Country review: Kenya

Johnson Kariuki
Fisheries Department, Kenya
April 2005

INTRODUCTION

The Kenyan fisheries comprise freshwater (lakes, rivers and dams) and marine (Indian Ocean). Although prominently a subsistence fishery, the sector currently contributes about five percent to Kenya’s gross domestic product (GDP). During the year 2004, the sector had an average producer value of slightly over US$ 100 000 supporting the livelihood of about 500 000 people. There are about 50 000 people working in the sector directly, mainly as fishermen, processors and employees. Kenya’s total annual fish production is estimated at 150 000 tonnes. Besides being a rich source of protein, fisheries are also important for the preservation of culture national heritage and recreational purposes.

The principal fishery is that of Lake Victoria, made up of Nile perch, Tilapia, and Fresh water sardine (Rastrineobola argentae). In 2004 the Lake Victoria accounted for 106 000 tonnes (71 percent of the total annual production). Lake Turkana is the country’s largest inland freshwater body (7 400 square kilometers) compared to Kenya’s 4 300 km² part of Lake Victoria) produces about 4 000 tonnes. Other freshwater bodies of commercial importance include lakes Naivasha, Baringo, and Jipe and the Tana River dams. The countries freshwater production comprises about 96 percent of the total annual production.

The country’s marine capture fisheries potential is estimated at 150 000 metric tons, but the current production averages 7 000 tonnes which is about four percent of the total annual landings. This quantity is very low despite the fact that Kenya has a 640 km coastline with 200 nautical miles of the exclusive economic zone (EEZ). The country’s coast is also located within the richest tuna belt in the Indian Ocean.

The main fishery products in the marine waters consist of demersals such as snappers, migratory pelagics such as tuna and tuna-like species, crustaceans such as shrimps and lobsters, and mollusks particularly octopus and squids. Limited artisanal activity and distant water fishing nations (DWFNs) fleet characterize marine fishery. This DWFN fleet comprises of purse seiners and longliners, fishing under access fee arrangements with the Government, with no obligations to land or trans-ship catches in the country. This arrangement limits the country’s benefits from its EEZ fishery and denies Kenya development aspects associated with transshipment, landings for processing or even by-catch trade.

In the early 1990s sustainable fisheries management, development, conservation and utilization mandates in Kenya had been structured solely under government departments. Ten years later (2004) there has been a paradigm (policy) shift from government centered approach to stakeholders- (co-management) based approach. The new dimension has been taken to ensure that fishers and other fish users are involved in fisheries management and decision-making process in fisheries. In case of any fisheries depletion, the major stakeholders (fishers, traders, and consumers) will be the biggest losers in their socio-economic status while the government will lose in revenue and foreign exchange earnings. In this new approach, the good news can be that, management problems can be solved individually and co-operatively by resource users, thus ensuring that resources are managed sustainably for realization of their full potential contribution to global food security and well-being of all mankind.

Despite these new policy changes, capacity, strategies, and tools of management have not substantially changed. However, stakeholder management groups, such as Beach Management Units (BMUs), in Kenya have strongly taken up the management of fisheries at beach levels.

The government in collaboration with stakeholders is currently involved in an exercise of carrying out an overall study of the fisheries legislations, institutional framework and policy guidelines in order to address to the new shift of fisheries management.

The strategic objective of the Kenya’s marine fisheries management is to improve the current contribution of the fishing industry to a national long-term competitive and fast-growing industry, which is able to create job opportunities to both fishing communities and in industrial fish processing. Since this fishery is currently a relatively small sector within the national economy, its contribution will remain modest especially when measured in terms of long-term development in the exploitation of all the fisheries resources both in the waters of national territorial and EEZ. The waters of the EEZ for most times have been fished by vessels from DWFN and catches repatriated to the states where such vessels are registered. It is therefore necessary to limit and control the fishing pressure in accordance with what resources can sustain on long term basis. In spite of these constraints, the fisheries sector is of great importance to the country’s economy in coastal region, supporting the livelihood of many coastal communities. The natural marine living resources of Kenya, as well as the marine environment in which they exist are a national asset and should be managed and developed for the benefit of present and future generations of the country.

