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CollectorString=(in:243147 OR kot:documents) AND (kot:documents OR kot:events OR kot:institution OR kot:jobs OR kot:maps OR kot:news OR kot:projects OR kot:"web-sites") AND isarchived:n |
|  | | | | Title | Do conventional prescriptions of the rights-based fishing literature pose legal and political impediments to policy change%3F
( Document )
| | Author(s) / Editor(s) | Matulich, S.C.; Macdonald, J. | | Description | A serious impediment blocks advancement of individual transferable quota (ITQ) policy in the United States, particularly in North Pacific fisheries being considered for ITQ management. The traditional ITQ design, that allocates rights to only the harvesting sector, unintentionally expropriates wealth/property interests from the co-dependent-processing sector. This regulatory expropriation is a substantive policy flaw that renders the traditional ITQ design constitutionally suspect and subject to attack in the courts on grounds that such policy would require “just compensation” under the Fifth Amendment. The expropriation mechanism is briefly outlined following a reflective glance at the origins of ITQ policy. Then, this expropriating ITQ policy is shown to be at opposing purposes with, and even partially induced by, prior to government fishery policies. Finally, arguments underlying a Fifth Amendment takings claim are set in the context of four strands of judicial precedent. | | Keywords | & | | Geography Keywords | &GLOBAL | | Content Language(s) | English | |
| Publisher | Office Nationale de la Peche, Maroc (ONP, Morocco) | | Publication Location | Casablanca, Morocco | | Publication Date | 2002 | | Hard Copy Availability | Contact IIFET@oregonstate.edu | |
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Editor(s) | | · | Chief Editor | |
Topic Info | | · | ID: 243147 | | · | Visits: 4590 | | · | Added: 14 March 2005 | | · | Updated: 11 April 2005 | | · | URL: http://www.onefish.org/id/243147 | |
KO Owner | | · | Duc Phan | |
KO Info | | · | ID: 263653 | | · | Visits:
4 | | · | Added:
23 May 2005 | | · | Updated:
23 May 2005 | | · | URL:
http://www.onefish.org/id/263653 | | |
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