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The ownership of inshore fisheries in Scotland: An opportunity for community ownership?

Agnew, Sir Crispin; Appleby, Thomas; Bean, Emma

Authors

Sir Crispin Agnew

Tom Appleby Thomas.Appleby@uwe.ac.uk
Associate Professor in Property

Emma Bean Emma.Bean@uwe.ac.uk
Occasional Associate Lecturer - FET ABE



Abstract

The Scottish Government has pledged to reform inshore fisheries by 2020, while the UK Government is in the process of reforming fisheries legislation with the Fisheries Bill, brought forward in anticipation of the departure of the UK from the EU. . As the necessary starting point for any regulatory reform is an understanding of the existing rights subject to regulation, this article investigates the nature of the existing rights to fish in inshore Scottish waters and assesses whether reform of the ownership of Scotland’s fishery needs to be assessed at the same time as its regulation. The article considers the theory behind Scotland’s fishing rights, the extent of the right to fish, the Crown’s right to alienation and the statutory impacts on the right to fish, before finally placing these findings in the context of contemporary developments of Scottish property and land reform law

Citation

Agnew, S. C., Appleby, T., & Bean, E. (2018). The ownership of inshore fisheries in Scotland: An opportunity for community ownership?. Journal of Water Law, 26(2), 70-77

Journal Article Type Article
Acceptance Date May 31, 2019
Online Publication Date May 1, 2018
Publication Date May 1, 2018
Publicly Available Date May 2, 2020
Journal Journal of water Law
Print ISSN 1478-5277
Publisher Lawtext Publishing
Peer Reviewed Peer Reviewed
Volume 26
Issue 2
Pages 70-77
Keywords Scotland, fish, ownership, conservation, community
Public URL https://uwe-repository.worktribe.com/output/1493307
Publisher URL http://www.lawtext.com/lawtextweb/default.jsp?PageID=2

Files

Agnew Appleby and Bean.pdf (973 Kb)
PDF

Licence
http://creativecommons.org/licenses/by-nc-nd/3.0/

Copyright Statement
This is the author-produced PDF of an article, accepted for publication in Journal of water Law, following peer review. The Version of Record [Agnew, S. C., Appleby, T. and Bean, E. (2019) The ownership of inshore fisheries in Scotland: An opportunity for community ownership? Journal of water Law, 26 (3). pp. 70-77. ISSN 1478-5277 is available in Journal of water Law, vol 26, issue 3, pages 70-77. Licensed under CC BY-NC-ND 3.0







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