Ocean Zoning and Spatial Access Privileges: Rewriting the Tragedy of the Regulated Ocean

NYU Environmental Law Journal, Vol. 17, No. 1, 2008

Breaking the Logjam: Environmental Reform for the New Congress and Administration Paper

23 Pages Posted: 25 Mar 2009

See all articles by Josh Eagle

Josh Eagle

University of South Carolina - School of Law

James N. Sanchirico

University of California, Davis - Environmental Science and Policy; Resources for the Future; Motu Economic and Public Policy Research Trust

Barton H. Thompson

Stanford Law School

Abstract

For the past thirty years, the Magnuson-Stevens Fishery Conservation and Management Act has served as the primary legislative mechanism for conserving fish populations in United States marine waters. Although amended in 1996, the Act is still far from achieving Congress's goal of sustainable fisheries, as the social costs of fishing continue to outweigh the benefits. In this article, the authors describe the ways in which comprehensive ocean zoning could help remove the logjam that currently plagues ocean management. Under ocean zoning, the government would divide all or some of the ocean under its jurisdiction into a number of different zones or areas and then prescribe what uses of the ocean could be made in each zone. The authors argue that this would create a framework for both the re-alignment of industry incentives as well as the attainment of the broader goal of healthier ocean ecosystems by leading the interests assigned to those areas to develop a sense of group property rights that will improve inter-group relations.

Suggested Citation

Eagle, Josh and Sanchirico, James N. and Thompson, Barton H., Ocean Zoning and Spatial Access Privileges: Rewriting the Tragedy of the Regulated Ocean. NYU Environmental Law Journal, Vol. 17, No. 1, 2008, Breaking the Logjam: Environmental Reform for the New Congress and Administration Paper, Available at SSRN: https://ssrn.com/abstract=1367863

Josh Eagle (Contact Author)

University of South Carolina - School of Law ( email )

Main & Greene Streets
Columbia, SC SC 29208
United States
803-777-2486 (Phone)

James N. Sanchirico

University of California, Davis - Environmental Science and Policy ( email )

One Shields Avenue
Apt 153
Davis, CA 95616
United States
(530) 754-9883 (Phone)
(530) 752-3350 (Fax)

HOME PAGE: http://www.des.ucdavis.edu/faculty/Sanchirico.html

Resources for the Future ( email )

1616 P Street, NW
Washington, DC 20036
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Motu Economic and Public Policy Research Trust ( email )

Level 1, 93 Cuba Street
P.O. Box 24390
Wellington, 6142
New Zealand

Barton H. Thompson

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
650-723-2518 (Phone)
650-725-8509 (Fax)

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