BRIDGING JURISDICTIONAL DIVIDES Collective Action Through

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BRIDGING JURISDICTIONAL DIVIDES Collective Action Through BRIDGING JURISDICTIONAL DIVIDES Collective action through A Joint Strategic Plan for Management of Great Lakes Fisheries by Marc Edward Gaden A dissertation submitted in partial fulfillment of the requirement for the degree of Doctor of Philosophy (Natural Resources and Environment) in The University of Michigan 2007 Doctoral Committee: Professor Barry G. Rabe, Chair Professor Elizabeth A. Brabec Associate Professor Ann Chih Lin Adjunct Professor Charles C. Krueger Professor Denise L. Scheberle, University of Wisconsin—Green Bay Signatories to A Joint Strategic Plan for Management of Great Lakes Fisheries 1997 Revision, Ottawa, Ontario Photo: M. Gaden Copyright Marc Edward Gaden All rights reserved 2007 To my parents, my grandparents, and the three generations of Wolverines in my family ii ACKNOWLEDGEMENTS I appreciate the generous support from the commissioners of the Great Lakes Fishery Commission and the commission’s secretariat staff, particularly Dr. Chris Goddard, without whom this research would have been impossible. Also, I thank those who participated in the interviews (listed in Appendix B) and who provided me with information as I researched the Joint Strategic Plan process. The Great Lakes fishery management community is extremely dedicated to the resource and brings world-class expertise to the region. Finally, I am grateful to my committee—Barry Rabe, Elizabeth Brabec, Charles Krueger, Ann Lin, and Denise Scheberle—for all of their guidance and to the following individuals who encouraged my research, commented on drafts, identified literature, and otherwise helped me refine my thinking, arguments, and prose: Rachel Bensky, Jane Bensky, Dale Burkett, Gavin Christie, Ted Cowan, John Davies, John Dettmers, Jill Finster, Janet Gaden, Chris Goddard, Rob Graham, Rachel Kaplan, Ted Lawrence, Jennifer Read, Judy Stopke, Henry Regier, Michaela Zint, and Jim Zorn. iii CONTENTS DEDICATION.................................................................................................................... ii ACKNOWLEDGEMENTS.................................................................................................iii LIST OF FIGURES .......................................................................................................... v LIST OF TABLES ............................................................................................................ vi LIST OF APPENDICES ...................................................................................................vii ABSTRACT ....................................................................................................................viii INTRODUCTION............................................................................................................... 1 CHAPTER 1: TRANSCENDING DIFFUSE POLITICAL AUTHORITY The Protracted Evolution of Cooperation in Great Lakes Fishery Management............................................................................................ 10 CHAPTER 2: RE-FRAMING SELF-INTEREST Turning Conflict into Collective Action Through The Joint Strategic Plan ............................................................ 71 CHAPTER 3: SUSPICION AND SYNERGY Overcoming Federalism Tensions in Great Lakes Fishery Management..................................................... 110 CHAPTER 4: WHY A NON-BINDING AGREEMENT FOR COOPERATIVE GREAT LAKES FISHERY MANAGEMENT ......................................... 156 CHAPTER 5: WALLEYE WOES The 2004 dispute over walleye total allowable catch in Lake Erie and how the Joint Strategic Plan addresses conflict ............................. 184 CHAPTER 6: CONCLUSION: DESIGN ELEMENTS OF AND A CONCEPTUAL DIAGRAM FOR GREAT LAKES FISHERY GOVERNANCE............... 232 APPENDIX A: METHODOLOGY AND METHODS..................................................... 255 APPENDIX B: INTERVIEW QUESTIONS AND LIST OF PARTICIPANTS................ 269 APPENDIX C: ELEMENTS OF AND MAJOR CHANGES TO A JOINT STRATEGIC PLAN FOR MANAGEMENT OF GREAT LAKES FISHERIES .......... 271 APPENDIX D: SUMMARY OF FISH COMMUNITY OBJECTIVES—ALL GREAT LAKES................................................................................................. 274 BIBLIOGRAPHY........................................................................................................... 281 iv LIST OF FIGURES Figure 1-1: The Great Lakes political jurisdictions within the lakes system ........... 14 Figure 1-2: Adult sea lamprey ................................................................................ 25 Figure 1-3: Jurisdictional spheres of authority in Great Lakes fishery management. ........................................................................... 