Customary Marine Tenure in Palau: Social Function and Implications for Fishery Policy

Abstract

This research examines the form, social function, and policy implications of customary marine tenure (CMT) in Ngarchelong, a rural and fishery-dependent state in the Republic of Palau. Using ethnography, we find that CMT in Ngarchelong persists in a state of legal pluralism, expanding the normative space for asserting and contesting fishing privileges. Flexible administration of CMT provides benefits to the resident community, including material support from nonresidents and the strengthening of social bonds and networks. A fishery permit system under consideration would redefine fishery access as a privilege granted by government, thereby potentially impacting the social benefits supported by the community’s administration of CMT. With applications beyond Palau, we discuss an alternative management approach that could better harmonize fishery policy with local social context, thereby preserving the social functions of contemporary CMT.