Ebook Rational Noncompliance and the Liquidation of Northeast Groundfish Resources
This article provides an overview of noncompliance in the Northeast multispecies groundfish (NEGF) fishery; presents an assessment of how it contributes to overfishing and could prevent successful fish stock rebuilding plans in that fishery; and provides recommendations regarding what can be done to improve the situation.
This assessment is based primarily on the results of a recently completed study of enforcement and compliance in the NEGF fishery which draws on data from: a) a mail survey of fishermen; b) an online survey of federal and state enforcement staff, regulators, and scientists; c) in-person and phone interviews with fishermen and fishery enforcement staff; and d) analysis of 6 years of National Oceanic and Atmospheric Administration (NOAA) enforcement statistics (2001 through 2006) for the Northeast region.
Study results are used to determine the extent and significance of noncompliance in the fishery and to test hypotheses about what can be done to improve compliance. The hypotheses are derived from what has become known as an “enriched theory of compliance” that is based on the influence of both deterrence and normative factors on fishers’ decisions to comply or not. Deterrence factors are based on the difference between the expected benefits of noncompliance and the likelihood of detection and the expected penalty or sanction if detected. Normative factors include: fishers’ moral standards and perspectives about whether the fishery management regime is legitimate and competent, and developed fishing regulations in ways that are fair and equitable; and whether they believe that complying with fishing regulations is likely to make a difference. Based on this "enriched theory of compliance," the level of enforcement required to achieve a given level of compliance is lower when normative factors have a positive effect on compliance and higher when they have a negative influence.
The research results indicate that noncompliance is a significant problem in the NEGF fishery. Whether used to test deterrence or normative factors influencing compliance, the research results further indicate that unless there is more enforcement and/or more certain and meaningful penalties facing violators, noncompliance problems in this fishery can be expected to increase in the years ahead.
These results confirm the outcomes of previous studies of enforcement and compliance in this fishery [4,5, 6]. These studies, like the current study, show that the economic payoff to fishermen from noncompliance is relatively high and the expected likelihood of being detected, and the penalties if detected, are relatively low. This more recent study, however, was conducted during a time when deteriorating biological conditions increase the adverse impacts of noncompliance on fish stocks; while simultaneously there are growing incentives for noncompliance due to deteriorating economic conditions in the fishery, more restrictive fishing regulations and more contentious fishery management targets and timetables.
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