impact on bumphead parrotfish populations in the Roviana Lagoon; (2) the claim that only small bumphead parrotfish were ever seen or captured in the inner lagoon and that very small fish were restricted to specific shallow inner-lagoon nursery regions; and (3) assertions made by local divers that bumphead parrotfish predominantly aggregated at night around the new moon period and that catches were highest at that time. The research supported claims (1) and (2), but did not support proposition (3). Although the people of the Roviana Lagoon had similar conceptions about their entitlement rights to sea space, there were marked differences among regional villages in their opinions regarding governance and actual operational rules of management in the Lagoon. Contemporary differences in management strategies resulted from people's historical and spatial patterns of settlement across the landscape and adjoining seascapes, and the attendant impact of these patterns on property relations. This was crucial in distinguishing between those villages that held secure tenure over their contiguous sea estates from those that did not. Indigenous ecological knowledge served to (1) verify that the bumphead parrotfish was a species in urgent need of protection; (2) explain how different habitats structured the size distribution of bumphead parrotfish; (3) identify sensitive locations and habitats in need of protection; and (4) explain the effect of lunar periodicity on bumphead parrotfish behaviour and catch rates. Secure customary sea tenure identified locations best suited to bumphead parrotfish management programmes, with a greater likelihood for local participation and programme success. The information was used to establish two marine protected areas in the region for bumphead parrotfish conservation.

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Syakur, A., J. T. Wibowo, F. Firmansyah, I. Azam, and M. Linkie. "Ensuring local stakeholder support for marine conservation: establishing a locally-managed marine area network in Aceh." Oryx 46, no. 4 (October 2012): 516–24. http://dx.doi.org/10.1017/s0030605312000166.

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AbstractMultidisciplinary approaches to managing seascapes are increasingly being recognized as best practice and therefore prioritized by conservation agencies. For most coastal areas the strengthening of customary marine tenure, rules and regulations should yield even greater biodiversity and livelihood benefits. Here, we present the conservation planning results from a locally-managed marine area programme initiated by the Government of Aceh, Indonesia, which aimed to empower coastal communities to sustainably and equitably manage marine resources with local government. In 2008 the government established a Marine and Fisheries Task Force to identify priority areas for marine biodiversity (through systematic conservation planning) and coastal communities (through participatory planning). In addition to the existing 264,788 ha of marine management units, systematic planning identified another 53,372 ha. However, the subsequent stakeholder participation phase, involving intensive local consultations, further expanded the locally-managed marine area network by 6,725 ha and to a total of 23 locally-managed marine areas. This combined approach had additional benefits because it generated a strong sense of local ownership. For communities it initiated a process for recognizing their customary claimed areas and resolved overlapping boundaries between neighbouring communities, thereby reducing the likelihood of future conflicts over natural resource use. For government, it provided the basis of a robust governance system, with 34 new or revised decrees being completed and an additional USD 1.6 million being allocated for implementation of locally-managed marine areas. This participatory approach should considerably increase the successful delivery of a sustainable and equitable locally-managed marine area network for Aceh, which has wide application for the South-east Asian region and beyond.

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Thomas, Frank R. "‘taming the lagoon’: aquaculture development and the future of customary marine tenure in kiribati, central pacific." Geografiska Annaler: Series B, Human Geography 85, no. 4 (December 2003): 243–52. http://dx.doi.org/10.1111/j.0435-3684.2003.00146.x.

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Foster, Kevin B., and John J. Poggie. "Customary marine tenure and mariculture management in outlying communities of Pohnpie State, Federated States of Micronesia." Ocean & Coastal Management 20, no. 1 (January 1993): 1–22. http://dx.doi.org/10.1016/0964-5691(93)90010-v.

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Tjoanda, Merry. "The expansion and existence of the indigenous rights of sea in indigenous villages (review of the customary right of coastal and marine areas of Halong state)." Journal of Cultural Heritage Management and Sustainable Development 10, no. 3 (February 23, 2020): 209–16. http://dx.doi.org/10.1108/jchmsd-05-2018-0034.

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PurposeTo know the control of Halong State against coastal and marine areas in the area that has been divided into Latta village and Lateri urban villages.Design/methodology/approachThis type of writing of research is in the field of law, so the research method used is juridical normative, by using the approach of legislation and conceptual approach, intending to answer the temporary problem issues encountered.FindingsArticle 18B paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia is the constitutional basis of the state's recognition of the unity of indigenous and tribal peoples based on their traditional rights. One of the rights of customary law community is the control over its territory, which is called indigenous rights for both land and coastal and sea. In its development, there are some areas of indigenous village released for villages' formation or villages in coastal and marine areas. However, the expansion of indigenous villages did not affect the loss of customary village tenure to the Indigenous rights of coastal and marine areas in the area of a village or urban village which was expanded from a custom village.Originality/valueRelated to this Halong State in Ambon City is one of the indigenous villages which occupies the area within the bay of Ambon Island which has the right of customary law community area in the land area, and has a sea fishing territory. In its development, part of Halong State has been divided into a village and urban village, namely Lata Village and Lateri Urban Village. Latta village and Lateri village are also located in the coastal area of Ambon Bay. The problem that arises from the division is whether the coastal areas and the sea in Latta and Lateri villages remain part of the Halong state territory or not.

