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Review of the legal frameworks in the ESA-IO Region

Year of publication 2011

Pages 157 p.

Author Snijman, P.

Publisher FAO/IOC ;

Product type Book (stand-alone)

Series number SF/2011/13

Edition 1

Synopsis (short abstract) 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the principle fisheries legislation that regulates marine and inland fisheries, as well as aquaculture is comparatively outdated and lacking in many areas, however it was found that the 2011 Bill is extensive, and is in many respects a clear improvement. In Madagascar it was found that the current legislation is currently inadequate a nd contains numerous outdated provisions, such as outdated and inadequate penalties, and inadequate powers of fisheries inspectors.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.

Language English

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