Country review: United Arab Emirates

Gary Morgan
FAO Consultant, Fishery Policy and Planning Division, Fisheries Department
January 2004

INTRODUCTION

The United Arab Emirates has coasts that border both the embayment-like Arabian Gulf and also a smaller coastline that borders the more oceanic Gulf of Oman. The country consists of a federation of seven Emirates and administrative and political power is shared, to a greater or lesser extent depending on the portfolio, between the Federal Government and the various Emirates.

The sea area and coastline of the UAE that borders the Arabian Gulf is characterized by extreme meteorological and hydrological conditions with water temperatures reaching over 35°C during summer months (air temperatures of over 50°C), very high evaporation rates and high salinities. Seasonal variation in hydrological parameters is also high with water temperatures varying from around 18°C in winter to 35°C in summer. As a result, a significant number of the fish species found in the Gulf waters of the UAE utilize this area on a seasonal basis, often for spawning, although some major species are found in the area throughout the year.

By contrast the East Coast of the UAE which borders the Gulf of Oman is much more oceanic in nature with hydrological parameters exhibiting much smaller seasonal variation. However, this coastal and sea area is small in comparison with the Gulf coast of the UAE.

All fisheries in the UAE are artisanal in nature with no large scale industrial fisheries being undertaken^[358]. Recreational fishing (mainly from boats) is growing in popularity with a small charter boat fleet developing to take sport fish such as large pelagics (including sailfish) and demersal species. Although vessels are owned by UAE nationals, the majority of workers on the vessels are from India, Bangladesh and Iran.

In general, the management of fisheries in the UAE is rudimentary although it has developed in recent years from a state of no management. Although fisheries are insignificant from an economic point of view in the UAE, they are often seen as being of heritage value since the early economy (pre-1960) of the UAE very much depended on fishing and trading activities.

Recent estimates^[359] show that fish stocks, both commercial and non-commercial, have declined significantly (by as much as 90%) in UAE waters over the past 25 years. The reasons for this decline are not known although extensive and rapid coastal development in the UAE may be implicated. As a result, the number of vessels registered is decreasing and, in 2002, was 5 191, down from 7 700 in 1998. An estimated 17 264 fishermen operated these vessels. However, of these registered vessels, only a small number (perhaps as low as 20%) actually undertake fishing operations. Recent laws requiring a UAE national to be physically present on vessels during fishing operations has also reduced the number of active vessels.

The management and rehabilitation of the UAE’s fish stocks therefore poses significant problems for the national management authority, a task that is not made easier by the need to share such management with regional authorities and the lack of any explicit management planning process for any fishery.

POLICY FRAMEWORK

The national, or federal, authority with responsibility for fisheries management is the Ministry of Agriculture and Fisheries (MAF), although regional (i.e. Emirate-based) authorities also have some legislative authority for policy development within individual Emirates. The basic national fisheries legislation in the UAE is contained in Fisheries Law 23 of 1999 with the flavor of that Law being very much concerned with fisheries administration. The overall policy objectives of fisheries management in the UAE are not explicitly stated within Law 23.

Being a confederation of seven Emirates, both legislative and policy frameworks for fisheries management reside at both national and at regional (i.e. Emirate) levels although few formal co-ordination mechanisms are in place. Fisheries Regulation Committees, which comprise representatives of the MAF, Fishermen’s Co-operatives, Municipalities and the Coast Guard exist in each Emirate and they usually meet monthly. Their task is to address regional fisheries policy and enforcement issues. However, there is no overall national strategic planning process that guides the activities of these committees and no co-ordination between the Committees. This results in either differing policy and enforcement decisions between committees or, often, no action at all. Informal co-operation, however, is strong and this ensures that overall fisheries management policy issues are generally consistent between national and regional authorities. At the regional level, fisheries management is often influenced indirectly through environmental or other legislation. However, these legislative instruments enable individual Emirates to adopt and implement fisheries management regulations that may be specific to their area of jurisdiction.

As an example of regional legislation, the law that establishes the Environmental Research and Wildlife Development Agency (ERWDA) in Abu Dhabi not only recognizes ERWDA as the competent authority for managing fisheries in that Emirate but also emphasizes the protection and conservation aspects of ERWDA’s role. As a result, Abu Dhabi Emirate, which is by far the largest Emirate in the country, has regulations (such as the requirement for escape panels in fish traps) that are unique to that Emirate. The smaller Emirates, where such regional authorities are not as well developed, rely more heavily on federal authorities for both fisheries policy and administration.

