Archive for the 'Property Rights' Category

Owning the Ocean

November 13, 2007

According to The Economist, fishermen in Spain are clamoring for the creation of a marine sanctuary in the middle of their fishing grounds. Their reasoning is that the undisturbed ecosystems in marine sanctuaries support the entire reproductive-cycle of the local marine wildlife. Thus, though the total fishable area shrinks, total catch becomes greater than if the entire area were fished and the catch becomes more sustainable from year to year.

I’m glad that fishermen are accepting that fishing practices have to change. The fundamental problem, however, has never been the fishermen; it has been the prohibition by governments on the recognition of private property rights in the ocean. Without private property rights, fishermen have no ability to preserve the fish for future use; each one can only hope to grab as much of the resource before competitors harvest the resource to exhaustion.

As much as I like the marine sanctuary idea, what about also creating private property rights in fish stocks via individual fishing quotas?  Here is an excerpt from a Wall Street Journal article describing IFQs:

The system, which already operates in New Zealand, Iceland and the Philippines, sets a limit on the total allowable catch of any fish (such as the New Zealand orange roughy). Within that total catch, quotas are established, either by auction or by gift to incumbent fishermen. These quotas are tradable among individual fishermen. This offers an escape clause for some fishermen who no longer operate economically. It encourages more successful fishermen to buy fishing rights and exercise their property rights responsibly by fishing within their quota and monitoring others to make sure they do so as well. It also encourages brokers to speed up transactions and even allows environmentalists to enter the market and buy (and retire) quotas if they believe stocks are being overfished.

The success of this system is astonishing. In New Zealand the “value of the fisheries have doubled in recent years,” says Roger Beattie, a fisherman from Christchurch. The value of Icelandic fisheries has also soared, according to studies by Hannes Gissuarson, an Iceland University political science professor. Perhaps more importantly, fishermen in both locations have voluntarily reduced their catch to ensure sufficient stocks to provide a future livelihood. “Because they have the property right to secure future benefit from the resource, they are prepared to wait — to optimize their returns” says Mr. Gissuarson.

IFQs not only reach a good result, but, if done properly, are consistent with the libertarian homesteading principle of property: whoever uses a resource first has title to it.  By recognizing that historical harvesters of a particular fish stock have title to specified amounts of that fish – and permitting a free market in these titles – we will foster a libertarian, prosperity-generating revolution on and in the seas.

More Thoughts on Property Rights and Pollution

September 7, 2007

Yesterday I posted about returning to a property-rights approach to analyzing pollution. Continuing on that theme, let’s suppose that Congress abolishes all federal environmental laws and regulations (including the right-to-pollute paradigm enforced by the EPA), and that the states, given this new lack of federal preemption, all decide to treat pollution like any other trespass or nuisance by letting state courts apply common-law principles to disputes. Let’s also assume that states do the right thing and treat all legal claims as freely transferable (if I own a legal claim against someone, why does anyone else have the right to prohibit my selling it?).

Environmentalists should wish for this to happen… they could go around buying the rights of property owners to sue polluters and make careers out of making factories and farms pay for their invasions of everyone else’s property.

Let’s stop depending on government to protect our property (a non sequitur if there ever was one) and start freeing property owners to protect themselves – they’ll find creative ways to do it.

The Clean Air Act At Work

September 6, 2007

Once again, the law of unintended consequences rears its ugly head, this time in the realm of environmental legislation:

http://autos.msn.com/advice/article.aspx?contentid=4024974&GT1=10365

But what should we expect? The Environmental Protection Act, which created the federal Environmental Protection Agency, was not passed to stop pollution – it was passed to create defined rights to pollute. It’s sad to see how many environmentalists and conservationists actually think the EPA is on their side. Don’t be fooled.

Once upon a time, courts began developing the doctrine that pollution is like any other invasion of property – an actionable trespass or nuisance. This created quite the incentive for farmers and factories to avoid polluting, but legislatures everywhere (including, eventually, at the federal level) responded to lobbyists by creating safe harbors for polluters and by eliminating the right of property-owners to bring suit against polluters.

Put the power to fight pollution back into the hands of property-owners and maybe we’ll see some real progress.