Legal report on the ecosystem approach to fisheries in Senegal


Book Description

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 Senegal 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 Senegal'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 Senegal. Drafted in July 2021, the report was submitted to the national authorities of Senegal in October 2021. The Directory of Maritime Fisheries, under the Ministry of Fisheries and Maritime Economy, reviewed and endorsed this EAF Legal Report of Senegal in May 2022.




Legal report on the ecosystem approach to fisheries in Cabo Verde


Book Description

Legislating for the ecosystem approach to fisheries (EAF) is complex, due to the holistic nature of the EAF involving multiple factors that underpin the social, economic, environmental, and institutional aspects of fisheries sustainability. These factors include ecosystems integration, risks, intersectoral collaboration, research, participatory processes, monitoring, control, surveillance, and enforcement, among others. To assess how the 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 Cabo Verde with the EAF. This assessment analysed the extent to which 82 EAF legal requirements, which are considered the minimum standards in legislating for the EAF, are reflected in Cabo Verde'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 the EAF. This report was elaborated following a participatory approach with the involvement of the national competent authorities of Cabo Verde. Drafted in July 2021, the report was submitted to the national authorities of Cabo Verde in October 2021, further revised in view of the adoption of additional relevant legal instruments by Cabo Verde and the integration of the conclusions and recommendations from the Coastal Fisheries Initiative Report from August 2022. The report was re-submitted to the national authorities in October 2022. The National Directorate of Fisheries and Aquaculture, under the Ministry of the Sea, endorsed this EAF Legal Report of Cabo Verde in October 2022.




Legislating for an ecosystem approach to fisheries – Revisited


Book Description

The ecosystem approach to fisheries (EAF) is a risk-based management process for the planning, management, development, regulation and monitoring of fishing and fishing-related activities. EAF addresses ecological consequences of fishing as well as social, economic and institutional aspects of fisheries sustainability. Adequate legislation and regulatory frameworks are key to successful implementation of the EAF. The continuous review and update of information on legislation and regulatory instruments require the analysis of existing legal frameworks at all levels of governance, to assess whether they remain in force, valid and aligned with international fisheries law standards, including the EAF. The present work was prepared with a view to provide current information on how the EAF is being implemented through national legal frameworks of selected countries in Africa. It revisits a previous legal study prepared by Anniken Skonhoft and published by FAO in 2011. A decade later, based on the scope of that study, the present work provides updated data and contributes to the knowledge on the current global and regional legal frameworks for an EAF, which are vital for EAF implementation purposes. This update also re-analysed certain countries’ national legislation and their evolution with respect to capturing the EAF requirements. Ultimately, the present work supports the legal implementation of an EAF for a holistic, integrated and innovative way of managing fisheries that promotes the participation of all relevant stakeholders and the use of best available knowledge for decision making, whilst balancing the human dimensions with the care for the environment, habitats, ecosystems and biodiversity related with fishery resources on which they depend.




Implementation of the ecosystem approach to fisheries for the small-scale fisheries in Gökova Bay, Turkey: baseline report


Book Description

Gökova Bay is situated in the eastern Aegean Sea, southwest of Anatolia, Turkey. In 1988, a considerable part of the land and marine areas of Gökova Bay were incorporated into a Special Environmental Protection Area. In addition, six nofishing zones were established in 2010. With over 723 identified marine macroscopic species, 34 of which are protected under national and international treaties, the biodiversity in Gökova Bay is considered to be high. Fishing is an important economic activity in the region and has developed as a small-scale enterprise because of the conditions of the coastline, geography and productivity of the bay, and the conservation status of the area. The fishery in the bay is characterized as a typical multispecies and multigear smallscale fishery that targets both demersal and pelagic species, as in many other Mediterranean countries. To secure the sustainability of the fisheries in the Gökova Bay marine protected area (MPA), a pilot case study on the implementation of the EAF in Gökova Bay was initiated in 2016 within the framework and with the financial support of the FAO Mediterranean Project EastMed. Various stakeholders, including fishery cooperatives, non-governmental organizations, several ministerial and other governmental and public institutions, as well as universities contributed to, and collaborated with, the project. This technical paper presents the EAF baseline report that was prepared to complete the planning phase of the project by defining the scope of the case study. It outlines the available information on the small-scale fisheries in Gökova Bay and documents relevant information about the fishery, the species and geographical areas covered in the case study, the socio-economic profile of the fishery and the institutional arrangements for its management.




Forging a Socio-Legal Approach to Environmental Harms


Book Description

Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book’s contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.




Report of the International Workshop on the Implementation of International Fisheries Instruments and Factors of Unsustainability and Overexploitation in Fisheries


Book Description

The workshop referred closely to the results of a first workshop held in Bangkok in 2002 (The International Workshop on Factors Contributing to Unsustainability and Overexploitation in Fisheries) but aimed more specifically at answering the following three major questions: What are the major obstacles to the implementation of major legal instruments? What are the main lessons learned and the possible paths to solutions for improved implementation? What are the possible gaps that may exist in these instruments to guide the international community in improving the management of marine fisheries? The workshop was based on a review of eleven case studies, each relating to one of the following categories of fishery: large volume small pelagics; tuna and tuna-like species; large volume demersals; and coastal fisheries. This publication contains the report of the Workshop, discussion papers containing case studies and notes submitted by participants. The document, and in particular the conclusions adopted by workshop participants, will serve as a basis for further analytical work aimed at improved fisheries management and a more effective implementation of major international fisheries instruments.




