Common property and fisheries management in the Northeast Canyons and Seamounts national marine area

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Chapter 8 in The Legal Foundations of Micro-Institutional Performance, 2022, pp 140-146 from Edward Elgar Publishing

Abstract: The designation of certain wilderness and marine areas is considered a crucial part of preservation and ecosystem protection. At the same time, these policies place a potential strain on the economic uses of these same areas. In 2016, President Barack Obama designed the United States' first national marine monument which restricted fishing in the area. Several years later the United States government was sued by the Massachusetts lobstermen arguing that these restrictions had severely reduced a previously held Hohfeldian privilege and reduced their economic opportunity set. A Hohfeldian right for ecosystem protection was created by the United States government and citizens. The Supreme Court in this case ruled against the plaintiff and did not take the case but did provide some arguments for potential future changes in institutional alternatives.

Keywords: Development Studies; Economics and Finance; Environment; Law - Academic (search for similar items in EconPapers)
Date: 2022
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