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Legal report on the ecosystem approach to fisheries in Kenya

An analysis of the ecosystem approach to fisheries in selected national policy and legal instruments of Kenya












Nakamura, J.N. and Amador, T. 2022. Legal report on the ecosystem approach to fisheries in Kenya – An analysis of the ecosystem approach to fisheries in selected national policy and legal instruments of Kenya. EAF-Nansen Programme Report, No. 47. Rome, FAO. 




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    Legislating for an ecosystem approach to fisheries (EAF) is complex, due to the holistic nature of EAF involving multiple factors that underpin the social, economic, environmental, and institutional aspects of fisheries sustainability. These factors include ecosystems integration, risks, inter-sectoral collaboration, research, participatory processes, monitoring, control, surveillance, and enforcement, among others. To assess how an EAF is being implemented through national policy and legal frameworks, FAO developed "A diagnostic tool for implementing an ecosystem approach to fisheries through national policy and legal frameworks". The present legal report on the EAF used the diagnostic tool to assess the alignment of selected policy and legal instruments of Ghana with an EAF. This assessment analysed the extent to which 82 EAF legal requirements, which are considered the minimum standards in legislating for an EAF, are reflected in Ghana's policies and legislation relevant to the fisheries sector of the country and other relevant sectors (such as environment, wildlife, ecosystems, and maritime affairs). Based on this preliminary diagnosis, gaps were identified in the assessed instruments, and recommendations were made for improving the implementation of an EAF. This report was elaborated following a participatory approach with the involvement of the national competent authorities of Ghana. Drafted in July 2021, the report was submitted to the national authorities of Ghana in October 2021. The Ministry of Fisheries and Aquaculture Development of Ghana and the Fisheries Commission endorsed this EAF Legal Repot of Ghana in December 2021.
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