Kwale County Development Approvals for KMFRI Shimoni Plot

Public Disclosure Authorized ENVIRONMENTAL AND SOCIAL IMPACT

ASSESSMENT

PROJECT REPORT For the proposed

Construction of KMFRI Shimoni Marine Hatchery and Laboratories at Shimoni (Plot Title No: Kwale/Shimoni Village/S.S.S./83), Public Disclosure Authorized Pongwe-Kidimu Division, Kwale County.

Prepared by: Proponent:

Public Disclosure Authorized Patrick Gwada Kenya Marine and Fisheries P.O. Box 95579-80106 Research Institute (KMFRI) Mombasa, Kenya. P. O. Box 81651-80100 Mombasa, Kenya. NEMA ESIA/EA No 1588 PIN No P051100906E Lead Expert Reg.

Public Disclosure Authorized

KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018

ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT

PROJECT REPORT

For the proposed

Construction of KMFRI Shimoni Marine Hatchery and Laboratories at Shimoni (Plot Title No: Kwale/Shimoni Village/S.S.S./83), Pongwe-Kidimu Division, Kwale County.

Prepared by: Proponent:

Patrick Gwada Kenya Marine and Fisheries Research P.O. Box 95579-80106 Institute (KMFRI) Mombasa, Kenya. P. O. Box 81651-80100 Mombasa, Kenya NEMA ESIA/EA No 1588 PIN No P051100906E Lead Expert Reg.

June 10, 2019

ii Page ______Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018

ESIA REPORT DOCUMENT CERTIFICATION

Certification by Lead Expert:

I hereby certify that the environmental and social impact assessment project report has been done under my supervision and that the project criteria, methodology and content reporting conform to the requirements of the Environmental Management and Coordination Act, 1999 (and Amendment Act 2015), and legal notice no 101 on environmental regulations (2009).

Signature______Date ______June 10, 2019______

Name____ PATRICK OMONDI GWADA______

Address____ P. O. Box 95579-80106, Mombasa, Kenya ______Certificate of Registration No ____1588______

Certification by Proponent:

We, Kenya Marine and Fisheries Research Institute (KMFRI), of P. O. Box 81651-80100, Mombasa, Kenya,

Hereby confirm that we agree with the contents of this report, and we will implement practicable mitigation measures proposed in the report. We hereby do submit this Environmental Impact Assessment Project Report on

“Construction of KMFRI Shimoni Marine Hatchery and Laboratories at Shimoni (Plot Title No: Kwale/Shimoni Village/S.S.S./83), Pongwe-Kidimu Division, Kwale County” to the National Environment Management Authority (NEMA), Kwale County, Kenya.

Signature______Date ______Name____ DR. DAVID MIRERA ______

Assistant Director / Aquaculture Research Directorate,

KMFRI, P. O. Box 81651-80100, Mombasa, Kenya. iii Page

CONTRIBUTING SPECIALISTS Name Affiliation Field of expertise Patrick Blue – Greens International Consulting Marine Ecology / Gwada P.O. Box 95579-80106, Mombasa. ESIA Lead Expert Email: [email protected] Dr. David Kenya Marine and Fisheries Research Institute (KMFRI), Aquaculture Expert / Mirera P.O. Box 81651-80100, Mombasa. Project Consultant Email: [email protected] Dr. Eric Kenya Marine and Fisheries Research Institute (KMFRI), Environmental Okuku P.O. Box 81651, Mombasa. Chemist Email: [email protected] Dr. James Kenya Marine and Fisheries Research Institute (KMFRI), Aquaculture Mwaluma P.O. Box 81651-80100, Mombasa. Expert/Fish larvae Email: [email protected] ecologist Dr. James Kenya Marine and Fisheries Research Institute (KMFRI), Mangrove Expert Kairo P.O. Box 81651-80100, Mombasa. Email: [email protected] Stephen Kenya Marine and Fisheries Research Institute (KMFRI), Marine Mwangi P.O. Box 81651, Mombasa. Microbiologist Email: [email protected] Harrison Kenya Marine and Fisheries Research Institute (KMFRI), GIS expert Ong’anda P.O. Box 81651, Mombasa. Email: [email protected] Dr. Jacob Kenya Marine and Fisheries Research Institute (KMFRI), Socio-economist Ochiewo P.O. Box 81651, Mombasa. Email: [email protected] Fridah Munyi Kenya Marine and Fisheries Research Institute (KMFRI), Social Economist P.O. Box 81651, Mombasa. Email: [email protected] Edward Kenya Marine and Fisheries Research Institute (KMFRI), Social Economist Waiyaki P.O. Box 81651, Mombasa. Email: [email protected] Nicholus Kenya Marine and Fisheries Research Institute (KMFRI), Social Economist Karani P.O. Box 81651, Mombasa. Email: [email protected]

iv Page ______Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018

DEFINITION OF TERMS

Term Definition

Antiquity Any movable object other than a book or document made in or imported into Kenya before the year 1895, or any human, faunal or floral remains of similar minimum age which may exist in Kenya;

Cumulative The impacts on the environment that result from individually minor and the impacts incremental processes of a project, program or activity over a period of time

Direct impacts An effect on the environment brought about directly by the sub-projects

Disclosure Information availability to all stakeholders at all stages of the development of projects

Environment Physical, biological and social components and processes that define our surroundings

Environmental and A comprehensive analysis of the project and its effects (positive and negative) on social impact the environment and a description of the mitigative actions that will be carried out assessment (ESIA) in order to avoid or minimize these effects

Environmental The process of examining a project on a regular basis to ensure that it is in Monitoring compliance with an Environmental Management Plan (EMP), or the Government of Kenya (GOK) Environmental Impact Assessment (ESIA) certification of approval conditions and / or environmental prescriptions

Environmentally An area that is vulnerable to negative environmental impacts and which needs sensitive area special environmental protection because of its landscape, fragile ecosystem, resources and historical value, and includes all areas that are vulnerable to negative environmental impacts as a result of human induced activities;

Impact A positive or negative effect that a project has on an aspect of the environment Indirect impact A positive or negative effect that a project indirectly has on an aspect of the environment

Involuntary The forceful taking of land resulting in , relocation or loss of shelter, loss of assets resettlement or income sources, restriction of access to legally designated protected areas resulting in physical displacement or a change of livelihood status

Lead Agency The agency with primary responsibility for the protection of the environment. For

instance, the lead agency for environment matters in Kenya is the national

environment management authority (NEMA) v

Page

MSDS Material Safety Data Sheets Mitigation The actions identified in an ESIA to negate or minimize the negative environmental measures impact that a project may have on the environment

Monument An immovable structure built before the year 1895 other than an immovable structure which the Minister may by notice in the Gazette either specifically or by reference to all immovable structures in a specified area declare not to be a monument

Pollution Contamination altering the state of purity (e.g. Chemical effluent discharge into a surface water body)

Precautionary Is the principle that where there are threats of damage to the environment, principle whether serious or irreversible, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation

Private land Land privately owned and land the subject of a grant, lease or licensee from the Government, and includes Trust land

Project and sub- A set of planned activities designed to achieve specific objectives within a given project area and time frame

Project Report The initial submitted document to NEMA to initiate the process that will lead to the issuance of the ESIA certificate of approval

Proponent The entity – person, company, agency proposing to develop/implement/install a new project or expand an existing project

Protected area A site on which a buried monument or object of archaeological or paleontological interest exists or is believed to exist, and such adjoining land as may be required for maintenance thereof, which has been and remains declared by the Minister under section 4(1) (b) to be protected area

Protected object A door or door–frame curved in an African or Oriental style before the year 1946; Any other object or type of object, whether or not part of an immovable structure, which being of historical or cultural interest has been and remains declared by the Minister under section 4 (1) (c) to be a protected object

Scoping The initial stage in an environmental assessment that determines the likely major environmental parameters that will be affected and the aspects of the project that will bring upon these effects

Screening An initial step when a project is being considered for environmental assessment.

The screening is the determination of the level of assessment that will be conducted. In the case of GOK, screening will place project into one of three vi

environmental categories (1, 11 or 111) Page

Significant effect An important impact on an aspect of the environment

Stakeholder Any person or group that has an interest in the project, and the environmental effects that the project may cause

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ABBREVIATIONS AND ACRONYMS

% Percentage

CBO Community Based Organization

DOE Director of Environment

EA Environmental Audit

EEI&PP Environmental Education, Information and Public Participation

EMCA Environmental Management and Coordination Act

ESIA Environmental and Social Impact Assessment

ESMP Environmental and Social Management Plan

GOK Government of Kenya

ha Hectares

Km2 Kilometre squared

KMFRI Kenya Marine and Fisheries Research Institute

KFS Kenya Forest Service

KeFS Kenya Fisheries Service

KWS Kenya Wildlife Service

mm Millimetres

m Meters

NEC National Environmental Council

NEMA National Environment Management Authority

NGO Non-Governmental Organization

TOR Terms of Reference

SERC Standards and Enforcement Review Committee

SDF State Department of Fisheries

sqft Square feet

SWM Solid Waste Management

PPP Public Private Partnership

KPLC Kenya Power and Lighting Company

WRMA Water Resources Management Authority

TVETs Technical Vocational Educational and Training

viii Page

TABLE OF CONTENTS

DOCUMENT AMENDMENT RECORD ...... Error! Bookmark not defined. ESIA REPORT DOCUMENT CERTIFICATION ...... iii Certification by Lead Expert: ...... iii

Certification by Proponent ...... iii

CONTRIBUTING SPECIALISTS ...... iv DEFINITION OF TERMS ...... v ABBREVIATIONS AND ACRONYMS ...... viii EXECUTIVE SUMMARY ...... 1 1.0 BACKGROUND INFORMATION ...... 3 1.1. The Client ...... 3

1.2. The Project ...... 3

1.2.1 The NAMARET Vision ...... 4

1.2.2 The NAMARET Mission ...... 4

1.3. The Target beneficiaries: ...... 4

1.4. Proposed Activities (Construction Related) ...... 5

1.5. Project Outputs ...... 5

1.6. Evaluation plan and indicators ...... 6

1.7. Project Site ...... 11

1.8. Site and neighbourhood details: ...... 11

1.9. Site Access and Infrastructure for KMFRI site ...... 11

1.10. Project ownership details for the two sites ...... 15

1.11. Site Development considerations: ...... 15

2.0 PROJECT CONSTRUCTION INFORMATION ...... 17 2.1 KMFRI Hatchery and Laboratory Construction plan ...... 17

2.1.1 Construction phasing, equipment and materials for site development ...... 17

2.1.2 Utilities ...... 18

2.1.3 Waste Generation ...... 18

2.1.4 Noise and dust disturbance during construction ...... 19

3.0 PROJECT ALTERNATIVES CONSIDERATIONS, CONSTRUCTION AND POLICY STANDARDS ...... 21

3.1 KMFRI Laboratory Construction Alternatives ...... 21

3.1.1. The “no project” alternative ...... 28 ix

3.1.2. The “yes project” alternative ...... 28 Page

3.2. KMFRI Mariculture Hatchery Construction Alternatives ...... 28

3.2.1. Design alternatives for Hatchery and Laboratory Construction ...... 29

3.2.2. Alternative use of proposed project site ...... 29

3.3 KMFRI Mariculture Hatchery Construction Standards ...... 30

3.3.1 Preferred construction designs ...... 30

3.3.2 Hatchery construction components (update writing and images) ...... 30

3.4 KMFRI Laboratory Component ...... 35

3.5 National Environmental policy considerations ...... 37

3.5.1 Environmental Assessment ...... 37

3.5.2 Requirement for an Environmental Impact Assessment Project Report ...... 37

3.5.3 Environmental Assessment Guidelines and Lead Expert ...... 37

4 BASELINE INFORMATION ON THE STUDY AREA ...... 38 4.1 The Marine Environment where hatchery water will be sourced from ...... 38

4.1.1 The Marine Sampling areas...... 38

4.1.2 Water quality within the Shimoni channel and intertidal flats ...... 39

4.1.3 The Flora and Fauna within the intertidal flats ...... 43

4.2. Terrestrial Environment where construction will be conducted...... 45

4.2.1 Flora at KMFRI plot and immediate neighborhood ...... 45 4.2.3 Fauna at KMFRI plot and immediate neighborhood ...... 46 4.3 The Social and Cultural Environment ...... 48

4.3.1 The engagement processes ...... Error! Bookmark not defined.

4.3.2 Key social characteristics ...... 48

4.3.3 Role differentiation at the households in the project area ...... 48

4.3.4 Administrative and demographic characteristics of the project area...... 48

4.3.5 Perceptions regarding the proposed marine hatchery construction plan ...... Error! Bookmark not defined.

5.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ...... 60 5.1 Over-arching Constitutional and Vision 2030 Provisions: ...... 60

5.1.1 The Constitution of Kenya ...... 60

5.1.2 The County Governments Act, 2012 ...... 61

5.1.3 Kenya Vision 2030 ...... 61 x

5.2 Policy aspects ...... 62 Page

5.2.1 The Land Policy (2007) and under revision by Sessional Paper, No. 1 of 2017 on National Land Use Policy 62

5.2.2 The National Environment Action Plan, 1994 (revised 2007), ...... 63

5.2.3 Sessional Paper No. 6 of 1999 on Environment and Sustainable Development ...... 63

5.2.4 Links to International Agreements and Conventions ...... 64

5.2.4.1 The United Nations Framework Convention on Climate Change (UNFCCC) ...... 64

5.2.4.2 The Nairobi Convention ...... 64

5.2.4.3 The Convention on Biological Diversity ...... 64

5.2.4.4 Applicable World Bank Safeguards and International Conventions ...... 65

5.2.5 Links to other national strategies and action plans ...... 66

5.2.5.1 The ICZM Policy and Action Plan ...... 66

5.2.5.2 The National Climate Change Response Strategy (NCCRS) ...... 66

5.2.5.3 The National Biodiversity Strategy, 2007 ...... 66

5.2.5.4 The National Policy on Water Resources Management and Development ...... 66

5.2.5.5 The National Poverty Eradication Plan (NPEP) and the Poverty Reduction Strategies Paper (PRSP) 67

5.3 Legal aspects ...... 67

5.3.1 The Environment Management and Co-ordination Act, 1999, (amendment 2015) ...... 67

5.3.2 Environmental Management Regulations ...... 69

5.3.2.1 Environmental (Impact Assessment and Audit) Regulations, 2003 (Legal Notice No.101) ...... 69

5.3.2.2 Water Quality Regulations, 2006 (Legal Notice No. 120) ...... 70

5.3.2.3 Waste Management Regulations, 2006 (Legal Notice No. 121) ...... 70

5.3.2.4 Noise and Excessive Vibration Pollution Control Regulations, 2009 ...... 70

5.3.2.5 Air Emission (including Fossil Fuel Emission) Control Regulations, 2006 ...... 71

5.3.2.6 Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006 ...... 71

5.3.2.7 EMCA (Controlled Substances) Regulation, 2007 ...... 72

5.3.2.8 The Water Act 2002 (read together with Water Act 2016) ...... 72

5.3.3 The Public Health Act (Cap 242) [Act No. 17 of 2006, read together with Act No. 12 of 2012]. 73

5.3.4 The Penal Code (Cap. 63) ...... 74 xi

5.3.5 The Lands Act, 2012 ...... 74 Page

5.3.6 The Physical Planning Act (Cap 286) revised 2009 ...... 75

5.3.7 The Science, Technology and Innovation Act, 2013 ...... 76

5.3.8 KMFRI Institutional Responsibility ...... 77

5.3.9 The Fisheries Management and Development, 2016 ...... 77

5.3.10 The Forest Conservation and Management (FCM) Act 2016 ...... 78

5.3.11 Wildlife Conservation and Management Act, Cap 376 ...... 79

5.3.12 National Museum and Heritage Act No. 6 of 2006 ...... 80

5.3.13 Kenya Maritime Authority Act (Cap. 370)...... 80

5.3.14 The HIV/AIDS Prevention and Control Act (Act No.14 of 2006)...... 80

5.3.15 Occupation Safety and Health Act, 2007 ...... 81

5.4 Construction-related Policy and Legal Framework ...... 81

5.4.2 The National Construction Authority (NCA) Act 2012 and National Construction Authority (NCA) Regulations 2014 ...... 81

5.4.3 Housing maintenance ...... 82

6.0 IMPACT IDENTIFICATIONS, PREDICTIONS, AND ANALYSIS ...... 83 6.1 General ...... 83

6.2 Impact identification procedure...... 83

6.3 Predicted environment impacts ...... 83

6.3.1 Positive impacts ...... 84

6.3.1.1 Socio-Economic Impacts ...... 84

6.3.2 Negative Impacts ...... 85

6.4 Significance Impacts ...... 86

6.5 Requirement for a Resettlement Action Plan (RAP)...... 86

7.0 IMPACTS MITIGATION AND ENVIRONMENTAL MANAGEMENT PLAN (EMP) ...... 88 7.1 General ...... 88

Error! Bookmark not defined.

7.2 Management Policies ...... 89

Environmental Management Policy ...... 89

Occupational Health and Safety Policy ...... 90

7.3 Environmental Management Plans ...... 90 xii

7.3.1 Objectives of the EMP ...... 90 Page

7.3.2 Target-specific EMP ...... 90

7.4 Environmental Monitoring ...... 117

8.0 CONCLUSION AND RECOMMENDATIONS ...... 121 8.1 Conclusion ...... 121

8.2 Recommendations ...... 122

9. APPENDICES ...... 123 Appendix- 1: KMFRI Land Ownership Registration ...... 124

Appendix 2A: Kwale County Approved Land-Use Plan for KMFRI’s Research and Educational Facility at Shimoni ...... 125

Appendix 2B: Details of Site Plan and Beacon Positions for KMFRI’s Plot at Shimoni...... 126

Appendix 2C: Kwale County Approved Land-Use Plan Proposals for KMFRI’s Facility at Shimoni ...... 128

Appendix- 3A: Site Plan for KMFRI Shimoni Hatchery ...... 130

Appendix- 3B: Architectural Drawings KMFRI Shimoni Hatchery ...... 131

Appendix- 3C: Architectural Drawings KMFRI Shimoni Laboratory ...... 132

Appendix- 4A: Kwale County Development Approvals for KMFRI Shimoni Plot ...... 133

Appendix- 4B: Kwale County Physical Planning Approvals for Site Development for KMFRI Shimoni Site .. 134

Appendix- 4B: Kwale County Structural Assessment and Development Approvals for KMFRI Hatchery ..... 136

Appendix- 4C: Kwale County Structural Assessment and development Approvals for KMFRI Laboratories ...... Error! Bookmark not defined.

Appendix- 5A: Structural Drawings including Foundation Plan for Hatchery ...... 140

Appendix- 5B: Structural Drawings, including Foundation Plan, Elevations, Sections, and Roof Plan for Laboratories ...... 141

Appendix- 6: Estimates of Project Costs (Summary Bills of Quantities) for KMFRI Shimoni Hatchery ...... 142

Appendix- 7: Estimates of Project Costs (Summary Bills of Quantities) for KMFRI Laboratory building...... 143

Appendix- 8A: ESIA Practitioner License and NEMA Statutory Registrations and Practicing License for Lead Experts ...... 144

Appendix- 8B: ESIA Practitioner License and NEMA Statutory Registrations and Practicing License for Lead Experts ...... 146

Appendix- 9: Scooping and screening form for KMFRI Shimoni plot project report ...... 147

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EXECUTIVE SUMMARY

This is an Environmental and Social Impact Assessment Report for the proposed Construction of KMFRI Shimoni Marine Hatchery and Laboratories at Shimoni (Plot Title No: Kwale/Shimoni Village/S.S.S./83), Pongwe-Kidimu Division, Kwale County.

The scope of the project is fencing of compound, construction of KMFRI Marine Hatchery and Laboratories block, and associated offices, and waste management facilities at Shimoni (Plot No: PDP No. 141. KWL.4.94 Shimoni, Kwale). KMFRI plans to achieve these by minimizing the construction footprint and enhancing the surrounding environment through: a) minimizing pollution, b) sustaining ecosystems, c) conserving the cultural heritage, and d) enhancing the natural and constructed amenities, e) involvement of the affected communities and stakeholders who have interest in the project.

In addition, the proposed construction of KMFRI Research Lab and Offices will aim to achieve basic tenets of greener development associated with Kenya’s VISION 2030 Policy, Kwale County Integrated Development Plan (CIDP) and National Construction Authority’s guidelines for the development, management and monitoring of construction works.

Key findings from this ESIA project report have concluded the following for the proposed Construction KMFRI Marine Hatchery and Laboratories at Shimoni: a) The proposed developments are Strategic development for KMFRI to meet her legal mandate and obligations; b) The proposed developments is an investment initiative to be implemented on private land; c) The proposed development is limited to Construction KMFRI Marine Hatchery at ground level and Laboratories block at two floors initially, and later to 4 floors; d) The proposed project is doable within the confines of the construction development and environmental regulatory laws (Environmental Management and Coordination Act, 2009, amendment 2015; NCA) and other key sectoral laws (key amongst them County Government Acts governing Physical Planning, County by-laws, Public Health, Occupational Health and Safety regulations and Housing by-laws); e) All stakeholders consulted, support the project with concerns raised to address specific potential negative impacts (avoid, reduce, mitigate, compensate hierarchy) and monitored throughout the lifespan of the project; f) It is evident from the ESIA site assessment, construction designs and plans that the

proposed construction will be operationalized and limited to KMFRIs plot. The services

will be provided through public access road reserves. Therefore, the project will not 1 Page

involve any resettlement hence there is no need for a resettlement action plan (RAP) to be developed; g) The key impacts identified for management under a Construction Quality Control Plan Management and ESMP include, but not limited to: i. Air quality; ii. Noise levels; iii. Wastes generated – including, but not limited to, solid, liquid effluent and hazardous / laboratory waste materials; iv. Water contamination v. Forest degradation; vi. Land degradation; vii. Fishing access restrictions / Exclusions; viii. Social erosion: Culture erosion, loss of traditional knowledge and lifestyles; ix. Potential impacts on public health and disease prevalence; x. Occupational health and safety concerns; xi. Good environmental stewardship management.

Some of these environmental and social requirements that need to be monitored are summarised below: a) The construction phase of the proposed project must await finalisation of the formal ESIA review process and granting of ESIA licence by Director of Environment, NEMA, Kwale County prior to commencement of activities on site; b) All solid waste to be collected, handled and disposed; and all liquid waste must be monitored and treated in accordance to EMCA (Waste Management) Regulations, 2006; c) Any firm contracted to handle waste, especially hazardous waste, must be duly licensed by NEMA; d) The construction phase of the project should follow the set-out National and County regulations governing infrastructure and housing developments, including but not limited to Public Health, Occupational Health and Safety Management System in accordance to the Occupational Health and safety regulations 2007 and any such by-laws or amendments specific to Kwale County; e) The construction phase of the project should also adhere to the National Construction Authority (NCA) 2012 Act, Regulations 2014, and Legal Notice No 40, The Factories (Buildings, Operations and Works of Engineering Construction) Rules and Regulations, 1984, and any by- laws or amendments specific to Kwale County. f) At the expiry of project life (decommissioning), or when demolition is demanded, the project will need to undertake a separate ESIA project report for the decommissioning processes.

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1.0 BACKGROUND INFORMATION

1.1. The Client

Kenya Marine and Fisheries Research Institute (KMFRI) is a State Corporation established in 1979 by the Science and Technology Act, Cap 250 of the Laws of Kenya, which has since been repealed by the Science, Technology and Innovation Act No. 28 of 2013; the latter which has recognized KMFRI as a national research institution under section 56, fourth schedule. KMFRl's mandate is to undertake research in "marine and freshwater fisheries, aquaculture, environmental and ecological studies, and marine research including chemical and physical oceanography", in order to provide scientific data and information for sustainable exploitation, management and conservation of Kenya's fisheries and other aquatic resources, and contribute to National strategies of food security, poverty alleviation, clean environment and creation of employment as provided for under Vision 2030.

KMFRI, with partial financing from the GOK and development partners, is committed to sound research and development of Mariculture through programs and actions that are in harmony with sustainable development and the environment. KMFRI intends to undertake the said Construction of KMFRI Shimoni Marine Hatchery and Laboratories at Shimoni (Plot Title No: Kwale/Shimoni Village/S.S.S./83), Pongwe-Kidimu Division, Kwale County. KMFRI plans to achieve these by concomitantly enhancing the built environment through: a) Minimizing pollution, b) Sustaining ecosystems, c) Conserving the cultural heritage, and d) Enhancing the natural and constructed amenities.

1.2. The Project

KMFRI is planning to develop a Marine Hatchery and Laboratories at Shimoni, Kwale County to meet its legal mandate and to expand efficiency of its operations. The proposed development site will be on Plot Title No: Kwale/Shimoni Village/S.S.S./83, Pongwe-Kidimu Division, Kwale County; this piece of land is KMFRI legal property (Appendix-1), featuring no encroachment and a few neighbors bordering the plot.

At the moment, Kenya lacks a marine hatchery facility to help spearhead research, verify technology and provide quality support for the farmers. Infrastructure for technology transfer, dissemination and feedback are non-existent. The said facility to be established by KMFRI will be known as “a National Mariculture Resource and Training Centre (NAMARET Centre)” where training of mariculture techniques, technology development, pilot production and activities will be conducted. In this effort, KMFRI will work with different stakeholders including SDFA &BE, Universities, County Governments

and other practitioners.

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1.2.1 The NAMARET Vision A center of Excellence in Mariculture, Research Training and Development.

1.2.2 The NAMARET Mission

To provide dynamic and competent leadership in the generation and promotion of science-based responsible technologies in order to strengthen stakeholder capacities in mariculture and aquatic resources utilization and management.

The mariculture research facility will facilitate and incubate collaborative scientific research within different stations of KMFRI as well as other relevant institutions like county governments, universities and private partners. Together, they will work to:

• Generate mariculture technologies appropriate for propagation of finfish and shellfish in Kenya and the East African region. Collaborative partnerships will be extended to local institutions as well as international partners; • Provision of quality and appropriate brood-stock of finfish and shellfish for multiplication in private hatcheries; • Provide training courses to the public on managerial, technical and skilled manpower for the mariculture sector where skills are most lacking. The courses will be tailored towards different research needs and target different levels of knowledge such as: community groups and farmers, extension officers, technicians, researchers, academicians and private companies; • Create the opportunities for reliable research output which will enhance generation, verification, dissemination and exchange of mariculture information in Kenya and in the Western Indian Ocean region; • Tested and approved mariculture technologies developed in the research facility will be transferred to Small and Medium Enterprise (SMEs) and private enterprises in Kenya. This is expected to translate to growth in the mariculture sector that is backed by sound scientific research; • Generation of research materials, manuals and publications.

The associated laboratory block will be useful in: a) Mariculture research and data collection; b) Operational base for testing new technology and techniques for Mariculture development and for the feasibility of management options; c) Operational base for monitoring effectiveness of research and development interventions on Mariculture and the marine environment; and d) Field implementation of Mariculture dissemination for effective surveillance, promotion of voluntary compliance and, where appropriate, conservation of marine resources.

1.3. The Target beneficiaries:

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a) Coastal Counties – Kwale, Mombasa, Kilifi, Tana River, and Lamu for their Research and Development needs; b) Educational institutions (Universities, TVETs, secondary schools, etc.) for their learning on current and potential Research and Development needs to inform mariculture developments; c) Community based organizations, for their mariculture development needs; d) Mariculture investors under the PPP arrangement; e) Non-state Clients, including seaweed farmers, fish-farmers, seaweed/fish-processors, seaweed/fish traders, seaweed/fish-transporters, etc. f) State actors, including SDF, NEMA, KEPHIS, KWS, etc. for their Research and Development needs to inform policy, regulations and standards; g) Development partners.

1.4. Proposed Activities (Construction Related)

a) Fencing the KMFRI Marine Hatchery and Laboratories with a lockable gate b) Levelling the compound c) Construction of Marine Hatchery and Laboratory d) Construction of grow-out ponds e) Providing sea water re-circulation system for intake to, and discharge from, the hatchery units f) Providing potable (fresh-water) and piped water for laboratory and general purpose use g) Construction of flood-waters drainage system h) Provide laboratory equipment and machinery i) Provide freezers within the hatcheries and laboratories j) Provide laboratory-based waste management system

1.5. Project Outputs

The following outputs are expected:

a) Output 1: Completed Functional Marine Hatchery structure b) Output 2: Completed Functional Laboratory block c) Output 3: Completed Functional Waste management system

The construction and development of a Marine Hatchery and Laboratories will therefore be an outlet of disseminating results of successfully conducted research through training and dissemination of information archived in the resource centre to stakeholders. The resource centre will not only transfer

technologies but it will also be an avenue where challenges facing the mariculture sector such as fish

diseases, are tackled as well as a source of information on new technologies in the sector like breeding 5

and nutrition innovations. This centre will aid in stimulating the expansion of mariculture by providing Page

______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018 a "one stop shop" of all aspects concerning mariculture. Through private partnerships multiplication of technologies such as privately-owned hatcheries, cage culture etc. will be enhanced thus ensuring growth of the industry. Its envisioned that the centre will work consultatively to develop technologies and policies as per the demand of the practitioners and other stakeholders in addition to ensuring environmental integrity.

1.6. Evaluation plan and indicators

During construction stage, KMFRI mariculture specialists, together with project consultants, will monitor and evaluate construction performance through site visits and scheduled meetings. Monitoring will be conducted at least on quarterly and data collected in the on the progress of the construction of the Centre.

During operational stage, a comprehensive Monitoring and Evaluation plan will be drawn to include research and development programs where KMFRI mariculture and environmental specialists and the scheduled beneficiaries will be trained on technologies, standards and quality control interventions to produce desired results (outcomes to impacts).

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Shimoni

Figure 1.1: Kenya map showing the general location of Shimoni village area in Kwale County (©GOK, Kenya Counties Map, 2014).

