| Variable Type | Categorical |
|---|---|
| Variable Component Type | Actor |
| Variable Kind | Interaction |
| Theme | Institutions (learn about themes) |
| Projects | SESMAD, Fiji fisheries |
| Question | Which of the following characterizes the process by which property rights to extract or emit this resource were granted to this actor group? |
| Select Options | Based on historic extraction/emission rates, Based on current extraction/emission rates, Based on amount of land owned, Based on rights in another resource, Based on need, Based on political dynamics (power), Based on ethnic group, Based on gender, Based on nationality, Based on sale or auction, Based on random assignment or lottery |
| Unit | |
| Role | CommonsUser |
| Importance | Initial granting of rights is widely considered to influence the use of those rights. Rights granting processes that are viewed as more fair or legitimate may be more likely to be respected. Rights granting processes that are based on current or past uses may grandfather in historical practices, incentivizing increases in pollution or resource extraction levels, but may also protect vulnerable populations. |
| Definition | The rights granting process refers to the way in which any kind of right to extract or emit resources was conferred on rights holders. A number of kinds of processes are available as chocies: "Based on historic extraction/emission rates" refers to rights that are granted based on past levels of use - sometimes referred to as "grandfathering." "Based on current extraction/emission rates" refers to rights granted based on current levels of use. "Based on amount of land owned" refers to rights that are proportional to land ownership. "Based on rights to another commons" refers to rights granted based on other rights (not including those already mentioned). "Based on need" refers to rights granting processes that allocate rights based on need for the benefits derived from the rights to the commons. "Based on political dynamics (power)" refers to processes where rights are granted to those who have political influence or power over the rights granting process "Based on ethnic group" refers to rights allocated based on membership in a particular ethnic group. "Based on gender" refers to rights allocated based on gender. "Based on nationality" refers to rights grant processes that allocate rights primarily based on citizenship. "Based on sale or auction" refers to processes whereby original rights are sold or auctioned. "Based on random assignment or lottery" refers to processes whereby rights are assigned by lottery or random assignment. |
| Sectors |
Theory Usages
| Theory | Value Used |
|---|---|
| Decentralization and elite capture | Based on political dynamics (power) |
Associated Studies
| Study Citation |
|---|
Case Usages
| Case | Interaction Type | Component | Value Used | Explanation |
|---|---|---|---|---|
| Forests in Indonesia | Governance | Indonesian "Adat" Communities | This group had previously informally recognized rights denied to it by the dictatorship. | |
| Forests in Indonesia | Governance | Large Extractive Industries in Indonesia | Rights were granted during this period based on political connections to the central government. | |
| Forests in Indonesia | Governance | Indonesian "Adat" Communities | """Based on historic extraction/emission rates"" | To the extent that this group can be said to have formal rights, it is through legal recognition of customary law ("adat") which is based on historic usage. |
| Forests in Indonesia | Governance | Large Extractive Industries in Indonesia | Access to concessions appears to continue to be dominated by historical and current political patronage. | |
| Forests in Indonesia | Governance | Civil society organizations in Indonesia | this group does not possess rights | |
| Forests in Indonesia | Governance | Indonesian Local entrepreneurs | local political dynamics appear to play an important role in determining what rights (formal or informal) individuals have. | |
| Central California National Marine Sanctuaries | Governance | California Academic Researchers | Not Applicable | |
| Gulf of Nicoya, Costa Rica fisheries governance | Governance | Paquera-Tambor AMPR Costa Rica | ["", "Based on historic extraction/emission rates"] | |
| Montreal Protocol | Governance | Ozone Depleting Substance Industrial Producers | [] | Rights granting process varies by country. Most countries allocate rights to produce ODS first by considering the availability of substitutes for particular uses, and then use one or more additional methods to assign rights within sectors. |
