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Integrated coastal management law: Establishing and strengthening national legal frameworks for integrated coastal management

FAO Legislative Study, no. 93













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    Book (series)
    Final evaluation of the project “Integrated management of mangrove and associated wetlands and coastal forest ecosystems in the Republic of the Congo”
    GCP/PRC/007/GFF
    2019
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    The project "Integrated management of mangroves and associated wetlands and coastal forest ecosystems in the Republic of the Congo" was implemented between July 2013 and December 2017 by the Government of the Republic of the Congo and FAO. The main phase of the final evaluation, which took place between July and August 2017, covered all the activities carried out under the different components. The evaluation recognized the relevance of the intervention given by its effort to develop and promote a community-based forest management system in the Congo. The project contributed to strengthening the national legislative and institutional framework on mangrove ecosystems, yet additional efforts are still necessary to mobilize the resources needed to implement the strategy and the plan developed as part of the project. At the time of the evaluation, no concrete activities had been implemented at community level, nevertheless the project contributed to having good awareness among communities on the importance of mangrove ecosystems.
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    Book (stand-alone)
    Primary survey of Beach Management Units (BMU) in the Kenyan coastal marine fisheries 2012
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    Beach Management Units (BMUs) are the backbone of fisheries co-management in Kenya, led by the Fisheries Department, Ministry of Fisheries Development. Enactment of BMU Regulations, 2007 has provided necessary legal framework for the BMUs to operate and about 73 BMUs have been formed in the Coastal region of Kenya since their introduction in 2006. Implementation of Regional Fisheries Strategy for ESA-IO, commonly known as Smart Fish has initiated a BMU Evaluation Framework in the Kenyan coastal marine fisheries as a pilot project, in its quest to accompany the BMU process in the ESA coastal and riparian countries. The overall objective of the evaluation was to assess the performance of BMUs in the Kenyan coastal marine fisheries. Specific objectives were: i) to assess the organisational performance of BMUs, ii) to verify critical conditions for BMU success, iii) to assess individual BMU member achievements and iv) to assess lead institution governance performance. Sampling targeted 34% of coastal BMUs situated along the 600 km Kenyan coastline. The coastline is traversed by five counties namely, Kwale, Mombasa, Kilifi, Tana River and Lamu. Structured interviews (Likert six-point scale) and Focus Group Discussions were held with BMU representatives, including executives and individual members. Structured interviews were also done with senior Fisheries Officers in each county. Standard evaluation criteria approaches of effectiveness, efficiency, relevance and other factors such as governance, socioeconomic benefits, human resource development and sustainability were employed. In particular, factors considered included organisation performance, performance assessment, critical factors for success, authority, leadership, political vision and adequacy of resources among others. Aggregated indices (arithmetic mean and 3.5 benchmark) on each item were calculated and plotted in bar graphs while descriptive data was analysed thematically. BMU performance findings were groupe d into four major categories namely; organisation profile, organisation performance, critical success conditions and individual BMU led achievements. A further breakdown of the last three factors resulted into 22 key performance, namely; jurisdiction (satisfactory), adaptability (satisfactory), organisational adequacy (satisfactory), democratic practices (satisfactory), social-cultural considerations (satisfactory), cooperation (satisfactory), collaboration (satisfactory), communication (satisfa ctory), mutual trust (moderately satisfactory), participation (moderately satisfactory), networking (moderately satisfactory), leadership (moderately satisfactory), conflict resolution (moderately satisfactory), representativity (satisfactory unsatisfactory), cohesion (moderately satisfactory), inclusion (moderately satisfactory), effectiveness (moderately satisfactory), resources (moderately unsatisfactory), efficiency (moderately unsatisfactory), relevance (moderately unsatisfactory), enforcem ent (moderately unsatisfactory) and cost/benefits (unsatisfactory). These former nine factors can be considered as major constraints to BMU survival.
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    Book (stand-alone)
    Review of the legal frameworks in the ESA-IO Region 2011
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    This review consists of a detailed study of the legal frameworks in the Comoros, Kenya, Madagascar, Mauritius, Seychelles, Somalia and the United Republic of Tanzania as far as they pertain to fisheries laws, and are related to MCS and actions agreed upon in RFMO Agreements, and as far as they enable effective prosecution. The aim of the study is to provide recommendations for the improvement of these legal frameworks. The general legal review of the above countries is based on a desktop study, which was followed up by in-country specific investigations for Tanzania, Madagascar and Seychelles. Since there are already numerous other reports that consider this same topic, an attempt was made to avoid duplication thereof, and to focus on additional issues where possible. A distinct emphasis was placed on the use of criminal sanctions as a tool to ensure compliance with fisheries legislation. The majority of the report comprises of an assessment of the specific areas that require updating and harmonisation and identification of legal challenges and barriers to enforcement for each country. This assessment is divided into three parts for each country, namely an assessment of the legal framework, an evaluation thereof, and finally, recommendations on how the legislation may be improved. Within the evaluation, legal challenges and barriers to the implementation or adoption of regional agreements and standards and barriers to regional cooperation and information sharing were specific ally considered. The principle fisheries legislation in the Comoros is a 2007 decret, which, while quite extensive, lacks the necessary implementing text. In Kenya the principle fisheries legislation that regulates marine and inland fisheries, as well as aquaculture is comparatively outdated and lacking in many areas, however it was found that the 2011 Bill is extensive, and is in many respects a clear improvement. In Madagascar it was found that the current legislation is currently inadequate a nd contains numerous outdated provisions, such as outdated and inadequate penalties, and inadequate powers of fisheries inspectors. However, as is the case of Kenya, the new 2007 Bill addresses most of these issues. It has however not as yet been finalised, nor is it clear when it will be promulgated. Suggested interventions include a review of all supporting legislation, such as decrees and orders in order to adapt to the Bill. In Mauritius the principal legislation governing fisheries was foun d to have numerous key shortcomings. The recommendation is for a review of the legislation, in order that a comprehensive approach can be taken to ensure that the recent international fisheries instruments to which Mauritius is party are fully implemented. In the Seychelles, there are a number of main pieces of fisheries legislation governing fisheries, and a new Fisheries Bill has been prepared. The new Fisheries Bill, which is expected to become law before the end of 2011 is in the final stage s of development, and is a fine effort to modernize fisheries management. While the Fisheries Act of 1987 does not provide an adequate legal framework for MCS, the 2011 draft Bill is a huge improvement in this regard. In Somalia, it was found that the fisheries legislation is currently outdated and insufficient with regard to the creation of offences and the powers of inspectors, and is no longer an effective tool for fisheries management. There is also an inadequate legal framework for effectiv e MCS, both for the enforcement of domestic legislation as well as the enforcement of regional requirements. The legislative framework requires urgent attention if effective MCS on local and regional level is to be achieved. In Tanzania, there are currently five main pieces of Fisheries’ legislation, because the fishery sector is not a union matter and as a result, Mainland Tanzania and Tanzania Zanzibar each have their own specific pieces of legislation that regulate this sector. The Deep Sea F ishing Authority Act of 1998, as amended in 2007, and the Deep Sea Fishing Authority Regulations of 2009 are comprehensive, and recommendations have been made for their improvement and strengthening.

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