Figure 1.1 and 1.2 are maps showing the general location of Shimoni in relation to the Indian Ocean, physical and conservation aspects (Figure 1.2) and forested areas (Figure 1.3). Figure 1.4 shows KMFRI site in relation to human settlements and other infrastructure.

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Figure 1.2: Map showing KMFRI Site location at Shimoni Town in relation to Community Conservation Areas (From Darwinian Project Initiative, SDF © 2008). Plot site is shown in call-out mark and sits on terrestrial forest zone. (Based on consultations with KFS, KWS, WWF and Museums during field works on which trees to be cut and which ones deserve conservation so that the guidelines can be complied by contractor and monitored by supervision consultant).

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Figure 1.3: A grab from Google Map showing KMFRI Shimoni Site (above), and zoom in to show relics of the

Eastern African Coastal forest vegetation (below) (not drawn to scale; see Fig 4 for details on scale).

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LOCATION map of KMFRI relative to KWS, Shimoni Primary and other Approved Developments in Shimoni

Figure 1.4: Grabs on Development approvals for KMFRI Site showing planned zonation and land-use categories

(Location map shown above; shown below are approved land use proposal / zonation; approval signature and date from Physical Planning shown on right) (© Kwale County Plans 2016).

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1.7. Project Site

KMFRI Shimoni site is located at Plot Title No: Kwale/Shimoni Village/S.S.S./83, Pongwe-Kidimu Division, Kwale County. The necessary sub-divisions, location plans, and part development plans (PDP) for the site showing approved site planned land-use categories and associated legends in shown in Fig 4. KMFRI Shimoni site is a typical coral rag basement supporting fragments of coastal forest (plate 1) which supports diverse assemblage of fauna (plate 2).

1.8. Site and neighbourhood details:

The proposed Shimoni Marine Hatchery and Laboratories Centre is located in a broad locality with less densely populated in the south coast of Kenya and is in close proximity to Wasini Island via the Shimoni-Wasini channel; the project site is bordering Shimoni Forest. Shimoni also has some of the tourist attractions that includes pre-historic Shimoni caves (well-beyond 800m from the site), Wasini Island (3km from the site), Kisite Marine Park & Reserve (approx. 3km from the site), and the coastline that features the mangrove ecosystems and relics of the Eastern African Coastal forest system that are all relatively far from the proposed project site. . The immediate neighbourhood site details are represented by plate images (Plate 3) which show details of KMFRI site neighbours.

1.9. Site Access and Infrastructure for KMFRI site

The Shimoni Research Centre can be accessed by a murram road branching off from the well tarmac Mombasa – Lunga-Lunga Road at the junction of Shimoni Road where there is a host of information boards announcing Shimoni’s tourism and government functionaries (Plate 4A), and then moving along Shimoni murram road. Currently, the Government of Kenya (KERRA) is constructing another road, which will not have a significant, which will be considered as an alternative access to the site, based on the outcome of the environment assessment process for the proposed KERRA road.

Electricity is available near the said site (Plate 4). However, water is limited in supply. Arrangements for procuring water services will need to be made. In addition, the property does not have sewer connection and so disposal of sanitary and liquid wastes will be through septic tanks and soakage pits as detailed in the project designs. Storm water will flow from the facility into the yet to be developed storm drains according to the set standards of NCA and Kwale County Construction by-Laws and will be drained to the designated and protected outflow sites.

There is access to a jetty (within 500m from the site) which can be used for mariculture related traffic

operations (boats) for research and development operations. The good thing is that the jetty sits

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______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018 within the SDFA&BE facility which is a sister organization to KMFRI, both being traditionally in same ministry.

1A: 'Coral rag' coastal forest: Vegetation-formation 1B: Forest fauna: Vegetation-formation relics are relics from fossil coral at the site home to monkeys such as depicted here

1C: : 'Coral rag' coastal forest: Fossil coral limestone 1D: Long-live baobab trees dot most of the ground on most of the ground area areas

Plate 1: Images showing Ecological indicators from the proposed KMFRI Construction site

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Plate 2A: Threatened Angolan black and white colobus Plate 2A: Horn-bill southern-banded eagle snake, one monkey associated with the forest near the proposed of two threatened birds in the areas associated with KMFRI site the forest near the proposed KMFRI site.

Plate 2C: Other mammals and primates associated with Plate 2C: Flying fauna associated with the forest the forest near the proposed KMFRI site: Red-bellied near the proposed KMFRI site: black kite Milvus coastal squirrel, yellow-baboon, sykes monkey and migrans raptors (which uses Shimoni forest as a Greater galago (Bush Baby) (Otolemur crassicaudatus), winter home), Collared sunbirds, African fish eagle, and Egyptian fruit bat (Rousettus aegyptiacus) characteristic of Shimoni forest and caves. Plate 2: Images showing species of conservation concern associated with Shimoni forest near the proposed

KMFRI Construction site. (Photo-images © GVI Charitable Trust)

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3A: Shimoni KWS facility for conservation of Kisite- 3B: Part of Shimoni primary school which is Mpunguti MPA and tourism development adjacent to the plot

3D: Private ecotourism players (top) and Local homesteads (bottom) co-exist 3C: Shimoni Health facility (top) and touristic coral rags in

Wasini (bottom)

Plate 3: photo-images showing neighbourhood features and land-use details next to KMFRI proposed

construction site 14

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4A: Shimoni Junction road bifurcating to the 4B: Part of the murrum road leading to Shimoni town from the site showing touristic, government junction (images © GVI Charitable Trust) functionaries and agency information boards

4C: High voltage and stepped down power 4D: Refurbished KeFS-jetty for loading and offloading (can be distribution lines within Shimoni Town used for launching maritime vessels) Plate-4 (left and right): access route that will take one to KMFRI site at Shimoni.

1.10. Project ownership details for the two sites

The plot for which this development will take place in Shimoni (Plot Title No: Kwale/Shimoni Village/S.S.S./83), Pongwe-Kidimu Division, Kwale County), is allocated under KMFRI. The land Part Development Plan (PDP) approved by the County Assembly shows that the area is earmarked for an educational and research facility (Appendix 2A-B). The proponent (KMFRI) therefore has development rights on the plot as per the county zonation plans.

1.11. Site Development considerations:

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KMFRI is keen to undertake construction of Marine Hatchery and Laboratories here. These proposed plans have been duly discussed with County Government of Kwale’s Departments – i.e., physical planning, public health, and public works (architects, building engineers and surveyors). These discussions have been translated into architectural and structural plans, drawings of which are attached hereto (Appendix 3A-D). These plans have been presented to County Government of Kwale where they have duly been discussed and deemed structurally sound and have been duly approval for construction development (Appendix 4A-C).

5A-Right side from the frontage: historic sites such as 5B-Conservation areas and sites for eco-tourism and Colonial DC residence built by the Imperial British East touristic facilities Africa Company in the south coast in 1885

5C-Touristic facilities such as accommodation sites for 5D- Other heritage issues of concern are (clockwise): eco-tourism and Sign at Shimoni jetty on standards and Kenya's first colonial prison in Shimoni, Shimoni Slave protocols to prevent harm or disruption to the natural Caves Office, Shimoni Post Office, and Shimoni rich processes for marine wildlife heritage and culture expressed through wares Plate-5: Heritage, conservation and management players and features associated with Shimoni.

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2.0 PROJECT CONSTRUCTION INFORMATION

2.1 KMFRI Hatchery and Laboratory Construction plan

The construction plan will follow the approved architectural and structural plans and will be in conformity with prevailing construction controls by agencies regulating such development at National and County Governments. The construction and development plan on KMFRI Marine Hatchery will be a simple construction limited to ground floor level only (Appendix 5A). The construction and development plan on KMFRI Marine Laboratory will be a permanent construction comprising four floors when completed. The Laboratory plans (Appendix 5B) are to be built in phases, with phase-1 projected to comprise the ground floor and first floors. There are pre-determined road reserves and power way leave areas which are not in competition with the siting of KMFRI construction site and construction plan.

Moreover, the construction plan will make provisions for the unique requirements for the services and operations expected. In particular, the approved architectural and structural plans will meet the National standards of office and laboratories (factories and office building regulations). In addition, and as shown in the approved architectural plan, the construction plan will make adequate provisions for parking slots for users and visitors to the facilities. It will also include adequate provisions for greening the laboratory compound (grass, gardens, trees and flower beds).

2.1.1 Construction phasing, equipment and materials for site development

During construction phase, equipment, materials and utilities that will be required for construction will be sourced from available market sources or pre-existing licensed / registered suppliers. Other low volume materials that may be needed (timber, nails, etc.) will be sourced locally where possible from local or nearby hardware and related licensed suppliers. Materials for all the works will be stored at a project site office (already built at the site). A construction plan will be followed and will be phased out, so that materials are brought to site only when their usage is required. The volume of construction materials involve is relatively small (see bills of quantities, (Appendix 6-7), and therefore an assessment of material source sites will not be required here in line with EMCA provisions and World Bank safeguards policies.

During occupancy phase there will be limited need for site development. Mostly maintenance issues will apply, amongst them including maintenance of building, plant, equipment and stores. In addition, the issues that concern equipment safety and work-place safety, and service provisions will be provided. The National and Kwale County Council Occupational Health and Safety as well as building

requirements for occupancy, occupational health requirements, provisions of clean water, electrical energy, and waste management, will be subjected to laws and regulations governing service provisions (some will be sub-contracted to third party licensed service providers). 17

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2.1.2 Utilities

During construction phase, utilities that will be required for the project works will include water, electrical energy and labour. These will be required only in limited quantities, and will be phased out. The project proponent has a number of possible alternatives that can be exploited to meet the required demand for utilities. These include, but not limited to, a) For water, local ground water resources already existing from local boreholes can be tapped (e.g., a bore-hole exists at KWS facility nearby). Existing sources of County Water Supply (piped water) to the facility can also be sourced through service supply from the Kwale or Shimoni Water Services Board to meet the anticipated demand. The projected volumes for construction are moderately low to upset competing demands. Alternatively water can be purchased directly from registered and licensed water bowser dealers (mobile water tanks distributing fresh water mostly by large lorries / trucks) as is sometimes done by KWS / public works when maintaining the Shimoni road. b) For electricity, the same has been sourced from the Kenya Power and Lighting Company. In the alternative, to cushion unforeseen power-off periods, in the early stages of construction (pre-occupation), power required for driving work during off-power periods can be supplied from a mobile electricity-generator. A number of dealers and suppliers for such exist in the market (Ukunda, Msambweni and even here in Mombasa Town). c) For labour, the proponent can use locally available labour in the construction phase as much as possible, unless specific skills required are not available locally and have to be outsourced. Alternatively, through a registered contractor, most of the labour requirements can be sub- contracted and handled by third party arrangements. d) Sewage handling from sanitary facilities of construction workers will need to be provided for. The most practical approach will be to do a temporary enclosed pit latrine which will be filled upon completion of works. This is a standard requirement for all construction sites. At the site, there is enough space to accommodate such.

During occupancy phase utilities that will be required for the tenancy include clean water, electrical energy, waste management (including laboratory waste management), and adherence to laws and regulations governing service provisions, e.g., a) National and Kwale County’s by-laws on riparian reserve, road reserve, forest reserves, ocean and beach reserve, etc., b) KPLC’s power way leave reserve requirements, c) National and Kwale County’s by-laws on Water Quality and Domestic Management Regulations, Laboratory Management Regulations, Occupational Health and Safety utilities, Environmental protection facilities, amongst others; d) National and Kwale County’s requirements on Environmental management and pollution

control, amongst others;

2.1.3 Waste Generation 18

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Waste is likely to be generated during construction phase and latter during occupancy phase. In the event of a stoppage order, or on decommissioning, construction wastes shall also be generated.

During construction phase the main types of solid wastes likely to be generated will include the excavated earth material, overburden off‐cuts from timber and other construction materials, paper waste especial from cement packaging and sewage from sanitary facilities used by construction workers. • Ground excavation and trenching will generate considerable quantity of overburden materials. Some of the overburden may be containing important plant and animal genetic material, or materials of conservation or heritage significance (this site being a former trade colony and is conservation area). Chance find procedures are provided in Appendix 11 of this report. Any unfamiliar archaeological material or materials containing any unique features will be submitted to the National Museums of Kenya (NMK) for verification and custody or clearance before disposal; • Construction will also generate waste material from off‐cuts of timber, poles that will be used in shuttering works, timber off‐cuts, metal pieces, etc.; • Paper waste likely to be generated during construction phase will mainly be from packing of cement; • Sewage during construction phase will be generated from sanitary facilities used by construction workers. There will be need to arrange for their collected when containment tanks are full. NEMA licence dealers operate locally for such services.

During occupancy phase waste likely to be generated from the facility may include the following: a) Assorted wastes from office and laboratory operations, dealers, suppliers and visitors: include old newsprint, plastic and paper wrappings, plastic and glass ware, food waste, fish wastes, packaging waste, etc.; b) Sewage from sanitary facilities; c) Obsolete equipment from obsolete refrigeration and electronics.

2.1.4 Noise and dust disturbance during construction

The construction works will be done during designated working hours (6am – 6pm). During this time, it is expected that some noise will be generated and some quantities of dust emitted as the works progresses. These will be controlled by use of appropriate technology and protection (sound reducing devices) and use of construction dust screens and periodic watering (for dust controls), and other compliance requirements to building regulations (e.g., NEMA’s Noise and Excessive Vibration Pollution Control of 2009).

During occupancy phase the operations of the facility will be subjected to laws and regulations governing noise level provisions and dust management as detailed in the environmental and social management plan. 19

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2.1.5 Project Cost

The main funding requirements for the project are to be supported by the Kenya Government (GOK) financing to KMFRI. The project proponent will be responsible for processing of necessary licences / approvals and related costs (National Construction Authority (NCA); WARMA; WASREP; Kwale’s NEMA; Kwale’s Physical planning; Kwale’s Public Health;), implementation (actual construction, operations, maintenances and decommissioning, and including ESIA studies and implementations of ESMP) and monitoring and evaluation. Together with consideration for contingencies, the project cost is estimated at about KES 120,000,000 for the hatchery and about KES 293,000,000 for KMFRI Labs (Appendix 6-7). The cost estimate for each component covers the following additionality:

a) Environmental mitigating measures, landscaping and restorations, as applicable; b) Contingencies.

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3.0 PROJECT ALTERNATIVES CONSIDERATIONS, CONSTRUCTION AND POLICY STANDARDS

3.1 KMFRI Project Site Alternatives

3.1.1 Alternative Analysis of KMFRI Site Locations

A master plan for NAMARET infrastructural development was studied after which the existing KMFRI sites were visited and analysed for potential development of NAMARET. Figure 3.1 shows the spatial site locations for the FIVE sites visited (Shimoni, Ngomeni, Mkomani, Gazi and Mtwapa). The NAMARET proposal consists of two (2) inter-related and overlapping large infrastructural developments (section 1.2 – 1.5) in the current phase, with a future forecast for three (3) additional large infrastructural developments. The Hatchery, in particular, has a unique demand mainly associated with close proximity to existing clear and clean marine waters.

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Figure 3.1: Spatial locations of KMFRI Sites considered in the analysis of alternatives for the NAMARET development plan.

These FIVE sites (Shimoni, Ngomeni, Mkomani, Gazi and Mtwapa) were considered for development of the NAMARET infrastructural requirements, taking into account factors such as availability of land and space, land encumbrances, construction cost, environmental impacts and future expansion, NAMARET Operations. Gazi site was eliminated from the detailed analysis since KMFRI, or the National Government through SDF-BE, does not have land here. The current presence of KMFRI at Gazi is on “lease arrangements on need basis” and KMFRI pays for rent for the office space that it uses. Therefore, for the detailed analysis, only FOUR sites (Shimoni, Ngomeni, Mkomani and Mtwapa) were considered.

Table 3.1 shows the compared options and results of alternative analysis. In conclusion, Option 4

(Shimoni site) was selected as the most suitable for NAMARET infrastructural requirements.

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Table 3.1 Results of Alternative Analysis for KMFRI sites (Shimoni, Ngomeni, Mkomani and Mtwapa)

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Option 1 Mtwapa Option 2 Mkomani Option 3 Ngomeni Option 3 Shimoni Parameter Availability of KMFRI has land (still under KMFRI has land BUT NOT KMFRI has NEITHER LAND KMFRI has land and space land and space transfer arrangements), space. Currently houses NOR SPACE. Current Site is about 200m from but currently invaded by the Headquarters and presence is on “lease the sea-shore (lowest tidal informal settlements and Mombasa Centre; arrangements on need water mark) has caveats; Site is about 20m from basis” Site is about 500m from the sea-shore(lowest tidal Site is about 1000m from the sea-shore (lowest tidal water mark) the sea-shore (lowest tidal water mark) water mark)

Land Land is titled under KALRO Lack of space for KMFRI has NEITHER LAND No land encumbrances; encumbrances and Space is NOT development as 90% of RIGHTS NOR SPACE clean title as reported in AVAILABLE currently as it the area is currently RIGHTS ESIA has legal issues and occupied by Headquarters Therefore “no locus challenges hampering and Mombasa Centre standi” development Construction Most costly as it will Extremely costly as it will KMFRI has NEITHER LAND Less than options 1 or 2 cost require large-scale require large-scale RIGHTS NOR SPACE resettlement action plan demolitions to redo a plan RIGHTS and costly transfer / and structure compatible transport of seawater to with competing demands

site

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Environmental Social impacts relating to Demolition impacts; KMFRI has NEITHER LAND Generally less than and social Re-settlement issues, Cultural heritage impact; RIGHTS NOR SPACE options 1 or 2; impact grievance redress, and Staff disruption impacts RIGHTS Main concern is potential right-of-way to and from biodiversity impacts the sea associated with the neighbouring Shimoni forest, which require diligent implementation of ESMP. NAMARET Due to uncertainties of Due to lack of space, KMFRI has NEITHER LAND Due to availability of land operation settlement displacements, NAMARET developed area RIGHTS NOR SPACE and space (within an there is a risk that future is kept at minimum size. RIGHTS already designated operations can be However, connectivity to compound), and room for sabotaged or maintenance demands to beneficiary future growth demand costs escalated due to communities and and expansion NAMARET hostile “host community” institutions, which is developed area is well environment and many planned for future planned and well- investments might remain development, make this executed. Moreover, unused site NOT PREFERED to connectivity to demands host NAMARET to beneficiary communities and institutions, which is planned for future

development, is GOOD

news for this site

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RECOMMEND NOT RECOMMENDED. NOT RECOMMENDED. NOT RECOMMENDED. RECOMMENDED. ATIONS

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3.2 KMFRI Site Materials Access Alternatives A recent evaluation of the existing access road to the site has been shown to be not the ideal road to access KMFRI site, which passes by Shimoni Caves. After consultations (Annex 12 – 14) with Public Works, KWS, KFS and NMK, Shimoni Caves CBO group and Friends of Shimoni Forest CBO it has been agreed that the existing access road will continue to be used until KERRA (in collaboration with KWS) has completed the new access road. The maps below (Fig 3.2) show these scenarios. The figure also shows the plot boundary of KMFRI relative to the intact Shimoni Forest which is under the custody of KWS and Friends of Shimoni (community forest association).

Fig 3.2: Google Map showing KMFRI Shimoni Site relative to existing Shimoni Forest and the proposed access road for the delivery of construction materials.

The access road indicated is about 1.3 kms from the existing all surface road to Shimoni town. The access road has been approved for upgrading by the National Government through the Ministry of Lands and Physical Planning. The KEMFSED team has conducted a screening and has requested to

review the ESIA for the upcoming road project to ensure it complies with the WB safeguards policies.

3.3 KMFRI Laboratory Construction Alternatives 27

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There are two project alternatives i.e. not to undertake KMFRI Laboratory construction (“no project” alternative) and to undertake the project (“with project” alternative). The two project options are considered below:

3.1.1. The “no project” alternative

This implies that the proposed KMFRI Laboratory construction activities will not be undertaken. In considering this option the following were taken cognizance of: • Infrastructural Advancement and the Corporate Vision and Strategic Plan for KMFRI, of which their approved planned KMFRI Laboratory construction activities stand to be compromised; • The proposed KMFRI Laboratory construction will empower part of Shimoni village residents to realize better economic and trade environment and livelihoods and business, and therefore the ‘no project’ alternative will not be favourable to this realization.

3.1.2. The “with project” alternative

This was considered to be a viable option. This option was considered viable as opposed to the ‘no option’ because the yes project alternative implies that KMFRI Laboratory construction will be implemented and once implemented there will be a number of gains that will be realised, notably, but not limited to: • Enhancement of the mariculture research and development agenda for KMFRI in line with their Strategic Plan, and in line with the National MTP-III development blueprint, The presidential Big-4 agenda, vision 2030 and AU’s Agenda 2063; • Employment opportunities for majority of Shimoni village residents during construction, and for some during operations, • Better livelihood for investors in blue-economy and other mariculture stakeholders, • Appropriation-in-Aid from investment to the proponent.

3.2. KMFRI Mariculture Hatchery Construction Alternatives

Similarly, there are two project alternatives i.e. not to undertake KMFRI Shimoni Mariculture Hatchery construction (“no project” alternative) and to undertake the project (“with project” alternative). Alternative sites were not considered, because the existing land features optimal characteristics vis- à-vis the project objectives and does not have potential significant impacts on the environment. The two project options are considered below:

a) The “no project” alternative:

This implies that the proposed KMFRI Marine Hatchery construction activities will not be undertaken. 28

In considering this option the following were taken cognizance of: Page

• There will be no propagation of marine seeds for finfish and shellfish culture for communities and private entrepreneurs for Mariculture development • No socio-economic benefits such as employment creation, income generation and food security for the intended project beneficiaries. The ‘no project’ alternative will not be favourable to this realization.

b) The “with project” alternative

This was considered to be a viable option. This option was considered viable as opposed to the ‘no option’ because the yes project alternative implies that KMFRI Marine hatchery construction will be implemented and once implemented there will be a number of gains that will be realised, notably, but not limited to: • Generation of quality fish seed and feed for mariculture development. • Enhancement of the mariculture research and development agenda for KMFRI in line with their Strategic Plan, and in line with the National MTP-III development blueprint, The presidential big-4 agenda, vision 2030 and AU’s Agenda 2063; • Employment opportunities for majority of Shimoni village residents during construction, and for some during operations, • Better livelihood for investors in blue-economy and other mariculture stakeholders, • A-in-A from investment to the proponent. • Training opportunities in managerial, technical and skilled manpower be geared towards mariculture development for the community.

с) Design alternatives for Hatchery and Laboratory Construction

Design alternatives for the proposed project activities covers alternative construction designs. These were discussed and the most optimal design was agreed upon between the client and National agency supporting Architectural, Structural development for government projects, and Kwale County Building and Licensing Control Departments. The ESIA expert opinion is that the proposed design features the least environmental and social impacts vis-à-vis project objectives and meets the statutory and regulatory requirements and can proceed.

d) Alternative use of proposed project site

Other alternative use of the proposed project sites considered the following: a) The site can be left as it is, such that no development takes place and no benefits accrue. This, however, will be against the philosophy of the New Constitution, Presidential Big-4 Agenda, as well as Kenya’s MTP-III plan (2018 – 22) where the country aims to achieve Fisheries

Development through “innovative and commercially oriented fisheries sector, and improving the value gained in the production and supply chain” in order to improve food security for

human well-being and attain mid-income economic status by the year 2030. 29 Page

b) This development has to be supported to address the fundamental challenges that is problematic to the Fisheries sector such as inadequate research information and development chains to drive local and international demand;

3.3 KMFRI Mariculture Hatchery Construction Standards

The construction and design standards adopted are in accordance with those approved by the County Government of Kwale, Physical Planning Department of the Ministry of Lands. The construction design process will also incorporate the requirements for the Policy and regulations from the National Construction Authority.

3.3.1 Preferred construction designs

The preferred designs for KMFRI Mariculture Hatchery developments were discussed with the project proponent, and were professionally tested by architectural and construction principles and best practice. The consensus is that they are satisfactory designs for the area / plot. These were further vetted by Kwale County Physical Planning Department responsible for such approvals and were passed as fit for application in development.

3.3.2 Hatchery construction components

The hatchery following its production units and will be divided into two main parts: ● Primary production units, where true primary production activities take place; and ● Service units, which provide the necessary support to the production units.

3.3.2.1 Live feed culture facilities

Live food organisms or plankton (plant and animal) play a role in all aquaculture systems and their culture is considered the heart of the hatchery or the seed production of economically important cultured species (Pena and Franco, 2013). Availability of suitable live food is one of the most critical factors in larval survival and growth. Considering that hatchery operators are not able to get a continuous supply of plankton from the natural environment due to the inability to control physic- chemical parameters and the presence of unwanted species, a hatchery must provide for the culture of live food. The live feed culture facility will comprise of the following: a) Phytoplankton stock and starter culture unit b) Intermediate algae culture unit c) Outdoor algal mass culture unit d) Rotifer stock and starter culture unit e) Rotifer culture and enrichment unit

f) Artemia nauplii production and enrichment unit

Each unit will be housed as a separate bio-secured area to avoid cross contamination (Jayakumar and

Nazar, 2013). 30

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This will be a typical air-conditioned Phycology laboratory that will house pure strains and starter culture cultures (from small vessels up to 5 - 20 litre flasks/carboys) under sterile conditions to avoid possible contamination(Jayakumar & Nazar, 2013, Pena & Franco, 2013). The main components will include the following facilities: ● Isolation room for purifying samples and obtaining new algal strains; ● Stock culture room for maintaining algal stock cultures; ● Working laboratory where culture of algal starters in small culture volumes; ● Hot room for sterilization of glassware; ● Chemical room for media preparation; and ● Reservoir area for storing filtered clean seawater. The floor and walls of the facility will be tiled for easy washing and disinfection and seawater lines fitted with cartridge filters and UV sterilizers installed to treat water prior to use. b) Intermediate algae culture unit (Wet laboratory)

This will be a typical larval food/phytoplankton culture area for scaling up cultures from 10 L to 20 ton tanks. In this unit, algae will be cultured in large quantities in large polyethylene (PE) bags/acrylic carboys/fiberglass tanks. These will be used as inoculums for culture of larger volumes of algae in outdoor units. This must be housed in a dedicated area adjacent to the stock culture/starter unit. Smaller 10 L tanks will be made of plastic while bigger tanks (500 L - 1 ton) are made of fiberglass (Pena and Franco, 2013). The floor of this room is to be tiled to facilitate easy cleaning and having a proper slope towards a drainage canal. The unit will also incorporate adequate fluorescent lights to accelerate algal growth including aeration and both sea and freshwater supply. c) Outdoor algal mass culture unit:

Large outdoor tanks (5 - 10 tons) will be of reinforced concrete tanks for easy handling capacity placed in a dedicated area adjacent to the intermediary culture unit (Pena and Franco, 2013). These tanks will receive inoculums from intermediary culture unit, and sufficient lighting provided. The tanks will be painted with white epoxy paint for improved light reflection, aeration, seawater and freshwater supply will also be provided as required.

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Proposed outdoor algal mass culture unit d) Rotifer stock and starter culture unit

This will be a similar set-up facility like the phytoplankton stock and starter culture unit. It will have a carbon dioxide supply for pure culture and starter culture of rotifers. e) Rotifer culture and enrichment unit

This unit is set away from the algal culture unit for culturing rotifers in large quantities from 1 - 5 tons capacity. f) Artemia nauplii production and enrichment unit

This unit will be carried out adjacent to the rotifer culture unit and has separate seawater and freshwater supply lines as well as an airline supply. Fiberglass tanks preferred with conical bottoms for easy harvest of nauplii.

3.3.3.2 Finfish culture facilities: a) Quarantine tank units

Quarantine tanks are holding incoming brood-stock from the wild entering into the hatchery as it undergoes proper treatment and conditioning to avoid the entry of pathogens into the hatchery. The quarantine tanks will have a flow-through water circulation, round or rounded shape, small size (4 to 6 m3) and with a smooth inner surface to allow for rapid cleaning, easier harvesting and reduced use of chemicals for treatment baths. The recommended building materials are: FRP, PVC,

PE or plastic-lined concrete tanks (FAO, 1999). It will not be in contact with other rearing units through effluents or sharing equipment, and will be isolated from other farm facilities. 32

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b) Brood-stock tank units

Vital unit of the hatchery meant to hold adequate stock of the parent fish to ensure timely production and supply of fertilized eggs of the best quality to the larval rearing unit. Six (6) indoor brood-stock tank units high value marine fish species such as milkfish, grouper and pompano and 6 outdoor tanks for species such as red snapper and rabbitfishes designed according to the requirements of the brood-stock fishes. c) Spawning and incubation tank units

These will be set up in a dedicated quiet area where fish will be kept temporarily to obtain fertilized eggs. The tanks will be provided with adequate facilities to take advantage of photoperiod and temperature regimes. The tanks could be round or rectangular (with rounded corners) of fiberglass or concrete.

Sample spawning and incubation tanks d) Larval rearing tank units

This unit will be separate from other units and have measures to prevent cross contamination from outside and within the tank facilities. Its main purpose would be to rear various stages of fish

larvae with utmost care.

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Larval rearing tanks e) Nursery rearing tank units

This unit will be placed near the larval rearing tank units to hold fish larvae that have reached weaning stage to inert larval diets.

Fig. Nursery rearing tanks

The detailed design for a hatchery of this scale including engineering, hydraulic, aeration,

electrical, water treatment and detailed fit-out would utilize the skills of a number of 34

professionals, who are already contracted. Page

3.4 KMFRI Laboratory Component

The Laboratory component holds functions for research and analysis. This component accommodates labs, analysis rooms, feed production facilities, seaweed processing facility, office rooms as well as a media room for scientific meetings, a central controlling room for facility management, and subsidiary facilities and communication system. It’s envisioned that this facility will be separate from the main hatchery facility due to the sensitivity of the hatchery environment.

