Case 4-2 Cases of the evolution of the legal framework for fisheries resource management in Senegal

Fisheries Law, fishing rights (concession), fishing vessel registration system, licensing system, Letter of Sectorial Policy of Development of Fishing and Aquaculture  (LPSDPA), co-management, value chain development

The Senegalese government has moved from conventional top-down fisheries resource management to co-management of resources. This case study presents how the relevant legal framework has evolved.

In 1998, the Senegalese government enacted the Fisheries Law (No. 98-32) and began work on changing the nature of the fishing industry, calling on fishers to manage the resources and asking donors and NGOs to participate. The government has focused 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 has led to numerous problems and changes, and the introduction of the system has encountered difficulties. The reasons for this are as follows: (1) The lack of accurate data on the abundance and number of vessels based on which the reduction in fishing effort should be calculated, and (2) fishers are very reluctant to reduce the number of vessels. Thus, the reduction of fishing through regulations on fishing periods, fishing grounds and fishing gear had to be re-considered. Subsequently, in 2006, the Senegalese government introduced a new fishing vessel registration system to reduce fishing, launched a licensing system for artisanal fishing canoes and prohibited the registration of new canoes after August 2012.

The Senegalese government implemented a maritime fisheries code in July 2015 and its implementing regulations in November 2016, which regulated 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 the departmental and regional Fisheries Directorates, but there are limits to the number of Fisheries Directorate staff 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 and the content is as follows:

• Chapter 1 : Background to the fisheries sector
• Chapter 2 : Analysis of the current situation in the fisheries sector
• Chapter 3 : Development strategies for the fisheries sector
  
• Chapter 4 : Necessary conditions for the implementation of the fisheries policy
• Chapter 5 : Implementation, monitoring and evaluation
• Chapter 6 : Risks related to the implementation of the LPSDPA　

Section 4.2 of Chapter 3 defines the following three objectives and the strategy to achieve them: (1) Sustainable management of fisheries resources and restoration of resources, (2) development of aquaculture, and (3) promotion of increased value added of fisheries products. Under (1) above, in ‘Strategy 2: Development of management plans’, case examples of the deep-water shrimp fishery management plan and the octopus fishery management plan that are being implemented, as well as the cymbium fishery management plan under preparation, were presented, and it was made clear that the capacity of the actors implementing these fisheries resource management plans should be strengthened and co-management should be encouraged. Under (3) above, in ‘Strategy 1: Development of value chains in the fisheries sector’, it is recommended to categorise, characterise the different value chains, and promote development by focusing on promising value chains. 

In the LPSDPA (2016–2023) signed in 2016, the Senegalese government clearly indicated its orientation to move from top-down management of resources to the co-management of resources by administrations and fishers, and to promote the sustainable use of fisheries resources by increasing the added value of fisheries products.

Chapter 4 Strengthening the role and practical capacity of administration

The basis of a legal framework for resource management is the establishment of regulatory measures, such as limitations on fishing effort conducted by resource management organisations with the support of government agencies, as enforceable legal provisions, including laws and regulations. It also involves the establishment of a legal basis (enforcement authority) for the monitoring and enforcement activities of resource management organisations based on the ‘resource management plan’. Without such a legal framework in place, there is always the possibility that the catch limits established in the ‘resource management plan’ will remain a mere illusion, or that the monitoring and enforcement activities of the resource management organisation will provoke opposition from fishermen, making it difficult to control the situation.

If Senegal’s neighbouring countries want to introduce community-based resource co-management, it is necessary for the administration to develop a legal framework. This case study is instructive because it reveals the evolution of the legal framework for resource management in Senegal.