Be careful what you wish (fish) for: Actioning distributive equity principles when determining catch limits in transboundary fisheries

Under the United Nations Fish Stocks Agreement, states are required to ensure that conservation and management measures do not result in a disproportionate burden for developing states when managing transboundary fishery resources. Distributive equity principles, such as the polluter pays principle, are increasingly cited in fisheries negotiations to justify the removal of burdens carried by developing states. Here, we explore how these principles might be applied in fisheries, drawing on literature on climate justice and undertaking a scenario analysis to illustrate how such principles may be operationalised in a fishery context. By using the yellowfin tuna fishery in the Indian Ocean as a case study, we demonstrate that the application of these distributive equity principles might have unintended consequences for developing countries. Overall, we suggest that a combination of different equity principles is needed to reduce disproportionate burdens. • The use of distributive equity principles in fisheries negotiations is increasing. • Our study showed that using these principles might have unintended consequences. • We suggest that high seas fisheries should be subjected to greater catch reductions. • A combination of different principles could be the most equitable approach.