Microbiology lab

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Biological lab

Fish feed extruder and feed storage

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3.5 National Environmental policy considerations

3.5.1 Environmental Assessment

Under the Environmental Classification of Projects in the Environmental Management and Coordination Act (EMCA) 1999 (amendment 2015), EMCA as the principal instrument of government in the implementation of all policies relating to the environment, and for the purposes of Environmental and Social Impact Assessment / Audit (ESIA/EA), the proposed project does not fall under the categories in the second schedule of projects that should undergo full ESIA studies, but requires full disclosure in the form of a project report, hence this assessment report.

3.5.2 Requirement for an Environmental Impact Assessment Project Report

In accordance with EMCA 1999 (amendment 2015), and the Environment Impact (Impact, Audit and Strategic Assessment) regulations, 2009, (amendment 2015), the proposed project will likely introduce some impacts to the physical and social environment. This requires an Environmental Assessment so as to develop an ESIA Project Report complete with an Environmental and Social Management Plan (ESMP). Such a compliance commitment document will ensure that that good environmental practice and “precautionary principles and practices” are mainstreamed at the start of the project and maintained / monitored throughout the life cycle of the project using known baseline conditions.

3.5.3 Environmental and Social Impact Assessment Guidelines and Lead Expert

According to EMCA, 1999 (amendment 2015), an Environmental Impact Assessment study shall be conducted in accordance with the general environmental impact assessment guidelines and sector Environmental Impact Assessment guidelines set out in the Third Schedule to the EMCA Regulations, 2009 (amendment 2015). Every Environmental Impact Assessment study shall be carried out by a Lead Expert qualified in accordance with the criteria of listing of experts specified in the Fourth Schedule. In this regard, the proponent has commissioned this ESIA Project Report to a NEMA ESIA/EA Lead Expert (Reg. No 1588), who is duly authorized to undertake such studies and the supporting registration certificate (NEMA 2018) and practising licence (NEMA 2018) are appended in Appendix 8 A-B.

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4 BASELINE INFORMATION ON THE STUDY AREA

4.1 The Marine Environment where hatchery water will be sourced from

4.1.1 The Marine Sampling areas The sampling areas for marine flora and intertidal benthic communities in shown in Figure 4.1 and 4.2.

Figure 4.1: Sampling zone for intertidal benthic communities likely to be impacted by hatchery water exchange. Proposed discharge point shown in lightning bolt shape

Figure 4.2: Close up of proposed discharge point relative to other existing maritime infrastructure. Page

4.1.2 Water quality within the Shimoni channel and intertidal flats a) Microbiological water quality

In this study, fecal coliforms and Escherichia coli (E. coli) were used as indicators of fecal contamination of marine and groundwater. E. coli are used as specific indicators of human health risk from recreational contact with fresh water and saline water. E. coli belong to the coliform group and are used as indicators of possible sewage contamination because they are commonly found in human and animal feces. Although they are generally not harmful themselves, they indicate the possible presence of pathogenic (disease-causing) bacteria, viruses, and protozoans that also live in human and animal digestive systems. Therefore, their presence in water bodies suggests that pathogenic microorganisms might also be present and that swimming and eating raw fish or shellfish might be a health risk.

Table 4.1.2.1: Summary of baseline data on microbiological water quality Faecal coli (mean E.coli (mean count count -MPN/100ml -MPN/100ml of Sampling site of water) SD water) SD KWS well 9.3 3.6 4.0 2.7 Private well adjacent to site 8.3 3.1 0.0 0.0 KWS floating jetty 2.7 0.9 0.0 0.0 Frontage of site/Shimoni Pry school 3.3 0.9 0.0 0.0 Shimoni jetty frontage 16.7 3.8 3.7 2.4 North of Shimoni jetty 21.7 3.6 17.0 0.0

Faecal coliforms (mean count-no/100ml)

25.0 20.0 15.0 10.0 5.0 0.0

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Esherichia coli (mean count-no/100ml ) 18.0 16.0 14.0 12.0 10.0 8.0 6.0 4.0 2.0 0.0 KWS well Private well KWS floating Frontage of Shimoni jetty North of adjacent to jetty site/Shimoni frontage Shimoni jetty site Pry school

It was observed that the quality of marine water in the intertidal area to the frontage of the proposed site for hatchery and laboratory was within acceptable limit for recreation. Areas to the northern and southern sides of the site showed elevated levels of fecal coliforms and E. coli indicative of anthropogenic inputs mainly through due to defecation arising from lack of sanitation facilities (toilets) in the neighbourhood. A close monitoring program will therefore be established to assist in ensuring acceptable microbiogical water quality for intended uses. b) Nutrients

Phosphates and nitrates are useful nutrients but when they become too concentrated in our water environments they can cause problems. High phosphate and nitrate levels can cause eutrophication – an issue when there is too much nutrient in a water body. High nutrient concentrations harm ecosystems, sensitive plants and animals, increases toxic algae incidences. High nutrient concentrations may lead to increased number of toxic algal blooms which are a hazard to people, domestic animals and wildlife and can lead to loss of sensitive plants, animals and their habitat. Oxygen levels reduce in water bodies affected by eutrophication, which may mean fewer aquatic animals including fish.

Water plankton within the Shimoni channel and intertidal flats

Plankton

Planktons are microscopic organisms drifting in oceans, seas, and bodies of fresh water. Phytoplankton are the plant component and zooplankton the animal components respectively. We

sampled their presence in to determine the current ecosystem heath and biodiversity and to monitor them during the period of project as they are indicators of ecosystem health and sensitive to any

anthropogenic pollutants. Four different sampling points along the coastline were sampled for 40 Page

______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018 plankton composition in the water column. Sampling was carried out both during low tide and high tide using plankton nets.

Phytoplankton community

Phytoplanktons are microscopic organisms that live in aquatic environments in both fresh and marine environments. Some phytoplankton are bacteria, most are single-celled plants. Among the common kinds are cyanobacteria, silica-encased diatoms, dinoflagellates, green algae, and coccolithophores. Phytoplanktons are the foundation of the aquatic life as they are fed on by zooplankton, small fish and invertebrates which are in turn fed on by bigger fish.

In Shimoni waters, at total of 103 species were identified. The phytoplankton species were present at most points sampled however varying in concentration. Diatoms formed the most dominant group with Chaetoceros sp found as the most dominant at point 3. Other dominant species were Protoperidinium sp, Nitzschia closterium , Pyrophacus sp and Ostreopsis sp. (Table 4.1.2.2). The full list of phytoplankton species encountered in Shimoni is attached as Appendix 9.

Table 4.1.2.2. Phytoplankton community (no/l) at Shimoni

Phytoplankton species Shimoni Jetty KWS Point 3 Point 4 Alexandrium sp. Dinoflagellate 70.83 31.3 12.5 0.0 Anabaena sp. Cyanobacteria 20.83 14.6 54.2 4.2 Asteronelopsis gracilis Diatom 12.50 6.3 87.5 47.9 Chaetoceros sp. Diatom 112.50 45.8 891.7 12.5 Coscinodiscus sp. Diatom 79.17 47.9 162.5 6.3 Dinobrayon sp. Flagellates 66.67 43.8 50.0 6.3 Dinophysis sp. Dinoflagellate 27.08 12.5 45.8 2.1 Gonyaulax sp. Green algae 27.08 27.1 45.8 4.2 Gymnodinium sp. Dinoflagellate 33.33 16.7 41.7 0.0 Navicula sp. Diatom 31.25 27.1 16.7 12.5 Nitzschia closterium Diatom 41.67 33.3 316.7 0.0 Noctiluca scintallans Dinoflagellate 27.08 0.0 37.5 0.0 Oscillatoria sp. Cyanobacteria 22.92 62.5 162.5 52.1 Ostreopsis sp. Dinoflagellate 56.25 104.2 208.3 4.2 Pleurosigma sp. Diatom 35.42 83.3 129.2 35.4 Prorocentrum sp. Dinoflagellate 45.83 18.8 120.8 4.2 Protoperidinium sp. Dinoflagellate 120.83 87.5 433.3 31.3 Pseudo-nitzschia sp. Diatom 10.42 39.6 129.2 10.4 Pyrophacus sp. Dinoflagellate 39.58 81.3 262.5 25.0 Rhizosolenia sp. Diatom 14.58 8.3 191.7 12.5 Scrippsiella trochoidea Dinoflagellate 25.00 4.2 29.2 0.0 Thalassionema sp. Diatom 12.50 4.2 20.8 4.2 Thalassiosira sp. Diatom 39.58 8.3 125.0 14.6

Zooplankton community 41

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Zooplankton community comprised of 24 major groups. Dominant of these were the Copepoda which comprised the most abundant taxa (Table 4.1.2.3). Cyclopoid Oithona sp. was the most abundant at points 3 and 4. Other dominant groups were Mysids, Foraminifera, Amphipods (Hyperiids), Ostracods and Chaetognaths

Table 4.1.2.3. Zooplankton community (no/m-2) at Shimoni POINT Taxa Species Shimoni jetty KWS Jetty POINT 3 4 Fish eggs 2 0 0 0 Polychaete larvae 15 10 40 62 Mysidacea 62 97 60 680 Mollusca Creseis sp 2 0 0 0 Gastropods 8 2 0 2 Bivalve 2 0 0 0 Ostracoda 2 0 0 0 Copepoda Oithona sp 0 0 3724 2702 Acrocalanus sp 10 5 0 5 Centropages sp 2 0 0 0 Oncaea sp 15 21 11 2 Temora sp 4 0 0 0 Harpacticoids 18 12 0 0 Scolecithrix sp 0 0 5 0 Eucalanus sp 0 0 2 0 Acartia sp 4 0 0 2 Corycaeus sp 4 0 0 0 Tortanus sp 0 0 0 20 Calanopia sp Echinodermata Ophioplatteus larvae 0 0 5 20 Foraminifera 12 2 102 45 Isopoda 7 10 20 62 Amphipod 0 0 Hyperiid 110 97 40 62 Ostracoda 3 0 120 40 Ceratopogonidae Culicoides larvae 0 0 0 20 Nematoda 2 2 0 25 Arthropoda

Tanaidacea 3 5 40 62 Cumacean 8 11 0 40 Chaetognatha 21 9 22 164 42

Appendicularia Page

Oikopleura 4 2 2 0 Insecta 3 0 0 0 Tunicata Ascidian larvae 4 2 2 0 Siphonophora Diphyes sp 0 0 8 0 Brachyuranzoea 2 0 0 0 Ctenophora 2 0 3 0 Hydrozoa 0 0 0 0 Turritopsis nutricula 2 0 0 0 Caridea 2 0 0 0 Euphausids 4 4 0 0 Fish larvae 0 0 0 2 339 291 4206 4017

This plankton community will form a baseline for future monitoring on any shifts in community patterns that may be attributed to the activity or otherwise. Fish larvae communities were scarce.

4.1.3 The Flora and Fauna within the intertidal flats a) Intertidal benthic community

Within a belt transect of 10 m wide by 400m long, the community structure was define by multiple species dominated by forms represented in Figure 4.1.3.1.

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KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018

44 Page a) Figure 4.1.3.1: Intertidal benthic community within the shoreline of Shimoni where intake and outlet pipes will be placed ______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018

4.2. Terrestrial Environment where construction will be conducted

4.2.1 Flora at KMFRI plot and neighborhood

Shimoni mainland forest neighboring the project site is a typical East African coastal forest, occurring on a coral rag (Clarke & Robertson, 2000). Shimoni forests in general, and inclusive of the proposed KMFRI construction site, have important fragments of coastal forest which remain unprotected within the laws and statues of Kenya, the majority of the area having been designated as communal village lands and subject to various land-use allocations, and the forest has continued to be lost to slash and burn for local agriculture, private development, timber extraction and charcoal burning. Plate 2 -3 has already shown the main flora associated with the proposed KMFRI construction site. In addition to the key forest vegetation formation already depicted, the following flora is listed for the proposed site (data based on archival result done by NMK, KMFRI, KWS, GVI, and other partners in 2013-14 using Belt transect sampling) and validated by KMFRI own assessment in September 2018. a) Growth habits of plants, a lifeform spectrum for the KMFRI’s Shimoni forest can be depicted as follows:

Fig. 5: lifeform spectrum for KMFRI Shimoni Research facility. (Data after Chesire Christopher of NMK in biodiversity assessment for Kisite-Mpunguti Marine National Park and Shimoni Mainland Forest, 2014, and validated by KMFRI self-assessment in September 2018).

b) The most frequent species, in the order of abundance included; Synaptolepis kirkii (Thymelaeaceae), Mallotus oppositifolius (Euphorbiaceae), Salacia elegans (Celastraceae), Ludia mauritiana (Flacourtiaceae), Coffea pseudozanguebariae (Rubiaceae), Uvaria acuminate (Annonaceae), Ochna thomasiana (Ochnaceae), Millettia usaramensis

(Papilionaceae), Markhamia zanzibarica (Bignoniaceae) and Lannea welwitschii

(Anacardiaceae);

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c) Overall, Euphorbiaceae and Poaceae were the most diverse families with 27 and 26 species respectively and each representing 6% of the entire species composition; d) Other well-represented families included Papilionacea, Apocynaceae, Rubiaceae, Annonaceae, Lamiaceae.

4.2.3 Fauna at KMFRI plot and neighborhood

Amongst the key faunal indicators listed for the proposed site (data based on archival result done by NMK, KMFRI, KWS, GVI, and other partners in 2013-14, and validated by KMFRI own assessment in September 2018), the following observations are key for the faunal baseline information.

(i) Small mammals, including rodents, shrews and bats associated with the proposed KMFRI construction site a. Rodent species encountered included: Rattus norvegicus, Stochomys longicaudatus, Beamys hendei, Paraxerus cf paliatus and Mastomys natalensis. Rattus norvegicus and M. natalensis were the most dominant (Plate 6A), b. Bat species included Rhinolophus clivosus, Hipposideros vittatas, H. caffer, Coleura afra, Triaenops afra and Rousettus aegyptiacus Plate 6B).

(ii) Bird species associated with the proposed KMFRI construction site included the near threatened Fischer's Turaco (Plate 6C), as well as species of regional concern including Palm- nut Vulture and Silvery-cheeked Hornbill (Plate 6C).

(iii) Reptiles and amphibians associated with the proposed KMFRI construction site included those depicted in Plate 6D.

(iv) Amongst the invertebrates, the Coconut crab (Birgus latro) stands out as a significant fauna

associated with these forests Plate 6D.

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Plate 6A: Rattus cf norvegicus observed in Lower Mpunguti and Plate 6B: Egyptian fruit bat (Rousettus Shimoni mainland (after Bernard Agwanda, NMK) aegyptiacus) from Shimoni forest

Plate 6C: near threatened Fischer's Turaco (left) and other birds dependent on Shimoni forest Yellow-bellied Greenbul, Chlorocichla flaviventriscentralis (middle) and Eastern Bearded Scrub Robin, Cercotrichas quadrivirgata (right)

Plate 6D: Reptiles, amphibians and gastropods from Shimoni Forest (from L-R and clockwise): Changamwe Caecilian (Boulengerula cf. changamwensis), Coral rag skink (Crytoblepharus boutonii), amani screaching frog (Arthroleptis cf.stendactylus), flap-necked chamaeleon (Chamaeleo dilepis) and a gastropod Coconut crab (Birgus latro)

Plate 6: main faunal indicator species associated with KMFRI site (Data source biodiversity assessment for Kisite-Mpunguti Marine National Park and Shimoni Mainland Forest, 2014 and validated by KMFRI own

assessment in September 2018). 47 Page

4.3 The Social and Cultural Environment

4.3.1 Key social characteristics

The study established that most respondents were residents of Shimoni sub-location (85.7%) living in Changai village where the project site is located, and the rest (14.3%) living in nearby Shimoni center. A total of 22 respondents were interviewed most of whom were male (59.1%). The area is relatively diverse in ethnic groups, with majority (80.9%) of the inhabitants being natives of the Digo ethnic group (47.6%) followed by Shirazi and Wakifundi (33.3%). The other ethnic groups that were present in the project area include the Pokomo (4.8%), Taita (4.8%), Kikuyu (4.8%) and Luo (4.8%).

Most (68.1%) of the respondents were below 40 years of age. This implies that majority of people living in Shimoni are in their youth; 55% of the respondents were aged between 31-40 years. This is the group that needs to be targeted if any of the interventions aimed at promoting mariculture in Shimoni are to succeed. The average household size was 6 members with a maximum of 11 members and a minimum of two people. With regard to levels of education, most of those interviewed had attained primary level of education (41%), followed by secondary level of education (33%) and then college/university (17%) education. There were other respondents who had undertaken adult education (9%). Since education is essential for adoption of mariculture technology, the results suggest that the respondents had attained the basic level of education that can enable them adopt the technology.

In terms of religion, about 82% of the respondents were Muslims while about 14% were Christians and 4% were atheists. This implies that any interventions that target the local communities must take cognizance of the values that are enshrined in the Islamic faith. The above socio-economic characteristics of the respondents are summarized in Table 4.

4.3.2 Role differentiation at the households in the project area

In terms of role differentiation at the household, the results of this study showed that there was a hierarchy in responsibilities with members of household playing varied roles. There was one household head that was mostly the bread winner and official spokesperson. In most households, this role was played by men. The second role was that of supportive bread winner which was played by either house wives or children.

4.3.3 Administrative and demographic characteristics of the project area

The project will be located at Shimoni (Changai Village) in Pongwe Kidimo Location of Kwale County. Kwale County has four sub-counties namely: Msambweni, Kwale, Lunga Lunga and Kinango which

make up the four political unit/ constituencies: Msambweni, Matuga, Lunga Lunga and Kinango and 48

six administrative divisions namely: Msambweni, Matuga, Kubo, Samburu, Kinango and Shimba hills. Page

It is further subdivided into 37 locations. Among this is Pongwe Kidimo Location in which the project site is located. It has four sub-locations namely: Wasini/Mkwiro and Shimoni(this two have been gazette to form a location, Mzizima and Majoreni. Shimoni sub location covers an area of 20Km2 with current population estimation projection being 7400 people (Table 4.3.1).

Table 4.3.1: Population estimations for 2016 (Source: Assistant Chiefs office) Location Sub-Locations Villages Population Pongwe Kidimo Wasini/Mkwiro - - Mzizima - - Majoreni - - Shimoni Mwanzaro 1200 Kichakamkwaju 800 Anzuani 1300 Mbuyuni 500 Vichangalaweni 1500 Shimoni centre 800 Majengo 900 Changai 400

4.3.1 Housing

About 69% of the houses in the project area were permanent buildings made of stone walls and iron sheet roofs. Another 26% of the houses were semi-permanent structures made of mud walls and iron sheet roofs while a few (5%) of the houses were temporary structures made of mud walls and “makuti” thatch roofs.

4.3.2 Economy

Results in Table 4.3.2 showed that the main occupation among respondents was small-scale business that accounted for 45% of the occupations in the project area. The small-scale businesses consisted of sale of food stuffs. Occupational diversification was also evident in the project area with people engaging in more than one economic activity. The diversification of economic activities is good since it brings stability on income generation within family (Crawford, 2002). It was established that

alternative livelihoods were undertaken by spouses and children in the family and they included fishing (26%), Small scale business (22%), subsistence farming (22%), casual labor (13%), employment

(13%), and tourism (4%). The diversification of economic activities in the project area indicates the 49 Page

______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018 residents of Shimoni are striving to maximize their livelihoods and incomes from various livelihood options. Mariculture will therefore come in as an alternative livelihood for the local communities. Table 4.3.2: Distribution of Occupations in the Project Area Occupation Proportion of respondents (%) Fishing 10 Small scale business 45 Formal employment 15 Casual labour 20 Tourism industry 10 Total 100

4.3.3.1 Land tenure and agriculture

The following are the main characteristics of land tenure and agriculture a) In this village, land ownership falls under the three recognized categories which include: community, private and the public land where the project falls under. A majority (77%) of the respondents admitted to owning land, with 60% of the respondents reporting to own 1.5 acres of land or more while on average, the respondents reported to own at least 2 acres. On average, the respondents reported to use 0.9 acres of land for food crop production, while land used for cash crop production was not identified. Cultivation is carried out by family members and they use hoes and machetes to prepare land before planting food crops. The most common Food crops planted in the area are Maize, Beans, Vegetables (Kales, Mabenda, Mkunde, Green grams and Mchicha), Millet, Mangoes and Bananas (which are used for subsistence). Cash crops grown by farmers are the Coconuts and Cashew nuts. On average, the land used for livestock grazing among the respondents was 0.125 acres. On average, those who owned land had 1.27 acres of un-used land. The presence of the un-used land among the locals indicated that there was sufficient space available where locals could undertake mariculture; b) Livestock rearing: The most domesticated animal in the Shimoni area was the goat, with those who owned them having, on average of nine goats. The most number of goats owned by one person was 30 goats, and the least were two goats. Cattle were also domesticated in the area but only 9% of the respondents owned them. On average, a household had five fowls (chicken/ducks), with the most number of fowls per family being 9 birds and the least 2 birds; c) Fisheries Resources: The community is heavily reliant on their fisheries (currently managed by two Beach Management Units: Shimoni and Kibuyuni BMUs). Therefore improving the status of fish production will be critical to the livelihood strategies employed within this locality (Table 4.3.3).

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Table 4.3.3: Impacts expected on Livelihood Assets Livelihood Positive Negative Assets Human Capital Knowledge and skills learnt - Natural Capital A more productive fisheries and its ecosystem - services Financial Capital Increased income from sale of products from - mariculture activities Physical Capital - - Social Capital Stronger and empowered networks due to - increased capacities d) As compared to the other counties in the coast, Kwale county is the second county with the highest 50 (25%), number of landing sites along the Kenyan coastline (Figure 4.3.2). Kilifi County has 67 (35%), Mombasa 44 (22%), Lamu 31 (16%) and Tana River with 5 (3%) respectively. Availability of enabling infrastructure was cited as one of the factors leading to the observed changes in landing sites. It is also worth noting that, over the last eight years there has been a gradual increase in fishers who use diversified fishing gears (SDF, Frame Survey, 2016). e) The ocean resource is the backbone of the Shimoni economy and most of the socio-economic activities in the area depend on the sea, either directly or indirectly. Fishing is practiced by both men and women; men use boats and gear to do their fishing, while women are mostly foot fishers who walk in shallow waters during low tide collecting octopus and other marine fisheries products. f) Other economic assets owned: The most commonly owned fishing gear was the fish trap (“malema”) and most commonly owned fishing vessel was the canoe which is locally known as “dau”. 27% of the respondents reported either owning a bicycle or a motor cycle, while only 5% of the respondents stated that they owned a vehicle. 68% of the households reported to own chairs/sofas in their houses, while 90% reported to have beds in their houses. Televisions were owned by 40% of the respondents, while Radios were owned by 55% of the respondents; g) Amenities and Supporting networks: (i) Schools: the village has two public primary schools in which the management is composed of a Parent Teacher Association (PTA) and Board of Management. The greatest disadvantage lies in the low teacher student ratio. Shimoni also boosts of a mixed secondary school and one technical college. (ii) Health: In Shimoni, the locals are heavily reliant on one dispensary that was established by the government although there are also three other clinics that are privately operated. The dispensary is managed by one public health officer, two nurses, one laboratory technician and two HIV and AIDS consultants. The dispensary offers outpatient services only where critical cases are referred to Msambweni or Lungalunga hospitals. Results from the dispensary indicate that the most prevalent ailment in the area were, upper tract respiratory chest infections, urinary tract infections ,malaria, skin infections and

hypertension among those over five years of age while upper tract respiratory chest 51

infections, urinary tract infections, fevers (unknown causes), diarrhea and malaria was Page

common among those under five years of age. Other diseases mentioned during the survey were, asthma, tetanus, malnutrition, flu, swelling of the body parts, HIV &AIDs, anemia, bilharzia and overweight among the adults. (iii) Infrastructure: Generally, the area has poor infrastructure development for instance roads, electricity, water etc. The village is served by both gravel and earth surface roads from the main road to the landing site. Water is accessed from different boreholes and wells that have been put up to be shared within a dwelling unit. (iv) Other economic assets owned: The most commonly owned fishing gear was the fish trap (“malema”) and most commonly owned fishing vessel was the canoe. 27% of the respondents reported either owning a bicycle or a motor cycle, while only 5% of the respondents stated that they owned a vehicle. 68% of the households reported to own chairs/sofas in their houses, while 90% reported to have beds in their houses. Televisions were owned by 40% of the respondents, while Radios were owned by 55% of the respondents.

Figure 4.3.1: Distribution of landing sites 2004 – 2016 by County and the total; Source SDF Frame survey, 2016.

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Table 4.3.4. Fisheries Frame survey summary statistics for Kwale county indicating number of fishers, registered landing sites, fishing crafts and fishing gears (Source: Fisheries Department Frame Survey Report, 2012).

2004 2006 2008 2012 2016 No. of fishers 2797 3086 3263 3837 3,539 Fishing crafts 797 726 849 1053 Gillnets 1539 1540 596 569 104 Long lines 868 Hand lines 2192 2510 1536 2431 1,457 Monofilament 52 304 27 255 104 Traps 4070 3672 2052 2384 2075 Beach seines 80 76 33 74 38 Prawn seines 78 22 204 112 95 Trolling lines 170 97 108 92 92 Cast nets 124 254 233 111 137 Spear guns/harpoons 203 438 525 612 363 Reef seines 34 56 41 34 56 Scoop nets 114 194 38 88 54 Number of landing sites 35 31 38 46 50 Number of landing sites on 5 5 Islands Landing sites with BMUs 2 9 49

Plate 4.4.4: Water sources within the project area (a) well and (b) water tank

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Shimoni area is supplied with electricity (whose supply is very erratic), though the area lacks reliable supply of fresh water - many locals depend on wells for water, which they pump into storage tanks and use for domestic purposes (Plate 4.4.4). Tap water is pumped from fresh water well in Panama area.

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5.0 PUBLIC CONSULTATION AND PARTICIPATION

5.1 The engagement processes

The key stakeholders were categorized in terms of their interests in the project as well as their expectations and influence. Based on this categorization, local communities were engaged through semi-structured interviews and focus group discussions while government actors were engaged through key informant interviews. The stakeholders that were mapped included the following: Government agencies including the Kwale County Fisheries Department, Kenya Forest Service, Kenya Wildlife Service and National Environment Management Authority (NEMA), beach management unit, local primary school, area chief, local dispensary, Kibuyuni self-help group and local communities. The stakeholder engagement took place between March 25th 2018 and 30th October 2018 (see Annex 12). Additional consultations took place in May (27-29), 2019. The community engagement focused on households that are located close to the proposed hatchery site. Details of the semi-structured interviews, focus group discussion, and key-informant interviews are presented below.

5.1.1 Semi-Structured Interviews

The semi-structured interviews were used to collect information from the communities that reside close to the project site. A total of twenty two (22) respondents were selected randomly from the community and interviews administered to them. The semi-structured type of questions allowed for two-way interactions and exchange of information between the interviewer and the respondent (Plate 4.3.1). This way the interviewer was able to get first hand reactions from the respondents and through which they were able to gauge their level of confidence in the proposed project on marine hatchery. After the day’s event, the research team met and discussed the key issues that came up during the data collection and the challenges experienced during the day’s exercise with an aim of coming up with solutions to mitigate recurrence.

Plate 5.1.1: Semi-structured interviews with households at Shimoni

5.1.2 Focus group discussion 55

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The focus group discussions were conducted using a set of discussion points to prompt discussions among participants (Plate 5.1.2). The focus group discussions were held with fish traders and fishermen. The discussion points, focused on the issues that were likely to emerge during the construction and operation of the proposed hatchery.

Plate 5.1.2: Focus groups discussion with stakeholders

The Focus group interview took place on the last day of the study, after semi-structured interviews had been conducted. The results from the focus group discussions helped the research team to better understand and validate the responses obtained through the semi-structured interviews, with regards to the proposed marine hatchery in Shimoni.

5.1.3 Key informant interviews

Key-informant interview technique was used to gather information from opinion leaders (Plate 5.1.3). The key informants were identified during stakeholder’s analysis and these included heads of: KWS, NEMA, SDF& BE, NMK, Dispensary, area administration-Chief, Village, BMU and the nearby Shimoni Primary School.

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Plate 5.1.3: Key informant interviews with different stakeholders

The information obtained from these Key informants helped in clarifying some of the issues that came up during questionnaire survey. The Key informants also raised concerns on the likelihood of some issues arising from the construction of the proposed fish hatchery, and also provided recommendations needed to promote sustainable development in the area.

5.1.4 Perceptions regarding the proposed marine hatchery construction plan

All the respondents and other stakeholders who were interviewed expressed their support for the proposed construction of the marine hatchery. Key stakeholders interviewed stated that this plan was long overdue given that Kenya is aiming at the Big Four Agenda among them being food security which will be well addressed by the operationalization of the proposed marine hatchery.

Generally, the local authorities and villagers are very interested to see that fish farming is up-scaled in the area. They believe that they could realize the benefits of the marine hatchery in terms of economic and social growth. They also appreciate the government effort to give its priority in development of aquaculture. However, the villagers requested for multi-stakeholder engagement and continuous training to ensure sustainability of the project.

Concerning the benefits derived from the nearby coastal waters, the County director of fisheries estimated that the coastal waters support 70% of economic activities in Shimoni. Those mentioned by respondents included: mariculture (seaweed farming), fishing, tourism (local & international), transport and communication, the ocean is also believed to create a micro-climate that attracts rainfall, recreational use, a boost in eco-tourism, use of the ocean water for medicinal purposes (e.g.

treatment of skin diseases); and use of ocean (salt) water for domestic purposes i.e. cleaning.