The bulk of the marine production is consumed domestically, although the average per capita consumption of fish products in Kenya is relatively low averaging to 1.19 kg as compared with that of other fishing nations. The sector is also characterized by its substantial level of international trade, resulting to a significant net contribution to foreign exchange.

Marine fishing industry creates significant employment opportunities among the local communities. Although recent figures are not available, it is estimated that the total number of people employed in the commercial fisheries sector is around 27 000 distributed between sea and shore-based activities. In addition to these, it is estimated that another 60 000 people find employment in ancillary industries or sectors, such as market for supply of stores, equipment and services.

NB: No reliable information is available with regard to employment in the subsistence sector.

POLICY FRAMEWORK

Kenya fishery sector has been operating without any formal or conventional fisheries Policy except the Act of Parliament (The Fisheries Act) and its subsidiary legislation, which for all the time has served as both policy and legislative framework. This state of affairs has caused inconsistence in the fisheries management activities placing the fishing industry in uncertain course, and resulting into poorly attended national and international obligations and responsibilities on the management of marine fisheries. The embarrassing and glaring gap of this omission to the essential administrative and management instrument necessitated the Government of Kenya to initiate the process of policy development and drafting which was started in the year 2003 but progressing at a low speed because of inadequate financial resources. The ongoing exercise on national Fisheries Policy Framework development and drafting is the first comprehensive blueprint aimed at guiding sustainable fisheries management for posterity. The culmination of this exercise to develop set of principles to guide the fisheries sub-sector’s renewed efforts is being done in line with the new Government Policy for Economic Recovery Strategy and Creation of Employment (ERS) and Poverty Reduction Strategy (PRS). The Policy formulation process has been adopted and is collaborative in nature with involvement of broad fisheries stakeholders’ approach. Through this policy, continuous advice and feedback mechanism will be encompassed and continuously sought. FAO has participated in this exercise on request by Kenya government to support in technical assistance. The first phase of making the initial draft has been completed. The phase has highlighted the critical areas to be covered and to be addressed during the second phase of the policy development.

What is in the Kenya’s Draft Policy Framework?

The draft policy framework contains shared vision and clear directions on how Kenya’s fisheries including marine capture fisheries are to be managed. Over time, as the role of resource users in the management of the fishery increases, the role of Fisheries Department will evolve from one taken up with day-to-day management of fishing fleets and fishing activities to one concerned primarily with developing policy and regulatory guidelines, setting direction and guidelines, and evaluating performance, while the resource users and other major stakeholders conduct the management roles. It is in this policy shift that BMUs, the lowest level of fisheries management institutional framework have been established in most fish landing sites to take the role of fisheries management within their areas. Legal framework to empower these units is at advanced stages of development and is likely to be ready by the end of 2005.

Conservation and Sustainable Use

Conservation of marine resources and habitat through rebuilding of resources and restoration of habitat where necessary will remain the highest priority for the management of the marine fisheries. Within the limits of available knowledge and necessary operating resources, the fisheries policy will have provisions requiring legislation be made to ensure all fishing activities are conducted in a manner that leads to sustainable resource development and utilization.

Implementation of these policy and legislative measures will result in a comprehensive management framework, which will clearly define the word “fisheries management” and will incorporate “precautionary approach” in decision-making especially in the absence of scientific information. The policy will also ensure application of ecosystem-based fisheries management where fishing activities will be conducted within an enforceable legislative framework, conservation ethics, and responsible fishing operations.

Self-reliance

Self-reliant in fisheries and continued collaboration with the Artisanal fishers’ representatives; fisher community representatives; environmental groups; academics sector; industry and others; will contribute to the well-being of coastal communities. To be more self-reliant, resource users will ultimately have the flexibility to make decisions about their own economic and social objectives.

