fisheries co-management

fisheries governance

marine resources

coastal fisheries

Marine Policy

In most coastal communities throughout the South Pacific customary rights to regulate access to vital and scarce resources evolved a long time ago. In many places, these systems have formed the basis of community-based marine management efforts. At the same time, national (fisheries and environmental) legislation regulates various aspects regarding the marine realm. The result is a legal pluralist situation – a circumstance that can affect the governability of coastal fisheries. This study draws on data from Fiji and Solomon Islands to examine how the national marine governance frameworks and customary/community-based marine resource management interact. Fiji has a centralized government and customary governance structures are fairly well defined. Various mechanisms exist that link the national and customary systems. In Solomon Islands customary systems and national governance authority are more dispersed and the latter is partly delegated to provincial governments. Here, partner organizations that engage in local marine management can play a vital role in bridging local and (sub-) national levels. The analysis of the two countries reveals that legal pluralist patterns can play out and be addressed differently. A deeper understanding of the interactions between national and customary marine governance systems can help to design procedures or legal mechanisms which optimize relations across levels and systems, and thus contribute to improving governance outcomes.

A legal pluralism perspective on coastal fisheries governance in two Pacific Island countries