Managing a Fishery Through Contract: Legal Issues Raised by Sector Operating Agreements in the New England Multispecies Fishery

Ocean & Coastal Law Journal, Vol. 14, No. 1, 2008

28 Pages Posted: 21 Oct 2010

See all articles by Rita S. Heimes

Rita S. Heimes

University of Maine - School of Law

Date Written: January 20, 2008

Abstract

New England boasts one of the most productive marine ecosystems in the world. It has a long and rich tradition of fishing and has supported large scale commercial fisheries for cod and other groundfish (e.g., haddock and flounder) for centuries. It also has a history of fishery management failure. Recently, the multispecies groundfish community has worked with regulators to adopt a community-based management system known as "sectors." Fisheries stakeholders met in 2008 to discuss these new management tools and the contractual issues that will arise as they are more widely adopted. This article summarizes the Sector Workshop’s proceedings by highlighting the major legal issues discussed at the meeting. It describes community-based management generally and sectors as a management tool for the New England multispecies fishery. It also discusses the legal issues to be resolved in sector operating agreements and reflects some of the specific concerns and suggestions raised by the workshop participants. It concludes with reflections on sectors as a management tool and provides information on resources for those in the New England multispecies fishing industry who are considering forming or joining a sector.

Suggested Citation

Heimes, Rita S., Managing a Fishery Through Contract: Legal Issues Raised by Sector Operating Agreements in the New England Multispecies Fishery (January 20, 2008). Ocean & Coastal Law Journal, Vol. 14, No. 1, 2008, Available at SSRN: https://ssrn.com/abstract=1695161

Rita S. Heimes (Contact Author)

University of Maine - School of Law ( email )

246 Deering Avenue
Portland, ME 04102
United States

HOME PAGE: http://www.lawandinnovation.org

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