Natural Resources Law Commons^™

A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman

Sustainable Use of the West's Water (Summer Conference, June 12-14)

47 pages.

Contains footnotes.

Behind The Cod Curtain: A Perspective On The Political Economy Of The Atlantic Groundfish Fishery, D Leslie Burke, Leo Brander

Dalhousie Law Journal

This article addresses the collapse of Atlantic groundfish stocks in terms of its significant social and economic impact. How had so many people become dependent on this modest resource? What circumstances contributed to creating a hidden underemployed class in the fishing industry? The analysis adds to the thesis that public support of unproductive industry and income support systems underlie the current crisis, creating barriers to a viable future for the Atlantic Fishery. The authors draw on comparisons with the economy of the former Soviet Union where central planning of an economy based on state owned common property failed to harness …

Preface, Dawn A. Russell, Moira L. Mcconnell

Dalhousie Law Journal

As guest editors we are privileged to have the opportunity to create this special edition of the Dalhousie Law Journal. It is special for a number of reasons. First, the contributions reflect a specific decision on our part to explore the nature and meaning of events being experienced in Atlantic Canada's fishery from a variety of perspectives, of which law, traditionally privileged in law journals for its explanation of events, is perhaps the least important. Secondly the authors, many of whom are people who would not ordinarily write for legal publications, were given express carte blanche to contribute "think pieces" …

The Collapse Of The Northern Cod Fishery: A Historical Perspective, Graham D. Taylor

Dalhousie Law Journal

Although the collapse of Atlantic Canada's northern cod fishery may have been unexpected in terms of its rapidity, it is not an isolated or inexplicable event. This paper reviews the major factors affecting the cod fishery crisis (and other natural resource disasters of the 20th century) including: (1) the rapid development of technologies of resource exploitation; (2) the inadequacy of international measures to conserve and regulate the fishery; (3) limitations on scientific capabilities to manage the fishery; and (4) a cultural climate that emphasized economic growth above other values. The paper assesses the prospects for recovery of the fishery in …

Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews

Dalhousie Law Journal

This paper applies a "social constructionist" position to an understanding of the nature of fisheries management policy. It argues that both the way in which we view "nature" and the way in which we view such natural resources of the fishery are "socially constructed" in terms of particular value orientations and the interests that these represent. In particular, it examines the value orientations related to the social construction of the fishery as a biological, social, or economic resource, as well as the social constructions involved in regarding the fishery as either common property or a common heritage. It also argues …

Lost Moorings: Offshore Fishing Families Coping With The Fisheries Crisis, Marian Binkley

Dalhousie Law Journal

The fisheries crisis has severely affected the families of offshore fishermen. In Nova Scotia, offshore fishermen normally spent ten to fourteen days continuously at sea and as little as forty-eight hours on shore between voyages. The fishermen and their families adopted strategies to cope with that work schedule. This paper focuses on how these previously beneficial adaptations conflict with the new situation these families now face when many men have been laid off or had their work reduced.

To Manage Quotas Or Manage Fisheries? The Root Cause Of Mismanagement Of Canada's Groundfish Fishery, Peter Underwood

Dalhousie Law Journal

The collapse of the Atlantic groundfish fishery is the result of a complex combination of factors including scientific uncertainties, overfishing, poor results in capacity control, and ecological conditions. It is argued that the root cause of the collapse is that the foundation of groundfish management since 1977 has been single species quotas rather than a sound set of principles for fisheries resource husbandry. The implications of this for science, management, and the fish are discussed and a principle based management structure is proposed.