Currently, Mariculture is not practiced in Shimoni though fresh water aquaculture is present in some 57

areas. Twenty seven (27.3%) percent of respondents who reported presence of aquaculture activities Page

______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018 in Shimoni, identified Shimoni secondary school, Pilli Pippa hotel and Reef hotel as areas where fresh water aquaculture is taking place. Tilapia is the only fish being cultured in these identified areas. Though a number of those interviewed could relate to aquaculture activities in Shimoni, only 10% have actually been involved in the aquaculture activity. No one in Shimoni area has actually been involved in mariculture and the only reason identified for this was the lack of knowledge on mariculture. This implies that if the people in Shimoni had knowledge on how to carry out mariculture projects then a large number of the residents would engage in this economic activity. The proposed marine hatchery at KMFRI station in Shimoni is meant to promote mariculture activities in the area, meaning the locals will be able to gain knowledge and be empowered on how to actively participate in Mariculture.

Creating awareness amongst the local community on the need for the hatchery (and its socio- economic benefits), as well as the capacity building opportunities the locals will benefit from is absolutely essential. Without total buy-in of the project by the local community its chances of success are non-existent. The lesson learnt from fresh water aquaculture projects started in Shimoni by the Economic Stimulus Programme (ESP) in 2009, was that failure to involve the local community in project implementation resulted in total stagnation of such projects. Nine years after the projects were initiated they are still at the experimental level, and have yielded zero benefits to the local community.

This study’s results indicate that 73% of the respondents were not aware of any aquaculture activities happening in the area and 90% have never been involved in any aquaculture activity. Community involvement will be critical if KMFRI is to succeed in promoting Mariculture activities in the Shimoni area.

95.5% percent of the respondents were in agreement that fin and shellfish can be produced in the Shimoni area. However, none of the respondents had knowledge on how to culture these fish. Adequate sensitization is needed on the proposed hatchery as the survey results indicate that only 46% of those interviewed were aware of the project coming to Shimoni (despite the project aiming to benefit all of Shimoni’s population).

Issues raised during consultative meetings

Question/Comment Response from consultants The proposed hatchery project is long overdue and should have This is the purpose for which it been undertaken long ago. The hatchery will help develop is being pursued now mariculture in the whole area KMFRI needs to set up demonstration farms which would serve The hatchery would provide as a training facility for aquaculturists – to provide them with fish seed to address the gap

practical help in developing market-size fingerlings that currently makes

commercial mariculture

difficult 58 Page

It would be important to conduct a needs assessment among Needs assessment has shown Shimoni residents to establish how to make the hatchery benefit that lack of seed, fish farming them skills, feed, and demonstration centre have contributed to slow uptake of mariculture technology.

All stakeholders (especially the local community) should be Stakeholders will be engaged involved in the hatchery project as early as possible in order to throughout the project cycle. understand the project better, and ensure sustainability of the project. The hatchery would hopefully mark the start of alternative livelihoods in the village Area residents who are interested in mariculture will have the opportunity of developing their mariculture enterprises with the support of the hatchery.

The hatchery would encourage the development of fish farms, As above. which in turn would result in increased local incomes

KMFRI should ensure that the project gets the full support of the The stakeholder engagement local community for the hatchery project to succeed will be carried out throughout the project cycle so that all stakeholders including the local community own the project.

When the hatchery becomes operational, KMFRI should ensure KMFRI will strive to work with some members of the community are involved in the project for the community.

ownership

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6.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

6.1 Over-arching Constitutional and Vision 2030 Provisions:

6.1.1 The Constitution of Kenya

The current constitution was promulgated in 2010 establishing a system of devolved government based on counties. The key constitutional provisions relevant to the proposed KMFRI developmental project are: (i) Article 10 on national values and principles of governance including 10(2a) on democracy and participation of people; (ii) Fourth Schedule Article 10 on implementation of specific national government policies on natural resources and environmental conservation; (iii) Fourth Schedule Article 22 under national government on the protection of the environment and natural resources with a view to establishing a durable and sustainable system of development; (iv) Bill of rights Article 42 which states that every person has the right to a clean and healthy environment; (v) Article 196 on public participation.

In particular, the Kenyan Constitution’s Article 42 on the Bill of Rights provides that ‘every Kenyan has the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative and other measures’. Under Chapter 5 (Land and Environment), Part 1 is devoted to land. It requires that land be used and managed in ‘a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles:

(i) Equitable access to land; (ii) Security of land rights; (iii) Sustainable and productive management of land resources; (iv) Transparent and cost effective administration of land; and (v) Sound conservation and protection of ecologically sensitive areas.

Part 2 of Chapter 5 of the Constitution is dedicated to Environment and Natural Resources. Article 69 in Part 2 provides that the state shall;

(i) Ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing

benefits;

(ii) Work to achieve and maintain tree cover of at least ten per cent of the land area of Kenya;

(iii) Encourage public participation in the management of, protection and conservation of the 60

environment; Page

(iv) Protect genetic resources and biological diversity; (v) Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; (vi) Eliminate processes and activities that are likely to endanger the environment; and (vii) Utilize the environment and natural resources for the benefit of the people of Kenya.

Further, Article 70 states that if a person alleges that a right to a clean and healthy environment recognized and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress. KMFRI Marine Hatchery and Laboratories at Shimoni should ensure compliance with the constitution in so far as equitable sharing of the resources, between the stakeholders. Further, the project should ensure the sustainability of livelihoods and biological resources within the project areas are protected. Any development proposals should also be cognizant of the increased powers under the Constitution given to communities and individuals to enforce their rights through legal redress.

6.1.2 The County Governments Act, 2012

The cooperative system of devolved governance ensures adequate environmental protection through integrated cross county planning and management. Article 102 (d) obliges a County to protect and develop natural resources in a manner that aligns national policies. Article 103 (i) has provisions of County planning to work towards the achievement and maintenance of a tree cover of at least ten per cent of County area. Article 110 (2) (j) obliges the County government to develop spatial plans indicating the areas designated for conservation and recreation. Article 115 (1(b) (i, ii)) ensures mandatory public participation through clear strategic environmental assessments and environmental impact assessment reports. . 6.1.3 Kenya Vision 2030

Kenya Vision 2030 is the current national development blueprint for period 2008 to 2030 and was developed following on the successful implementation of the Economic Recovery Strategy for Wealth and Employment Creation which saw the country’s economy back on the path to rapid growth since 2002. GDP growth rose from 0.6% to 7% in 2007, but dropped to between 1.7% and 1.8% in 2008 and 2009 respectively. The objective of the Kenya Vision 2030 is to transform Kenya into a middle income country with a consistent annual growth of 10 % by the year 2030”. One of the aims of the vision is to make Kenya to be a nation that has a clean, secure and sustainable environment by 2030. This will be achieved through promoting environmental conservation to better support the economic pillar. Improving pollution and waste management through the application of the right economic incentives in development initiatives will also be critical. These have to be addressed within the development

plan and operational plan of proposed KMFRI Marine Hatchery and Laboratories at Shimoni.

61 Page

6.2 Policy aspects

6.2.1 The Land Policy (2007) and under revision by Sessional Paper, No. 1 of 2017 on National Land Use Policy

Two provisions of the land policy (2007) and several articles redefined under revision by Sessional Paper, No. 1 of 2017 on National Land Use Policy, apply to development plan and operational plan of proposed KMFRI Marine Hatchery and Laboratories at Shimoni:

a) Environmental management principles: To restore the environmental integrity the government shall introduce incentives and encourage use of technology and scientific methods for soil conservation and maintain beaches at high and low water marks and put in place measures to control beach erosion. Fragile ecosystems shall be managed and protected by developing a comprehensive land use policy bearing in mind the needs of the surrounding communities. Zoning of catchment areas to protect them from further degradation and establishing participatory mechanisms for sustainable management of fragile ecosystems will also be done. It will also develop procedures for co-management and rehabilitation of forest resources while recognizing traditional management systems and sharing of benefits with contiguous communities and individuals. Lastly all the national parks, game reserves, islands, front row beaches and all areas hosting fragile biodiversity are declared fragile ecosystems.

b) Conservation and sustainable management of land based natural resources: The sustainable management of land based natural resources depends largely on the governance system that defines the relationships between people, and between people and resources. To achieve an integrated approach to management of land based natural resources, all policies, regulations and laws dealing with these resources shall be harmonized with the framework law established by the ECA 1999 (amendment 2015).

The land policy has a vision of ‘efficient, sustainable and equitable use of land’. It designates all land in Kenya as Public, Community or Private; ‘Community land’ replaces the Trust Land category. It also recognizes and protects customary land rights. Recognition of community land (formally trust land under a County Council control) is provided under section 66(d) (ii) for restitution of illegally acquired as part of trust land to the affected communities and (v) for governing community land transactions using participatory processes.

Some key relevant issues:

(i) The exercise of (these) powers (compulsory acquisition and development control) should

be based on rationalized Land Use Plans and agreed upon Public Needs established through democratic processes (Section 43); (ii) Ensure that the exercise of development controls takes into account local practices and 62

community values on land use and environmental management (Section 51(f)); Page

(iii) Ensure effective public participation in the exercise of development control (Section 51(g)); and (iv) Strategies for benefits sharing should be developed taking into account the nature of the resources involved and the contribution that diverse actors make to the management of the resources (Section 98).

The policy also addresses land management. Key issues include Section 3.4.3.2 – ecosystem protection (including wetlands). Measures for protection are required with sub-section 135 addressing fragile ecosystems to be managed and protected. Sub-section 137 focuses on protection of watersheds, lakes, drainage basins & wetlands shall be guided by among other principles prohibition of settlement and agricultural activities in the water catchment areas, identification, delineation and gazettement of all water courses and wetlands as well as integrated resource management based on ecosystem structure. Section 3.4.3.3 addresses urban environment management on the face of the rapid urban development in the country. The section calls for control of waste dumping, regulation quarrying activities and rehabilitation of material dumping sites and land.

6.2.2 The National Environment Action Plan, 1994 (revised 2007)

According to the Kenya National Environment Action Plan (NEAP) 1994 (revised 2007), the Government recognized the negative impacts on ecosystems emanating from economic and social development programmes that disregarded environmental sustainability. In this regard, establishment of appropriate policies and legal guidelines, as well as harmonization of the existing ones, has been accomplished, while some others are in the process of development. Under the NEAP process Environmental Impact Assessment (ESIA) was introduced and among the key participants identified were institutions dealing with natural resources management. Chapter 4 sub-section 4.1.3 the NEAP report recommends that ESIA be made a pre-condition for approval of all projects as well as post investment impact assessment for all related operations.

The Environmental Management and Coordination Act, (EMCA, 1999) (amendment 2015) provides for the formulation of the National and County environmental action plans after the duration of five years. According to the NEAP Framework guidelines of 2016 – 2022, Chapter 4 sub-section 4.4.3 addresses the main environmental challenges of noise, air, water pollution, clearance of vegetation, solid and liquid waste disposal. It recommends the completion and implementation of air quality regulations and implementation of Noise and Excessive Vibrations Regulations, 2007 and the enforcement of EMCA (1999) (amendment 2015) and its subsidiary regulations.

6.2.3 Sessional Paper No. 6 of 1999 on Environment and Sustainable Development

Among the key objectives of the Sessional Paper No. 6 of 1999 on Environment and Sustainable

Development (1993) include that of ensuring that development policies, programmes and projects 63

take environmental considerations into account, ensuring that an independent environmental impact Page

______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018 assessment (ESIA) report is prepared for any development before implementation and to ensure that effluent treatment standards that conform to acceptable health standards are undertaken. This paper provided the basis for the Environmental Policy Framework. Under this paper, broad categories of development issues have been covered that require sustainable approach. These issues include clean development mechanisms, waste management and human settlement. The paper recommends the need for enhanced re-use/recycling of residues including wastewater and increased public awareness raising and appreciation of clean environment as well as the participation of stakeholders in the management of wastes within their localities. Regarding human settlement, the paper encourages better planning in both rural and urban areas and provision of basic needs such as water, drainage and waste disposal facilities among others for decent housing of every family.

6.2.4 Links to International Agreements and Conventions

6.2.4.1 The United Nations Framework Convention on Climate Change (UNFCCC)

The United Nations Framework Convention on Climate Change (UNFCCC) set an overall framework for intergovernmental efforts to tackle the challenge posed by climate change. The Intergovernmental Panel on Climate Change (IPCC) has identified increasing levels of atmospheric carbon dioxide (CO2) as a major cause of global warming. In 2005, a set of policies known as “Reducing Emissions from avoided Deforestation and forest Degradation” or REDD+ were introduced during COP11 of UNFCCC. REDD+ is concerned with both reducing emissions and enhancing carbon stocks through actions that address deforestation, forest degradation, forest conservation and sustainable forest management. Kenya’s ratification of Kyoto Protocol opens the door to trading in carbon emission reduction credits (CERs) through both compliant market and voluntary carbon markets. Evidence from research studies worldwide, have shown that marine and coastal resources are efficient carbon sinks and hence their protection and conservation is vital for climate change mitigation under REDD+ mechanism.

6.2.4.2 The Nairobi Convention

The Convention encompasses an ecosystems approach to the management of marine and coastal resources in the Western Indian Ocean (WIO) region. The approach recognizes the effect of the environment on the resource being exploited and the effect of resource exploitation on the environment. This approach ensures that there is a balance between sustainable use and the fair and equitable sharing of the benefits arising out of the utilization of marine and coastal resources over time.

6.2.4.3 The Convention on Biological Diversity

Biological diversity is a global asset of tremendous value to present and future generations. However, the threat to species and ecosystems has never been as great as it is today. General environmental degradation and in some cases species extinction caused by human activities continues at an alarming 64

rate. In appreciation of the value of global biodiversity and the continued degradation, the United Page

Nations Environment Programme (UNEP) led a process that culminated in the formation of the Convention on Biological Diversity (CBD) in 1992 at the United Nations Conference on Environment and Development (the Rio "Earth Summit"). The Convention on Biological Diversity was inspired by the world community's growing commitment to sustainable development. It represents a dramatic step forward in the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from the use of genetic resources.

6.2.4.4 Applicable World Bank Safeguards and International Conventions

The following international treaties, Conventions, and WB Policies have provisions applicable to the proposed project intervention “KMFRI Marine Hatchery and Laboratories at Shimoni” and would have to be complied with:

Table 5.1: WB Safeguard Policies and International Conventions Applicable KMFRI Works World Bank Operational Policy 4.01 (Environmental Assessment) World Bank Operational Policy 4.04 (Natural Habitats) World Bank Operational Policy 4.10 (Indigenous Peoples) World Bank Operational Policy 4.11 (Physical Cultural Resources) World Bank Operational Policy 4.36 (Forests) World Bank Group Environment, Health and Safety Guidelines1 Convention Concerning the Protection of the World Cultural and Natural Heritage, Paris 1972 Convention on Wetland of International Importance (Ramsar, 1971) Convention on Biological Diversity (1992) Bonn Convention on the Conservation of Migratory Species of Wild Animals Washington Convention on International Trade in Endangered Species (CITES,1973) Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes (1989) International Convention on Oil Pollution Preparedness, Response and Cooperation (1990)

1 WBG EHS Guidelines relevant to the project include:

General guidelines: https://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final%2B-

%2BGeneral%2BEHS%2BGuidelines.pdf?MOD=AJPERES

Aquaculture guidelines: 65 https://www.ifc.org/wps/wcm/connect/769e90804886595bb8fafa6a6515bb18/Final%2B-

%2BAquaculture.pdf?MOD=AJPERES). Page

6.2.5 Links to other national strategies and action plans

6.2.5.1 The ICZM Policy and Action Plan

One of the major challenges facing the management of resources at the coast is a governance system based on a sectoral approach, which does not recognize the interconnectedness of ecosystems in resource management. Consequently, the sectoral approach to development planning and management, combined with population pressure and the intensity and complexity of human activities have resulted to resource use conflicts and adverse socioeconomic and environmental effects. The draft Integrated Coastal Zone Management (ICZM) Policy and the Action Plan have identified various measures and strategies for implementation to reverse environmental degradation and promote sustainable utilization of coastal and marine resources.

6.2.5.2 The National Climate Change Response Strategy (NCCRS)

Oceans and forests have increasingly been highlighted for their significant role in climate change mitigation. They play a major role in carbon cycling and serve as a major carbon sink forming an active carbon pool that accounts for over 60 percent of carbon storage on land. The National Climate Change Response Strategy (NCCRS) provides a framework for re-orienting national programmes towards a low carbon development pathway. The Strategy aims at a climate-proof socioeconomic development anchored on a low-carbon path. The blue economy and forestry sector has been highlighted as a major vehicle in addressing this goal.

6.2.5.3 The National Biodiversity Strategy, 2007

The overall objective of the National Biodiversity Strategy and Action Plan (NBSAP) is to address the national and international undertakings elaborated in Article 6 of the Convention on Biological Diversity (CBD). It is a national framework of action to ensure that the present rate of biodiversity loss is reversed and the present levels of biological resources are maintained at sustainable levels for posterity. The general objectives of the strategy are to conserve Kenya’s biodiversity to sustainably use its components; to fairly and equitably share the benefits arising from the utilization of biological resources among the stakeholders; and to enhance technical and scientific cooperation nationally and internationally, including the exchange of information in support of biological conservation.

6.2.5.4 The National Policy on Water Resources Management and Development

The National Policy on Water Resources Management and Development (Sessional Paper No. 1 of 1999) was established with an objective to preserve, conserve and protect available water resources and allocate it in a sustainable rational and economic way. It also desires to supply water of good 66

quality and in sufficient quantities to meet the various water needs while ensuring safe disposal of Page

______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018 wastewater and environmental protection. The policy focuses on streamlining provision of water for domestic use, agriculture, livestock development and industrial utilization with a view to realizing the goals of the Sustainable Development Goals (SDGs) as well as Kenya Vision 2030. To achieve these goals, water supply (through increased household connections and developing other sources) and improved sanitation is required in addition to interventions in capacity building and institutional reforms.

While the National Policy on Water Resources Management and Development (1999) enhances a systematic development of water facilities in all sectors for promotion of the country’s socio-economic progress, it also recognizes the by-products of this process as wastewater. It, therefore, calls for development of appropriate sanitation systems to protect people’s health and water resources from institutional pollution. Development projects, therefore, should be accompanied by corresponding waste management systems to handle the wastewater and other waste emanating there from. The same policy requires that such projects should also undergo comprehensive ESIAs that will provide suitable measures to be taken to ensure environmental resources and people’s health in the immediate neighbourhood and further downstream are not negatively impacted by the emissions.

6.2.5.5 The National Poverty Eradication Plan (NPEP) and the Poverty Reduction Strategies Paper (PRSP)

The objective of the NPEP was to reduce the incidence of poverty in both urban and rural areas by 50% by the year 2015 as well as strengthening the capabilities of the poor and the vulnerable groups to earn income. It also aimed to narrow gender and geographical disparities and create a healthy, better educated and more productive population. The plan was prepared in line with the goals and commitment of The World Summit for Social Development (WSSD) of 1995 and focuses on the four WSSD themes of poverty eradication, reduction of unemployment, social integration of the disadvantaged people and creation of enabling economic, political, and cultural environment. This plan was to be implemented by the Poverty Eradication Commission (PEC) formed in collaboration with government ministries; community based organizations, the private sector, non-governmental organizations, and bilateral and multilateral donors.

The NPEP emphasized the empowerment of poor people and their communities to better manage their resources for collective advancement. The PRSP had the twin objectives of poverty reduction and economic growth. The paper articulated Kenya’s commitment and approach to fighting poverty, with the basic rationale that the war against poverty cannot be won without participation of the poor themselves. Any development project that incorporates these strategies in its plans is most welcome in Kenya.

6.3 Legal aspects

5.3.1 The Environment Management and Co-ordination Act, 1999, (amendment 2015) 67

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This is the environmental framework legislation, Environment Management & Coordination Act, 1999 (amendment 2015), which provides for the establishment of an appropriate legal and institutional framework for the management of the environment. The Act established the National Environment Management Authority (NEMA) as the regulatory authority in charge of environmental matters. Relevant Provisions include mandates given to NEMA such as: (i) Section 2(a): Co-ordination of environmental management activities and promotion and integration of environmental considerations into development projects. (ii) Section 2(d): Examination of land use patterns to determine their impact on the quality and quantity of natural resources; (iii) Section 2(e): Carry out surveys to assist in the proper management and conservation of the environment; (iv) Section 2(l): Monitor and assess activities carried out by proponents in order to ensure that the environment is not degraded by such activities, that environmental management objectives are adhered to, and adequate early warning on impending environmental emergencies is given.

Part II of the Environment Management & Coordination Act, 1999 (amendment 2015), states that every person in Kenya is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment. In order to partly ensure this is achieved, Part VI of the Act directs that any new programme, activity or operation should undergo environmental impact assessment and a report prepared for submission to the National Environmental Management Authority (NEMA), who in turn may issue a license as appropriate.

Section 87 sub-section 1 states that no person shall discharge or dispose of any wastes, whether generated within or outside Kenya, in such a manner as to cause pollution to the environment or ill health to any person, while section 88 provides for acquiring of a license for generation, transporting or operating waste disposal facility. According to section 89, any person who, at the commencement of this Act, owns or operates a waste disposal site or plant or generate hazardous waste, shall apply to the NEMA for a license. Sections 90 through 100 outline more regulations on management of hazardous and toxic substances including oils, chemicals, reagents and pesticides.

Finally, the environmental impact assessment guidelines require that study be conducted in accordance with the issues and general guidelines spelt out in the second and third schedules of the regulations. These include coverage of the issues on schedule 2 (ecological, social, landscape, land use and water considerations) and general guidelines on schedule 3 (impacts and their sources, project details, national legislation, mitigation measures, a management plan and environmental auditing schedules and procedures.

Compliance Aspects This applies in all aspects of the KMFRI Marine Hatchery and Laboratories at Shimoni project including among others: 68

✓ Social disruption control Page

✓ Waste management ✓ Effluent discharge practices ✓ Aerial emissions, ✓ Excessive noise and vibrations ✓ Excavations and soil loss ✓ Adverse interference with natural resources including coastal tropical forests and water resources. ✓ The project cycle should ensure compliance with this statute all the time.

6.3.2 Environmental Management Regulations

6.3.2.1 Environmental (Impact Assessment and Audit) Regulations, 2003 (Legal Notice No.101)

Part V Section 31 states that an Environmental audit is expected to be undertaken on the development activities likely to have adverse environmental impacts. The audit exercise is expected to be conducted by a qualified environmental inspector registered in accordance with regulation 14.

Section 31(3) the environmental Audit study is prepared based on the baseline information provided in the Environmental impact assessment report study which will be used as baseline information upon which subsequent environmental control audit studies shall be undertaken.

According to section 31(7) information required to be included in the audit report is mentioned; past and present impacts of the project, responsibility and proficiency of the operators of the project, existing internal control mechanisms to identify and mitigate activities with negative environmental impacts, existing internal control mechanisms to ensure workers health and safety, existence of environmental awareness and sensitization measures including environmental standards and regulations, law and policy for managerial and operational personnel.

Compliance Aspects Provides a guide to the environmental inspectors and auditors on the requirements during the audit process of KMFRI Marine Hatchery and Laboratories at Shimoni project: ✓ Waste Management ✓ Noise and Excessive Vibration Pollution Management ✓ Resource Management (including Biodiversity Management) ✓ Air Emission (including Fossil Fuel Emission) Control Management ✓ Water Management ✓ Land Management ✓ Environmental Reports

✓ Closure Plans ✓ Material Safety Data Sheets (MSDS) ✓ Environmental Training And Awareness 69

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6.3.2.2 Water Quality Regulations, 2006 (Legal Notice No. 120)

These regulations were drawn under section 147 of the Environmental Management and Coordination Act 1999. In accordance with the regulations, every person shall refrain from acts that could directly or indirectly cause immediate or subsequent water pollution and no one should throw or cause to flow into water resources any materials such as to contaminate the water. The regulation also provides for protection of springs, streams and other water sources from pollution.

Compliance Aspect Applies anytime there is a discharge of effluent into the environment without meeting the established standards. This requires “all time compliance” through the project cycle.

6.3.2.3 Waste Management Regulations, 2006 (Legal Notice No. 121)

The regulations are formed under sections 92 and 147 of the Environmental Management and Coordination Act, 1999. Under the regulations, a waste generator is defined as any person whose activities produces waste while waste management is the administration or operation used in handling, packaging, treatment, conditioning, storage and disposal of waste. The regulations requires a waste generator to collect, segregate and dispose each category of waste in such manners and facilities as provided by relevant authorities. Regarding transportation, licensed persons shall operate transportation vehicles approved by NEMA and will collect waste from designated areas and deliver to designated disposal sites.

Compliance Aspect Will apply on disposal of solid and liquid wastes into the environmental without complying with the established standards and procedures. This requires “all time compliance” through the project cycle.

6.3.2.4 Noise and Excessive Vibration Pollution Control Regulations, 2009

Part II section 3(I) of these Regulations states that: no person shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment; and section 3(2) states that in determining whether noise is loud, unreasonable, unnecessary or unusual. Part II Section 4 also states that: except as otherwise provided in these Regulations, no person shall (a) make or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort, repose, health or safety of others and the environment; or (b) cause to be made excessive vibrations which exceed 0.5 centimeters per second beyond any source property boundary or 30m from any moving source.

Compliance Aspect Effects of activities with noise and vibrations in excess of the established standards. This 70

requires “all time compliance” through the construction phase of the project. Page

Conservation of Biodiversity Diversity and Resources Access to Genetic Resources and Benefit Sharing Regulations, 2006 Part II of Regulations, section 4 states that no person shall engage in any activity that may have adverse impacts on ecosystems, lead to introduction of exotic / alien species or lead to unsustainable use of natural resources without an ESIA license. The regulation puts in place measures to control and regulate access and utilization of biological diversity that include among others banning and restricting access to threatened species for regeneration purposes. It also provides for protection of land, sea. Lake or river declared to be a protected natural environmental system in accordance to section 54 of EMCA, 1999.

Compliance Aspect ✓ Has relevance on activities interfering with natural habitats and genetic species therein. ✓ The affected species need to be identified during an ESIA process and restoration plan established before the sub-project implementation commences. ✓ This requires “all time compliance” through the project cycle.

6.3.2.5 Air Emission (including Fossil Fuel Emission) Control Regulations, 2006

This Regulation aims at eliminating or reducing emissions generated by internal combustion engines to acceptable standards. The regulation provides guidelines on use of clean fuels, use of catalysts and inspection procedures for engines and generators. This regulation is triggered as the proponent would use vehicles and equipment that depend on fossil fuel as their source of energy. It is recommended the requirements of the regulation be implemented in order to eliminate or reduce negative air quality impacts.

Compliance Aspect This would be relevant for construction equipment and vehicles and operations within the project area without complying with the established standards and procedures. This requires “all time compliance” through the project cycle.

6.3.2.6 Conservation of Biological Diversity and Resources, Access to Genetic Resources and Benefit Sharing) Regulations, 2006

This Regulation (also known as Access and Benefit-Sharing (ABS)) regulations is based on an established international system that spells out the way in which genetic resources and associated traditional knowledge are accessed, and how the benefits that result from their use are shared

between the users and the providers. The concept was coined during negotiations and signing of Convention on Biological Diversity (CBD) in 1992. It is entrenched in the third objective of CBD, which requires all contracting parties to ensure fair and equitable access to genetic resources and sharing of 71

benefits accruing from utilization of genetic resources and associated traditional knowledge. Page

NEMA is the national authority for the implementation of the Convention on Biological Diversity (CBD), and Nagoya Protocol. It implements the ABS under Environmental Management and Coordination Act, 1999 (Conservation of Biological Diversity and Resources; Access to Genetic Resources and Benefit Sharing) Regulations 2006 (often called “Legal notice No. 160 of 2006”) and other relevant national laws and policies. It works closely with national competent authorities (lead agencies) in coordination and implementation of environment and biodiversity conservation policy and regulations in the country. The Access and Benefit-Sharing information portal at NEMA is a platform for exchanging information on ABS as a tool for facilitating the implementation of the Nagoya Protocol at national level. This information portal also provides information on concepts and procedures of access to genetic resources and sharing of the benefits that accrue from its utilization in Kenya. It is meant to create awareness to local communities as well as providing guidance in management and monitoring of utilization of genetic resources by policy makers, regulators and checkpoints in Kenya. Kenya signed the protocol on 2012-02-01 ratified on 2014-04-07 and become a party on 2014-10-12

Compliance Aspect This would be relevant for species identified and selected for hatchery development in ensuring compliance with the established standards, procedures and regulations.

6.3.2.7 EMCA (Controlled Substances) Regulation, 2007

This regulation controls the production, consumption and exports and imports of controlled substances. Some chemical regents in use in the laboratory may belong to this category of controlled substances. Compliance Aspect This would be relevant for laboratory equipment and operations within the project area without complying with the established standards and procedures. This requires “all time compliance” during the operation phase of the project cycle.

6.3.2.8 The Water Act 2002 (read together with Water Act 2016)

The Water Act 2016 technically repeals the Water Act 2002. The Water Act 2016 redefined roles and responsibilities for the management, development and regulation of water resources and water services. The Act presents a number of changes in the water sector with the aim of improving service

Part II section 18 provides for national monitoring and information systems on water resources. Following on this, sub-section 3 allows the Water Resources Management Authority to demand from any person, specified information, documents, samples or materials on water resources. Under these

rules, specific records may be required to be kept and the information thereof furnished to the authority on demand.

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Section 25 of the Act requires a permit to be obtained for among others any use of water from a water resources, discharge of a pollutant into any water resource. According to section 29 of the same Act, application for such a permit shall be subject to public consultation as well as an environmental impact assessment as per the Environmental Management and Coordination Act, 1999 (amendment 2015). The conditions of the permit may also be varied if the authority feels that the water so used is causing deterioration of water quality or causing shortage of water for other purposes that the authority may consider has priority. This is provided for under section 35 of the Act.