A diagnostic tool for implementing an ecosystem approach to fisheries through policy and legal frameworks


Book Description

The implementation of an ecosystem approach to fisheries (EAF) contributes to sustainable fisheries in various ways. One of them is by reviewing national policy and legal instruments to identify gaps which prevent a country from progressing towards full alignment with, and implementation of, an EAF. This diagnostic tool builds on the previous work of FAO by translating the 17 EAF components identified in the How-to Guide on legislating for an EAF into an EAF Legal Checklist for legal practitioners, policymakers and fisheries managers to use in conducting a preliminary assessment of selected policy and legal instruments and determining whether they are congruent an EAF. The outcomes of the assessment may result in decisions to amend existing national policies and/or legislation, or develop new policy and legal instruments that are aligned with the 17 EAF components, to ensure the full implementation of an EAF towards improving, in a holistic way, the conservation and sustainable use of marine resources, biodiversity and ecosystems.




Managing Coral Reefs


Book Description

Managing Coral Reefs examines Indonesia’s and Malaysia’s pathways to implementing the Convention on Biological Diversity (CBD), focusing specifically on how regional and national policies in Southeast Asia have fared when implementing the Aichi Targets of the CBD. Kelly Heber Dunning examines CBD implementation through marine protected areas (MPAs) for coral reefs in Indonesia and Malaysia. While Indonesia uses a co-managed framework, whereby villages and governments share power, to implement its MPAs, Malaysia uses a top-down network of federally managed marine parks. Using mixed methods through interviews and surveys as well as coral reef ecology surveys conducted over a year of fieldwork, Dunning argues that co-managed systems are the current best practice for implementing the CBD’s Aichi Targets in tropical developing countries.




Interactive Governance for Small-Scale Fisheries


Book Description

Drawing on more than 30 case studies from around the world, this book offers a multitude of examples for improving the governance of small-scale fisheries. Contributors from some 36 countries argue that reform, transformation and innovation are vital to achieving sustainable small-scale fisheries - especially for mitigating the threats and vulnerabilities of global change. For this to happen, governing systems must be context-specific and the governability of small-scale fisheries properly assessed. The volume corresponds well with the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries adopted in 2014, spearheaded by the United Nations Food and Agriculture Organization (FAO). These affirm the importance of small-scale fisheries for food security, nutrition, livelihoods, rural development and poverty reduction. The book arises from the project Too Big To Ignore: Global Partnership for Small-Scale Fisheries Research (TBTI). "A nuanced, diverse, vibrant and local-specific collection of essays – just as the small-scale fisheries around the world - dealt with by this versatile array of authors. Following on the heels of the recently adopted FAO Small-Scale Fisheries Guidelines, here is an erudite compendium which I heartily recommend to policy makers, academics and activists who wish to come to terms with the complex issue of governance of this important field of human activity." John Kurien - Founding Member of the International Collective in Support of Fishworkers (ICSF), and Former Professor, Centre for Development Studies, Trivandrum, India "Likely to become a classic in its field, this book is about small-scale fisheries and interactive governance – governance which is negotiated, deliberated upon, and communicated among stakeholders who often share governing responsibilities. The authors show that interactive governance is not just a normative theory but a phenomenon that can be studied empirically, here with 34 case studies from as many countries around the world, north and south, east and west. Such "force of example" enables the editors to put together well-developed arguments and sometimes surprising conclusions about the way ahead. A must-read for managers, practitioners, stakeholders, and students!" Fikret Berkes - University of Manitoba, Canada, and author of Coasts for People




Report of the Workshop on Creating an Enabling Envrionment for Securing Sustainable Small-scale Fisheries


Book Description

The project “Creating an enabling environment for securing sustainable small-scale fisheries” (GCP/GLO/965/SWE), funded by the Swedish International Development Cooperation Agency (SIDA), supports the implementation of the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines). [Author] It does so by, inter alia, improving relevant legal frameworks applicable to small-scale fisheries and reducing marginalization of small-scale fisheries stakeholders in decision-making processes. [Author] The project works with a wide range of stakeholders, ranging from small-scale fishing communities and organizations, to governments, nongovernmental organizations (NGOs) and academia, in both marine and inland waters. [Author] The project, initiated in December 2018, was designed under the FAO Umbrella Programme for the Promotion and Application of the SSF Guidelines (PGM/MUL/2015-2020/SSF) – Enhancing the contribution of small-scale fisheries to food security and sustainable livelihoods. [Author] Activities under the project first started in Cabo Verde, Costa Rica, Côte d’Ivoire, Madagascar, Myanmar, Namibia, Oman, Philippines, Senegal and United Republic of Tanzania. [Author] In subsequent phases of the project, support was further extended upon ad hoc requests to other countries, such as Mozambique, and to a number of small-scale fisheries organizations, civil society orgranizations (CSOs) and NGOs. [Author] The project fosters synergies with the project implementing the SSF Guidelines for gender-equitable and climate resilient food systems and livelihoods’ supported through the Norwegian Agency for Development Cooperation (Norad). [Author] A workshop on this project with project countries and partners brought together people to share experiences and lessons learned from the project. [Author] The workshop, which took place in Rome, Italy, from 14 to 16 November 2023, hosted discussions on the additional followup support that is required to further facilitate the implementation of the SSF Guidelines at national, regional and global level, hence contributing to a more sustainable small-scale fisheries sector. [Author]