| International Commission for the Protection of the Rhine (ICPR) | Governance | ICPR nations (1976-1986) | ||
| International Commission for the Protection of the Rhine (ICPR) | Governance | Rhine chemical firms | ||
| Great Barrier Reef Marine Park | Governance | GBR recreational fishers | Not applicable | |
| Great Barrier Reef Marine Park | Governance | GBR recreational fishers | Not Applicable | |
| Great Barrier Reef Marine Park | Governance | GBR commercial fishers | ||
| Great Barrier Reef Marine Park | Governance | GBR commercial fishers | ["Based on historic extraction/emission rates", "Based on current extraction/emission rates"] | Quotas adjusted in response to stock assessments and GBR outlook reports |
| Montreal Protocol | Governance | Ozone Depleting Substance Industrial Producers | Not Applicable | |
| Galapagos Marine Reserve (GMR) | Governance | Galapagos Artisan Fishermen | ["Based on nationality", "Based on sale or auction"] | Initially open, then cut off with Special Law to only Galapagos residents |
| Macquarie Island Marine Park | Governance | Australian Toothfish Fishers | [""] | |
| Galapagos Marine Reserve (GMR) | Governance | Galapagos Tourism Sector | ["Based on sale or auction"] | Permits are applied for and purchased http://www.galapagospark.org/nophprg.php?page=turismo_patentes |
| Wakatobi National Park | Governance | Wakatobi Bajau fishers | ["Based on historic extraction/emission rates", "Based on ethnic group"] | Bajau migrate across south-east Asia so not sure whether rights are also granted by nationality. Bajau normally considered as stateless stakeholders. |
| Wakatobi National Park | Governance | Wakatobi Bajau fishers | ["Based on need"] | May also be granted according to nationality though Bajao are often described as stateless stakeholders. |
| Wakatobi National Park | Governance | Wakatobi Bajau fishers | ["Based on historic extraction/emission rates", "Based on ethnic group"] | May also be granted according to nationality though Bajau are often described as stateless stakeholders. |
| Central California National Marine Sanctuaries | Governance | California Sanctuary Recreational Users | Not Applicable | |
| Central California National Marine Sanctuaries | Governance | California Academic Researchers | ["Based on need"] | Extraction only occurs for research purposes. |
| Falkland Islands squid | Governance | Patagonian Squid Trawlers | [""] | ITQs and possibly companies on register based on historic extraction, quotas now based on sale. Based on nationality as well. |
| Community A (Fiji fisheries) | Governance | Community A | Missing | |
| Community B (Fiji Fisheries) | Governance | Community B | Missing | |
| Community C (Fiji Fisheries) | Governance | Community C | Missing | |
| Raja Ampat (National Act No. 32 2004) | Governance | Raja Ampat Artisanal Fishers | ["Based on historic extraction/emission rates", "Based on ethnic group"] | |
| Raja Ampat (National Act No. 32 2004) | Governance | Raja Ampat Tourism | Not Applicable | |
| Raja Ampat (National Act No. 32 2004) | Governance | Raja Ampat Artisanal Fishers | ["Based on historic extraction/emission rates", "Based on amount of land owned", "Based on ethnic group"] | Based on traditional tenure, which also applied to the sea/reefs |
| Raja Ampat (National Act No. 32 2004) | Governance | Raja Ampat Artisanal Fishers | ["Based on ethnic group"] | Traditional rights |
| Svalbard Nature Reserves | Governance | Svalbard Tourism | Not Applicable | |
| Central California National Marine Sanctuaries | Governance | California Groundfish Fishermen | ["Based on historic extraction/emission rates"] | Quotas are determined by historical involvement in the fishery (CDFW Groundfish Central). |
| Community H (Fiji Fisheries) | Governance | Community H | Missing | |
| Great Barrier Reef Marine Park | Governance | GBR recreational fishers | ["Based on need"] | Bag limits are roughly based on subsistence allowances, though fishers could extract a bag everyday as they are not limited in how often they fish per year. |
| Community F (Fiji Fisheries) | Governance | Community F | Missing | |
| Great Australian Bight Marine Park (GABMP) (Commonwealth Waters) | Governance | GABMP (Commonwealth Waters) Commercial Fishers | Not Applicable | |