The framework will clarify the role of the government in supporting viable coastal communities and providing resource users with a greater role in shaping social and economic objectives. It promotes innovation, diversification, and the preservation of an independent inshore fleet and calls for self-adjustment mechanisms in all commercial fisheries.

Development of Stable and Transparent Access and Allocation Approach

The access and allocation of fisheries resources will be made in collaboration with stakeholders, decisions made and conflicts resolved through fair, transparent, and legally guided processes.

The aim of implementing the framework is to set a stable and transparent resource access and allocation approach including clarifying the process and criteria for determining “best use”, establishing decision-making guidelines for commercial access, allocation and stabilizing sharing arrangements in established commercial fisheries.

Shared Stewardship

Participants will be effectively involved in fisheries management decision-making processes at appropriate levels. They will contribute indigenous knowledge and experience, and share the accountability for outcomes. Scientific information will be applied whenever available, but its absence will call for application of “precautionary approach principle”.

The framework is expected to lead more inclusive approach to management planning, enable resource users to take role in operational decisions, facilitate participation in planning and decision-making including their support and capacity building to be able to take new responsibilities.

The policy framework is being created as part of a larger governmental mandate to lead in the sustainable management through co-management, which involves participation of key stakeholders. Current marine fisheries management practice is an integral component of a larger national Fisheries Management Plan (FMP).

Implementation of Policy Framework

As part of the policy development process, the government is already planning how some of the key strategies of the policy framework will be implemented. For instance, the government has shown commitment to implementation of the policy objective which requires all commercial fishing vessels to be fitted with vessel monitoring systems (VMS) and the government is in the process of procuring high-speed patrol boats for regular patrol and surveillance of both inshore and offshore marine fisheries.

Administrative and legal provisions for violations of the Fisheries Act and regulations made there under are being explored to ensure that non-compliance with fisheries rules and regulations is severely punished. Establishing co-management institutional and legal framework is an essential ingredient of sustainable fisheries management because it is transparent and involves the stakeholders in enforcement and management decision-making process and hence establishing clear fisheries management measures acceptable to the stakeholders. Successful implementation of policy and legal frameworks is based on the understanding that the resource users have been involved in the formulation of management decision-making processes.

LEGAL FRAMEWORK

The marine capture fisheries are managed under the provisions of The Fisheries Act. (Cap 378, Revised Edition 1991) and a number of subsidiary legislations made hereunder such as (Legal Notices No. 34, and 35 of 1991). Legal Notice 34 deals with national management of fisheries in a general nature. It covers all types of fisheries in the country i.e. both marine and freshwater capture fisheries. Legal Notice 35 provides legal framework for the management and control of foreign fishing vessels. Recently between the years 2000 and 2004, a number of other subsidiary legislative instruments imposing different management measures for both marine and freshwater fisheries have been formulated and gazetted as national fisheries legal instruments. The above legislative instruments are national wide in nature, but may be applied regionally and locally within the country. In these instruments, although their main purpose is fisheries management the word “management” is severally mentioned but its definition not given in the law.

Administratively, the Fisheries Act does not provide any structure at the regional and local levels; however, the Director is given legal mandates to administer the Act from national level and may delegate the powers and functions regionally and locally to authorized officers.

The Fisheries Act identifies Fisheries Department as a single agency and authority that may in cooperation with other agencies manage the national fisheries. In the same way, Wildlife Management Act identifies the Director of Kenya Wildlife as the sole agency dealing with protected marine areas.

Fisheries Department under the Ministry of Livestock and Fisheries Development is the lead agency responsible for both fisheries management and development of all national fisheries including marine capture fisheries. The management of national, regional and local fisheries within the country is mandated to the respective fisheries offices throughout the country operating under delegated legal powers by the Director of Fisheries who is the administrator of the Fisheries Act.