Local Municipalities undertake administration of fisheries-related infrastructure, such as the important local fish landing sites, fish markets and Fishermen’s Co-operatives. Again, informal co-operation between these authorities and federal and regional authorities is strong with, for example, federal and regional data collectors using local facilities to collect data on landings.

The requirement to develop fisheries management plans is not contained in either federal or regional legislation and no fisheries management plans currently exist for any fishery. As a result, policy directions for management of individual fisheries are not explicit and are often subject to change through political or administrative influences. However, a major policy platform, contained in federal legislation, is the provision of subsidies or subsidized services to fishermen. These subsidies take the form of either payment of compensation for various types of loss (fishing gear, catch, etc.) or the provision of free or heavily subsidized services such as motor repair. A large proportion of the Ministry of Agriculture and Fisheries budget is directed towards such subsidies. Because fisheries management legislation is relatively new at both the federal and regional level, no comprehensive review of legislation has yet been undertaken.

International fisheries issues are the responsibility of the federal Ministry of Agriculture and Fisheries. However, regional co-operation is weak or virtually non-existent, both on a bilateral basis and through mechanisms such as the Regional Commission on Fisheries, RECOFI. The UAE has not ratified the UN Convention on the Law of the Sea (UNCLOS), the UN Fish Stock Agreement nor the FAO Compliance Agreement.

LEGAL FRAMEWORK

Responsibility for fisheries management in the UAE lies, at the federal level, with the Ministry of Agriculture and Fisheries (MAF) although regional environmental authorities (particularly in Abu Dhabi Emirate, which is by far the largest and controls around 60% of UAE’s waters) are also recognized through regional environmental legislation as being the competent authority for managing fisheries within their jurisdiction. Such regional jurisdiction usually extends from the shore to the limits of UAE territorial waters within the coastal limits of the Emirate.

Although the jurisdiction for fisheries management is shared between federal and regional authorities, there are no legislative requirements in place that require co-ordination in management. However, Fisheries Regulation Committees established under the Federal Law 23 of 1999 exist in each Emirate and these bring together various federal and regional authorities concerned with fisheries management and administration. There are no other formal co-ordination mechanisms between federal and regional authorities although informal co-ordination is strong. As a result of this and also the weakness of the Fisheries Regulation Committees, there are instances where fisheries management regulations for the same fishery differ between Emirates with the larger and more active Emirates (particularly Abu Dhabi Emirate) being a particular example. Many of the smaller Emirates rely on the federal authority (MAF) for fisheries management policy and assistance with implementation and, as a result, management processes and measures tend to be more consistent across these smaller Emirates.

The basic national fisheries legislation in the UAE is contained in Fisheries Law 23 of 1999 that addresses the national role in fisheries management and allocates responsibility for implementation to the Ministry of Agriculture and Fisheries. A range of other legislation impacts on fisheries management outcomes within the country with regional environmental legislation being particularly important within Abu Dhabi Emirate. Such legislation in Abu Dhabi provides for the regional environmental authority (Environmental Research and Wildlife Development Agency, ERWDA) to be the competent authority for managing fisheries within the Emirate and, as a result, fisheries management is undertaken within the context of marine environmental protection. This has inevitably led to an increasing focus on the broader, ecosystem issues of fisheries and their management.

Even in those Emirates where regional environmental authorities are not active in fisheries management issues, environmental legislation (both federal and regional) impacts on fisheries legislation through processes such as the creation of marine protected areas.

Local legislation regulating coastal development and the operation of fisheries infrastructure, such as ports, markets, landing sites etc, also impacts significantly on fisheries management legislation. The coastal development legislation and processes is particularly important in impacting on fisheries resources and their management, given the extensive coastal development that is occurring in the UAE.

STATUS OF THE FISHERIES

The fisheries of the UAE are entirely artisanal in nature, with the minor exception of four small purse seine vessels that operate seasonally from Sharjah and take sardines and anchovy at night using light attraction.

Two types of vessels are used in the artisanal fishery: wooden, local dhows up to approximately 15 m in length that primarily operate fish traps (‘gargoor’) and fiberglass, outboard powered vessels up to 8-10 m in length (locally known as tarads) that use a variety of gear including fixed and floating gillnets, hand trolling and drop lines and gargoor. The gargoor fishery is the largest single fishery in the UAE, accounting for around 79% of landings by weight. The most important species taken in this fishery are Emperors (25%), Groupers (24.7%), Jacks (16.5%), Sweetlips (10.5%) and Scads (5.2%).

