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Fisheries Governance Reform in Sierra Leone: Law, Policy and Institutional Arrangements

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Fisheries Governance Reform in Sierra Leone: Law, Policy and Institutional Arrangements Fisheries Governance Reform in Sierra Leone: Law, Policy and Institutional Arrangements Sheku Sei The United Nations-Nippon Foundation Fellowship Programme 2010 - 2011 DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA OFFICE OF LEGAL AFFAIRS, THE UNITED NATIONS NEW YORK, 2011 DISCLAIMER The views expressed herein are those of the author and do not necessarily reflect the views of the Government of Sierra Leone, the United Nations, the Nippon Foundation of Japan, or the National University of Ireland. © 2011 Sheku Sei. All rights reserved. Author’s email : [email protected] Suggested citation : Sei, Sheku (2011) Fisheries Governance Reform in Sierra Leone: Law, Policy and Institutional Arrangements. Research Paper, United Nations-Nippon Foundation Fellowship Programme, p…. 2 Abstract Good governance of fisheries in Sierra Leone can contribute significantly towards the millennium development goals of reducing extreme poverty and ensuring environmental sustainability. Sierra Leone ratified the 1982 UN Law of the Sea Convention in December 1994 and established a number of maritime zones pursuant to the Maritime Zone Establishment Decree 1996. The contribution of fisheries to the country’s national gross domestic product (GDP) is put around 10 %. However, the eleven year civil war reduced fisheries investments, impacting negatively on the sector GDP, with 8.4% reported in 2007. This research aims to review the legal and policy framework governing fisheries management in Sierra Leone and to examine the governing attributes in order to suggest improved reform. After critical review, a multi-criteria Decision Making (MCDM) technique and Environmental Performance Index were used to evaluate the status of current fisheries reform measures and to invoke the impact of fisheries on environmental sustainability. The study shows that Sierra Leone is a party to a number of important international fisheries management agreements and the current implementation of fisheries laws and policy is promising, but presents a number of challenges. Sierra Leone’s environmental performance index for 2010 is low (32.1%). It is therefore good that fisheries management and conservation has embraced an ecosystem approach to fisheries (EAF) including establishment of marine protected areas (MPAs) and the enforcement of regulations. However, the recent by-catch regulation and fish trade regulation for catch origin were faced with stiff resistance from fishing companies and ranked lowest on the user perception survey. Innovatively, a joint maritime committee has been formed and ranks very high with a score of about 90% on the decision scale to combat IUU fishing. One key improvement is that Sierra Leone has moved to stop the operation of flag of convenience (FOC) for fishing vessels because most of these vessels have been involved in IUU fishing. Additionally, territorial use rights in fisheries (TURFs), the access to EU markets, fisheries partnership agreements (FPA) and the setting up of a fisheries authority are major objectives for the future. This study recommends that Sierra Leone becomes a party to the 1995 UN fish stocks agreement and the FAO compliance agreement with a view to improving the current arrangements for the management of high seas fisheries such as tuna. The enforcement of fisheries reform should however be guided against politics and corruption in order to ensure a sustainable fisheries in Sierra Leone. Key Words: laws, policy, flags of convenience, millennium development goals, governance reform, sustainable fisheries 3 Thesis Supervisors Dr. Ronan Long, Dr. François N. Bailet, Programme Advisor, Research Director, Division for Ocean Affairs and the Law of the Marine Law and Ocean Policy Sea, Office of Legal Affairs, Centre The United Nations School of Law, New York, National University of Ireland, Galway USA 4 Abbreviations and Acronyms Used ACC Anti-Corruption Commission ACP African, Caribbean and Pacific Group of States ADB African Development Bank AEHMS Aquatic Ecosystem Health and Management Society AFRC Armed Forces Revolutionary Council APC All People's Congress AHP Analytical Hierarchy Process AoA Assessment of Assessments AML African Minerals Limited ATLAFCO Convention on Fisheries Cooperation among African States Bordering The Atlantic Ocean Art. Article AMLEP African Maritime Law Enforcement Partnership BADEA Arab Bank of Africa and Development BBC British Broadcasting Cooperation CBD Convention on Biological Diversity CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora CMS Convention on the Conservation of Migratory Species of Wild Animals CFP Common Fisheries