29 Figure 1-4: Negotiators of the 1954 Convention on Great Lakes Fisheries ........... 41 Figure 1-5: Wisconsin DNR Secretary C.D.”Buzz” Besadny signs the Joint Strategic Plan for Management of Great Lakes Fisheries, 1981. Great Lakes Fishery Commission Executive Secretary Carlos Fetterolf witnesses............................................................................... 59 Figure 1-6: The evolution of cooperative committees in Great Lakes fishery management........................................................................................ 69 Figure 2-1: Types of collective action under the Joint Strategic Plan .................... 81 Figure 2-2: Typical lake committee products. ........................................................ 85 Figure 2-3: Types and results of collective action under the Joint Strategic Plan.. 89 Figure 2-4: A typical lake committee meeting social ............................................. 92 Figure 2-5: Types and results of collective action and why it occurs ................... 104 Figure 3-1: Lake trout.......................................................................................... 141 Figure 3-2: Sea lamprey mouth............................................................................ 143 Figure 5-1: Commercial fishing vessels, Wheatley, Ontario. ............................... 185 Figure 5-2: Wylie the Walleye drops from the sky at the stroke of midnight, New Year’s Eve in Port Clinton, Ohio ................................................ 187 Figure 5-3: Steve Gray, Director of Fish and Wildlife, State of Ohio (right) and charter captain Jerry Abele, Headhunter Charters, fishing walleye during the Governor's Fish Ohio Day 2006........................................ 194 Figure 5-4: Lake Erie estimated walleye abundance, walleye abundance threshold, TAC, and actual harvest in TAC area (Michigan, Ontario, and Ohio), 1978-2006.. ...................................... 202 Figure 5-5: Lake Erie walleye TAC and actual harvest in TAC area (Michigan, Ontario, and Ohio), 1978-2006 ........................................ 202 Figure 5-6: The Lake Erie Committee of 2004 ..................................................... 219 Figure 6-1: The Great Lakes fishery management regime, with an emphasis on A Joint Strategic Plan for Management of Great Lakes Fisheries. .... 238 Figure A-1: Nvivo screen image illustrating open coding (codes shown in lowercase) and cluster coding (categories in all capital letters)......... 262 v LIST OF TABLES Table 1-1: Binational, federal, provincial, state, and tribal fishery management authority, by authority and agency....................................................... 27 Table 1-2: The four eras of Great Lakes fishery management, 1883-present ...... 66 Table 3-1: Responsibilities of the jurisdictions involved in lake trout restoration on Lake Superior .............................................................................. 146 Table 3-2: Implementation factors of Scheberle’s case studies compared to the Joint Strategic Plan case studies............................................. 152 Table 6-1: Ostrom’s (1990) design principles for successful common pool resource management institutions and relevance to the Joint Strategic Plan...................................................................... 236 Table A-1: Participant pool, reason for input, and selection criteria for interviews...................................................................................... 258 Table A-2: Interview participants by country, jurisdiction, lake, and affiliation..... 259 Table C-1: Elements of and major changes to the Joint Strategic Plan .............. 272 Table D-1: Summary of Fish Community Objectives—All Great Lakes .............. 275 vi LIST OF APPENDICES APPENDIX A METHODOLOGY AND METHODS.................................................. 255 APPENDIX B: INTERVIEW QUESTIONS AND LIST OF PARTICIPANTS .............. 269 APPENDIX C: ELEMENTS OF AND MAJOR CHANGES TO A JOINT STRATEGIC PLAN FOR MANAGEMENT OF GREAT LAKES FISHERIES.............................................................. 271 APPENDIX D: SUMMARY OF FISH COMMUNITY OBJECTIVES— ALL GREAT LAKES .......................................................................... 274 vii ABSTRACT BRIDGING JURISDICTIONAL DIVIDES Collective action through A Joint Strategic Plan for Management of Great Lakes Fisheries Ontario, eight Great Lakes states, U.S. tribes, federal agencies in Canada and the United States, and the binational Great Lakes Fishery Commission all have a role in Great Lakes fishery management, with the non-federal governments retaining primary management authority. This dissertation is about how and why independent (yet interdependent) fishery managers work collectively through A Joint Strategic Plan for Management of Great Lakes
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