In addition to vessel catches, there are a number of fixed stake nets (locally known as ‘hadra’) that are located along the coast and its inlets. Rapid coastal development has apparently reduced the number of such stake nets in areas near to major cities such as Dubai. However, they are still numerous in areas where little coastal development has taken place, particularly in the area west of Abu Dhabi where 73 such stake nets were recorded in 2003^[360].

The pelagic catches are dominated by Spanish mackerel (Scomberomorus spp.) and other large pelagics while small pelagic species such as Sardinella spp. and anchovies are captured in inshore waters (by beach seines and set nets) near Ras al-Khaimah and also on the East Coast near al-Fujairah. Apart from the four small purse seine vessels that operate seasonally from Sharjah, there is no industrial fishery for small pelagic species although there have been several attempts to start such an industry in the past. Recent research and surveys have indicated that, while small pelagic stocks in UAE waters exceed 100 000 t, their seasonality and small school size makes large-scale commercial exploitation difficult.

A small quantity of high value tropical rock lobster (Panulirus ornatus and P. versicolor) is taken on the East Coast of the country and sold locally. However, the dominant lobster in the market is P. homarus that is imported in significant quantities (often illegally) from the Sultanate of Oman.

The majority of the catch from all sectors is taken from Abu Dhabi Emirate, since this Emirate comprises over 65% of the sea area of the United Arab Emirates. However, the most productive areas are inshore areas near to the Straits of Hormuz, around Ras al-Khaimah. Landings probably also consist of fish taken in other, neighboring, countries’ waters, although the quantity of such landings is not known.

No trawling takes place in the UAE since this has been banned since the 1970s in an effort to protect marine habitat. Although the use of driftnets is also prohibited, their illegal use is common, particularly during the season for large pelagics such as Spanish mackerel.

Because of the design of the market-sampling program, there appear to be some major issues of over-reporting of landings in the UAE^[361]. Recent, improved, landings surveys undertaken in Abu Dhabi Emirate (which comprises the majority of the landings in the UAE) have shown that an estimated total of 8 184 tonnes of fish was landed in the Emirate during 2002, 88% of which consisted of demersal species^[362]. This compares with official reported landings for the whole UAE of around 110 000 t. As a result, the actual landings in the UAE in 2002 were probably no greater than 20 000 t of which the fish trap (gargoor) fishery comprised the majority (about 79%) with the gillnet and stake net (hadra) fishery also being important.

In 2002, the UAE completed the first comprehensive survey and assessment of its demersal and small pelagic resources. The results of the survey were compared with a similar survey undertaken in 1978 and showed that while small pelagic stocks were at about the same level as in 1978, demersal stocks had declined significantly, in some areas to around five percent of 1978 levels.

Of the demersal stocks, both commercial and non-commercial species had declined significantly and the study concluded that fishing was probably not the only factor in the cause of this decline. Extensive coastal development and rapid urbanization since 1978 may also have played a role since the study showed these UAE Gulf coastal waters were a significant spawning area for many demersal fish species.

The results of that survey also showed that the majority of commercial demersal fish species were being taken at a size that was well below the optimum size. The lack of regulation of numbers of fishing vessels or fishing gear also had resulted in fishing effort levels being higher than optimum levels.

Although reliable catch and fishing statistics are not available, commercial catch rates have apparently fallen significantly over the past decade, particularly in the important fish trap (gargoor) fishery. Without restrictions on the number of gargoor that can be used, the commercial response to this has been to increase the number of gargoor used. In the light of the findings of the recent survey, restrictions are now being introduced to control fishing effort (through limiting the numbers of fishermen and quantity of fishing gear) and to regulate the size of capture (through mesh size restrictions).

Apart from small pelagic resources, the fish stocks of the UAE are apparently fully or over-exploited. As a result, there seems little prospect for further major development of the current industry. Further, the declines in abundance of demersal fish stocks, perhaps contributed to by coastal development and urbanization, do not provide a sound basis for further development of the industry.

Although presently lightly exploited, the development of an industry for small pelagic species in UAE waters may be difficult because of both the small school size and also the market competition from low-cost neighboring producers such as the Sultanate of Oman.

Individual Government and private-sector initiatives within some Emirates have moved significantly towards the development of a series of artificial reefs within their area of jurisdiction. Such developments are designed to increase fish abundance in the area.

Recreational fisheries are of increasing importance in the UAE with both big-game fishing for large pelagic species such as Spanish mackerel and sailfish and demersal fishing becoming increasingly popular. However, although there are requirements in both Dubai and Abu Dhabi Emirates for recreational fishers to be licensed^[363], there is no data on quantity of catches or any reliable data on the number of participants.

