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Managers’ failure to detect customary structures, pre-established usages, and maritime regulations may lead to a community’s disenfranchisement, the exclusion of stakeholders in key decision-making processes, and the loss of opportunities to sustainably manage resources ( Adhuri, 2013 Steenbergen, 2016).
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Originating in old port towns or entrepots, marine tenure institutions may be difficult to recognize in these highly dynamic and pluralistic societies. The renewed focus on customary and user-rights approaches has dire implications for some of the most cosmopolitan yet impoverished fishing communities in this part of the world. An exclusive emphasis on indigenous tenure arrangements runs counter to the many interconnections, linkages, and transregional mobility that have dominated maritime activities in Southeast Asia for the past two millennia ( Lockard, 2010 Henley and Schulte Norholdt, 2015 Manguin, 2017 Hoogervorst, 2018). Legal developments reflect a broader pluralistic tendency in international law that seeks to revitalize customary and faith-based systems and the value of cultural heritages ( von Benda-Beckman and von Benda-Beckman, 2011 Adhuri, 2018, 2019 von Benda-Beckmann, 2019). Such efforts are not new, but build upon several decades of research on institutions, collective action, and fishery management policies ( Bubandt, 2004 Henley and Davidson, 2008 van Ast et al., 2014).
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As part of these innovations to regulate the use of natural resources, a wide range of sectors and academic disciplines has renewed the call for co-management and user-rights frameworks ( von Benda-Beckmann et al., 2016 Tilley et al., 2019 Villaseñor-Derbez et al., 2019). To match the high levels of uncertainty associated with the new scenarios, fishing communities have revised their local ecological knowledge and practices, diversified their livelihoods, and developed novel institutional arrangements ( FAO, 2019 Aswani, 2020 Green et al., 2021). Small-scale fisheries are undergoing rapid socioeconomic and environmental changes due to overfishing, declining fishing stocks, and the degradation of marine and coastal landscapes. The article concludes with a consideration of the role played by decentralization processes, subsidies, and aid programs in entrenching poverty and inequality among local communities. In order to formulate true participatory solutions, a careful assessment of the role played by transregional perspectives that go beyond geographically localized understandings of customary practices is needed. Yet, these notions are ignored by local government agencies that view the fishermen as selfish and disorganized. For example, embodying predominant Southeast Asian beliefs, Endenese are known for their entrepreneurial nature and strong self-sufficiency ethos. As a result, disputes among the fishermen, conflicts with local fishery officers, and the use of non-sustainable practices continue. In this case, policies emphasize the formation of cooperative groups without considering transregional beliefs about independence and pre-established systems of obligations. While the Indonesian central government is strongly promoting co-governance approaches for resource management, these institutional models are based on geographically narrow definitions of tradition and customary law which can lead to management failures, such as elite capture and local fishers’ disenfranchisement. Exploring the interactions between more pluralistic customary systems that exist in port-towns such as Ende and recent fishery development policies, the article discusses some of the obstacles to implementing sustainable co-management strategies.
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Through ethnographic and archival research, this study identifies the presence of indigenous institutions for fishing grounds regulation and documents the existence of broader transregional norms dictating proper fishing and navigation. The article argues that more attention be paid to the role of transregional maritime networks, nautical conventions, and navigational practices embedded within local tenure systems to understand the apparent absence of formal control of marine and coastal resources. This article presents a case study of a fishery in the port-town community of Ende, Flores, a former littoral hub located at the periphery of major commercial systems in the Indo-Pacific region.