Compliance Aspect ✓ This would be relevant to ensure all operations before, during and after construction, complies with sustainable utilization of water resources including protection of the same from pollution and degradation (abstraction, use and disposal of wastewater thereof). ✓ Related water rules should be applied at all times. All water related initiatives should undergo ESIA process.

6.3.3 The Public Health Act (Cap 242) [Act No. 17 of 2006, read together with Act No. 12 of 2012].

Part IX section 115 states that no person shall cause nuisance or condition liable to be injurious or dangerous to human health. Section 116 requires County Governments to take all lawful, necessary and reasonably practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable for injurious or dangerous to human health.

Such nuisance or conditions are defined under section 118 as waste pipes, sewers, drains or refuse pits in such a state, situated or constructed as, in the opinion of the medical officer of health, to be offensive or injurious to health. Any noxious matter or waste water flowing or discharged from any premises into Public Street or into the gutter or side channel or watercourse, irrigation channel or bed not approved for discharge is also deemed as a nuisance. Other nuisances are accumulation of materials or refuse which in the opinion of the medical officer of health is likely to harbour rats or other vermin.

On the responsibility of County Governments, Part XI section 129 of the Act states in part “It shall be the duty of every County Governments to take all lawful, necessary and reasonably practicable measures for preventing any pollution dangerous to health of any supply of water which the public within its jurisdiction has a right to use and does use for drinking or domestic purposes, and purifying such supply so polluted”. Section 130 provides for making and imposing on County Governments and others the duty of enforcing rules in respect of prohibiting use of water supply or erection of structures draining filth or noxious matter into water supply as mentioned in section 129.

Compliance Aspect

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✓ This would be particularly relevant for construction and operational processes with direct or indirect implications on the health of the workers or the neighbouring communities. ✓ All health and safety measures should be in place to ensure the workers and the neighboring communities are not exposed to risks.

6.3.4 The Penal Code (Cap. 63)

Section 191 of the Penal Code states that any person or institution that voluntarily corrupts or foils water for public springs or reservoirs, rendering it less fit for its ordinary use is guilty of an offence. Section 192 of the same act says a person who makes or vitiates the atmosphere in any place to make it noxious to health of persons/institution in dwellings or business premises in the neighbourhood or those passing along public way, commit an offence.

Compliance Aspect This statute controls public nuisance including waste water discharge, emissions, safety and security from construction activities.

6.3.5 The Lands Act, 2012

This is an Act of Parliament to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources. It has repealed the Way leaves Act, Cap 292 and the Land Acquisition Act, Cap 295 and therefore provides for land acquisition for various purposes. Section 5 (1) of this Act provides the following forms of land tenure: (i) Freehold; (ii) Leasehold; (iii) Such forms of partial interest as may be defined under this act and other law, including but not limited to easements; and (iv) Customary land rights, where consistent with the Constitution.

The Act specifies that there shall be equal recognition and enforcement of land rights arising under all tenure systems and non-discrimination in ownership of, and access to land under all tenure systems

Part II Section 8 provides guidelines on management of public land by National Land Commission on behalf of both National and County Governments. This law in Section 8(b) stipulates that the Commission shall evaluate all parcels of public land based on land capability classification, land resources mapping consideration, overall potential for use, and resource evaluation data for land use

planning. Section 8(d) stipulates that The Commission may require the land to be used for specified purposes subject to such conditions, covenants, encumbrances or reservations as are specified in the relevant order or other instrument 74

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In managing public land the Commission is further required in Section 10(1) to prescribe guidelines for the management of public land by all public agencies, statutory bodies and state corporations in actual occupation or use. In these guidelines management priorities and operational principles for the management of public land resources for identified uses shall be stated. This in essence means that the Commission shall take appropriate action to maintain public land that has endangered or endemic species of flora and fauna, critical habitats or protected areas. As well the Commission shall identify ecologically sensitive areas that are within public lands and demarcate or take any other justified action on those areas and act to prevent environmental degradation and climate change

Compliance Aspect ✓ This part of the law seeks to preserve and direct management of fragile public land held by the various public bodies for sustainable development. ✓ KMFRI is a public body and once land has been allocation and approved for specific developments, it is vested into their custody as the acquiring body. Thus expected to comply with this statute.

6.3.6 The Physical Planning Act (Cap 286) revised 2009

This Law contains the national legal framework for planning and development control and establishes the office of Director of Physical Planning who is the chief Government adviser on all matters relating to physical planning. This Act also creates the National Physical Planning Liaison Committee to hear and determine appeals lodged by a person or local authority aggrieved by the decision of the lower- level liaison committees. It also creates two types of physical development plans:

(i) The regional physical development plans which apply for all land within the area of a county council with a view of improving the land and making suitable provision for land- use, open spaces etc. (ii) The local physical development plans which apply for all land within the authority of an urban council with a view of urban renewal and/or redevelopment purposes.

Finally, this document requires every developer to obtain a development permit from a local authority and states that the preparation of land use and subdivision plans in relation to private property should be done by a registered physical planner and approved by the Director. This Act repeals the Town Planning Act as well as the Land Planning Act.

Section 24 of the Physical Planning Act gives provision for the development of local physical development plan for guiding and coordinating development of infrastructure facilities and services within the area of authority of County, municipal and town council and for specific control of the use

and development of land. The plan shows the manner in which the land in the area may be used. Section 29 of the Physical Planning Act gives the county councils power to prohibit and control the use of land, building, and subdivision of land, in the interest of proper and orderly development of its area. 75

The same section also allows them to approve all development applications and grant development Page

______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018 permissions as well as to ensure the proper execution and implications of approved physical development plans. On zoning, the act empowers them to formulate by-laws in respect of use and density of development.

Section 30 states that any person who carries out development within an area of a County authority without development permission shall be guilty of an offence and the development shall be invalid. The act also gives the County authority power to compel the developer to restore the land on which such development has taken place to its original conditions within a period of ninety days. If no action is taken, then the council will restore the land and recover the cost incurred thereto from the developer. In addition, the same section also states that no person shall carry out development within the area of a County authority without development permission granted by the County authority. At the same time, sub-section 5, re-enforce it further that, no licensing authority shall grant under any written law, a license for commercial use for which no development permission had been granted by the respective County authority.

Section 36 states that if in connection with development application a local authority is of the opinion that, the proposed activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an Environmental Impact Assessment report. The environmental impact assessment report must be approved by the National Environmental Management Authority (NEMA) and followed by annual environmental audits as spelled out by EMCA 1999. Section 38 states that if the local authority finds out that the development activity is not complying to all laid down regulations, the local authority may serve an enforcement notice specifying the conditions of the development permissions alleged to have been contravened and compel the developer to restore the land to its original conditions.

Compliance Aspect The current proposed KMFRI development intervention (KMFRI Marine Hatchery and Laboratories at Shimoni) is expected to be compatible with the existing Kwale County physical plans and approved development plans and land use plans proscribed for the area, in addition to committing to the requirements of EMP developed herein.

6.3.7 The Science, Technology and Innovation Act, 2013

This Act makes provision for the coordination and regulation of the progress of science, technology and innovation (STI) in Kenya. It establishes the National Commission for Science, Technology and Innovation to regulate and assure quality in the science, technology and innovation sector. The Commission is the successor to the existing National Council for Science and Technology which was created by the Science and Technology Act, Cap 250 of the Laws of Kenya. The new Act also provides

for establishment of Advisory Research Committees within the Commission. Anyone wishing to undertake scientific research shall obtain a license and a licensee shall comply with procedures, standards and codes of ethics prescribed by the Commission. The Act also provides for the registration 76

of research institutes by the Cabinet Secretary on the recommendation of the Commission. The Page

Commission shall have the function of monitoring and evaluating the operations of such institutions and the power to close any that fails to adhere to any directions issued by the Commission after evaluation. The Act also establishes the Kenya National Innovation Agency and establishes the National Research Fund.

6.3.8 KMFRI Institutional Responsibility

Under the Science, Technology and Innovation Act, 2013, KMFRI is recognized as a national research institution under section 56, fourth schedule. KMFRl's mandate is to undertake research in "marine and freshwater fisheries, aquaculture, environmental and ecological studies, and marine research including chemical and physical oceanography", in order to provide scientific data and information for sustainable exploitation, management and conservation of Kenya's fisheries and other aquatic resources, and contribute to National strategies of food security, poverty alleviation, clean environment and creation of employment as provided for under Vision 2030. Specifically, the roles of KMFRI according to Legal Notice of this Act are: (i) Conduct multidisciplinary and collaborative research on fish ecology, population dynamics, stock assessment and general aquatic ecology; (ii) Collect and disseminate scientific information on fisheries and other aquatic resources and related natural products; (iii) Study and identify suitable species for culture including development, adoption and transfer of rearing technology and procedure; (iv) Study chemical and physical processes that affect productivity of aquatic ecosystems; (v) Monitor water quality and pollution in fresh and marine water environments; (vi) Carry out socio-economic research on aspects relevant to fisheries, environment and other aquatic resources; (vii) Establish a marine and freshwater collection for research and training purposes; (viii) Offer training facilities to aquatic scientists; (ix) Conduct research on fish quality control, post-harvest preservation and value addition technologies and (x) Conduct research on blue economy.

6.3.9 The Fisheries Management and Development, 2016

This is an Act of Parliament that provides for the conservation, management and development of fisheries and other aquatic resources to enhance the livelihood of communities dependent on fishing, and to establish the Kenya Fisheries Services; and for connected purposes. The Act delves into a wide range of matters concerning the fisheries sector including fisheries management and conservation, aquaculture and fish processing and marketing. It establishes the Kenya Fisheries Advisory Council

(“Council”), The Kenya Fisheries Service (“Service”), The Fish Marketing Authority (“Authority”), the Fisheries Research and Development Fund and the Fish Levy Trust Fund. The Act also implements obligations under international law concerning fisheries. 77

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Relevant provisions include: (i) Section 5(1): protect, manage, use and develop aquatic resources in a manner that is consistent with ecologically sustainable development and to uplift the living standards of fishing communities; (ii) Section 7 which provides for the establishment of Kenya Fisheries Service as the state agency responsible for conservation, management and development of Kenya’s fisheries resources.

Compliance Aspect The current intervention (KMFRI Marine Hatchery and Laboratories at Shimoni) is expected to be compatible with the Fisheries Management and Coordination Act in areas of aquaculture development and requisite partnerships.

6.3.10 The Forest Conservation and Management (FCM) Act 2016

The Forest Conservation and Management Act gives effect to Article 69 of the Constitution with regard to forest resources: to provide for the development and sustainable management, including conservation and rational utilization of all forest resources for the socioeconomic development of the country and for connected purposes. The Act makes provision for the conservation and management of public, community and private forests and areas of forest land that require special protection, defines the rights in forests and prescribes rules for the use of forest land. It also makes provision for community participation of forest lands by community forest association, the trade in forest products, the protection of indigenous forests and the protection of water resources. The Act recognizes the importance of forests for the benefits of soil and ground water regulation, agriculture and their role in absorbing greenhouse gases. The key elements of the Forests Act are (i) The inclusion of management of all types of forests; (ii) Involvement of adjacent forest communities and other stakeholders in forest conservation and management; (iii) An ecosystems approach to forest management planning; (iv) Provision of appropriate incentives to promote sustainable use and management of forest resources; (v) Development of a framework for a forest legislation and (vi) Defined role of Kenya Forest Service (KFS) to administer the FCM Act 2016.

Although Kenya Forest Service administers the FCM Act 2016, the Act requires County Governments to adopt and implement policies in adherence to the act as provided under Section 21 which requires them to prepare annual report for the Service on forestry activities. The Act also requires the Kenya Forest Service Board to prepare forest status report for the Cabinet Secretary once every two years and forest resource assessment report (FRA) once every year. It gives responsibility to the Cabinet

Secretary to develop National Forest Policy in consultation with County Governments and relevant stakeholders.

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The FCM Act, therefore, guarantees the long-term public benefits provided by forests. Generally, the Act requires the rehabilitation, maintenance, and protection of forestlands for the benefit of all by ensuring sustainable exploitation, utilization, management and conservation of the environment and natural resources while working to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya and as such, every person has a duty to protect and conserve our forests.

The Act also recognizes Community Forest Associations (CFAs), whom participate in forest conservation and management under the KFS. The Act has specific provisions related to access rights and benefit sharing arrangements which provide a role for communities in the utilization of forest resources and protection of forests. The Act has four priority areas related to the management of forests, including (i) Reducing pressure to clear forests for agriculture and other uses (ii) Promoting the sustainable utilisation of forests (iii) Improving governance in the forest sector and (iv) The enhancement of carbon stocks and reforestation of degraded lands.

The Act mandates the KFS to conserve and manage all forests and sets out the roles and responsibilities of communities in managing forests. In line with Section 23 of the Act KFS would take keen interest in forest lands where: (i) Land is an important catchment area, a source of water springs, or is a fragile environment; (ii) Land is rich in biodiversity or contains rare, threatened or endangered species; (iii) Forest is of cultural or scientific significance; or (iv) The forest supports an important industry and is a major source of livelihood for the local community.

Compliance Aspect The current intervention (KMFRI Marine Hatchery and Laboratories at Shimoni) is expected to be compatible with the Forests Act in in terms of selective conversion of the coastal forest system while protecting the rest of the trees within compound and minimizing mangrove area impacts.

6.3.11 Wildlife Conservation and Management Act, Cap 376

This Act provides for the protection, conservation and management of wildlife in Kenya and also restricts entry into a protected area without proper permission, prohibits willful or negligent cause of bush fire, felling of trees, hunting, digging, laying, or constructing any pitfall, net, trap, snare or other device whatsoever, capable of killing, capturing or wounding any wildlife. The Act applies to all wildlife resources on public, community and private land, and Kenya territorial waters. The Act authorizes

Kenya Wildlife Service (KWS) to enter into agreements with other competent Authorities for the protection of wildlife and their habitats. 79

Compliance Aspect Page

The current intervention (KMFRI Marine Hatchery and Laboratories at Shimoni) is expected to be compatible with the Wildlife Conservation and Management in terms of managing potential introductions of species as well as impacts on coral areas.

6.3.12 National Museum and Heritage Act No. 6 of 2006

This act of Parliament was passed to ensure protection of Kenya’s rich and diverse natural and cultural heritage. It was aimed at establishing a legal framework for heritage management that domesticates some of the international conventions and protocols on heritage which Kenya has ratified. National Museums of Kenya (NMK) established under the Act is a multi-disciplinary institution whose role is to collect, preserve, study, document and present Kenya’s past and present cultural and natural heritage. This is for the purposes of enhancing knowledge, appreciation, respect and sustainable utilization of these resources for the benefit of Kenya and the world, for now and prosperity.

Compliance Aspect The current intervention (KMFRI Marine Hatchery and Laboratories at Shimoni) is expected to be compatible with the NMK Act in terms of screening for potential cultural sites, avoiding impacts through design and managing potential chance finds during construction.

6.3.13 Kenya Maritime Authority Act (Cap. 370).

An Act of Parliament to provide for the establishment of the Kenya Maritime Authority as a body with responsibility to monitor, regulate and coordinate activities in the maritime industry and for all other matters connected therewith. Relevant sections include the following functions of the Authority: (i) To ensure, in collaboration with such other public agencies and institutions, the prevention of marine source pollution, protection of the marine environment and response to marine environment incidents; (ii) To regulate activities with regard to shipping in the inland waterways including the safety of navigation; and (iii) To implement and undertake co-ordination in maritime security.

6.3.14 The HIV/AIDS Prevention and Control Act (Act No.14 of 2006).

Part 11, Section 7 requires HIV and AIDs education in the work place. The government is expected to ensure provision of basic information and instruction on HIV and AIDs prevention and control to; Employees of all Government ministries, Departments, authorities, and other agencies; and, Employees of private and informal sectors. The information on HIV/AIDs is expected to be treated

with confidentiality at the work place and positive attitudes shown towards infected employees and workers.

Compliance Aspect Page

The current intervention (KMFRI Marine Hatchery and Laboratories at Shimoni) is expected to be compatible with the HIV/AIDS Prevention and Control Act in terms of creating awareness to the employees and the local communities on the issues related to HIV/AIDs and ensuring the Contractor and her staff obliges as well.

6.3.15 Occupation Safety and Health Act, 2007

Section 13 part 1(a) the employee is expected to ensure his own safety and health and of the other person who may be affected by his acts or omissions at work place, (c)requires the employee at all times to use protective equipment or clothing provided by the employer for purpose of preventing risks to his safety and health, (f) report to the supervisor any accidents or injury that arise in connection with his work Part 2 states that any employee who fails to follow this section commits an offence and shall on conviction be liable to a fine or imprisonment.

Section 21 provides that the employer or self-employed person to notify the occupational health and Safety Officer of any accidents, dangerous occurrence, or occupational poisoning which has occurred at the work place. Section 32 gives power to the occupational safety and Health officer to enter inspects examine by day or night, a work place which he has reasonable cause to believe to be a work place and any part of any building of which forms a work place. Section 55 requires all plant, machinery and equipment whether fixed or mobile for use at work place to be used for designed work and operated by a competent person.

Section 97 prohibits employers to employ persons below the age of 18 years at the work place or perform work by which its nature its likely to harm the persons safety or health.

Compliance Aspect This statute handles issues of health and safety especially during the project construction

6.4 Construction-related Policy and Legal Framework

6.4.2 The National Construction Authority (NCA) Act 2012 and National Construction Authority (NCA) Regulations 2014

Under the National Construction Authority Act, NCA is the sole custodian of contractors’ register. Previously, there never existed a single register of contractors since they were being registered by line ministries. According to NCA, the fresh registration will help the authority create a database that will help them work on their other mandates like training. It will also help in design programmes, which

will help us create capacity among contractors. In addition, NCA hopes to re-evaluate and define categories based on competence, capacity and experience. Registration will, therefore, help them

know how to deal with contractors whose abilities are questionable. 81

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6.4.3 Housing maintenance

In terms of maintenance, however, not much has been addressed by way of policy, legal and / or institutional framework. The Ministry/Department of Housing, in recognition of the fact that there has not been any law to regulate the state and maintenance of buildings, has drafted a bill that is currently being discussed in the current Parliament. The County Councils use the Health Act as the basis of looking at a building’s state of repair and use. But this is restricted to the health implications to the users.

When the bill is finally passed, all properties will be required to have an occupancy certificate, which will stipulate the number of people to be in it at one time, and the type of usage. The law will also authorise building surveyors to look at the house in terms of structural integrity, the types of fittings and finishes used, as well as the possible hazards and measures to protect it against those hazards. This authentication will be done periodically, with a certificate issued each time. This will apply as and

when the new bill is enacted and gazetted.

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7.0 IMPACT IDENTIFICATIONS, PREDICTIONS, AND ANALYSIS

7.1 General

This Environmental Impact Assessment (ESIA) refers to a critical examination of the effects of the proposed developmental project (construction of KMFRI Marine Hatchery and Laboratories at Shimoni) on the environment before its implementation. Impacts describe any negative and/or positive environmental influence caused by an intervention. ESIA is applied on the basic principle that the effect of a developmental project on the environment needs to be established before it is implemented. The basic assumption is if a proper ESIA is carried out, then the safety of the environment can be properly managed during the projects design, implementation, commissioning, operation and decommissioning.

7.2 Impact identification procedure

The impact identification process for apparent or potential impacts associated with this developmental project (construction of KMFRI Marine Hatchery and Laboratories at Shimoni) involved the following: (i) An assessment of the technical information (project design, structural design, construction design, construction location, construction footprint, construction phasing, operational plans) on the proposed project was made from project documents supplied by the proponent, KMFRI; (ii) Stake-holder engagement process (as elaborated in chapter 4.3), including but not limited to County Government and related stakeholders, National government lead agencies, community leaders and representatives, and the neighbouring community; (iii) A scooping and screening exercise was undertaken to identify and focus issues and concerns for this ESIA project report (Appendix 10); (iv) A review of National Development Policy and Environmental policy, legislations, regulations and standards, and KMFRI’s Strategic Plan and Strategic Implementation Plans for desired developments in Fisheries and Mariculture and Environmental policy and objectives; (v) A review of Kwale County by-laws, part development plans for Shimoni, development Master Plans, Physical Planning Maps, Etc.; (vi) Discussions with key KMFRI project proponent staff, in particular Mariculture Directorate, Fisheries Directorate, Planning Department, (vii) Assessments and observations from field work; (viii) Consultations with project advisory / technical staff (architect, structural engineer, proposed building contractor, site plans and floor plans), (ix) ESIA Lead Consultant’s technical knowledge and experience in similar tasks.

7.3 Predicted environment and Social impacts

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7.3.1 Positive impacts

7.3.1.1 Socio-Economic Impacts

(i) Increased economic activity: It will have a multiplier effect on the economy; many businesses will come up to support the marine hatchery at the project site. The anticipated increase in the flow of money will create a suitable environment for micro and small-scale enterprises; (ii) Employment creation: The project will create employment at mobilization, construction and operational phases as shown in Table 6.1:

Table 6.1: Project phases that will trigger various economic opportunities Project Activity Phases Mobilization -Engaging the locals in resources alignment and identification of phase resources that will be helpful to the project. -Involving the local leaders in defining the purpose and scope of the project to the villagers. Construction -Materials extraction and supply phase -Construction of the marine hatchery and the laboratories Operational -Infrastructures usage phases -Search for fingerlings -Maintenance of the marine hatchery

For all mariculture activity, most of the casual labourers and some skilled workforce will be absorbed from within the village. Since some of the groups for instance the seaweed farmers group has been undergoing training over time, utilization of local workmanship will take place for the activities that do not require a high specialization. In the short run, there will be diffusion of knowhow from the more qualified personnel towards the local personnel. Moreover, during the operation phase employment possibility is high since it will involve activities like hatchery maintenance hence such employment would contribute to poverty reduction.

(iii) Improved infrastructure: Several social related advantages will accrue from the project. Improved transportation will enable easy delivery of drugs/medicines to health care facilities in addition to improving the living standard of local communities along the project area.

(iv) Other benefits: • Creation of alternative livelihood leading to increased income; with the proposed

construction of the hatchery in Shimoni - which aims to start producing fin and shellfish seed for mariculture purposes, the locals are going to benefit from the production know-

how which they can then adopt these techniques and start practicing mariculture as 84

alternative source of livelihood; Page

• Capacity building in mariculture development; • Promote fish farming/ mariculture; • It will boost business in the area; • Reduction of fishing pressure due to promotion of mariculture; • Increased fish production in the area; • Increased collaborations and exchange programs with KMFRI, and • The initiative will market Shimoni area.

7.3.2 Negative Impacts

7.3.2.1 Environmental Impacts If no mitigation measures are put in place during project construction and operation, the following potential negative impacts may occur: (i) Loss of marine flora – fauna and flora at the water intake / discharge sites; (ii) Loss of terrestrial habitats and associated biodiversity – fauna and flora at the construction sites; (iii) Loss or reduction in conservation areas / adjacent conservancies and conservation efforts; (iv) Deterioration of water quality at receiving discharge water sites; (v) Local deterioration in marine biodiversity at receiving discharge water sites; (vi) Noise and dust emissions: During construction phase a lot of noise and dust will be emitted by machinery in use and trucks transporting materials. Likewise, activities like land clearing, excavations and buildings foundations, and landscaping may generate dust especially during the dry season;

7.3.2.2 Socio-Economic Impacts (i) Exclusion: local politics might be propagated if some people are left out; some leaders will also want to know what is their stake in the proposed marine hatchery construction plan; (ii) Possible loss of traditional fishing knowledge if people concentrate on fish farming; (iii) Possible increase of HIV/AIDS epidemic: the most health risk is on HIV/AIDS epidemic. Considering the socio-economic characteristics of the project area, there exist a number of problems that may influence high infection rate; for instance (i) the problem of low or irregular incomes among young women; (ii) the influx of people into the area including construction workers; and (iii) demand on social services to address STI, and HIV/AIDS issues; (iv) Increase in number of accidents due to increase in heavy vehicles transporting construction materials in the area (Traffic);

(v) Culture erosion: influx of people from other areas may introduce negative social vices that are not compatible with the community lifestyles; (vi) Insecurity: the presence of labourers and expensive construction equipment, machinery 85

and materials in the sites could potentially pose a security risk at the project site. Page

Furthermore, offenders may capitalise on the increased movement during construction and anonymity created by the construction activities to carry out criminal activities in the site and surrounding areas; (vii) Economic displacement by fisher folk from their traditional fishing grounds during construction/ restrictions of access route due to restrictions and controls put in place for safety at construction sites/ conflicts on working areas at the temporary work sites designated for fisher folk (temporary displacement due to construction activities); (viii) Solid wastes from demolitions, excavations and dumping; (ix) Poor production processes and conformity to human health and safety requirements; (x) Liquid and Solid wastes from operation of facility, fisher folk teams, tourist visits and use of facilities; (xi) Unsafe labour and working conditions on construction site; (xii) Reduction in community resources (e.g. water); (xiii) Stakeholder’s unrest and complaints

7.4 Significant Impacts

From the risk assessment and ranking framework, the following were identified as potential significant impacts that need further attention: (i) Air quality; (ii) Noise levels; (iii) Wastes generated – including, but not limited to, solid, liquid effluent and laboratory waste materials; (iv) Water contamination; (v) Forest degradation; (vi) Land degradation; (vii) Fishing access restrictions / exclusions (viii) Social erosion: Culture erosion, loss of traditional knowledge (ix) Nuisance on public health and disease prevalence; (x) Nuisance on public workers wellness: occupational health and safety concerns; (xi) Closure Plans (from decommissioning) Nuisance on public / environment / safety; (xii) Unsafe labour and working conditions; (xiii) Stakeholders/community unrest or complaints.

7.5 Requirement for a Resettlement Action Plan (RAP)

It is evident from the ESIA site assessment, construction designs and plans that the proposed

construction will be operationalized and limited to KMFRIs plot/footprint. The services will be provided through public access road reserves. Therefore, the project will not involve any resettlement

hence, based on the guidance from KEMFSED project Resettlement Policy Framework, there is no need 86

for a resettlement action plan (RAP) to be developed. Page

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8.0 IMPACTS MITIGATION AND ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)

8.1 General

This section lays out the management policies and specific action plans required to mitigate against the adverse impacts predicted in the preceding chapters. The management policies and action plans form the first section of the Environmental and Social Management Plan (ESMP). The second section will comprise the environmental monitoring and decommissioning plans which are the final components of the ESMP. This ESMP is guided by the desire for the project to succeed for the benefit of KMFRI, its customers, the general public, and neighbouring resident community, while ensuring sustainability of the environment, health and safety of the physical and socio-economic and cultural environment. There is need to put in place an effective management regime to ensure: a) Air management; b) Noise management; c) Waste management; d) Water management; e) Forest management; f) Land management; g) Fishing access / exclusion management; h) Social - Cultural and traditional knowledge management; i) Public health and disease management; j) Occupational health and safety management; k) Decommissioning setbacks management; l) Good environmental stewardship management. m) Grievance redress mechanism (Annex 10).

Success and sustainability of the integrated ESMP is also subject to a clear understanding and appreciation of the environmental and socio-economic risks and opportunities available to address the risks. A flow of integrated ESMP is packaged is shown in the Figure 8.1.1.

Figure 8.1.1: Schematic representation of integrated Environmental Management Plan (EMP).

Environmental and Social Action Plan

E&S Monitoring and Auditing

Conceptual Decommissioning Plan Page

8.2 Management Policies

KMFRI will need to develop and document management policies that will guide construction development and ultimately operations of the facilities. These environmental policies are vital in that they will ensure: a) KMFRI’s construction development and ultimately operations put in place measures and structures that will care for the environment, as well as safety, health and welfare of all facility workers and users; b) KMFRI will plan for, and put in place, monitoring programmes that will ensure facility activities confirm to stipulated environmental standards, or improve performance through an Environmental and Social Management System (ESMS); c) KMFRI will plan for, and put in place, a process for engagement with affected communities and other stakeholders throughout project cycle, and that includes communications and grievance mechanisms; and d) KMFRI assumes its corporate responsibility for its activities with regard to conservation of the environment as well as for the well‐being of the greater Shimoni village community.

The following policies will need to be developed: a) Environmental Management Policy; b) Occupational Health and Safety Policy; c) Facility EMS Control Policy; d) Facility Operations and Control Manual and SOPs e) Communications and Grievance Mechanisms Policy.

Environmental Management Policy

The environmental policy to be developed should be one that enables the KMFRI to carry out their activities with the highest regard to the natural environment and sustainable utilization of environmental resources therein. The policy should therefore cover the following, among other issues: a) Ensure that all project activities operate within policy and legal requirements of all relevant national and county policies, legislations, regulations, and complies standards; b) Ensure that there will be continuous Environmental improvement and performance improvement through monitoring of facility activities and commitments; c) Ensure that there will be continuous Occupational Health and Safety improvement and performance improvement through monitoring of facility activities and commitments; d) Ensure that utilisation of natural resources is optimal with measures in place to ensure resource availability for future generation; e) Awareness creation to the surrounding community regarding sustainable utilisation of natural

resources; and

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f) Balancing between natural resource use, environmental conservation and economic development.

Occupational Health and Safety Policy

The Occupational Health and Safety Policy and guidelines by the Public Health Department should enable the facility management put in place appropriate measures that will ensure that the health, safety and welfare of all facility users is cared for; together with the health requirements of the visitors. The policy should highlight on the following, among others: a) Medical examination if required of handlers; b) Sanitation in the facility; c) Proper liquid and solid waste management and disposal; d) Emergency preparedness; e) Fire safety; f) Appropriate safety and rescue equipment to be availed to facility users; g) Risk minimisation of accidental damage, resident community and environment; and h) Training in safety and emergency preparedness for workers.

