> Kelly argues that this ownership of the lobstering commons, in a cooperative-like structure, leads to greater sustainability.>> Large corporate boats can operate only in designated areas. Instead of permitting limitless liberty to absentee owners for the seeking of wealth -- by hired hands indifferent to local custom -- Maine set spinning a new governing pattern…. That the right to make a living comes before the right to make a killing. That fairness for the many is more important than maximizing for the few. That sustaining the prosperity of larger living systems, both human and wild, is the root condition for the flourishing of all.
At least insofar as Kelly's argument pertains to the management of fisheries and other commons, it is—economically speaking—more wrong than right.
A tragedy of the commons can be avoided in several ways, and none of them has much to do with putting "fairness for the many" ahead of "maximizing for the few". Indeed, a tragedy of the commons arises only when "the many" have unrestricted access to a scarce resource, and proceed to exploit it in an unsustainable way, due to the strategic nature of the situation.
Kelly would have you think otherwise, but "large corporate boats" are not the root cause of overfishing; the root cause is the desire on the part of each fisherman in an unregulated commoms to haul in the biggest catch he can before someone beats him to it. So aside from imposing regulation, another way to prevent a tragedy of the commons is to get rid of the commons: grant exclusive use of the former commons to a single party, who then has an incentive for good stewardship.
And quite contrary to Kelly's characterization of it, Maine's solution to managing its lobster rights can be seen as an instance of favoring the few over the many: lobstering was restricted to a relative few legally priveledged parties, few enough to make coordinating sustainable lobstering practices feasible. As is often the case when the law arbitrarily privileges some parties over others, there is an overlooked harm here, suffered by would-be lobstermen that the rules say cannot be.
So it seems to me that Kelly's words express her worldview and her somewhat misplaced good intentions—it is the curse of the economically uninformed that their good intentions will often lead them to a destination they didn't seek—but nothing more.