Towards Developing Governance Strategies for a Sustainable Management of the Fisheries Sector in Madagascar, Through the Implementation of a Marine Gelose
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TOWARDS DEVELOPING GOVERNANCE STRATEGIES FOR A SUSTAINABLE MANAGEMENT OF THE FISHERIES SECTOR IN MADAGASCAR, THROUGH THE IMPLEMENTATION OF A MARINE GELOSE Riambatosoa Rakotondrazafy Andriamampandry The United Nations-Nippon Foundation Fellowship Programme 2014 -2015 DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA OFFICE OF LEGAL AFFAIRS, THE UNITED NATIONS DISCLAIMER The views expressed herein are those of the author and do not necessarily reflect the views of the Government of Madagascar, the United Nations, the Nippon Foundation of Japan, or the University of British Columbia of Vancouver, Canada. Commented [VG1]: Ivf you want to include it, the copy rights should be © United Nations Copyright Statement i This copy of the research paper has been supplied on condition that anyone who consults it is understood to recognize that its copyright rests with the United Nations and that no quotation, diagrams and information derived from it may be published without accurate citation. Contact information for the author: Riambatosoa A. Rakotondrazafy Email: [email protected] Suggested citation: Rakotondrazafy Andriamampandry, Riambatosoa, Towards developing governance strategies for a sustainable management of the fisheries sector in Madagascar, through the implementation of a marine Gelose. Research paper, United Nations – Nippon Foundation fellowship, 2014. ii ABSTRACT The governance of the Fisheries sector in Madagascar is acknowledged to be weak, leading to an unsustainable use and degradation of its marine resources. This study serves as a possible solution to address the aforementioned issues, thus providing options to improve the Fisheries Governance. The political instability that prevails in Madagascar since 2009 has had deplorable effects on the Malagasy fisheries governance, resulting in the withdrawal and/or the delay of several efforts and strategies that have been implemented for the sector. Subsequently, the Ministry of Aquatic Resources and Fisheries (MRHP) lacks human, technical, and financial resources. The outdated and overlapping legal framework regulating the sector, added to weak enforcement, serves to further exacerbate the ineffective management of the fisheries sector. Moreover, there are no official documents that either stipulate or elucidate the government’s fisheries sector policy. The present study evaluates the various efforts that have been undertaken by Madagascar, and suggests ways to support and strengthen them, inclusive of increased monitoring and control of the sector, corruption within fishing license issuance, the lack of research and data, and the weak enforcement of the law. Furthermore, it argues that it is necessary to implement supporting legal frameworks that devolve the exclusive management rights of resources to the coastal communities. The study proposes the application of the Gelose Framework, that has until now been implemented for terrestrial areas, and assesses the feasibility of implementing this framework for the marine area as well. The feasibility analysis containes a critical analysis of the terrestrial Gelose, as well as an evaluation of the law itself. An assessment of the obstacles hindering the implementation of a marine Gelose, and the advantages of applying said framework has also been undertaken. Furthermore, the steps and processes for implementing a marine Gelose are provided, inclusive of the creation of an applicatory decree of the law for the marine area. Finally, the study recommends the resources that should be transferred to the local communities, as well as the fishing zones and fisheries sector that should be concerned with the Gelose Framework. Key words: fisheries governance, fisheries management, fisheries issues, MRHP, NGOs legal framework, ordinance n° 93-022, Gelose, LMMAs, local communities, Dina. SUPERVISORS: iii Dr Yoshitaka Ota Co-Director Nippon Foundation - UBC Nereus Program University of British Columbia – Fisheries Center Vancouver Canada Ms Valentina Germani Legal Officer, Programme Advisor Division for Ocean Affairs and the Law of the Sea -DOALOS Office of Legal Affairs of the United Nations New York, United States of America iv ACRONYMS AMPA : Malagasy Fisheries and Aquaculture Agency APMF : Port, Maritime and Waterways Agency ASCLME : Agulhas and Somali Current Large Marine Ecosystems Project ASH : Marine Sanitary Authority BRD : Bycatch Reducing Device BV : Blue Ventures CI : Conservation International CCNGP : National Consultation Platform for the Management of Fisheries and Aquaculture CCRF : Code of Conduct for Responsible Fisheries CirRHP : District Level Service for Aquatic Resources