Design of Marine Capture Fisheries Legislation

The legislation is itself designed into a framework that serves both as a tool or a plan for fisheries management. The legislative framework has set legal guidelines and steps to be followed during implementation of fisheries management, conservation, development, and utilization.

The law contains provisions which include management measures and regulations imposed for different fishing groups as well as individual fishers and touches on:

• Trawling of shallow water prawns

• Artisanal inshore fisheries

• Recreational fisheries

• Registration and licensing of all fishing vessels

• Fishing for aquaria fishes

• Catching and gathering oysters, and

• Control of foreign fishing vessels.

Content of Fisheries Management

Although fisheries legislation does not require that management decisions be based on biological, economic, and social considerations but in practice, these are taken into consideration when making management decisions. Also under monitoring, control, surveillance options, the biological factors including use of indigenous knowledge are taken into consideration. One unique thing with the national Fisheries legislation is that it does not list objectives for the management of fisheries, but opens with a statement as an Act of parliament for the development and management of fisheries.

Legislated Steps in Fisheries Management

Sections and regulations in the fisheries law spell out the management requirements and steps to be followed in management. They also define the authorized officers and states out their powers and steps to be taken for expeditious management of fisheries. The steps include and not limited to the following:

• Boarding and inspecting vessels of vehicles, impounding fishing gears or any articles used in the illegal fishing,

• Takes copies of documents and samples of fish or articles used in the commission of the offences,

• Handling and safe custody of articles or fish impounded,

• Compounding of offences whenever the culprits pleads to their guilty and they are willing that the cases be compounded, and

• Requirement for production of authorization documents and data on every fisher or the vessel.

The Fisheries Act (Cap. 378 (Revised Edition 1991)

The Fisheries legislation is applied in cross reference with other related laws and covers all the fisheries activities in the whole country in both freshwater and marine fisheries including the fisheries of the EEZ. The provisions of the law are in conformity with international laws, protocols, agreements, conventions and covers the following:-

• Registration, licensing and management of fishing vessels and operations in all national waters which include freshwaters, blackish and marine.

• Fishing craft in relation to navigation rules and regulations.

• Prohibiting illegal fishing gears and practices.

• Fish handling, processing, transportation, marketing, and distribution for commerce.

• Imposition of fisheries management and conservation measures such as closed seasons and areas.

• Provisions for the penalties for contravention of legal provisions and they may include fines, imprisonment, seizure, forfeitures of fish, craft, gears or any other articles used in the commission of offences.

This law provides rules and regulations for fish safety, marketing, handling, transportation, processing, storage, and distribution of fish and fish products. It also provides control measure or local and foreign fishing crafts, access (fishing) licenses both while in territorial and EEZ waters.

Environmental Protection Act

The Environment Conservation and Management law provides rules and regulations for protection, conservation, and improvement of environment. The law provides controls that prohibit for the prevention and control of pollution including conservation and protection of biodiversity critical natural habitats and general natural ecosystems, which also include marine and aquatic ecosystems. It also provides a provision for the integration of all other natural resources control agencies and makes rules for implementing the provisions of the international environmental agreements.

Legislation on Marine Protected Areas (MPAs)

The marine protected areas are managed under Wildlife Management Act (Cap.376) and is done according to specific regulations in localized areas. There are different pieces of legislations (Legal notices) establishing different marine parks and reserves. This legislation is administered and enforced by Kenya Wildlife Service (KWS) of the Government of Kenya. The management of these areas is done totally in isolation of fisheries legislation. Typically, establishment of MPAs is based on conservation, preservation, and protection of natural ecosystems and marine resources at selected areas. At the national level, MPAs include National Marine Reserves and National Marine Parks. There are six such marine reserves and five parks running along the Kenyan coastal inshore waters.