8.3 Environmental and Social Management Plans

The Environmental and Social Management Plan (ESMP) addresses the management of the significant environmental impacts related to the processes on site.

8.3.1 Objectives of the ESMP

The EMP provides information on the mitigation measures designed to minimize or eliminate the significant adverse impacts that may be caused as a result of all of the site development processes. The significant impacts have been presented in chapter 7.4.

The primary objectives of the ESMP are to: a) describe actions taken for achieving the mitigation measures, b) indicate responsibilities and target dates regarding the implementation or management of these action plans, c) Highlight procedures for environmental control, in the event of an incident.

8.3.2 Identified impacts

8.3.2.1 Embedding ESMP and EHS Plans into overall Construction Quality Control Plan (CQCP)

A construction quality control plan will need to be documented to help ensure that KMFRI gets value

for the design and structural requirements, while managing and minimizing EHS risks. The plan looks 90

at specific areas of a project that could affect quality and outlines the ways to mitigate that risk. Page

Businesses that use a construction quality control plan for their projects can ensure that quality issues won’t happen.

The basic template that can be used can be adopted from a framework such as shown in Table 8.3.1 below to meet international best practice standards:

Table 8.3.1: Framework for embedding EMP and EHS Plans into overall Construction Quality Control Plan (CQCP).

Aspect of CQCP Action plan for Construction Superintendent Project details, Project organisation, responsibilities and risk Organisational structure management Project Construction Schedule Phasing, shifts and manpower requirements Construction Management Plan Method statements, sequence of works, Environmental and Social Management Noise, Air Quality and Waste management, watershed management Plan and stakeholder relations

Process Control Testing Establishing the groundwork for sampling of works by contractor

Inspection and Verification Inspection regime of the client and certified laboratory tests Sub-contractors and Suppliers Main contractor responsibility Design and Document Control Project filing system for information retrieval Health and Safety Plan Contractor’s work safety procedures Non-conformance Reporting procedures and actions

8.3.3 Types of Identified Mitigation Measures a) Air Quality Management

Target: The reduction of air pollution, prevention of avoidable emissions, and compensation for unavoidable emissions. Objectives: Avoid or minimize project-related pollution, and strive to protect human health and the environment; Promote sustainable use of resources, including energy, and water; Reduce project- related Greenhouse Gas (GHG) emissions.

KMFRI to supervise procurement of Construction services that strive to reduce air pollution, purchase raw materials that have the lowest possible damage to the environment, and employ responsible environmental stewardship standards (Table 8.3.2).

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Table 8.3.2: ESMP Action plan for Air Quality Management. Activities / Targets Action plan Responsible Objectives Person / Estimated cost Limit dust Regional air quality standards Limit vehicle speed limits at Contractor generation; for coastal Kenya to be met construction sites / residential areas by during (EMCA & KPA baselines given supervision; construction. in Table 8.3.3 below) Limit material stockpiles at construction sites / residential areas by supervision; KES. 100,000 Limit Regional air quality standards Limit vehicle usage at construction sites Contractor vehicular and for coastal Kenya to be met / residential areas to only limited during construction (EMCA & KPA baselines given activities; construction. equipment in Table 8.3.3 below) Routine inspection and maintenances emissions of vehicular / construction equipment KES. 300,000 ((SOx, NOx, PM-10 Managing Reforestation of double the Undertake appropriate payment for KMFRI REDD from area destroyed to be met ecosystem services / setting seedlings forest removal for compensation restoration KES. 400,000 Avoid Regional air quality standards Working in well ventilated areas by Contractor overcrowding for coastal Kenya to be met supervisory enforcement during construction. KES. 200,000 Avoid Regional air quality standards Working in well ventilated areas by KMFRI during overcrowding for coastal Kenya to be met supervisory enforcement operations. KES. 100,000

Table 8.3.3: Concentration of Priority Air Pollutants in the KPA Mombasa area compared to NEMA Ambient Air Quality Tolerance Limits as and WHO standards.

Pollutant Air quality measurements: KPA baseline EMCA WHO Ambient results in undeveloped areas of Dongo- standards air quality Kundu, Mombasa -(µg/m3) (legal notice 34 guidelines Site-1 Site-2 Site-3 Site-4 Site-5 1st Schedule)- (µg/m3 24-hr 24 hours mean) (µg/m3) Sulphur oxides, BDL BDL BDL BDL BDL 125 200 (SOx) Oxides of 0.0020 0.0004 0.0005 0.0005 0.0003 150 20 Nitrogen, (NOx) Particulate 74 7 10 29 10 75 50

Matter (PM10)

BDL = below detectable limits 92

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Target: The reduction of noise pollution, prevention of avoidable noise, and construction phasing for unavoidable noise. Objectives: anticipate and avoid adverse impacts on the environment, health and safety of the Project Affected Community; safeguard personnel and property in accordance with relevant human rights principles;

KMFRI to supervise Construction services that strive to reduce noise pollution, purchase raw materials that have the lowest possible noise levels to the human environment, and employ responsible environmental stewardship standards (Table 8.3.4).

Table 8.3.4: ESMP Action Plan for Noise Management. Activities / Targets Action plan Responsible Objectives Person / Estimated cost Limit noise Regional noise levels / Limit most construction times to day times Contractor generation; standards for coastal Kenya (6am – 6pm); during to be met (EMCA & KPA Notify school of any particularly noisy construction. baselines given in Table work ahead of construction. 7.3.6 below) Liaise with KWS to reduce potential noise KES. 100,000 effects on wildlife on Shimoni forest; Construction workers to wear PPPs; Use of low noise construction tools and noise muffling devises; Transportation Regional noise levels / Avoid / minimize vehicular transportation Contractor standards for coastal Kenya movement at residential areas, and avoid during to be met (EMCA & KPA movement at night construction. baselines given in Table 7.3.6 below) KES. 100,000

Table87.3.6: Noise levels at the KPA Mombasa area compared to permissible levels of Kenya Noise regulations Noise Noise levels: KPA baseline results in undeveloped areas of Noise measurements Dongo-Kundu, Mombasa -dB(A) guidelines period N01 N02 N03 N04 N05 Morning session 45.6 50.4 44.8 44.2 42.8 50.0 (06:00- 12:00

noon)

Afternoon session 49.9 52.8 44.3 40.3 38.9

(12:01-20:00hrs) 93 Night 34.2 34.8 34.5 45.8 34.1 35.0

(20.01: 06:00hrs) Page

Target: Waste management on site will involve setting targets for the prevention of contamination to surface and below ground, and compensation for unavoidable contaminations (Table 8.3.5). Objective: anticipate and avoid adverse impacts on the environment, health and safety of the Project Affected Community; safeguard personnel and property in accordance with relevant human rights principles;

KMFRI to supervise Construction services that strive to avoid, reduce or mitigate solid, liquid and hazardous waste pollution. For liquid waste, there is an indicative set of values that will be used by the project contractor: Pollutants Guideline Value Ph 6-9 BOD 30 COD 125 Total nitrogen 10 mg/l Total 2 mg/l phosphorus Oil and Grease 10 mg/l Total 50 mg/l suspended soilds Total coliform 400 (most probable number) / 100 ml bacteria

Table8.3.5: ESMP Action Plan for Waste Management. Activities/ Targets Action plan Responsible Objectives Person/ Estimated cost Waste Banded areas for different Construct a banded area for the collection of Contractor segregation waste collections to achieve the different types of waste (solids, liquid, during and sorting zero baseline wastes due to hazardous); construction; existing virgin vegetation The banding structure should envision a KMFRI during system as shown in Plate 8.3.1 operations. KES. 500,000 Managing Prevention of Waste bins and skips to be located at Contractor solid wastes contamination to surface strategic locations within the construction during sustainably and below ground; site; preferably within banded areas for construction; Sorting wastes for re-use access restrictions; KMFRI during

and re-cycling where The waste bins and skips should allow easy operations. 94

possible; soring and segregation (Plate 8.3.1) KES. 50,000 Page

Managing Prevention of All temporary toilets and sanitary facilities Contractor liquid contamination to surface should have sewage / grey water storage during wastes and below ground; tanks; construction; sustainably prevention of spillages; Liquid wastes to be put in leak-proof KMFRI during containment operations. Test the waste water according to standards KES. 100,000 provided in the table above. Disposal to be organized off-site as per NEMA regulations and standards Managing Prevention of Several clearly labeled containers should be Contractor during potential contamination to surface provided for the containment of hazardous construction; hazardous and below ground; wastes; KMFRI during wastes prevention of spillages; hazardous wastes generated on site / from operations. sustainably Prevention of contact with laboratory operations should be disposed people due to OHS off-site as per NEMA and Public Health KES. 3,000,000 concerns; regulations and standards; All workers to be trained on management and avoidance of unnecessary exposure to hazardous waste. specialized licensed hazardous wastes handlers should be contracted for these services To support this site operations KMFRI has employed ISO standard operating procedures for managing wastes and are developing standards and protocols for implementing ISO 17025 for her Laboratories effective 2019

Plate 7.3.1: A series of collection receptacles that can be placed at a banded waste collection corner can take this model from ISO EMS 14001 system. Where applicable colour codes and labelling to be used on

waste bins of different types

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d) Water Management

Target: The prevention of contamination, deterioration, degradation, alterations to ground aquifers and seawater (Table 8.3.5). Objectives: Protection and conservation of biodiversity in marine areas; maintenance of benefits from ecosystem services in marine areas; promotion of sustainable management of living natural resources in marine areas; integration of conservation needs and development priorities in marine areas.

KMFRI to supervise Construction services that strive to avoid, reduce or mitigate contamination, deterioration, degradation, alterations to ground aquifers and seawater.

The following measures will be included into the wastewater treatment to ensure safety of such procedures. Examples of hazards associated with wastewater treatment include the potential for trips and falls into tanks, confined space entries for maintenance operations, and inhalation of VOCs, bioaerosols, and methane, contact with pathogens and vectors, and use of potentially hazardous chemicals, including chlorine, sodium and calcium hypochlorite, and ammonia. Detailed recommendations for the management of occupational health and safety issues are presented in the relevant section of this document.

Ensure that the area to be converted to aquaculture use does not represent a habitat that is unique or protected (such as mangrove areas), or includes high biodiversity value, such as known sites of critically endangered or endangered species, or important wildlife breeding, feeding, and staging areas; · Be aware of the presence of critically endangered or endangered species in the areas already used for aquaculture production, and implement management processes that take them into account; · Design facilities so that as much as possible of the natural vegetation habitat is left intact (e.g. through the use of vegetated buffer zones and habitat corridors) and that

Table 8.3.5: ESMP Action Plan for Water Management. Activities / Targets Action plan Responsible Objectives Person / Estimated cost Managing Collection of water All run-off trapped and channeled away Contractor during rain water surface run-off from from the sea and underground aquifer construction; and flash construction site openings KMFRI during floods operations. sustainably KES. 100,000 Managing sea Baseline water quality Sampling and analysis water Contractor during water and levels in marine waters periodically during construction; construction;

underground and adjacent underground Continuous monitoring of marine KMFRI during aquifer aquifer should not be waters and boreholes water during operations. sustainably surpassed (see Chapter operations; KES. 200,000 96

4.1.2). Page

Corrective actions where significant deviations are observed e) Forest and Biodiversity Management

Target: The attainment of Sustainable Forest Management (SFM) / REDD-Plus Objectives (Reduce pressures on forest resources and generate sustainable flows of forest ecosystem services + Strengthen the enabling environment for REDD-Plus); Objectives: Protection and conservation of biodiversity in terrestrial forest land areas; maintenance of benefits from ecosystem services in terrestrial forest land areas; promotion of sustainable management of living natural resources in terrestrial forest areas; integration of conservation needs and development priorities in terrestrial forest areas.

KMFRI to supervise Construction services that strive to avoid, reduce or mitigate contamination, deterioration, degradation, alterations to terrestrial forest land areas, ground aquifers and seawater.

Table 8.3.6: ESMP Action Plan for Forest and Biodiversity Management. Activities/Objectives Targets Action plan Responsible Person/ Estimated cost Reduction of pressure on Sustainable Forest Management Sustainable Forest The Client and Marine habitats and applied to Management Action Contractor (with biodiversity; • Naturally occurring will include: support from KFS mangrove forest where KFS 1. Construction of and NEMA) before, Reduction of pressure on and SDF has interest; perimeter wall during and after adjacent Shimoni forest • Naturally occurring around KMFRI construction. (under KWS and terrestrial forest where site2; KES. 3,000,000 community forest KWS and Friends of Shimoni 2. Adhere to the management); forest has interest; construction plan • Newly created sites for agreed upon with Achieve compatible results regenerated forests where KWS, KFS, and with CBD (Aichi Target 11: KFS has interest; NEMA including By 2020, at least 17 per • Newly created sites for re- selective removal cent of terrestrial and plantation forests (native of trees on project inland water, and 10 per indigenous tree species) site3. cent of coastal and marine where KFS / NMK / WWF 3. Collaborate with areas, especially areas of and registered communities Friends of Shimoni particular importance for groups have interest; Forest on site biodiversity and ecosystem • Newly created sites for re- monitoring services, are conserved plantation forest throughout through effectively and construction equitably managed, activities.

2 KMFRI Board of Management in their sitting of May 2019 has already approved the construction of a perimeter

wall to secure the site and prevent any intrusion and trespass. KMFRI procurement department and the SDF-BE 97 Ministry engineers are working to actualize this (Ken Njagi, KMFRI planning officer). 3 NEMA approval license has specified a number of similar conditions (Appendix-16) Page

______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018 ecologically representative (Mangroves) where KFS / 4. Establishment of and well-connected SDF have an interest the clear systems of protected areas protective barrier and other effective area- Biodiversity Conservation and around the trees based conservation Management applied to to remain on site. measures, and integrated Shimoni forest as a Key 5. Continuously train into the wider landscapes Biodiversity Areas (KBAs) that Contractor / and seascapes) will respond negatively to KMFRI personnel KMFRI construction impacts. on importance of Faunal species listed below are maintaining trees vulnerable and action plans are within and around proposed: the compound; 1. Fischer's Turaco birds 6. Alert local 2. Yellow-bellied KWS/NEMA/KFS Greenbul birds; officers on the 3. Eastern Bearded Scrub ESMP and the Robin birds, need for support 4. African fish eagle birds; independent 5. Collared sunbirds; monitoring 6. Horn-bill southern- activities; banded eagle snake birds; 7. Angolan black and 7. In consultation white colobus monkey; with 8. Yellow baboon; KFS/KWS/NEMA, 9. Sykes monkey; support replanting 10. Greater galago (Bush of identified trees Baby); to help 11. Egyptian fruit bat perpetuate support of biodiversity;

Faunal Biodiversity Conservation and Management actions will include: 1. Consultation with KWS on the habitat characteristics of the yellow baboons and maintenance of these characteristics on site. Preparation/adjus tment of the construction

schedule to avoid impacts on these

species. 98

Relocation of any Page

yellow baboons to the KWS custody prior to commencement of construction. 2. Colobus monkeys’, bats, and birds’ population at Shimoni Forest are not critically high, and the few will naturally migrate to remaining designated forest areas under KWS / KFS protection;

f) Land Management

Target: The prevention of contamination, deterioration, degradation, alterations to land areas, ground aquifers and seawater, and compensation for unavoidable contamination, deterioration, degradation, alterations to land areas, ground aquifers and seawater (Table 8.3.6). Objectives: Protection and conservation of biodiversity in terrestrial forest land areas; maintenance of benefits from ecosystem services in terrestrial forest land areas; promotion of sustainable management of living natural resources in terrestrial forest areas; integration of conservation needs and development priorities in terrestrial forest areas.

Table 8.3.6: ESMP Action Plan for Land Management: Prevention of contamination to surface and below ground

Targets Action plan Responsible Person/ Estimated cost Coralline base of forest not Limit and control excavation on site only to areas Contractor during perforated and distorted designated for construction construction. unnecessarily Store oils and other construction liquids in specifically KES. 50,000 designated areas on impermeable surface. During construction establish sediment and runoff traps and barriers.

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For each developmental Sampling of soil, if required, prior to excavation for Contractor during activity, sustainable green baseline conditions construction; development KMFRI during operations. KES. 300,000 Baseline condition of zero Removal of general waste from sites as described in Contractor during waste due to existing the waste management section above construction; vegetation Removal of hazardous dusts KMFRI during operations. KES. 300,000 Avoid the need to frequently 1. Assess soil properties prior to pond construction to Included into the abandon and replace ensure that the bottom-sealing layer of the soil with project design costs improperly designed and built percolation rates/ porosity low enough to aquaculture ponds: satisfactorily hold pond water. If there is not enough clay, then the ponds may demonstrate high seepage rates and require additional expenditure (e.g. pumping in water or relining with clay-rich or possibly bentonite-rich topsoil from other sites) or eventual abandonment. High seepage rates can also pollute groundwater required for other purposes in the vicinity with use for drinking water a major concern. 2. Assess the soil pH and the presence of pesticide and pollutant residues (especially on land that was previously used for intensive agriculture), as well as the natural occurrence of pyrite, prior to construction as the presence of anthropogenic or natural pollutants may hinder the viability of the pond. g) Hatchery and Laboratory Operation Target: Environmentally sustainable operation of the NAMARET Center facilities

Objectives: Minimization of impacts from Alien, Selectively Bred, or Genetically Engineered Species; safe handling of wastewater from the hatchery operations.

KMFRI staff at NAMARET center will be primarily responsible for sustainable operations of the center. KEMFSED project will work together with KMFRI and other relevant stakeholders to ensure the operating procedures are designed in accordance to the national and local requirements and include international best practices for marine hatcheries.

1. Introductions of alien or selectively bred species can result in interactions with the wild, including escapes from farms, or open systems (such as mussel rafts). As such, introductions can disturb the existing ecological balance; cause loss of species biodiversity; cause loss of genetic diversity of the wild populations; reduce fitness of wild population through breeding with genetically altered escapees; and result in the transmission or spread of fish diseases. The widespread seeding of an alien genotype is of considerable concern both as regards species biodiversity and genetic biodiversity. Management measures to reduce the risks from introductions of alien, selectively bred,

or genetically modified species include the following: 100

• Farming of sterile fish Page

• Preventing the escape of species from pond-based aquaculture systems. Examples of common escape prevention measures include: o Installation and maintenance of screens with a mesh that is small enough to prevent the entry and potential escape of aquatic species in the drainage channels connecting production ponds to sedimentation ponds, as well as those connecting sedimentation ponds to the receiving water o Installation of fish-proof strainer dams o Installation and maintenance of gravel filtration on pond discharge structures o When necessary, consider chemical treatment of water released from hatcheries (e.g. with chlorine at acceptable concentrations for the receiving waters) to destroy escaping larvae or juveniles o Consider the hydrology of the region in the design of the pond system and ensure that the pond embankments are high enough to contain the pond water and prevent escape of the species during periods of heavy rainfall and potential flooding o Establish a contingency plan if there is an escape of the species being cultivated into the wild • Preventing the escape of species from open water aquaculture systems. Examples of common escape prevention measures include: o Regularly inspect the cage and pen netting for holes (e.g. before crowding of the harvest and at intervals during the operation) o Design and construct cage and pen units, including choice of nets, to deal with the worst weather and environmental conditions likely to occur on the site o Provide for containment during periods of storm surges and excessively high tides o Establish a contingency plan for harvest of escapees of the species being cultivated into the wild.

2. Management of Wastewater may cover wastewater from facility operations, runoff from process and materials staging areas, and miscellaneous activities including wastewater from the laboratory, and equipment maintenance shops. The pollutants are currently not fully known, but may include few examples will include radionuclide wastes (Ca-45); receptor binding assays (RBA; toxins from HABS); microbiological wastes (cultures); standards for preparations of trace metals analyses; buffers from calibration of meters (i.e., water quality); fixation reagents (formalin); and dyes for fish marking. Transfer of pollutants to another phase, such as air, soil, or the sub-surface, should be minimized through process and engineering controls.

While the choice of treatment technology is driven by wastewater characteristics, the actual performance of this technology depends largely on the adequacy of its design, equipment selection, as well as operation and maintenance of its installed facilities. Adequate resources are required for

proper operation and maintenance of a treatment facility, and performance is strongly dependent on the technical ability and training of its operational staff. One or more treatment technologies may

be used to achieve the desired discharge quality and to maintain consistent compliance with 101

regulatory requirements. The design and operation of the selected wastewater treatment Page

______ESIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - ESIA Project Report –Dec 2018 technologies should avoid uncontrolled air emissions of volatile chemicals from wastewaters. Residuals from industrial wastewater treatment operations should be disposed in compliance with local regulatory requirements, in the absence of which disposal has to be consistent with protection of public health and safety, and conservation and long-term sustainability of water and land resources.

Contamination of Aquatic Systems: Aquaculture activities, particularly pond-based systems, may affect aquatic systems due to construction and operation activities, primarily the mobilization of soils and sediments during construction and through the release of effluents during operation.

The effluent released from aquaculture systems typically contains a high organic and nutrient load, suspended solids, and may also contain chemical residues including feed supplements and antibiotics. The possible impacts include contamination of groundwater and surface water from release of effluents or communication to receiving water from unconfined process and storage tanks. Impacts on aquatic systems include creation of eutrophic zones within receiving waters, increased fluctuation of dissolved oxygen levels, creation of visible plumes, and accumulation of nutrients within the receiving waters.

The high nutrient load results from efforts to artificially boost production levels by increasing the food supply for the cultured species. This is done by increasing nutrient availability either directly through supplemental feed or indirectly by fertilizing ponds to increase primary productivity. Pond ecosystems have a limited capacity to recycle organic matter and nutrients, and increasing the stocking rate removes this capacity, resulting in the build-up of organic matter, nitrogenous waste, and phosphorus both in the water mass and on the bottom of the pond or pen / cage. The suspended solids are derived from particulate organic matter and erosion of pond floor, walls, and discharge channels.

The chemical residues may include the remains of veterinary drugs (e.g. antibiotics) that may have been applied to the cultivated species, and toxic substances such as formalin and malachite green, a cancer-causing agent, that may have been that are used to treat finfish for parasites and their eggs for fungal growth. Malachite green is banned in Kenya and must not be used. Formalin should only be used under controlled conditions (e.g. in dipping containers) and with proper care – it should not be introduced directly into production systems. A range of measures can be taken in pond systems and pen / cage systems to (i) reduce the amount of contamination of the effluent; (ii) prevent pond effluent from entering surrounding water bodies; and (iii) treat the effluent before its release into the receiving waters to reduce contaminant levels. Aquaculture operations in large water bodies, however, are open to the surrounding environment and do not have the second or third options, therefore any contamination takes effect immediately.

The following management measures can prevent the contamination of effluent:

Feed:

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• Ensure that pellet feed has a minimum amount of “fines” or feed dust. Fines are not consumed and add to the nutrient load in the water; • Match the pellet size to the species’ life-cycle stage (e.g. smaller pellets should be fed to fry or juvenile animals to reduce the unconsumed fraction); • Regularly monitor feed uptake to determine whether it is being consumed and adjust feeding rates accordingly. • Feed may be wasted due to overfeeding or not feeding at the right time of day; • Where feasible, use floating or extruded feed pellets as they allow for observation during feeding time; • Store feed in cool, dry facilities and ideally for no longer than 30 days to avoid reduction in vitamin contents. Moldy feed should never be used as it may cause disease; • Spread feed as evenly as possible throughout the culture system, ensuring that as many animals as possible have access to the feed. Some species are highly territorial, and uneaten feed adds to the nutrient load; • Feed several times a day, especially when animals are young, allowing better access to food, better feed conversion ratios and less waste; • Halt feeding at a suitable interval before harvest to eliminate the presence of food and / or fecal material in the animal’s gut; • During harvesting, contain and disinfect blood water and effluent to reduce the risk of disease spread and to contain effluent matter • Equip off-loading bays with a waterproof apron and surround with a bund to contain potential spills and prevent contamination with effluent

Suspended solids:

• Avoid discharging waters from ponds while they are being harvested with nets, as this will add to the suspended solids in the effluent drainage; • If feasible, use partial draining techniques to empty ponds that have been harvested. The last 10–15 percent of pond water contains the highest quantities of dissolved nutrients, suspended solids, and organic matter. After harvest, hold the remaining water in the pond for a number of days before discharge, or transfer to a separate treatment facility.

Fertilizers:

• Plan the rate and mode of application of fertilizers to maximize utilization and prevent over- application, taking into account predicted consumption rates; • Increase the efficiency of application and dispersion through such practices as dilution of liquid fertilizers or solution of granulated fertilizers prior to application. Other options

include the use of powdered fertilizers or the placement of powdered fertilizer bags in

shallow water to allow solution and dispersion;

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• Consider the use of time-released fertilizer in which resin coated granules release nutrients into the pond water, with the rate of release corresponding to water temperature and movement; • Avoid the use of fertilizers containing ammonia or ammonium in water with pH of 8 or above to avoid the formation of toxic unionized ammonia (NH3); • Depending on the system (e.g., freshwater aquaculture), grow organic fertilizer (e.g. natural grass) in the pond basin after harvest; • Initiate pond fertilization only in static ponds with no pond water overflow that can impact downstream waters and watersheds; • Conduct pond fertilization to avoid or minimize consequences of potential runoff due to floods or heavy rain and avoid application to overflowing ponds.

Chemicals:

Design the pond depth to reduce the need for chemical control of aquatic weeds and reduce thermal stratification;

Do not use antifoulants to treat cages and pens. The chemically active substances used in antifouling agents are very poisonous and highly stable in an aquatic environment. Clean nets manually or in a net washing machine. h) Socio-Economic Enhancement and Management -

Target: Social - Cultural and traditional knowledge management.

Objectives: Protection and preservation of cultural heritage; promotion of equitable sharing of cultural heritage benefits.

The socio-economic enhancement and management plans for local community will be geared towards enhancing benefit to the local communities from a continuous supply of high quality fish feeds and fish seeds. This should spur economic development. The project will enhance social acceptability by opening up their demonstration plots for continuous learning by the communities. Moreover, during construction, most of the inputs and / or unskilled and skilled workforce should be given / absorbed from within the village. In the short run, there will be diffusion of knowhow from the more qualified personnel towards the local personnel. Moreover, during the operation phase certain basic skills like hatchery maintenance ought to be offered / taken up by local communities, hence contributing to new job opportunities for the local community and economic empowerment, hence raising the acceptability levels.

A contingency budget of KES 1.5 million is provided for the Socio-Economic Enhancement and the cost for the Grievance Redress Mechanism for workers.

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Target: Material Safety Data Sheets are kept in secure and controlled environments and made available for inspection at any time requested. Further Occupational Health and Safety Management System regulations and standards plus incident reports requirements kept in secure and controlled environments and made available for inspection at any time requested.

(i) Occupational Health and Safety Management System

An Occupational Health and Safety Management System (OHSMS) must be established by the Contractor prior to commencement of project works, managed and operated for the proposed project activity. The system must utilize the WBG Environment, Health and Safety guidelines4 and contain the following features: A. Occupational Health and Safety Policy; B. Organizational framework of the OHSMS: • Staffing of OHSMS; • Competence requirements; • Operating procedures; • Training programs; • System documentation; • Communication; C. OHSMS objective (documentation); D. Hazard prevention: • Risk assessment; • Prevention and control measures (active and negative); • Management of changes; • Emergency preparedness and response; • Procurement (tools, equipment, services, contractors); E. Performance monitoring and measurements: • Hazard prevention measures; • Ambient working environment; • Work related injuries, ill health, disease and injuries. F. Evaluation: • Feedback; • Corrective measures;

• Action plan.

