La transferibilidad de los derechos de pesca y las cuotas individuales: analisis del caso espanol

There is a clear failure to adapt to the institutional mechanisms with regard to the regulation of fishery resources. management systems based on ITQs have not managed to eliminate the stocks over-exploitation and the over-capitalization in the fishing sector. The possibility to introduce individual transferable quotas in the regulatory mechanisms, that is, the capacity to give and assign every fisherman and individual right to fish a determines quanway to reach a greater valorisation of resource and guarantee biological sustainabilty. On the other hand, it is also highlighted or transferred by their owners, this measure can result in a concentration process, what would not favour social equity. Two questions put at risk the ITQs implementation; the displacement of the capture seasons, and the quasi-privatization of fishery grounds. Nevertheless, its implementation helps to take decisions adjusted to the foreseeable expectations and it avoids certain dysfunctions regarding access conditions to fishing places and fishing possibilities in the aforementioned areas. In Spain, legislation has been progressively adapting to the implementations of the individual transferable fishery rights, with regard to industrial fishing that fishes in community waters, with the aim to keep a more traditonal access system concerning coastal fishing. Law 3/2002 penalises the transferability of fishery rights, although it makes no statements on ITQs. In Europe, after the passing of Common Fishery Policy Reform, the models to develop in the management systems support the ITQs, although there is not a guideline regulation in the sense.