front cover of Fishing a Borderless Sea
Fishing a Borderless Sea
Environmental Territorialism in the North Atlantic, 1818-1910
Brian J. Payne
Michigan State University Press, 2010

Over the centuries, processing and distribution of products from land and sea has stimulated the growth of a global economy. In the broad sweep of world history, it may be hard to imagine a place for the meager little herring baitfish. Yet, as Brian Payne adeptly recounts, the baitfish trade was hotly contested in the Anglo-American world throughout the nineteenth century. Politicians called for wars, navies were dispatched with guns at the ready, vessels were seized at sea, and violence erupted at sea.
     Yet, the battle over baitfish was not simply a diplomatic or political affair. Fishermen from hundreds of villages along the coastline of Atlantic Canada and New England played essential roles in the construction of legal authority that granted or denied access to these profitable bait fisheries. 
     Fishing a Borderless Sea illustrates how everyday laborers created a complex system of environmental stewardship that enabled them to control the local resources while also allowing them access into the larger global economy.

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front cover of Implementing the Endangered Species Act on the Platte Basin Water Commons
Implementing the Endangered Species Act on the Platte Basin Water Commons
David M. Freeman
University Press of Colorado, 2010
Water users of the Platte River Basin have long struggled to share this scarce commodity in the arid high plains, ultimately organizing collectively owned and managed water systems, allocating water along extensive stream systems, and integrating newer groundwater with existing surface-water uses. In 1973, the Endangered Species Act brought a new challenge: incorporating the habitat needs of four species-the whooping crane, piping plover, least tern, and pallid sturgeon-into its water-management agenda.

Implementing the Endangered Species Act on the Platte Basin Water Commons tells of the negotiations among the U.S. Department of the Interior, the environmental community, and the states of Wyoming, Colorado, and Nebraska that took place from the mid-1970s to 2006. Ambitious talks among rival water users, environmentalists, state authorities, and the Department of the Interior finally resulted in the Platte River Habitat Recovery Program.

Documenting how organizational interests found remedies within the conditions set by the Endangered Species Act, describing how these interests addressed habitat restoration, and advancing sociological propositions under which water providers transcended self-interest and produced an agreement benefiting the environment, this book details the messy process that took place over more than thirty years. Presenting important implications for the future of water management in arid and semi-arid environments, this book will be of interest to anyone involved in water management, as well as academics interested in the social organization of common property.
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front cover of Oyster Wars and the Public Trust
Oyster Wars and the Public Trust
Property, Law, and Ecology in New Jersey History
Bonnie J. McCay
University of Arizona Press, 1998
Who owns tidal waters? Are oyster beds common holdings or private property? Questions first raised in colonial New Jersey helped shape American law by giving rise to the public trust doctrine. Today that concept plays a critical role in public advocacy and environmental law.

Bonnie McCay now puts that doctrine in perspective by tracing the history of attempts to defend common resources against privatization. She tells of conflicts in New Jersey communities over the last two centuries: how fishermen dependent on common-use rights employed poaching, piracy, and test cases to protect their stake in tidal resources, and how oyster planters whose businesses depended on the enclosure of marine commons engineered test cases of their own to seek protection for their claims.

McCay presents some of the most significant cases relating to fishing and waterfront development, describing how the oyster wars were fought on the waters and in the court rooms—and how the public trust doctrine was sometimes reinterpreted to support private interests. She explores the events and people behind the proceedings and addresses the legal, social, and ecological issues these cases represent.

Oyster Wars and the Public Trust is an important study of contested property rights from an anthropological perspective that also addresses significant issues in political ecology, institutional economics, environmental history, and the evolution of law. It contributes to our understanding of how competing claims to resources have evolved in the United States and shows that making nature a commodity remains a moral problem even in a market-driven economy.

 
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