Maarten Bavinck

The Spatially Splintered State: Myths and Realities in the Regulation of Marine Fisheries in Tamil Nadu, India

The spatial dimension of law is a neglected field of study. This article responds to suggestions that have been made to develop a ‘geography of law’, and investigates expressions of State-centred law regarding common pool natural resources. It asks how variations in law between lower-level territorial units are to be explained in situations where patterns of resource exploitation are similar and the overarching State proclaims an even approach. To explore these issues, the article focuses on a case study of Tamil Nadu marine fisheries. Comparing the reality of State regulation in different coastal districts, the author argues that the State occupies a relatively weak position vis-a-vis user groups, and strives to maximize its legitimacy by adapting to local political circumstances. The end result is a legal patchwork with strong spatial connotations.

Theorizing Governability – The Interactive Governance Perspective

This chapter presents the conceptual foundations of governability and interactive governance upon which it is based. Interactive governance is a theoretical perspective that emphasizes the governing roles of state, market and civil society. Interactions between these realms are argued to be an important factor in the success or failure of whatever governance takes place. Governability refers to the quality of governance in a societal field, such as fisheries. Diversity, complexity, dynamics and scale are argued to be major variables influencing the governability of societal systems and their three components: a system-to-be-governed, a governing system and a system of governing interactions mediating between the two.

Fisher regulations along the Coromandel coast: a case of collective control of common pool resources

A string of fishing communities along the east coast of India recently decided to ban the use of a new kind of fishing gear, a snail net, in spite of its obvious profitability. The logistics of this measure as well as the reasons which inspired it are investigated in this article. It is argued that the banning of gear is part of a customary system of fisheries regulation and is rooted in local perceptions of ecological interdependency as well as conceptions of social justice. The case demonstrates, for an old and important fishery, that decision-making structures within a community of common property users are suited for taking action towards what is perceived to be a collective good.

Avoiding Poverty: Distributing Wealth in Fisheries

Aquatic resources contribute to economic growth, food security, and the livelihoods of millions of fishers around the world. This is evidenced by the industrialization of capture fisheries in the twentieth century, which has generated enormous wealth. Rather than supporting a policy aimed at maximizing economic efficiency though, this chapter argues for the distribution of wealth among small-scale fishers. After all, the small-scale fisheries function as a safety valve for a host of rural poor, for whom alternative livelihoods are not available.

Job Satisfaction in Fisheries Compared

This article draws comparative lessons from seven job satisfaction studies on marine capture fishing that were recently carried out in nine countries and three geographical regions—Asia, Africa, and the Caribbean. The seven studies made use of an identical job satisfaction assessment tool and present information on a selection of métiers mainly in the small-scale and semi-industrial fishing sectors. The responses manifest statistically significant geographical variation. Multidimensional plots and cluster analyses lead the authors to identify three clusters: (1) Southeast Asian (Vietnam and Thailand); (2) Caribbean (Belize, Nicaragua, Dominican Republic) and (3) Afro-Indian (Senegal, Guinea Bissau, and India). Jamaica is a significant outlier. On a general level, the authors conclude that fishers who report that they are not interested in leaving the occupation of fishing score higher on three traditional job satisfaction scales—basic needs, social needs and self actualization. Those who say they would leave fishing for another occupation are younger, have less fishing experience and smaller households. The latter findings are of relevance with regard to the pressing need, felt by fisheries managers, to move fishers out of the fishery.

Conservation, conflict and the governance of fisher wellbeing: analysis of the establishment of the Gulf of Mannar National Park and Biosphere Reserve

This article examines one MPA—the Gulf of Mannar National Park and Biosphere Reserve—located in southern India, and four types of social conflict that have surrounded its establishment. Taking the strength of wellbeing aspirations as point of departure, we focus on two themes: the implications of MPA embeddedness in wider societal systems, and the consequences of natural and social variety for governance. We conclude first of all that conflict resolution depends on MPA authorities’ willingness to engage with the interferences that emerge from outside the MPA area. Secondly, we point out the varying wellbeing aspirations of the population and the need to develop governance partnerships. The latter are argued to contribute to more balanced decision making, as well as to a greater appreciation among the target population of the ‘fairness’ of MPA policy.