World Bank Group EHS Guidelines: 105 https://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final%2B-

%2BGeneral%2BEHS%2BGuidelines.pdf?MOD=AJPERES Page

(ii) Employee safety

In addressing requirements and needs to ensure employee safety, the following should be put in place by the contractor (construction services) and SDF (operational services): a) Provision of adequate personal protective clothing, b) Enforcement and proper use of personal protective clothing by all employees; c) Provision of first aid and emergency services on site; d) In case of injury of employee during work; management must have a clear policy on treatment of the injured employee; e) In case of permanent disability arising from injury at work place, adequate compensation should be available; f) A Hazardous Materials Management Plan should be developed to address applicable, essential elements of occupational health and safety management, including: • Job safety analysis to identify specific potential occupational hazards and industrial hygiene surveys, as appropriate, to monitor and verify chemical exposure levels, and compare with applicable occupational exposure standards; • Hazard communication and training programs to prepare workers to recognize and respond to workplace chemical hazards. Programs should include aspects of hazard identification, safe operating and materials handling procedures, safe work practices, basic emergency procedures, and special hazards unique to their jobs. • Training should incorporate information from Material Safety Data Sheets (MSDSs) for hazardous materials being handled. MSDSs should be readily accessible to employees in their local language. • Definition and implementation of permitted maintenance activities, such as hot work or confined space entries • Provision of suitable personal protection equipment (PPE) (footwear, masks, protective clothing and goggles in appropriate areas), emergency eyewash and shower stations, ventilation systems, and sanitary facilities • Monitoring and record-keeping activities, including audit procedures designed to verify and record the effectiveness of prevention and control of exposure to occupational hazards and maintaining accident and incident investigation reports on file for a period of at least five years Process Knowledge and Documentation • The Hazardous Materials Management Plan should be incorporated into, and consistent with, the other elements of the facility ES/OHS MS and include: • Written process safety parameters (i.e., hazards of the chemical substances, safety equipment specifications, safe operation ranges for temperature, pressure, and other

applicable parameters, evaluation of the consequences of deviations, etc.) • Written operating procedures

• Compliance audit procedures

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• Appropriate tools and equipment in sound working condition must be provided to employees to enable them work safely; g) Electric Shock: Electrical devices typically used in aquaculture include manifold and cover water pumps, paddlewheels, and lighting installations. The risk of electrical shock is therefore present during all operations in which the workers are in contact with the water. Measures to reduce the risk of electric shock include: o Waterproof all electrical installations; o Ensure that fuses are used and that there is an appropriate connection to the ground; o Ensure that all cables are intact, waterproof, and without connection; o Provide training in the correct handling of electric equipment (e.g. pumps and) to avoid the risk of short circuits; o Employ lock out / tag out procedures. h) Drowning: Management measures to reduce the risk of drowning among workers and site visitors include the following: o Provide lifejackets and harnesses with safety clips (karabiners) that lock on to lines or fixed points; o Ensure that personnel are experienced swimmers; o Train personnel in safety at sea, including procedures for supervision of personnel; o Require that personnel wear lifejackets at all times on exposed sites and at sea; o Where large vessels are used to transport personnel and equipment to marine sites, ensure that the vessel can be securely berthed on the pontoons, reducing the risk of falling into the gap between the vessel and the pontoon. i) Exposure to Chemicals: a variety of chemicals may be used in the operation of an aquaculture facility to treat and / or control disease organisms or to facilitate production (e.g. lime, diluted chlorine, or salt). o Fertilizers are also generally caustic materials and care should be taken in their application. j) Water-borne Disease: Workers may be directly or indirectly exposed to water-borne diseases due to frequent contact with water (ponds) and the close proximity of living quarters to surface water bodies. The potential for transmission of water-borne disease should be addressed as part of the occupational health and safety program including specific additional medical screening for the labor force and implementation of preventive measures (e.g. mosquito nets in living quarters). k) Management of Hazardous Materials should include: • Hazard assessment, with establishment of the level of risk through an on-going assessment process based on: The types and amounts of hazardous materials present in the project. This

information should be recorded and should include a summary table with the

following information: o Name and description (e.g. composition of a mixture) of the Hazmat

o Classification (e.g. code, class or division) of the Hazmat 107 Page

o Internationally accepted regulatory reporting threshold quantity or national equivalent of the Hazmat o Quantity of Hazmat used per month o Characteristic(s) that make(s) the Hazmat hazardous (e.g. flammability, toxicity) • Analysis of potential spill and release scenarios using available industry statistics on spills and accidents where available • Analysis of the potential for uncontrolled reactions such as fire and explosions • Analysis of potential consequences based on the physical, geographical characteristics of the project site, including aspects such as its distance to settlements, water resources, and other environmentally sensitive areas.

Hazard assessment should be performed by specialized professionals using internationally-accepted methodologies such as Hazardous Operations Analysis (HAZOP), Failure Mode and Effects Analysis (FMEA), and Hazard Identification (HAZID).

• Management Actions:

Management Plan should be commensurate with the level of potential risks associated with the production, handling, storage, and use of hazardous materials.

• Release Prevention and Control Planning

Where there is risk of a spill of uncontrolled hazardous materials, facilities should prepare a spill control, prevention, and countermeasure plan as a specific component of their Emergency Preparedness and Response Plan. The plan should be tailored to the hazard associated with the project, and include:

(a) Training of operators on release prevention, including drills specific to hazardous materials as part of emergency preparedness response training.

(b) Implementation of inspection programs to maintain the mechanical integrity and operability of pressure vessels, tanks, piping systems, relief and vent valve systems, containment infrastructure, emergency shutdown systems, controls and pumps, and associated process equipment;

(c) Preparation of written Standard Operating Procedures (SOPs) for filling USTs, ASTs or other containers or equipment as well as for transfer operations by personnel trained in the safe transfer and filling of the hazardous material, and in spill prevention and response;

(d) SOPs for the management of secondary containment structures, specifically the removal of any accumulated fluid, such as rainfall, to ensure that the intent of the system is not

accidentally or willfully defeated;

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(e) Identification of locations of hazardous materials and associated activities on an emergency plan site map;

(f) Documentation of availability of specific personal protective equipment and training needed to respond to an emergency;

(g) Documentation of availability of spill response equipment sufficient to handle at least initial stages of a spill and a list of external resources for equipment and personnel, if necessary, to supplement internal resources;

(h) Description of response activities in the event of a spill, release, or other chemical emergency including:

• Internal and external notification procedures • Specific responsibilities of individuals or groups • Decision process for assessing severity of the release, and determining appropriate actions • Facility evacuation routes • Post-event activities such as clean-up and disposal, incident investigation, employee re-entry, and restoration of spill response equipment. (i) Preventive Measures: • Hazardous Materials Transfer: Uncontrolled releases of hazardous materials may result from small cumulative events, or from more significant equipment failure associated with events such as manual or mechanical transfer between storage systems or process equipment. • Recommended practices to prevent hazardous material releases from processes include: o Use of dedicated fittings, pipes, and hoses specific to materials in tanks (e.g., all acids use one type of connection, all caustics use another), and maintaining procedures to prevent addition of hazardous materials to incorrect tanks o Use of transfer equipment that is compatible and suitable for the characteristics of the materials transferred and designed to ensure safe transfer o Regular inspection, maintenance and repair of fittings, pipes and hoses o Provision of secondary containment, drip trays or other overflow and drip containment measures, for hazardous materials containers at connection points or other possible overflow points.

• Overfill Protection

Overfills of vessels and tanks should be prevented as they are among the most common

causes of spills resulting in soil and water contamination, and among the easiest to 109

prevent. Recommended overfill protection measures include: Page

o Prepare written procedures for transfer operations that includes a checklist of measures to follow during filling operations and the use of filling operators trained in these procedures. o Installation of gauges on tanks to measure volume inside o Use of dripless hose connections for vehicle tank and fixed connections with storage tanks o Provision of automatic fill shutoff valves on storage tanks to prevent overfilling o Use of a catch basin around the fill pipe to collect spills o Use of piping connections with automatic overfill protection (float valve) o Pumping less volume than available capacity into the tank or vessel by ordering less material than its available capacity o Provision of overfill or over pressure vents that allow controlled release to a capture point • Reaction, Fire, and Explosion Prevention: Reactive, flammable, and explosive materials should also be managed to avoid uncontrolled reactions or conditions resulting in fire or explosion. Recommended prevention practices include: o Storage of incompatible materials (acids, bases, flammables, oxidizers, reactive chemicals) in separate areas, and with containment facilities separating material storage areas o Provision of material-specific storage for extremely hazardous or reactive materials o Use of flame arresting devices on vents from flammable storage containers o Provision of grounding and lightning protection for tank farms, transfer stations, and other equipment that handles flammable materials o Selection of materials of construction compatible with products stored for all parts of storage and delivery systems, and avoiding reuse of tanks for different products without checking material compatibility o Storage of hazardous materials in an area of the facility separated from the main production works. Where proximity is unavoidable, physical separation should be provided using structures designed to prevent fire, explosion, spill, and other emergency situations from affecting facility operations o Prohibition of all sources of ignition from areas near flammable storage tanks • Secondary Containment as a Control Measure (Liquids): A critical aspect for controlling accidental releases of liquid hazardous materials during storage and transfer is the provision of secondary containment. It is not necessary for secondary containment methods to meet long term material compatibility as with primary storage and piping, but their design and construction should hold released materials

effectively until they can be detected and safely recovered. Appropriate secondary

containment structures consist of berms, dikes, or walls capable of containing the larger of 110 percent of the largest tank or 25% percent of the combined tank volumes in areas with above-ground tanks with a total storage volume equal or 110

greater than 1,000 liters and will be made of impervious, chemically resistant Page

material. Secondary containment design should also consider means to prevent contact between incompatible materials in the event of a release. Other secondary containment measures that should be applied depending on site-specific conditions include: o Transfer of hazardous materials from vehicle tanks to storage in areas with surfaces sufficiently impervious to avoid loss to the environment and sloped to a collection or a containment structure not connected to municipal wastewater/stormwater collection system o Where it is not practical to provide permanent, dedicated containment structures for transfer operations, one or more alternative forms of spill containment should be provided, such as portable drain covers (which can be deployed for the duration of the operations), automatic shut-off valves on storm water basins, or shut off valves in drainage or sewer facilities, combined with oil- water separators o Storage of drummed hazardous materials with a total volume equal or greater than 1,000 liters in areas with impervious surfaces that are sloped or bermed to contain a minimum of 25 percent of the total storage volume. o Provision of secondary containment for components (tanks, pipes) of the hazardous material storage system, to the extent feasible o Conducting periodic (e.g. daily or weekly) reconciliation of tank contents, and inspection of visible portions of tanks and piping for leaks; o Use of double-walled, composite, or specially coated storage and piping systems particularly in the use of underground storage tanks (USTs) and underground piping. If double-walled systems are used, they should provide a means of detecting leaks between the two walls.

• Management of Major Hazards: In addition to the application of the above- referenced guidance on prevention and control of releases of hazardous materials, projects involving production, handling, and storage of hazardous materials at or above threshold limits46 should prepare a Hazardous Materials Risk Management Plan, in the context of its overall ES/OHS MS. The objective of this guidance is the prevention and control of catastrophic releases of toxic, reactive, flammable, or explosive chemicals that may result in toxic, fire, or explosion hazards. • Management Actions: (i) Management of Change: These procedures should address: ▪ The technical basis for changes in processes and operations

▪ The impact of changes on health and safety ▪ Modification to operating procedures

▪ Authorization requirements 111

▪ Employees affected Page

▪ Training needs (ii) Compliance Audit: A compliance audit is a way to evaluate compliance with the prevention program requirements for each process. A compliance audit covering each element of the prevention measures should be conducted at least every 3 years and should include: ▪ Preparation of a report of the findings ▪ Determination and documentation of the appropriate response to each finding ▪ Documentation that any deficiency has been corrected (iii) Incident Investigation: Incidents can provide valuable information about site hazards and the steps needed to prevent accidental releases. An incident investigation mechanism should include procedures for: ▪ Initiation of the investigation promptly ▪ Summarizing the investigation in a report ▪ Addressing the report findings and recommendations ▪ A review of the report with KMFRI and contractors (iv) Employee Participation: A written plan of action should describe an active employee participation program for the prevention of accidents. (v) Contractors: There should be a mechanism for contractor control which should include a requirement for them to develop hazard materials management procedures that meet the requirements of the hazardous materials management plan. Their procedures should be consistent with those of the contracting company and the contractor workforce should undergo the same training. Additionally, procedures should require that contractors are: ▪ Provided with safety performance procedures and safety and hazard information ▪ Observe safety practices ▪ Act responsibly ▪ Have access to appropriate training for their employees ▪ Ensure that their employees know process hazards and applicable emergency actions ▪ Prepare and submit training records for their employees to the contracting company ▪ Inform their employees about the hazards presented by their work ▪ Assess trends of repeated similar incidents ▪ Develop and implement procedures to manage repeated similar incidents (vi) Training: Project employees should be provided training on Hazmat

management. The training program should include:

▪ A list of employees to be trained ▪ Specific training objectives ▪ Mechanisms to achieve the objectives (i.e., hands-on workshops, videos, 112

etc.) Page

▪ The means to determine whether the training program is effective ▪ Training procedures for new hires and refresher courses for existing employees • Preventive Measures: The purpose of preventive measures is to ensure that safety related aspects of the process and equipment are considered, limits to be placed on the operations are well known, and accepted standards and codes are adopted, where they apply. (i) Process Safety Information: Procedures should be prepared for each hazardous materials and include: ▪ Compilation of Material Safety Data Sheets (MSDS) ▪ Identification of maximum intended inventories and safe upper/lower parameters ▪ Documentation of equipment specifications and of codes and standards used to design, build and operate the process (ii) Operating Procedures: SOPs should be prepared for each step of all processes or operations within the project (e.g. initial startup, normal operations, temporary operations, emergency shutdown, emergency operations, normal shutdown, and start-up following a normal or emergency shutdown or major change). These SOPs should include special considerations for Hazmats used in the process or operations (e.g. temperature control to prevent emissions of a volatile hazardous chemical; diversion of gaseous discharges of hazardous pollutants from the process to a temporary storage tank in case of emergency). Other procedures to be developed include impacts of deviations, steps to avoid deviations, prevention of chemical exposure, exposure control measures, and equipment inspections. (iii) Mechanical Integrity of process equipment, piping and instrumentation: Inspection and maintenance procedures should be developed and documented to ensure mechanical integrity of equipment, piping, and instrumentation and prevent uncontrolled releases of hazardous materials from the project. These procedures should be included as part of the project SOPs. The specific process components of major interest include pressure vessels and storage tanks, piping systems, relief and vent systems and devices, emergency shutdown systems, controls, and pumps. Recommended aspects of the inspection and maintenance program include: ▪ Developing inspection and maintenance procedures ▪ Establishing a quality assurance plan for equipment, maintenance materials, and spare parts

▪ Conducting employee training on the inspection and maintenance

procedures ▪ Conducting equipment, piping, and instrumentation inspections and maintenance 113

▪ Identifying and correcting identified deficiencies Page

▪ Evaluating the inspection and maintenance results and, if necessary, updating the inspection and maintenance procedures ▪ Reporting the results to management. (iv) Hot Work Permit: Hot work operations – such as brazing, torch-cutting, grinding, soldering, and welding – are associated with potential health, safety, and property hazards resulting from the fumes, gases, sparks, and hot metal and radiant energy produced during hot work. Hot work permit is required for any operation involving open flames or producing heat and/or sparks. The section of SOPs on hot work should include the responsibility for hot work permitting, personal protection equipment (PPE), hot work procedures, personnel training, and recordkeeping. (v) Pre-Start Review: Procedures should be prepared to carry out pre-start reviews when a modification is significant enough to require a change in safety information under the management of change procedure. The procedures should: ▪ Confirm that the new or modified construction and/or equipment meet design specifications ▪ Ensure that procedures for safety, operation, maintenance, and emergency are adequate ▪ Include a process hazard assessment, and resolve or implement recommendations for new process ▪ Ensure that training for all affected employees is being conducted (vi) Emergency Preparedness and Response: When handling hazardous materials, procedures and practices should be developed allowing for quick and efficient responses to accidents that could result in human injury or damage to the environment. An Emergency Preparedness and Response Plan, incorporated into and consistent with, the facility’s overall ES/OHS MS, should be prepared to cover the following: ▪ Planning Coordination: Procedures should be prepared for: Informing the public and emergency response agencies; Documenting first aid and emergency medical treatment; Taking emergency response actions; Reviewing and updating the emergency response plan to reflect changes, and ensuring that employees are informed of such changes. ▪ Emergency Equipment: Procedures should be prepared for using, inspecting, testing, and maintaining the emergency response equipment. ▪ Training: Employees and contractors should be trained on emergency response procedures.

(iii) Safety of neighbours and general public

114 Page

Project sites will be managed for incidents and accidents that endanger neighbours and general public. The proponent must ensure the safety of all neighbours and the general public is taken care of by putting the following measures in place: ‐ a) All neighbours must be informed of the date of commencement of project activities at least two weeks in advance in writing; b) Sealing off the entire project sites from access by unauthorised person; c) There should be notices and warning prominently displayed at project sites informing general public of ongoing activity and safety requirements. d) Hazardous materials management - Community Involvement and Awareness: When hazardous materials are in use above threshold quantities, the management plan should include a system for community awareness, notification and involvement that should be commensurate with the potential risks identified for the project during the hazard assessment studies. This should include mechanisms for sharing the results of hazard and risk assessment studies in a timely, understandable and culturally sensitive manner with potentially affected communities that provides a means for public feedback. Community involvement activities should include availability of general information to the potentially affected community on the nature and extent of project operations, and the prevention and control measures in place to ensure no effects to human health: o The potential for off-site effects to human health or the environment following an accident at planned or existing hazardous installations o Specific and timely information on appropriate behavior and safety measures to be adopted in the event of an accident including practice drills in locations with higher risks o Access to information necessary to understand the nature of the possible effect of an accident and an opportunity to contribute effectively, as appropriate, to decisions concerning hazardous installations and the development of community emergency preparedness plans.

(iv) First‐Aid

a) Ensure first aid services are provided to employees at all times; b) An appropriately equipped first‐aid station to be easily accessible at the project site; c) An eye‐wash station and/or emergency shower shall be provided where the recommended first‐aid response is immediate flushing with water; d) The first aid station to be equipped with gloves, gowns and masks for protection against direct contact with blood and other body fluids; e) A written emergency procedure to be in place. j) Environmental Training and Awareness Management - Action plans

Environmental training and awareness is provided to all employees in the form of Right to Knows, 115

Toolbox talks. Page

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8.4 Environmental Monitoring

Monitoring entails continuous assessment of environmental or socio-economic variables by the systematic collection of specific data in time and space and evaluating the data to confirm whether the proposed mitigation measures effectively address the project impacts. This consists of: a) Baseline Monitoring – This has been undertaken prior to implementation and forms the basis of the ESIA project report; b) Compliance Monitoring – This is to be undertaken during project implementation and involves Impact and Mitigation Monitoring.

Monitoring requirements will include: a) Monitoring parameters: The parameters selected for monitoring should be indicative of the pollutants of concern from the process (once specific methods for wastewater treatment are identified), and should include parameters that are regulated under compliance requirements; b) Monitoring locations: The monitoring location should be selected with the objective of providing representative monitoring data. Effluent sampling stations may be located at the final discharge, as well as at strategic upstream points prior to merging of different discharges. Process discharges should not be diluted prior or after treatment with the objective of meeting the discharge or ambient water quality standards. c) Data quality: Monitoring programs should apply internationally approved methods for sample collection, preservation and analysis. Sampling should be conducted by or under the supervision of trained individuals. Analysis should be conducted by entities permitted or certified for this purpose. Sampling and Analysis Quality Assurance/Quality Control (QA/QC) plans should be prepared and, d) implemented. QA/QC documentation should be included in monitoring reports.

Monitoring will follow a monitoring, evaluation and review approach as presented in the environmental monitoring scheme below starting from implementation of mitigation measures

(Figure 8.3.2):

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ADEQUATE

Implementation Stakeholder of Mitigation MONITORING Perception Measures

NOT EDEQUATE

Modification of Mitigation Measures

Figure 8.3.2: Schematic representation of proposed Environmental and Social Monitoring Plan

The aim of the environmental monitoring is to: ▪ To maintain a healthy environment ▪ To preserve integrity and privacy adjacent residential quarters ▪ To maintain good water quality ▪ Promote proper waste management ▪ To maintain good or better practices

The key environmental parameters proposed for scheduled monitoring are presented in Table 8.3.3. Grievance redress mechanism should be utilized as a supplementary tool for project monitoring, where ongoing stakeholder engagement can help the project to identify, report and resolve any potential incompliance other issues.

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Table 8.3.3: Environmental and Social Monitoring Plan (costs included in overall contractor’s costs)

Impact Responsibility Frequency Parameters Target • Water Quality Contractor during construction Weekly Turbidity, pH, DO, BOD, Nutrients, Microbial organisms. Maintain current KMFRI during operations Consider discharge characteristics from the process over levels. Refer to time. Effluents from highly variable processes may need to table 8.3.4. below be sampled more frequently or through composite for reference methods. Grab samples or, if automated equipment values. permits, composite samples may offer more insight on average concentrations of pollutants over a 24-hour period. Composite samplers may not be appropriate where analytes of concern are short-lived (e.g., quickly degraded or volatile). • Air Quality Contractor during construction Daily As defined in Air Quality action plan Maintain current KMFRI during operations levels • Noise levels Contractor during construction Daily As defined in Air Quality action plan Maintain current KMFRI during operations levels • Terrestrial & Contractor during construction Monthly Biodiversity indicators as defined in Action plan, Maintain / Improve Ocean health, KMFRI during operations GRM should be used to monitor any grievances reported by on current levels biodiversity & the relevant CSOs and other stakeholders, such as KWS, KFS, functionality NMK, etc. • Fishing access Contractor during construction Monthly Catches & Access to fishing sites, landing beaches Maintain current KMFRI during operations levels • Social – Contractor during construction Quarterly Socio-economic well-being and compliance to agreed code- Improve incomes economic KMFRI during operations of-conduct for responsible tourism and well-being enhancement • Human wellness Contractor during construction Daily Human health, clinical records, reported accident cases, Maintained or KMFRI during operations County Health checks / non-conformities, corrections and corrective actions Improved Ministry / Beneficiary communities Monthly reporting

• OHS and other Contractor during construction Daily OHS Policy in place (including Safety of neighbours and Maintained or 119 safety KMFRI during operations checks / general public, First‐Aid Improved

requirements Page

County Health Ministry / Beneficiary Monthly Policy and plan), OHASS implementation, reviews, communities reporting management of non-conformities, corrections and corrective actions 24 hours after any Reports on any injuries or fatalities on or near the project incident (fatal or site are reported immediately to KEMFSED project team and non-fatal) the World Bank

Table 8.3.4 Effluent levels for aquaculture

Pollutants Units Guidelines Value pH pH 6-9

BOD5 mg/l 50 COD mg/l 250 Total nitrogen mg/l 10 Total phosphorus mg/l 2 Oil and grease mg/l 10 Total suspended solids mg/l 50 Temperature increase ˚C <3b Total coliform bacteria MPNa/100ml 400 Active ingredients / antibiotics Will be determined based on the selection of specific technologies. Notes: a MPN = Most Probable Number b At the edge of a scientifically established mixing zone which takes into account ambient water quality, receiving water use, potential receptors and assimilative capacity

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9.0 CONCLUSION AND RECOMMENDATIONS

9.1 Conclusion

Findings from this ESIA project report have concluded the following for the proposed Construction KMFRI Marine Hatchery and Laboratories at Shimoni: a) The proposed developments are Strategic development for KMFRI to meet her legal mandate and obligations; b) The proposed developments is an investment initiative to be implemented on private land; c) The proposed development is limited to Construction KMFRI Marine Hatchery at ground level and Laboratories block at two floors initially, and later to 4 floors; d) The proposed project is doable within the confines of the construction development and environmental regulatory laws (Environmental Management and Coordination Act, 2009, amendment 2015; NCA) and other key sectoral laws (key amongst them County Government Acts governing Physical Planning, County by-laws, Public Health, Occupational Health and Safety regulations and Housing by-laws); e) All stakeholders consulted, support the project with concerns raised to address specific potential negative impacts (avoid, reduce, mitigate, compensate hierarchy) and monitored throughout the lifespan of the project; f) It is evident from the ESIA site assessment, construction designs and plans that the proposed construction will be operationalized and limited to KMFRIs plot. The services will be provided through public access road reserves. Therefore, the project will not involve any resettlement hence there is no need for a resettlement action plan (RAP) to be developed; g) The key impacts identified for management under a Construction Quality Control Plan Management include, but not limited to: i. Air quality; ii. Noise levels; iii. Wastes generated – including, but not limited to, solid, liquid effluent and potential hazardous laboratory waste materials; iv. Water contamination; v. Forest degradation; vi. Land degradation; vii. Fishing access restrictions / Exclusions viii. Social erosion: Culture erosion;, loss of traditional knowledge ix. Nuisance on public health and disease prevalence; x. Nuisance on public workers wellness: occupational health and safety concerns;

xi. Closure Plans (from decommissioning) Nuisance on public / environment / 121

safety, and Page

______EIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected] KMFRI Marine Hatchery and Laboratories at Shimoni - EIA Project Report –Dec 2018

xii. Water management – including, but not limited to, managing rain water, managing seawater, managing waste (solid, liquid effluent and hazardous laboratory materials); xiii. Good environmental stewardship management.

9.2 Recommendations

Some of these environmental and social considerations and improvements that need to be monitored are summarised below: a) The construction phase of the proposed project should await finalisation of the formal ESIA review process and granting of ESIA licence by Director of Environment, NEMA, Kwale County; b) All solid waste to be collected, handled and disposed in accordance to EMCA (Waste Management) Regulations, 2006; c) Any firm contracted to handle waste, especially hazardous waste, must be duly licensed by NEMA; d) The construction phase of the project should follow the set-out National and County regulations governing infrastructure and housing developments, including but not limited to Public Health, Occupational Health and Safety Management System; e) Occupational Health and Safety regulations to be adhered to in accordance to the Occupational Health and safety regulations 2007 and any such by-laws or amendments specific to Kwale County; f) The construction phase of the project should also adhere to the National Construction Authority (NCA) 2012 Act, Regulations 2014, and Legal Notice No 40, The Factories (Buildings, Operations and Works of Engineering Construction) Rules and Regulations, 1984, and any by- laws or amendments specific to Kwale County. g) At the expiry of project life (decommissioning), or when demolition is demanded, the project will need to undertake a separate ESIA project report for the decommissioning processes.

Dated: December 4, 2018

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APPENDICES

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Appendix- 1: KMFRI Land Ownership Registration

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Page

Appendix 2A: Kwale County Approved Land-Use Plan for KMFRI’s Research and Educational Facility at Shimoni.

A grab from the Kwale County Approved Land Use Plans (2016) showing land area and size allocated to KMFRI © Kwale County Physical Development Plan, PDP 2016.

125 Page

Appendix 2B: Details of Site Plan and Beacon Positions for

KMFRI’s Plot at Shimoni.

126 Page

127 Page

Appendix 2C: Kwale County Approved Land-Use Plan

Proposals for KMFRI’s Facility at Shimoni.

128 Page

A grab from the Kwale County Approved Land Use Plans (2016) showing land use proposal legends

including No. 2 for Educational and Research Facilities (KMFRI belongs here).

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Appendix- 3A: Site Plan for KMFRI Shimoni Hatchery

130 Page

Appendix- 3B: Architectural Drawings KMFRI Shimoni Hatchery

131 Page

Appendix- 3C: Architectural Drawings KMFRI Shimoni Laboratory

132 Page

Appendix- 4A: Kwale County Development Approvals for KMFRI Shimoni Plot

A grab from the Kwale County Approved Land Use Development Plans (2016) showing County Approval for KMFRI’s research facilities (dated th

November 10 , 2016). 133 Page

Appendix- 4B: Kwale County Physical Planning Approvals for Site Development for KMFRI Shimoni Site

134 Page

135 Page

Appendix- 4B: Kwale County Structural Assessment and Development Approvals for KMFRI Laboratories

136 Page

137 Page

138 Page

139 Page

Appendix- 5A: Structural Drawings including Foundation Plan for Hatchery

140 Page

Appendix- 5B: Structural Drawings, including Foundation

Plan, Elevations, Sections, and Roof Plan for Laboratories

141 Page

Appendix- 6: Estimates of Project Costs (Summary Bills of Quantities) for KMFRI Shimoni Hatchery

142 Page

Appendix- 7: Estimates of Project Costs (Summary Bills of Quantities) for KMFRI Laboratory building

143 Page

Appendix- 8A: ESIA Practitioner License and NEMA Statutory Registrations and Practicing License for Lead Experts

Licensing Certification for NEMA (awaiting issuance of 2019 certification)

144 Page

Licensing Certification for NEMA (awaiting issuance of 2019 certification)

145 Page

Appendix- 8B: ESIA Practitioner License and NEMA Statutory Registrations and Practicing License for Lead Experts

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Certification of payment for renewal of EIK membership Page

Appendix- 9: Scoping and screening form for KMFRI Shimoni plot project report

KENYA MARINE AND FISHERIES RESEARCH INSTITUTE

Environmental Sustainability Department

ENVIRONMENTAL SCREENING FORM AND CHECKLIST This Environmental Screening Form (ESF) has been designed to assist in the evaluation of KMFRI development activities that may have impacts on the Triple Bottom Line (TBL). The product of the screening exercise is to see if a full ESIA Study ESIA Project or a simple ESMP is required for the mitigation measures, if any, identified from the screening exercise.

Environmental Screening Form (ESF) Name of KMFRI Project / Activity Construction of KMFRI Shimoni Marine Hatchery and Laboratories at Shimoni (Plot Title No: Kwale/Shimoni Village/S.S.S./83), Pongwe-Kidimu Division, Kwale County. Project Component / Sub-component Directorate of Aquaculture and Fisheries Sub-project Sector Aquaculture and Fisheries Name, Title and Institution of Officer Patrick Gwada, ESSO, KMFRI Filling form Date 15th March 2018 Signature

1. Sub project Description (Attach details where necessary) Type and Scale (Acreage) of Project: small-scale footprint (ca 0.2 ha, Kibuyuni), but potential significant impacts from 4 storied laboratory and Hatchery complex

Sub-project area: Shimoni

Inputs: Earth clearing and excavation inputs; construction inputs; Hatchery inputs, Laboratory inputs Outputs: Completed Functional Marine Hatchery structure; Completed Functional Laboratory block

Completed Functional Waste management system 147 2. Infrastructural development

Does the activity include construction? Page

Yes__√___ No _____ 3. Transgenic Crops

Would the sub-project involve research and testing on transgenic crops? Yes ______No ___√___ 4. Pesticides Would the sub-project activity involve the use of chemical pesticides? Yes ______No ___√ (but probable if fish and feed husbandry necessitates)___ 5. Water quality Is there a possibility that that water quality of freshwater sources will be adversely affected? Yes ___√___ No ______6. The Natural Environment Would a significant amount of vegetation/trees need to be cleared as part of the sub-project activity? Yes ___√___ No ______7. Endangered and threatened species Will the project adversely affect endangered and/or threatened species? Yes ___√___ No ______8. Geology and Soils Based upon visual inspection or available literature, are there areas of possible geologic or soil instability (erosion prone, landslide prone, subsidence-prone)? Yes ______No ___√___

9. Solid or Liquid Wastes Will the sub-project generate solid or liquid wastes? Yes __√____ No ______

If “Yes”, does the sub project include a plan for their adequate collection and disposal? Yes ___√___ No ______

10. Landscape/aesthetics Is there a possibility that the sub project will adversely affect the aesthetic attractiveness of the local landscape? Yes ___√___ No ______

11. Noise pollution during Construction and Operations Will the operating noise level exceed the allowable decibel level for that zone? Yes ___√___ No ______12. Displacement of Livelihoods Will the sub-project activity displace any existing dwellings or economic activity (e.g. growing of crops, use of water), even if they are using land or other resources illegally? Yes ___√___ No ______13. Cultural values Will the activity adversely affect cultural heritage?

