4.2 Development of a legal framework for resource management

A legal framework for fisheries resource management implies that management regulations, such as fishing limit efforts implemented by fisheries resource management organisations with the support of administrations, are enforceable in the form of laws, orders, or decrees or that the legal basis (control authority) for the monitoring and control activities of the resource management organisations based on a resource management plan is established. Without such a legal framework, there is always the possibility that the effort limits set in the resource management plan are just an empty promise and that the monitoring and control activities of the resource management organisations will provoke a negative reaction from fishermen, making it difficult to control the situation.

This section describes the identification of the current state of a legal framework and its problems and how to address possible shortcomings.

Identify the status and challenges of the legal framework for fishery resource management.

It is important to understand the legal framework and supporting policies for fisheries resource management (e.g. fisheries law, resource management law, fisheries licencing system, trends in resource management, and fisheries development policy letters) and summarise the current situation and challenges. As the marine protected areas (MPAs) mentioned in Chapter 3 are under the jurisdiction of the Ministry of the Environment in Senegal, the relevant policies of the other ministries involved, in addition to the administrations related to this topic, such as the Ministry of Fisheries and Maritime Economy, should be discussed. The extent to which the legal framework and policies supporting resource management contribute to the promotion of fisheries resource management activities in different regions should also be ascertained, both positively and negatively, using data from fisheries stakeholders as much as possible.

8. Legal framework in the field of resource management in Senegal

In 1998, the Senegalese government enacted the Fisheries Law (No. 98-32) and began work on changing the nature of the fishing industry. The government has forced on overcapacity as the cause of Senegal's fisheries management difficulties, and preparations have been made to introduce a system of fishing concessions as a measure to reduce this overcapacity. On the advice of France and under the coordination of the Ministry of Fisheries and Maritime Economy, an attempt to reduce fishing effort has been made by limiting the number of fishing permits at the pilot sites of Kayar, Sindia, Joal, and Foundiougne.

This attempt led to numerous problems, and the system was not introduced. In addition to the lack of accurate data on stock levels and number of vessels on which to base fishing efforts, the fishermen were very reluctant to reduce the number of vessels. The fishermen pleaded with local politicians to put pressure on the administration to allow the registration of new boats. As a result, limiting the number of fishing boats became ineffective, and even the registration system did not work well. Subsequently, in 2006, the Senegalese government introduced a new registration system for fishing boats to reduce fishing, launched a licensing system for artisanal fishing boats, and prohibited the registration of new boats after August 2012.

The Senegalese government implemented a Maritime Fishing Code in July 2015 and its implementing regulations in November 2016, which regulated the fisheries resource management measures in the artisanal fishing sector. Enforcement of these fisheries regulations is the responsibility of the Fisheries Control and Surveillance Stations and departmental and regional Fisheries Directorates; however, there are limits to the number of Fisheries Directorate personnel who can enforce these regulations.

With the support of FAO, the World Bank, USAID, JICA, and other agencies, the Government of Senegal prepared the Letter of Sectorial Policy of Development of Fishing and Aquaculture (LPSDPA 2016–2023), which was signed on 23 August 2016. The text of the Policy Letter consists of six chapters. Section 4.2 in Chapter 3 defines sustainable management of fisheries resources and resource restoration as objectives and mentions the promotion of co-management.

Case studies (case 4-2)

Identify the challenges related to the legal framework of fishery resource management systems.

The current situation and challenges related to the legal framework and institutions concerning the resource management system (organisational structure and roles of each section), budget system, and financing system should be identified[1].

35. Legal framework on co-management in The Gambia

The Gambia's fisheries resource co-management is based on the Fisheries Policy of 2006, the Fisheries Act of 2007, and the Fisheries Regulations of 2008. The Fisheries Act of 2007 grants the Ministry of Fisheries the authority to declare special management areas for community-based fisheries management. The Fisheries Act of 2007 also permits the Ministry of Fisheries to delegate the fisheries management authority to fishermen's organizations in charge of a special management area.

An example of the above is the designation of special management areas for sole and oyster resources, where exclusive use rights and responsibility and authority for resource management are transferred to fishermen’s organizations.

Case studies (cases 4-3)

Draft a plan to introduce supportive institutions or policies to address the challenges.

This step compiles a list of introduced institutions or supporting policies that can address the identified challenges in the legal framework and resource management policies and examine their content, utilisation, legal limitations, and potential for institutional development. A master plan for new institutions and supporting policies will be developed, and the procedures, required documents, and timetables for their development and implementation will be confirmed. It is crucial to work with members of resource management organisations, fisheries stakeholders, and women’s groups to develop plans for the introduction of supporting institutions or policies.

Implement legal approval procedures to introduce supporting institutions or policies.

While coordinating advice with relevant ministries and agencies, the prepared draft will be elaborated so that it is ready for deliberation by the National Assembly. The procedures to formally approve formulated resource management policies and institutions proceed through laws, ordinances, or departmental orders. Prior to promulgation and implementation, resource management organisations will discuss specific procedures with fishery stakeholders.

36. Central government intervention in local resource management activities

In 2012, while the extended management of the octopus resource was underway in the department of Mbour in Senegal, the closed season was postponed by a group of fish traders who wanted to prioritise their commercial activities. Concerned with this situation, the central government intervened in the fisheries resource management activities of the department of Mbour. The Ministry of Fisheries and Maritime Economy issued a circular stating that: (1) the closed season for octopus fishing runs from 1 October to 30 November 2012, (2) the Directorate of Fisheries (DPM) specifies in an order that the production, distribution, and trade of octopus are suspended during this period, and (3) a committee is set up to control fishing vessels that do not respect the closed season. Thus, the closed season for octopus fishing was implemented in the department of Mbour.

Case studies (case 4-4)

9. Authority given to resource management rules

・There are several stages in the authorization of resource management rules.

・The first step is to establish a set of rules at the community level. The rules are agreed upon by the producers (inhabitants) who share the same fishing grounds or fish the same resources in a village, to guarantee food security, stabilise high selling prices, and restore resources. These rules are developed in consultation with the village administrative leaders and traditional authorities (e.g. elder groups) into community rules. The common law, which has been followed for the past several generations, is one of the community rules backed by the traditional authority of the village. However, even if rules are set at the community level, there will always be situations where some people do not respect the rules. In recent years, in particular, many young people tend to ignore traditional customary laws.

The second step is to ensure effective resource management by reaching out to local governments and having the community and governments work together to manage community rules and their penalties, and in some cases to turn them into laws or bylaws.

In the third stage, national administrations and research bodies work together to add more appropriate elements to the rules based on scientific knowledge, to turn them into by-laws or laws, and to develop sanctions in line with other legal norms in the country, in order to achieve fairer and stricter resource management.

Generally, as the steps above progress, the rules become more and more strict, and many feel blocked among community members. Therefore, it is advisable for community leaders and members to consult sufficiently with the relevant administration and discuss the development of rules and sanctions thoroughly to reach a consensus among community members. To increase the understanding and motivation of the inhabitants, organising training on resource management and fisheries capacity building is also effective.

1. For more information on the CLPA, the main resource management organization in Senegal, please refer to Useful knowledge 3 and Case Studies (Case 2-2). The history and current situation of the financial scheme and the legislation set up by the government to finance the CLPA’s voluntary activities are detailed in Useful knowledge 6.