Policy CC Canary Current CLCS United Nations Commission on the Limits of the Continental Shelf CDF Civil Defence Force CECAF Committee for the Eastern Central Atlantic Fisheries COMHAFAT Fisheries Cooperation among African States bordering the Atlantic Ocean CPUE Catch per Unit Effort CBD Convention on Biodiversity CA Competent Authority CSSL Conservation Society of Sierra Leone CFP EU Common Fisheries Policy CIESN Centre for International Earth Science Information Network, Columbia University CPR Common Pool Resources COP Conference of Parties 5 DGSANCO Health and Consumers Directorate General of the EC DGMARE Directorate General of Maritime Affairs and Fisheries of the EC DfID Department for International Development DWF Distant Water Fleets EC European Community ECC Equatorial Counter Current ECOMOG Economic Community of West African States Monitoring Group ECOWAS Economic Community of West African States EDF European Development Fund EEZ Exclusive Economic Zone EPA Environment Protection Act EU European Union EUR Euro EEZ Exclusive Economic Zone EC European Community EEZ Exclusive Economic Zone ECAF European Conservation Agriculture Federation EPA Economic Partnership Agreement between the EU and an ACP State EAF Ecosystem Approach to Fisheries ER Evidential Reasoning EIA Environmental Impact Assessment EIS Environmental Impact Statement EPI Environmental Performance Index FAO Food and Agricultural Organization of the United Nations FOB Forward Operational Base FPA Fisheries Partnership Agreement FOC Flag of Convenience FAO-TCP FAO Technical Cooperation Project FDI Fishery Dependent information FVO Food and Veterinary Office of the EC GoSL Government of Sierra Leone GESAMP Group of Experts on the Scientific Aspects of Marine Pollution GST Goods and Services Tax GCLME Guinea Current Large Marine Ecosystem 6 GRT Gross Registered Tonnage GEF Global Environment Facility GDP Gross domestic product GEF Global Environment Facility HDR Human Development Report HDI Human Development Index ICCAT International Commission for the Conservation of Atlantic Tunas ICES International Council for the Exploration of the Sea ICC International Criminal Court IMO International Maritime Organisation of the United Nations IMR Institute of Marine Research, Norway IGCC Interim Guinea Current Commission IEZ Inshore Exclusion Zone IMBO Institute for Marine Biology and Oceanography IMF International Monetary Fund ISFM Institutional Support for Fisheries Management Project IUCN International Union for the Conservation of Nature and Natural Resources IUU Illegal, Unrecorded and Unregulated IDS Intelligent Decision System IOC Intergovernmental Oceanographic Commission of UNESCO ILO International Labour Organisation IMBO Institute of Marine Biology and Oceanography IOTC Indian Ocean Tuna Commission IEZ Inshore Exclusion Zone Ibid. Ibidem- in the same place IMO International Maritime Organisation of the United Nations IAEA International Atomic E for International energy Agency JICA Japan International Cooperation Agency JMC Joint Maritime Authority JSDP Justice Sector Development Programme in Sierra Leone JMC Joint Maritime Committee of Sierra Leone LOSC 1982 United Nations Convention on the Law of the Sea LGA Local Government Act of Sierra Leone LOA Length Overall 7 LME Large Marine Ecosystem MCDM Multi-Criteria Decision making MPA Marine Protected Area MARPOL International Convention for the Prevention of Pollution from Ships MSY Maximum Sustainable Yield MCS Monitoring Control and Surveillance MDGs United Nations Millennium Development Goals MFMR Ministry of Fisheries and Marine Resources, Sierra Leone MoHS Ministry of Health and Sanitation MOU Memorandum of Understanding MSY Maximum Sustainable Yield MRU Mano River Union MARPOL Marine Pollution Convention MCS Monitoring, Control & Surveillance (of fisheries) NOAA National Oceanic Atmospheric Administration, USA NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NMFS National Marine Fisheries Service NEPAD New Partnership for Africa’s Development NGOs Non-Governmental Organisations NRA National Revenue Authority NGO Non Governmental Organisation NUIG National University of Ireland, Galway NPRC National Provisional Ruling Council NORAD Norwegian Agency for Development Cooperation OIC The Organisation of Islamic Conference OAF Open Access Fisheries ONS Office of National Security POC Port of Convenience RMFO Regional Fisheries Management Organisation RUF Revolutionary United Front RU-MAST European Union Marine Science and Technology SRFC/CSRP Sub Regional Fisheries Commission (CSRP) SL-PRSP Sierra Leone Poverty Reduction Strategy Paper 8 SFP Strengthening Fisheries Products Health Conditions in ACP/OCT Countries SLAAFU Sierra Leone Amalgamated Artisanal Fishermen’s Union SLAAFU Sierra Leone Amalgamate Artisanal Fishermen Union SLPA Sierra Leone Ports Authority SCTW-F
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