Yes ___√___ No ______14. Preparation of EMP? If any of the above questions is answered YES, an EA must be done and an EMP must be prepared 148

Page

Wrap Up Screening Discussions and Recommendations a) The filled screening forms will be reviewed and discussed further by members of the Quality Control / Assurance development team, NEMA, local communities at Shimoni village, and other stakeholders for internalization and to incorporate their additional concerns in the project design, execution, implementation, management of impacts and monitoring. b) Considering the scale of the project, there is NO NEED for full ESIA study for these activities. c) The project will, however, require a detailed Project Report on which a comprehensive Environmental Management Plan (EMP) will be developed. d) There is need for close consultations with NEMA, KFS and KWS Officers’ network at all times to ensure that the reports and EMPs meet the required environmental standards as per EMCA regulations and World-Bank Safeguards requirements.

EMPs have financial implications and these have to be adequately factored in the component or institutional budgets for effective implementation.

Patrick Gwada Safeguards Officer, KMFRI 15th March 2018.

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Appendix 10: Grievance Redress Mechanism 1. Grievances and disputes may arise at several stages of the Project’s planning and implementation and may be related to project administration or may be a result of conflicts between groups affected by the Project. Affected groups or individuals identified under the Project should be made aware at every stage that grievance procedures are in place and be advised on how they can access this mechanism.

Purpose

2. A Grievance Redress Mechanism (GRM) is required by the World Bank’s OP 4.12 in order to identify procedures to effectively address grievances arising from project implementation. Persons affected by the project must have an avenue where they can formally lodge their complaints and grievances and have them properly considered and addressed. A GRM can help project management significantly enhance operational efficiency in a variety of ways, including generating public awareness about the project and its objectives; deterring fraud and corruption; mitigating risk; providing project staff with practical suggestions/feedback that allows them to be more accountable, transparent, and responsive to beneficiaries; assessing the effectiveness of internal organizational processes; and increasing stakeholder involvement in the project. 3. It is very important that the project’s management and staff recognize and value the grievance process as a means of strengthening public administration, improving public relations, and enhancing accountability and transparency. Consequently, grievance redress will be integrated into the project’s core activities. This will be done by integrating grievance redress functions into project staffs’ job descriptions and regularly review grievances data and trends at project management meetings.

Sources of Grievances 4. Potential sources of grievances and conflicts as a result of administration of the Project include:

• Poor communication and facilitation; • Inadequate or lack of consultation; • Concern over exclusion in decision-making; • Discontentment regarding performance of mitigation measures (e.g., support from alternative livelihoods); • Lack of transparency and accountability through the citizen engagement

Sources of Conflicts 5. Potential conflicts, which may arise between affected groups as a result of the Project may include: • Competition for use of resources or disputes over access to a resource use area as a result of the Project; • The identification and disagreement on boundaries; and

• Competition over the sale or marketing of products.

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Equity No complaint is too big or small. All complaints received shall be treated with the urgency and the attention they deserve. All Aggrieved Parties regardless of their social standing, gender, political affiliation, religious affiliation shall be given opportunity to be heard by the responsible officers without prejudice.

Accountability The project outcomes should benefit the people in the targeted communities and as such the Project Management is accountable to the people in the communities, they operate in. The project should be responsive to the needs of the community including their complaints and grievances.

Transparency Members of the community or aggrieved parties have the right to information on the grievance mechanism, how to access it, who is responsible for handling their complaints and the potential outcome of the processes.

Accessibility All people in the target community must have unrestricted and free access to the GRM. The project shall publicize the GRM to all those who may wish to

access it and provide adequate assistance for aggrieved parties who may face barriers of access, including language, literacy, awareness, finance, distance, or fear of reprisal. The Aggrieved Party shall be kept informed at each stage of the process.

Anonymity The GRM will not disclose the identity(s) of the AP by name or otherwise to maintain confidentiality

Timely This GRM should function promptly and speedily. Prompt action is not only Response desirable from the complaint’s point of view, but also from the management’s point of view. Since delay causes frustration and tempers may rise, it is necessary that grievances should be dealt with speedily.

It is a common saying that justice delayed is justice denied. However, any ‘unnecessary delay constitutes another grievance. Settlement of grievances “in the shortest possible time and at the lowest level possible,” is the ideal one. Some of these cases and incidences might require reporting to the WB Task Team immediately.

Confidentiality Grievances will be treated confidentially. Complainant’s names and personally identifiable information will be kept in the strictest confidence.

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Participatory All project-affected persons – fishers, community members, members of and socially vulnerable groups, project implementers, civil society, and the media - are inclusive: encouraged to bring grievances and comments to the attention of project authorities. Special attention is given to ensure that poor and marginalized groups, including those with special needs, can access the GRM.

Building on The GRM will build on existing structures of informal and formal dispute existing resolution to enhance cost effectiveness. The GRM will rely on two existing informal and systems: informal dispute resolution practices (through the existing traditional formal dispute conflict resolution flows) and formal resolution practices (through existing resolution administrative and judicial flows by arbitration and courts of law). By doing this, flows the mechanism can easily become acceptable as the majority of stakeholders are already familiar with it.

6. For example, in the coastal areas, conflicts have arisen between villages over rights to fish specific coral reefs that are known to be particularly productive. Migratory fishermen, who may not seek permission to fish local waters from appropriate village authorities or who may use destructive fishing practices, have come into conflict with local fishermen. Conflicts have also arisen between tourism operators, and local villages, BMUs on landing sites primarily associated with access and use of the foreshore and beach areas. There has also been conflict between fishermen and dive operators over preferred coral reef sites. The development of an MPA network has the potential to exacerbate such conflicts, as certain marine-based livelihood activities are displaced and move to new areas.

Definition and Types of Grievance

7. For the purpose of the project’s GRM, grievance is defined as an issue, concern, problem, claim (perceived or actual) or complaint that an individual or group wants the project to address and resolve. It is understood that when community members present a grievance, they generally expect to receive one or more of the following: a) Acknowledgment of their problem b) An honest response to questions about project activities c) An apology d) Compensation e) Modification of the conduct that caused the grievance f) Some other fair remedy.

8. This GRM is designed to respond to four types of complaints that are likely to arise:

a) Comments, suggestions, or queries; b) Complaints relating to non-performance of project obligations; c) Complaints referring to violations of law and/or corruption; and d) Complaints against project staff or community members involved in project 152

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Grievance Redress Guidelines

9. The GRM is being established at the field level for the Shimoni Hatchery and Laboratory project where matters can be addressed immediately within the scope of the project’s activities. Given that the project implementation is under KMFRI and the State department of Fisheries and Blue Economy, it is expected that KMFRI and the State Department will be responsible for the implementation and management of the project and respond to grievances related to the project and are raised through the GRM. The other level of the GRM is at the national level which includes the judicial levels where the process is more formalized and complex and includes formal litigation. Also, at the national level is the Office of the Ombudsman who is able to take up issues directly related to the project. 10. At the field level, the County Project Coordinating Unit (CPCU) will be appointed to officially respond to grievances raised by individuals and groups of community members. A GRM Committee made up of members of County Project Steering Committee (CPSC) and County Technical Advisory Committee (CTAC). Other members of GRM will be incorporated on ad hoc basis depending on the nature of the grievance to strengthen the objectivity of the mechanism. 11. Grievances can be presented orally or in writing in person or by using information and communication technology (telephone or email). Where presented orally, the CPCU must ensure that the grievance is documented in writing.

Figure 1: GRM Framework

Source: World Bank (2012a,2012b) 153 Page

Grievance Procedures

a) Registration - Community members can inform the PIU about concerns directly and if necessary, through third parties. Once a complaint has been received, it will be recorded in a complaints log or data system. The log will be kept in hardcopy or electronic form. All reported grievances will be categorized, assigned priority, and routed as appropriate. b) Sorting and Processing - This step determines whether a complaint is eligible for the grievance mechanism and its seriousness and complexity. The complaint will be screened however this will not involve judging the substantive merit of the complaint. The following guide will be used to determine whether a complaint is eligible or not:

Eligible complaints may include those where: • The complaint pertains to the project. • The issues raised in the complaint fall within the scope of issues the grievance mechanism is authorized to address. • The complainant has standing to file.

Ineligible complaints may include those where: • The complaint is clearly not project-related. • The nature of the issue is outside the mandate of the grievance mechanism. • The complainant has no standing to file. • Other project or organizational procedures are more appropriate to address the issue.

12. If the complaint is rejected at this stage, the complainant will be informed of the decision and the reasons for the rejection. The complainant will be given the benefit of the doubt and engaged in a conversation before a decision to reject the complaint is made as complainants often provide incomplete information. The PIU will try to truly understand the grievance before responding. All complaints whether eligible or not, will be logged for reference. 13. When evaluating and investigating complaints the parties, issues, views, and options will be clarified: • The parties involved will be fully identified; • The issues and concerns raised by the complaint will be clarified; • The views of other stakeholders, including those of project staff will be gathered; • The complaint in terms of its seriousness (high, medium, or low) will be classified.

14. Seriousness includes the potential to impact both the project and the community. Issues that will be considered include the gravity of the allegation, the potential impact on an individual’s or a group’s welfare and safety, or the public profile of the issue. A complaint’s seriousness is linked to who in the project’s management needs to know about it and whether the Project Steering Committee is advised immediately.

a) Acknowledgment and Follow Up - When a complaint is registered, the County Project Implementation/coordination Unit (CPCU) through appropriate staff will acknowledge its receipt in a correspondence that outlines the grievance process; provides contact details and, if possible, the name of the contact person who is responsible for handling the grievance. The 154

CPCU will respond acknowledging the issue within 7 working days. In responding to the Page

complaint, the CPCU may seek and hold a meeting with the aggrieved party(ies). Complainants will then receive periodic updates on the status of their grievances.

b) Evaluating, Investigating and Taking Action - This step involves gathering information about the grievance to determine its validity, and resolving the grievance. The merit of grievances will be judged objectively against clearly defined standards such as the Environmental and Social Safeguards, Vulnerable and Marginalized Groups Framework (VMGF), Resettlement Process Framework and other legal requirements and the Project Operations Manual. For grievances that are straightforward (such as queries and suggestions) these will be resolved quickly by contacting the complainant and providing an appropriate response. Grievances that cannot be resolved at the project level will be referred to the most competent authority.

15. In general, four basic approaches will be considered when evaluating what array of resolution approaches to offer. These include: • The GRM Committee proposes a solution. • The GRM Committee and the community decide together how best to address the issue. • The GRM Committee and community defer to a third party to decide. • The GRM Committee and community utilize traditional or customary practices where appropriate.

Implementing the GRM

16. The following measures will be taken to ensure that the GRM is effectively implemented. a) Build Awareness of GRM – The GRM will be presented by project staff to community members during the project inception workshop and during community consultations. Other ways to engaged community members in implementing the GRM include the following:

• Simple, visually engaging marketing materials will be developed. These will describe the process for handling people’s concerns and the benefits that can result. The materials will also inform the local communities about where to go and who to contact if they have a complaint. • Formal and informal meetings in local communities will be used as the main method for building awareness about the GRM. • Communities will be consulted about any risks or fears they have associated with using the system. Information about what else they might need to voice a complaint and participate effectively in the mechanism will be elicited and used to update the GRM.

b) Train Staff on GRM – Project staff will be educated about the GRM and its procedures. This is to ensure that staff members are able to accept complaints, or to participate in on-the-spot resolution of minor problems. The following will be considered when developing training sessions for project staff:

• Sessions will focus on why the grievance mechanism is in place, its goals, benefits, and

how it operates. • Roles and expectations of project staff (what to do if a member of the community

approaches them with a grievance, how best to respond to aggrieved stakeholders and 155 Page

the importance of listening, remaining objective, and taking stakeholder concerns seriously). • The constructive role of community dissent in project operations, by encouraging the view that complaints and opposition are a source of valuable information that can lead to improved operations, reduce risk, and develop a supportive relationship with the community. • Emphasize that there will be absolutely no reprisals and the participation of community members in the GRM does not diminish their rights or entitlements to benefits from the

project in any way. This same information will be shared with local communities.

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Appendix 11: Chance Find Procedures

1. Chance finds procedures are an integral part of the project ESMP and civil works contracts.

2. The following wording is proposed:

3. If the Contractor discovers archaeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall: - Stop the construction activities in the area of the chance find; - Delineate the discovered site or area; - Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible Kwale County representative of National Museums of Kenya and related resources in the country (responsible ministry) take over; - Notify the supervisory Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the responsible ministry immediately (within 24 hours or less); 4. Responsible local authorities and the responsible ministry would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists assigned by the government. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scientific or research, social and economic values.

5. Decisions on how to handle the finding shall be taken by the responsible authorities and the responsible ministry. This could include changes in the layout (such as when finding irremovable remains of cultural or archeological importance) conservation, preservation, restoration and salvage.

6. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities.

7. Construction work may resume only after permission is given from the responsible local authorities or the responsible ministry concerning safeguard of the heritage.

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Appendix 12: Stakeholder attendances register

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Appendix 13: Lead Agency Stakeholders Revisited over World Bank Comments

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Appendix 14: Stakeholders summary report

Additional Stakeholder Consultations on the Marine Hatchery construction plan for Shimoni Site, Kwale County, Kenya

Exhaustive stakeholder consultations were conducted during ESIA study with the aim of: 1. understanding the stakeholder’s concerns regarding various aspects of the project proposals; 2. sensitizing the stakeholders and the community and providing clear and accurate information about the project in order to obtain their concerns and views regarding direct and indirect environmental, social and economic impacts caused by the proposed project as well as preferred mitigation measures; 3. allowing the stakeholders and the community to air out their opinions about and expectations from the proposed project.

Shimoni Slave Cave(SSC) &Friends of Shimoni Forest (FSF) CBO

Main sources of livelihood in the village include:

Women engage in Formal employment, octopus fishery, small scale businesses e.g., sale of cowrie shells, coconuts, quarrying-coral chips, handicraft- mat weaving, subsistence farming while the men participate in fishing, fish trade, tourism, casual work, transportation, subsistence farming and small scale businesses. Originally, the village was inhibited by the “wakifundi” while at the moment Shimoni has become a cosmopolitan centre due to influx of emigrants.

Land tenure system:

Composed of three distict clusters to include: town settlement scheme (commenced in 2018 where allocation of 50*100 size of plots was given for settlement, squatter settlement scheme (started between 1992-1993 where 500 pieces each measuring 5ha were issued out and the leasehold settlement scheme(since 1970s although in 2013 leaseholds were issued out where land was subdivided each measuring between 4 to 5 ha).

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Presence of any cultural/heritage site in the area:

Shimoni forest is composed of the East and the West forest with 18 documented Kayas in Shimoni where 2 of the Kayas lie within the forest trail.

Group profile:

SSC was established in 2001 where every local qualifies for membership. They engage in Eco-tourism, nature trails within Shimoni forest, use their income to assist in supplementing the school’s Parent Teacher Association (PTA) sponsorship

FSF on the other hand started off as a conservation group composed of youths from Shimoni. It operated between 2004 and 2006. In 2007 they rebranded to FSF composed of 28 members of whom 8 were females. They worked closely with Global Vision International (GVI) to conduct research until 2012 when GVI closed up while FSF engaged in eco-tourism and forest conservation focusing on indigenous forest and its biodiversity. The group currently has 12 active members of whom 4 are females.

Conflict resolution

Conflict resolution is via the appointed 8 village elders under whom there are appointed chairmen and “Nyumba Kumi” initiative ambassadors who handle all cases concerning land tenure, domestic issues among others within the village. Conflicts that exist within the village include resource use conflicts for instance, loss of access routes to some hotspots within the Shimoni Forest where land has been privatized.

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Figure 2: Discussions with (a) Friends of Shimoni Forest and (b) Shimoni Slave Cave CBO

Perceived impacts of the proposed project

Unlike the FSF group that was not aware, SSC group was aware about the proposed marine hatchery and were of the idea that it will open up Shimoni, create employment, aid in knowledge transfer, increase livelihood options through adoption of mariculture, increase tourism as well as contribute towards CSR in terms of development of the school and the health facilities.

However, the FSF group stated that the construction of the marine hatchery is seen as a good idea for the community given that the perceived benefits outweigh the negatives that can be mitigated through continued stakeholder consultations and engagement. The groups sited direct benefits that they derive from the nearby coastal waters, this include: employment to different players in the fisheries sector( fishers, mongers, boat builders among others), touristic attraction, port/harbor, entertainment, scenic view and provision of mangrove poles.

SSC stated that the marine hatchery will not affect any of their activities and believe that it will bring some benefits to them as it will aid in their group starting up aquarium and other value addition activities within the slave cave to increase touristic attraction. FSF also acknowledged that the hatchery would create employment opportunities, bring knowledge transfer, increase investment in fish farming, and reduce fishing pressure, increase fish production which will lead to improved livelihoods, open up Shimoni to other

investors and expose people to new techniques in mariculture.

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However, SSC group raised some concern in regard the perceived negative effects such as loss of tree cover during the construction phase and the need to consult an expert on rehabilitation of the area affected, cultural changes which will require people to be sensitized on Shimoni culture and possible influx of theft cases requiring increased security efforts through community policing. The group also stated that this establishment would lead to an influx of formal employment within the centre that would lead to escalation of lifestyle and price of commodities. Likelihood of employment being skewed to outsiders while disregarding the locals hence there is need to train the youth for the uptake of available slots within the Marine Hatchery.

Additionally, the FSF group was also concerned by tree cover and biodiversity loss where they stated that more trees should be planted as a compensation plan since Colombus monkeys will be displaced and need an alternative.

SSC group believes that the Marine Hatchery offers solution for sustainability of its design since it is unique in the East Africa and that it lays emphasis on the blue economy while also getting assured support from the community. The group assured that they will support the initiative by providing labour and ensuring that the community supports it while also providing community policing. However, the FSF group believe that sustainability will highly depend on the design in implementation of the initiative. They also promised to support the initiative and mobilize people in investing in the uptake of the new knowledge.

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Stakeholders’ Concerns, Comments and Recommendations

Stakeholder Comments Concern Measures/ Recommendation

Shimoni sub- Construction of the hatchery will help • Noise and dust pollution during construction • Use of latest building technologies to reduce location sub- reduce fishing pressure as sea catches on pollution i.e. building a barrier round the chief have greatly reduced over time construction site

Promote fish farming in the area and • Increase in number of accidents due to • Put traffic signs (speed limit signs) on the locals will start doing fish farming increase in heavy vehicles in the area (Traffic) road and erect bumps on the road to help reduce vehicle/motorbike speed It will boost business in the area • Culture erosion when people from outside come to settle in Shimoni • Moral education and sanitization on cultural The hatchery will bring employment and matters i.e. decent wearing within the KMFRI should consider employing young village people in Shimoni Ecosystem The project is very welcome as it will • The initiative is meant to boost the local • Conduct a thorough EIA. Conservator- have immense contribution to the local economy but should observe environmental Kenya Forest communities and the national economy and social safeguards. Service(KFS) through promotion of the fisheries • Work closely with KWS to aid in relocation sector. • Displacement of biodiversity plan for the animals to either KWS land or Draft management plans for the area are Shimba hills. being developed to enhance co- • Tree destruction during construction • Support programs for putting up nurseries management of the forests. for indigenous trees. These are very scarce in the area. • Increased urbanization will lead to • Support afforestation program in: deforestation due to the increased demand • Marenje for fuelwood. Possible decline in indigenous • Buda complex

tree cover and the mangroves. • Tsombo

• Initiate mangrove conservation and rehabilitation in :

• Mwazaro 164

• Kibuyuni Page

Stakeholders’ Concerns, Comments and Recommendations

Stakeholder Comments Concern Measures/ Recommendation

• Wasini Island-support the women boardwalk to boost ecotourism. County This project is long overdue and should • The proposed hatchery should not retain a • Should acquire a commercially-oriented Fisheries have been undertaken long ago: research-oriented approach. outlook by adopting an expansionist Director(CFD) Planning for a project - such as this EIA perspective: this would serve as an exit survey being conducted is very strategy for the initial research-purposed important. Unfortunately we find many Hatchery. plans in Kenya being formulated after a • The government must play its role in development is already underway. supporting both value addition and • Most aquaculture is practiced in the inter-tidal marketing strategies in all mariculture The proposed hatchery will help develop zones which are the jurisdiction of the Kenya ventures. mariculture in the whole area. Forest Service (KFS): KFS’s regulations are very • Need to engage KFS in this activity, the rigid and may need to be re-assessed. same to all other stakeholders. Species development or improvement • It would be necessary to have a (better fish seed for aquaculture) • Sustainability plans for the initiative. demonstration farm for locals to learn from hence building local capacity using practical Community capacity building on fish examples. farming • KMFRI needs to set up Demonstration farms (Grow-out ponds) which would serve Having a hatchery will enable locals to as attachment sites for aquaculturists – to have ‘catch ready’ fish in their own provide them with practical help in ponds. developing market-size fingerlings. • Once the Hatchery is functional it needs to There will be a multiplier effect on the be recorded and operated as a mitigation economy i.e. improved incomes in the measure through which sea water is piped community from increased businesses in into the Hatchery, and the ‘polluted’ water the area • Possible pollution of the ocean. is then piped back into the sea. • Consideration should also be given to the culture marine species i.e. seaweed and 165

corals transplant Page

Stakeholders’ Concerns, Comments and Recommendations

Stakeholder Comments Concern Measures/ Recommendation

• Species to be development or improvement (better fish seed for aquaculture) KWS Warden The initiative will bring socio-economic • Competition that will bring about conflict of • Benefits of the project should be shared by development in the area interest-people will start construction of locals through employment opportunities. hatcheries when they see this hatchery is • Work closely with KWS to aid in relocation Community will get knowledge on fishing working . plan, need to engage all the relevant farming increasing fish production in the stakeholders in the process. area • Displacement of biodiversity • Involvement of the community in all stages of the project Employment opportunities • KMFRI should ensure that they get the • Bad politics will come up if some people in support of the locals if they wanted the Increased business opportunities the community are not involved are left out hatchery venture to succeed. • Tree planting after completion of the The hatchery would encourage the • Some leaders will want to know that is their project development of fish farms, which in turn stake in the project. • During the launch and implementation of would mean increased local incomes the project KMFRI should ensure they recruite locals to be involved in the project By empowering communities to emulate • Trees destruction during construction to ensure both its successful launching and the hatchery and start commercial fish subsequent sustainability farms of their own KMFRI would allow • Sustainability of the initiative. for development at scale in Shimoni.

It will reduce pressure on marine fisheries

People will also be trained to use safe fishing gears

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Stakeholders’ Concerns, Comments and Recommendations

Stakeholder Comments Concern Measures/ Recommendation

If the development aligned itself with the socio-economic status of the locals it should not have a problem succeeding

National This was a good idea which we all fully • It would be important to sensitize the • All stakeholders (especially the local Museums of support as it would positively impact community about the hatchery and how it community) should be involved in the Kenya (NMK) income generation among the locals in would indeed benefit them. hatchery project as early as possible in Curatorial Shimoni. order to understand the project better, but Assistant also to allow for the project’s long-term Local fishermen would benefit from success (sustainability). knowledge on culturing and marketing • It would be necesssary to consider the land fish question in Shimoni, more specifically with • Engage surveyors The hatchery would hopefully mark the respect to those living in close proximity to the start of alternative livelihoods in the site intended for the hatchery. village • How was KMFRI planning to convince local • Sensitization about the marine hatchery fishermen to switch from fishing in the sea to initiative is critical culturing fish in ponds?

BMU chair Capacity building for locals • Land tenure issues within the area. • Solve any land issues that may rise with immediate effect Reduced fishing pressure • The loss in traditional fishing knowledge if • Advocate for putting up of a fisheries Reduce in poverty levels people concentrate fish farming museum that will store and show traditional fishing methods for Alternative source of livelihood generations to come • Danger associated with introduction of new Employment opportunities for locals fish species in the environment 167

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Stakeholders’ Concerns, Comments and Recommendations

Stakeholder Comments Concern Measures/ Recommendation

Capacity building on fish farming for the • Training on hatchery and its impact community together with the newly introduced species The project will market Shimoni village increasing collaborations and exchange programmes in the area

Good foundation in fishing industry

Chair-lady The community will start engaging in Chair-lady Kibuyuni Self-Help Group The community will start engaging in Kibuyuni Self- mariculture increasing their income and mariculture increasing their income and Help Group promoting food security which will lead promoting food security which will lead to to poverty reduction and lifestyle poverty reduction and lifestyle change. change.

Primary The supply of fingerlings will generate The community need adequate sensitization School head income for KMFRI and community on the project and about KMFRI teacher members who would have been trained

When the community is involved in the project, they will benefit from employment

Readily available knowledge on marine and fish hatchery for pupils in school

who will be visiting KMFRI Shimoni station

More KMFRI collaborations in the area 168

will bring more development Page

Stakeholders’ Concerns, Comments and Recommendations

Stakeholder Comments Concern Measures/ Recommendation

Hospital head The hatchery will market shimon village People coming to the community with money Should advocate for voluntary training and nurse luring women and spreading HIV/AIDs testing on HIV/AIDs and those who are The hospital should be included as it will positive should be advised to start treatment provide medical services to the Contamination of the environment with waste employees and locals water from hatchery Put up treatment plant for waste water before release in the environment Employment opportunities for locals

Boost business in the area

KMFRI will also provide CSR to the community i.e. medical camps, income generating activities

FOCUS GROUP DISCUSSIONS

BMU group The project was very welcome • Locals need to be involved in and benefit from • The community needs to be sensitized as to The community needs to be sensitized as the project – has KMFRI thought this through? what the hatchery is all about and how it can to what the hatchery is all about and It is important the locals are informed of benefit them; capacity building relating to how it can benefit them; capacity KMFRI’s intention in setting up the Hatchery – the hatchery must be provided to locals building relating to the hatchery must be will the fish be for: Food? Sale? Cultural (especially fishermen). provided to locals (especially fishermen) purposes? Is there a ready market for the Many locals need some form of fingerlings to be produced? education on how to manage their assets – case in point: many locals have sold • Most of the young fishermen have no skill: • Capacity building for the youth in the area is the land they were allocated and are such capacity building can enable fishermen essential. now still expecting to be allocated more eventually start their own small business. land 169

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Stakeholders’ Concerns, Comments and Recommendations

Stakeholder Comments Concern Measures/ Recommendation

• Employment opportunities should be offered • Locals need to be offered employment by KMFRI to locals opportunities during the construction of the hatchery and thereafter (as support staff)

Local The initiative is in line with Kenya’s • The group members felt that it was community development agenda as contained in the • Not all members of the local community are necessary for KMFRI to sensitize the local Vision 2030, and that it would create job aware of the upcoming marine hatchery. community on the need and importance of opportunities for locals in Shimoni. the hatchery, as well as on the social and economic opportunities the project would The hatchery, it was observed, would offer the residents of Shimoni have a positive economic impact on • Knowledge in new techniques in mariculture is Shimoni and was therefore a welcome lacking. • Need for KMFRI to intensify its research and project provide them with new and improved techniques to empower them to undertake Supported the project which they various form of Mariculture. indicated would create awareness amongst residents, would initiate economic change in Shimoni by offering an alternative livelihood to residents

The hatchery would provide a great deal of opportunity for research, as well as the education of the public on how to improve their catch: this would go a long way in empowering locals to engage in a

new livelihood

Shimoni Slave The initiative will open up Shimoni, Loss of tree cover during the construction phase Need to consult an expert on rehabilitation of cave CBO create employment, aid in knowledge the area affected. 170

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Stakeholders’ Concerns, Comments and Recommendations

Stakeholder Comments Concern Measures/ Recommendation

through adoption of mariculture, Cultural changes Sensitization of people about the culture of increase tourism as well as contribute the local community. towards CSR in terms of development of Possible influx of theft cases. the school and the health facilities. Require increased security efforts through The establishment would lead to an influx of community policing. Believe that it will bring some benefits to formal employment within the centre that them as it will aid in their group starting would lead to escalation of lifestyle and price of There is need to train the youth for the uptake up aquarium and other value addition commodities. of available slots within the Marine Hatchery. activities within the slave cave to increase touristic attraction. Likelihood of employment being skewed to Fair share of employment opportunities. outsiders while disregarding the locals. Friends of Construction of the marine hatchery is • Tree cover and biodiversity loss • More trees should be planted as a Shimoni seen as a good idea for the community compensation plan since Colombus Forest given that the perceived benefits monkeys will be displaced and need an outweigh the negatives that can be alternative plan/relocation?. mitigated through continued • Possibility of (noise, air, water) pollution if stakeholder consultations and the project operation will not be properly • Buffers should be put and necessary engagement. managed. solutions put to mitigate against any form of pollution. Acknowledged that the hatchery would • Not all people are aware of the marine create employment opportunities, bring hatchery • KMFRI should sensitize the local knowledge transfer, increase investment community on the need and importance of in fish farming, reduce fishing pressure, the hatchery, increase fish production which will lead to improved livelihoods, open up

Shimoni to other investors and expose people to new techniques in

mariculture.

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Appendix 15: Stakeholders’ engagement process – photographic evidences

Part of Friends of Shimoni Forest during the engagement process

A grab from under the caves during inspection tour (Left: with Senior warden from KWS and curator from NMK; and Right: view from inside one of the caves which is anticipated might collapse with heavy materials delivery traffic also showing some cracks)

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Appendix 16: NEMA License approval and conditionality’s

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______EIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected]

KMFRI Marine Hatchery and Laboratories at Shimoni - EIA Project Report –Dec 2018

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______EIA Consulting firm: Blue – Green Aqualife Consulting, P.O. Box 95579-80106, Mombasa. Tel: 0722881802; Email: [email protected]