| Svalbard Nature Reserves | Governance | Svalbard Shrimp Fishers | ["Based on historic extraction/emission rates"] | Note: Norway chose to allocate rights based on historic extraction, partly because this could help reduce the amount other countries could fish in the area. Due to the Svalbard Treaty, all countries are entitled to equal economic access, but Norway is allowed to make the rules. Therefore, this rule is a way to partly exclude other countries from the fishery (which might be indirectly considered ‘Based on Ethnic Groups’). |
| Cenderwasih National Park | Governance | Cenderwasih fishers | ["Based on historic extraction/emission rates", "Based on ethnic group"] | Traditional rights |
| Great Australian Bight Marine Park (GABMP) (Commonwealth Waters) | Governance | GABMP (Commonwealth Waters) Commercial Fishers | ["Based on historic extraction/emission rates", "Based on current extraction/emission rates"] | Quotas adjusted in response to stock assessments. |
| Great Barrier Reef Marine Park | Governance | GBR commercial fishers | Not Applicable | |
| Macquarie Island Marine Park | Governance | Australian Toothfish Fishers | [""] | Rights are granted based on the quantity of hooks set |
| Heard and McDonald Islands Marine Reserve | Governance | Australian Toothfish Fishers | ["Based on current extraction/emission rates"] | Rights are granted on a per vessel basis. |
| Heard and McDonald Islands Marine Reserve | Governance | Australian Toothfish Fishers | Missing | |
| Great Australian Bight Marine Park (GABMP) (Commonwealth Waters) | Governance | GABMP (Commonwealth Waters) Commercial Fishers | ["Based on historic extraction/emission rates"] | |
| Svalbard Nature Reserves | Governance | Svalbard Tourism | Not Applicable | |
| Community D (Fiji Fisheries) | Governance | Community D | Missing | |
| Community E (Fiji Fisheries) | Governance | Community E | Missing | |
| Community G (Fiji Fisheries) | Governance | Community G | Missing | |
| Great Barrier Reef Marine Park | Governance | GBR commercial fishers | Not Applicable | |
| Seaflower MPA | Governance | Seaflower artisanal fishers | Not Applicable | |
| Seaflower MPA | Governance | Seaflower artisanal fishers | ["Based on ethnic group"] | Artisanal fishers are members of the Raizal ethnic group: they are" a national ethnic minority by Colombia and recognized as indigenous by the UN. Raizals descend from English settlers who started arriving in 1630 on the Seaflower (sister ship of the Mayflower), African slaves, and migrants from other Caribbean islands. They have a long sociocultural and economic history distinct from mainland Colombia. Besides having a different language, religion, and ethnicity, the archipelago's isolation meant that the people had a high level of self-determination for over 300 years, mostly controlling their natural resources and marine-based economy until the middle of the 20th century." (from MPA NEWS, Vol. 16, No. 5: REFLECTING ON MARINE TERRITORY: SEAFLOWER MPA, THE RAIZAL PEOPLE, AND THE INTERNATIONAL COURT OF JUSTICE). |
| Cenderwasih National Park | Governance | Cenderwasih fishers | ["Based on historic extraction/emission rates", "Based on ethnic group"] | Traditional rights |
| New Zealand squid | Governance | New Zealand Arrow Squid Fishers | [""] | Originally based on historical landings. Also based on nationality (quota must be owned by NZ company or individual). Now based on sale. |
| California squid | Governance | California market squid fishermen | [""] | First: based on historic extraction rates Now: based on sale Also based on nationality: Under the Bartlett Act it is unlawful for foreign-flag vessels "to engage in the taking of any Continental Shelf fishery resource which appertains to the United States except as provided in this chapter or as expressly provided by an international agreement to which the United States is a party." |
| Pond aquaculture on Lombok, Indonesia | Governance | Lombok aquaculture farmers | Missing | |
| Pond aquaculture on Lombok, Indonesia | Governance | Lombok aquaculture farmers | ||
| Caete-Teperacu Extractive Reserve (RESEX) in Braganca, Brazil | Governance | Association of Users in the Caete-Teperacu RESEX (ASSUREMACATA) in Brazil | Not Applicable | |
| Gili Trawangan Coastal Tourism | Governance | SCUBA diving businesses on Gili Trawangan | [""] | |
| Gili Trawangan Coastal Tourism | Governance | Gili Indah Dive Association (GIDA) | Missing | |
| Gulf of Nicoya, Costa Rica fisheries governance | Governance | Isla Caballo AMPR Costa Rica | ["", "Based on historic extraction/emission rates"] | |
| Gulf of Nicoya, Costa Rica fisheries governance | Governance | Palito-Montero AMPR Costa Rica | ["", "Based on historic extraction/emission rates"] |