The three largest fisheries in the UAE, all of them artisanal, are shown in Table 1. Landings are estimated landings, based on the recent studies of ERWDA, and therefore differ from officially reported landings. As noted above, the officially reported landings are likely to be significantly over-estimated.

TABLE 1
Characteristics of the major fisheries of UAE

* Value in 2002 U.S. Dollars.

MANAGEMENT ACTIVITY

The UAE has moved from a situation of no management of its fisheries prior to about 1999 to one where rudimentary management measures are now in place. All commercial vessels and fishermen are licensed although there has, until recently, been no restriction on the granting of fishing licenses to nationals. However, in 2003, Abu Dhabi Emirate introduced a freeze on the issue of new commercial vessel licenses (along with other management measures) and federal authorities (MAF) followed this lead later in the same year. As a result, there is now a freeze on the issue of new commercial fishing licenses throughout the UAE. Fishing licenses for recreational fishing were also introduced in 2003.

Initially there were no gear restrictions for commercial fishing, apart from the total ban on trawling activities, which had been in place since the 1970s, and a ban on driftnets. However, in recent years, a limit of 100 fish traps (gargoor) per vessel has been introduced in 2003 in Abu Dhabi Emirate although no gear restrictions currently apply to other Emirates. The two measures of a freeze on issuing new licenses and a limit on the amount of gear per vessel has effectively put a ceiling on fishing effort in the fish trap fishery of Abu Dhabi Emirate. Limitations on fishing capacity^[364] were further addressed in 1999 when the MAF introduced a requirement for a UAE national to be actually on board each fishing vessel that was undertaking fishing activities. This resulted in an immediate reduction in the number of active vessels and landings^[365] although these impacts were only temporary and landings and activity levels had, by 2004, returned to pre-1999 levels.

Despite these advances, significant latent effort exists in the fish trap fishery since only a small proportion of registered vessels (about 20%) are currently active. To address this latent effort situation, the UAE is examining ways of removing inactive vessels from the fleet.

All UAE management practices rely on input controls and no fishery is managed by output controls, such as catch quotas. Closed areas, which are often marine protected areas designed to protect endangered species such as dugong, are an important component of fisheries management measures in the UAE. In addition, there are closed seasons for some migratory pelagic fish. No size limits are imposed on commercial fish species although Abu Dhabi Emirate have recently introduced a requirement whereby fish traps need to incorporate a biodegradable grid in each trap. This grid both acts as an escape gap, allowing small fish to escape, and as a preventative measure to ‘ghost fishing’ should the trap be lost. Such ‘ghost’ fishing is perceived as a significant issue, not only in the UAE but in the region generally. However, little information is available either on the numbers of lost fish traps^[366] or their impact on fish stocks.

The enforcement of management measures is carried out by the MAF, regional authorities such as ERWDA and by the Coast Guard. However, the effectiveness of enforcement activities is limited by a number of factors, including little fisheries-specific training for Coast Guard staff, the lack of a strategic approach to enforcement activities (including no use of intelligence gathering) and, most importantly, the traditional right of appeal for misdemeanors directly to Ministers and Sheikhs. As a result, very few fisheries prosecutions are pursued or are successful and regulations are commonly ignored. The effectiveness of enforcement measures, however, is improving as the country addresses these issues.

No formal management plans exist for any fishery although most fisheries (the stake net fishery is an exception) are subject to some form of management arrangements. In the absence of management plans, however, these management arrangements are not implemented within a strategic context and management objectives often remain unclear.

Stakeholder participation in the development of fisheries policy and management measures is through traditional discussions, often directly with the Minister or other senior Government figure. In general, these often result in compromise solutions. Such stakeholder participation is limited to nationals only, who are the vessel owners and may or may not be actively engaged in fishing. The expatriate workers on the vessels are not involved in such dialogue on management measures.

As a result of the move from no management to a rudimentary management structure, the number of stocks under management has increased over the past ten years. However, none of the stocks under management undergo formal and regular assessment to determine their status.

The recent comprehensive resource survey in 2001/02 showed that there had been marked decreases in the abundance of both commercial and non-commercial demersal stocks over the past 25 years. Pelagic stocks generally were at about the same level. Therefore, although no formal assessment of the status of stocks is made on a regular basis, it would appear as if demersal species may (at current effort levels) be either over-exploited or at best fully utilized. By contrast, the small pelagic resources are underutilized although practical issues such as the small school size may hinder their commercial development.

COSTS AND REVENUES OF FISHERIES MANAGEMENT

No separate data is maintained within the UAE’s Ministry for Agriculture and Fisheries on the costs that are directly attributable to fisheries management issues. However, over the past ten years, budgets for fisheries management has certainly increased as the Ministry moved from no management to rudimentary management. In recent years, however, (2000-2003), the budget for fisheries issues has stagnated and may have even have been declined.