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CLARKE, PEPE, and STACY D. JUPITER. "Law, custom and community-based natural resource management in Kubulau District (Fiji)." Environmental Conservation 37, no. 1 (March 2010): 98–106. http://dx.doi.org/10.1017/s0376892910000354.

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SUMMARYNational laws and institutions interact with local governance systems to encourage CBNRM in some cases while creating conflict in others. A case study of Kubulau District (Bua Province, Fiji) illustrates the challenges and successes of implementing traditional community-based natural resource management (CBNRM) within a pluralist legal and institutional context. In 2005, the communities of Kubulau established a network of protected areas, including 17 traditional closures (tabu), three no-take district marine reserves, a legally–declared forest reserve and a proposed forest reserve, managed under an integrated ‘ridge-to-reef’ plan. Marine and terrestrial areas in Kubulau illustrate synergies and discord between national laws and community management rules, and provide examples of management success and conflict. Key components influencing diverse management outcomes in Kubulau include (1) the legal status of customary resource tenure, (2) incorporation of local knowledge, traditions and priorities, (3) clearly articulated relationships between local decision-making processes and government regulation, and (4) perceived equity in distribution of management benefits. Legal and institutional reforms are proposed to improve management of natural resources in Fiji.

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Outeiro, Luis, Claudio Gajardo, Hugo Oyarzo, Francisco Ther, Patricio Cornejo, Sebastian Villasante, and Leticia Bas Ventine. "Framing local ecological knowledge to value marine ecosystem services for the customary sea tenure of aboriginal communities in southern Chile." Ecosystem Services 16 (December 2015): 354–64. http://dx.doi.org/10.1016/j.ecoser.2015.04.004.

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Coulthard, Sarah. "More than just access to fish: The pros and cons of fisher participation in a customary marine tenure (Padu) system under pressure." Marine Policy 35, no. 3 (May 2011): 405–12. http://dx.doi.org/10.1016/j.marpol.2010.11.006.

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Berkes, Fikret. "Fishermen and ‘The Tragedy of the Commons’." Environmental Conservation 12, no. 3 (1985): 199–206. http://dx.doi.org/10.1017/s0376892900015939.

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Fish populations are classical examples of commonproperty resources and tend to decline over time. According to the conventional wisdom, they decline through a process popularly known as ‘the tragedy of the commons’, whereby selfish users are locked into a deterministic mechanism in which they are both the villains and the victims. However, the commons paradigm is not the model of reality for all fisheries. There are many sustainable fisheries, and detailed studies of some of them indicate that they do not fit the commons paradigm because there are factors which violate some of the hidden assumptions of the commons paradigm.In many community-based and small-scale fisheries, there are unwritten regulations or customary laws that prevent individuals from maximizing their private gains at the expense of community interests. Far from being owned by no one and freely open to any user, many of the fish stocks of the world are under claims of ownership by communities of fishermen who exercise use-rights and who control access to the resource. As seen in examples from Oceania and North America's west coast, open-access and common property conditions were created, and the ‘tragedy’ started only after the destruction of such traditional marine tenure systems.

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Cinner, Joshua. "Socioeconomic Factors Influencing Customary Marine Tenure in the Indo-Pacific." Ecology and Society 10, no. 1 (2005). http://dx.doi.org/10.5751/es-01364-100136.

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Ramenzoni, Victoria C. "Co-governance, Transregional Maritime Conventions, and Indigenous Customary Practices Among Subsistence Fishermen in Ende, Indonesia." Frontiers in Marine Science 8 (July 28, 2021). http://dx.doi.org/10.3389/fmars.2021.668586.

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This article presents a case study of a fishery in the port-town community of Ende, Flores, a former littoral hub located at the periphery of major commercial systems in the Indo-Pacific region. The article argues that more attention be paid to the role of transregional maritime networks, nautical conventions, and navigational practices embedded within local tenure systems to understand the apparent absence of formal control of marine and coastal resources. Through ethnographic and archival research, this study identifies the presence of indigenous institutions for fishing grounds regulation and documents the existence of broader transregional norms dictating proper fishing and navigation. Exploring the interactions between more pluralistic customary systems that exist in port-towns such as Ende and recent fishery development policies, the article discusses some of the obstacles to implementing sustainable co-management strategies. While the Indonesian central government is strongly promoting co-governance approaches for resource management, these institutional models are based on geographically narrow definitions of tradition and customary law which can lead to management failures, such as elite capture and local fishers’ disenfranchisement. In this case, policies emphasize the formation of cooperative groups without considering transregional beliefs about independence and pre-established systems of obligations. As a result, disputes among the fishermen, conflicts with local fishery officers, and the use of non-sustainable practices continue. For example, embodying predominant Southeast Asian beliefs, Endenese are known for their entrepreneurial nature and strong self-sufficiency ethos. Yet, these notions are ignored by local government agencies that view the fishermen as selfish and disorganized. In order to formulate true participatory solutions, a careful assessment of the role played by transregional perspectives that go beyond geographically localized understandings of customary practices is needed. The article concludes with a consideration of the role played by decentralization processes, subsidies, and aid programs in entrenching poverty and inequality among local communities.

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Journal articles on the topic 'Customary marine tenure'

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