and Fisheries CN-GIZC : National committee on Integrated coastal zone management CNRO : National Centre for Oceanographic Research COBA : Community Based Organizations CR-GIZC : Regional Comittees on Integrated coastal zone management CSP : Fisheries Surveillance Center DGPDD : Direction General of Partnership and Sustainable Development DGRHP : Direction-General of Aquatic Resources and Fisheries DIRAQUA : Direction of Aquaculture DOALOS : Division for Ocean Affairs and the Law of the Sea DRRHP : Regional Directions of Aquatic Resources and Fisheries EEZ : Exclusive economic zone FAO : Food and Agriculture Organization FAOCA : FAO Compliance Agreement GAPCM : Malagasy Shrimp Aquaculture and Fisheries Group GCF : Joint Forest Management GCM : Joint Marine Management GDP : Gross Domestic Product GIZC : Integrated Coastal Zone Management GELOSE : Secured local management v GEXPROMER : Group of collectors and exporters of seafood GIZC / ICZM : Integrated Coastal Zone Management IHSM : Institute of Fishery and Marine Sciences INSTAT : National Institute for Madagascar’s statistic IOC : Indian Ocean Commission IOFC : Indian Ocean Fishery Commission IOTC : Indian Ocean Tuna Commission LMMA : Locally Managed Marine Area MCS : Monitoring, Control, and Surveillance MEEMF : Ministry of Environment, Ecology, Sea, and Forests MIHARI : MItantana HArena An-dRanomasina avy eny Ifotony MPA : Marine Protected Area MRHP : Ministry of Aquatic Resources and Fisheries NEAP : National Environmental Action Plan NGO : Non-governmental organization OEFC : Shrimp Economic Observatory ONE : National Environmental Office PAN-INN : National action plan against Illegal, Unreported, and Unregulated fishing PANGIZC : Integrated Coastal Zone Management National Action Plan PE : Environmental Program PNRC : National Program for shrimp researches Ssat : Statistical service SecRHP : Commune Level Services for Aquatic Resources and Fisheries SFR : Land tenure securization SLC : Legal service SSE : Monitoring and Evaluation Service TED : Turtle Excluder Device UNCLOS : United Nations Convention on the Law of the Sea UNFSA : The United Nations Agreement for the Implementation of the Provisions of the 1982 Law of the Sea Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks USAID : United States Agency for International Development vi USTA : Statistics Unit of the Antsiranana Tuna Processing Plant IUU : Illegal, Unreported, and Unregulated WIO : Western Indian Ocean WCS : Wildlife Conservation Society WWF : World Wide Fund for Nature UNCLOS : United Nations Convention on the Law of the Sea USAID : United States Agency for International Development vii ACKNOWLEDGEMENTS Glory be to God, without whom I would not have been able to accomplish this study. I would like to express my deepest gratitude to the Nippon Foundation of Japan and the United Nations through the Division for Ocean Affairs and the Law of the Sea – DOALOS, for awarding me this extraordinary fellowship and making me part of the UN- Nippon fellows family. My tenure at DOALOS would have not been successful without the help and support of the staff, particularly Ms Valentina Germani, Ms Simone Dempsey, Dr Francois Bailet, and Mr Michele Ameri. I am also grateful to the University of British Columbia through the Fisheries Centre for hosting me for six months and providing me an office in which to work. My special gratitude to my supervisor, Dr. Yoshitaka Ota, for his guidance, caring, and patience, and especially for encouraging me to broaden my critical perspective in order to make a difference in the development of Madagascar’s fisheries sector. I would like to thank also the Fisheries Centre’s staff and students for their warm hospitality, particularly Dr. Deng Palomares, Dr Daniel Pauly, and Dr William Cheung. I would like to extend my appreciation for the people in Madagascar who agreed to be interviewed for this study, despite the distance and the time zone differences, and provided me with the information and documents that I needed to accomplish my research. Among these people are staffs from the Ministry of Aquatic Resources and Fisheries, the Ministry of Environment, Ecology, sea, and Forests, CN-GIZC, WWF, Blue Ventures, WCS, and Conservation International. To my fellowship brothers and sisters, I enjoyed the time spent with you in New York and Tokyo. You will always be in my heart, Francis, Jean Claude, Chanju, Zakieh, Zaidy, Mariana, Mubarack, Gonzalo, Sam, and Mariam. Special mention goes out to my friends for their valuable help: Kimberlee, Vincent, Loureen, Andrea, Harshita, Jean Edmond, and Nicole. Finally, to all my family and friends in Madagascar who always supported me through those 9 months. Thank you! viii TABLE OF CONTENTS ABSTRACT ................................................................................................................