A significant part of the fisheries budget within the Ministry of Agriculture and Fisheries is utilized for the payment of subsidies, or the provision of subsidized equipment to fishers. These subsidies are often at the discretion of the Minister and, apart from programs such as subsidized motor repairs, are often ad hoc in response to specific requests from fishers. The budget for research services for the operation of the Ministry’s Marine Resources Research Centre at Umm al-Quwain is also included within the MAF’s fisheries budget. However, much of the research is orientated towards aquaculture activities, although some stock enhancement is carried out, primarily the annual release of small numbers of fry of rabbitfish (Siganus caniculatus) into coastal waters.

Compliance is undertaken both by the Ministry of Agriculture and Fisheries (mainly port inspections) and by the Coast Guard, who undertake at-sea inspections. Again, no separate accounting of compliance and enforcement costs is maintained within the Ministry of Agriculture and Fisheries. At-sea enforcement by the Coast Guard is also not accounted separately since fisheries-related issues are generally attended to during regular sea patrols for other purposes.

IMPLEMENTATION OF GLOBAL FISHERIES MANDATES AND INITIATIVES

The United Arab Emirates has not ratified the UN Convention on the Law of the Sea (UNCLOS) nor the UN Fish Stocks Agreement nor the UN Compliance Agreement.

Although the Ministry of Agriculture and Fisheries are aware of the content of initiatives such as the Code of Conduct for Responsible Fisheries, the provisions of this, or other initiatives, have not been incorporated into national legislation.

The implementation of the provisions of International Plans of Action related to managing fishing capacity, IUU fishing, shark management and seabird by-catch in longline fisheries has not been pursued. As a result, no national plans of action for any of these issues are incorporated into national legislation.

PARTICIPATION IN REGIONAL FISHERY BODIES

The United Arab Emirates is an active member of the Regional Commission on Fisheries (RECOFI) and participates in most of the meetings and working groups of the Commission. However, there is no real commitment to regional fisheries management by members of RECOFI and, as a result, the Commission has not yet addressed regional fisheries management initiatives.

As a result the UAE has not been required to incorporate regional fisheries management issues into its national legislation.

There is, however, no legal requirement within the UAE fisheries legislation for fisheries management issues that may be adopted by RECOFI (or other regional body) to be incorporated into national legislation.

The Gulf Co-operation Council, through its meetings of Agriculture Ministers, often considers fisheries issues at national levels but has not yet been active in pursuing regional fisheries initiatives.

SUMMARY AND CONCLUSIONS

The UAE has only, in recent years, introduced legislation to manage its fisheries, with the primary legal instrument (Federal Law number 23) coming into force in 1999. The country has therefore moved, within a few years, from a position of no management to one where rudimentary management measures are in place. However, there remains a significant amount to be done, both legislatively and from a management perspective.

Perhaps the greatest challenge is to bring together the various legislation contained in federal and regional (i.e. at the Emirate level) environmental, fisheries and other statutes into a comprehensive, consistent, national fisheries law. Both practical and political obstacles make this a difficult task.

The fisheries of the UAE have apparently declined over the past 25 years, particularly the inshore demersal stocks. Given the rapid development and urbanization of the UAE (with most development being concentrated in coastal areas), coastal development and reclamation may be implicated in this decline. Faced with this major decline in its most important fisheries sector, the UAE therefore needs to address its fisheries management issues quickly to both better understand the resources and to bring them under management.

Recent initiatives by the Ministry of Agriculture and Fisheries (MAF), such as imposing a freeze on the issue of new commercial fishing licenses, is encouraging and may point to a commitment to manage the UAE’s fisheries in a sustainable way. However, the apparent shared nature of many stocks with other countries in the region may limit the effectiveness of such national action in fisheries management.

REFERENCES

Ahmed Abdul Rahman al-Janai (undated). English Translation of Federal Law No. 23 of 1999 regarding the exploitation, protection and development of the living aquatic resources in the waters of the state of the United Arab Emirates. MAF occasional publication: 54pp.

APPENDIX TABLES

Current Management of Marine Capture Fisheries in United Arab Emirates

Use of Fishery Management Tools within the three largest fisheries in United Arab Emirates

Costs and Funding Sources of Fisheries Management within the three largest fisheries of United Arab Emirates

Compliance and Enforcement within the three largest fisheries in United Arab Emirates

Capacity Management within the three largest fisheries in United Arab Emirates