Mike,
The basis of the article is ludicrous. There are no commons in pure capitalism! Thomas Woods explains and addresses your example of overfishing:
Now consider for a moment all the inefficiency and misallocation associated with public property and ownership. In general, in cases in which individual property rights do not exist, the result is the so-called "tragedy of the commons" – overuse, exhaustion, inadequate maintenance, and the like. Since none of the users of the property is its owner, and indeed no discrete owner exists at all, a bias in favor of present consumption and against the maintenance of the property’s long-term capital value is introduced. Thus a tendency to overfish would exist with a pond available in common to all comers; a private owner, on the other hand, thinks not simply of what can be profitably extracted from his property in the short term but also of the need to maintain a stock of fish to reproduce for next year and the year after that.