The Megaengineering of Ocean Fisheries: A Century of Expansion and Rapidly Closing Frontiers

The industrialization of the world’s capture fisheries, also known as the blue revolution, took place in two phases. The first phase of fisheries development took place in Europe and North America in the first half of the 20th century. Post-colonial governments in Asia, Africa and Latin America instigated the second phase after WWII. This chapter investigates the parameters of the industrialization process taking place in fisheries, by making use of historical chronicles on the fisheries of California and Southeast Asia. It pays specific attention to the technology which underlies industrialization, and to the distant water fleets that represent its summit. I argue that although the blue revolution has evolved from myriad centers and was only partially blueprinted, the process as it has unfolded over the globe has many similar features and impacts. Industrialization of capture fisheries has resulted in both the generation of significant wealth and improved food security. Its shadow side, however, is unprecedented ecological destruction. The urgent challenge is now to devise governance regimes which contain further damage and contribute toward ecological restoration.

Introduction to the Special Issue on Job Satisfaction in Fisheries in the Global South

The job satisfaction of capture fishers is of more than sectoral interest. On a practical level the relevance is as follows: capture fishing is known to contribute in a major way to the degradation of the world’s oceans (Millenium Ecosystem Assessment 2005), and could possibly be relieved if fishers are induced to move out of fishing (Pauly et al. 1989). Whether fishers are actually inclined to do so or not, however, depends at least partially on their levels of job satisfaction. Comparative studies of job satisfaction—as attempted in this special issue—throw light on the extent to which fishers are attached to their work and are willing to give it up for alternative professions. More specifically, such studies provide evidence of labor conditions in a profession known to be exceptionally tough and even dangerous (ICSF 2003).

Building Resilience: Fisheries Cooperatives in Southern Sri Lanka

Among the many models proposed to address vulnerability and poverty in fisheries, this chapter takes a social capital approach. It focuses particularly on the role of cooperatives in providing small-scale fishers with linking social capital. The latter allows for the transfer of resources from other societal levels, such as government. The chapter is based on a study carried out in two landing centers in the Hambantota District of southern Sri Lanka. Fishers in this region suffer major problems as a result of weakly developed credit, product and insurance markets, increasing costs of fishing equipment, and deficient educational and training services. Cooperatives have played a positive role in all these fields, improving the resilience of small-scale fishing households significantly. Two qualifications are, however, in order. The first is that not all fishing cooperatives in Sri Lanka function effectively. The research sample, which contrasted a well-functioning with a weakly functioning cooperative, demonstrates the range of results available. Second, cooperatives have been more oriented toward promoting welfare than toward resource conservation, and have contributed to a potentially harmful increase of fishing effort. In order to remain successful over the long term, cooperative leaders will need to start paying attention to resource governance.

Transboundary Dialogues and the ‘Politics of Scale’ in Palk Bay Fisheries: Brothers at Sea?

This article examines how the politics of scale affect a process of dialogue led by civil society actors over fishing conflicts taking place at the local level in South Asia. The location is the Palk Bay and the fishers are Tamils from India and Sri Lanka. An agreement over fishing rights reached between these fishers in August 2010 remains largely unimplemented, but takes centre stage for this article, which examines the negotiation processes in terms of politics of scale and highlights the various difficulties encountered. Major pitfalls in a dialogue of this sort are the failure to recognise diversity within the population(s) involved and lack of recognition of the linkages of this population with other actors at different scales or levels. In a transboundary context, national and regional identities at times override local identity and interests, thereby making locally constructed solutions difficult, if not impossible, to implement.