Legal and Political Constraints

Fisheries management rules, regulations and plans must comply with a wide range of state national rules and regulations. One of the greatest obstacles that the government must overcome with respect to fisheries as well as marine management and protection is the allocation of funds to such initiatives. Most projects, programmes, and plans are wholly government funded. However, in the recent years, there has been a paradigm shift in the country where arrangements are being put in place to reduce the state’s cost in natural resource management and protection and in its place introduce plans to put more of the financial responsibility to the users. For instance, fishers and other resource users are being sensitized in fisheries management activities and requiring development of mechanism or institutional arrangement for the funding of fisheries management, conservation and development operations. Fish levy trust fund that will be established under the new arrangements and sustained by funds accruing from fisheries resource rent. The new approach is planning to introduce the model of co-management and establishment of a fisheries management fund (Fish Levy) to finance fisheries MCS operations, research, and development.

Sport Fishing Regulations

Consistent with Fisheries Act (Cap 378) the fisheries management objectives are set to provide for meaningful opportunities for both commercial and recreational fisheries to be directed at improved incomes through responsible and transparent sharing of available fish stocks and ensuring that over fished stocks are protected and given time to recover. The management measures geared towards meeting these joint objectives are through government MCS activities and also equitable distribution of both the commercial and recreational fleets throughout the year. This is done in order to develop better understanding of interactions between the fishers of both fisheries in order to develop the process of identifying and working a mechanism for resolving any potential conflicts and minimizing imminent or subsequent conflicts in these fisheries.

The fisheries management actions are implemented in a manner that is consistent with conservation and management objectives. Fishery participants are required to comply with fishery monitoring, control and surveillance programs designed to address the issues relating to impacts likely to affect fish species and population. Recreational and commercial fisheries are structured to minimize the number of conflicts among different associated fisheries. Unanticipated management issues, including conflicts with fisheries directed at other species are resolved by involving the appropriate sport and commercial representatives in dispute resolution processes presided by government officials from Fisheries Department. Limits on incidental mortalities of non-target species is considered necessary for commercial fisheries management.

Management regimes will therefore include strategies to limit mortalities of turtles, seabirds, sharks and other non-target marine organisms in consistent with the FAO Code of Conduct for Responsible Fisheries and International Plans of Action on Illegal, Unreported and Unregulated (IPOA-IUU) Fishing, for Reducing Incidental Catch of Seabirds in Longline Fisheries, (IPOA-Seabirds), for the Management of Fishing Capacity (IPOA-Capacity), and for the Conservation and Management of Sharks (IPOA-Sharks).

In this direction of management legislative measures have been put in place requiring the prawn commercial fishers to fit Turtle Excluder Devices (TEDs) in their nets and Vessel Monitoring System (VMS).

STATUS OF THE FISHERIES

Kenya has a coastal line of about 640 km, extending from Somalia border in the north to Tanzania in the south. The territorial waters cover 12 nautical miles from the shore, while the exclusive economic zone (EEZ) covers 200 nautical miles. The living marine resources of Kenya have been exploited for many years and have been exploited as food source. However, artisanal marine data available on the catch of marine species reveal year in year out fluctuations. These fluctuations can be attributed to natural causes, notably environmental conditions that influence the abundance and distribution of different fish populations as well as human causes, which are known to exert excessive fishing pressure to fisheries resources. Despite considerable fluctuations in individual fish stocks, total marine catches remain steady at almost same figure for several years.

Not much information is available concerning the economic potential of the fish stocks of Kenya’s EEZ including species composition, distribution and abundance, biology or their relationships with the environment.

The Kenyan fishery waters of 200 nautical miles (Exclusive Economic Zone) are believed to have vast fishery resources that are under-exploited by Kenyan nationals but are fished by DWFN fleets either on access licences or as IUU fishing vessels. The national fisheries management capacity has been weak and has not been able to ensure that there is proper monitoring, control and surveillance (MCS) and as a result there has been no data collection. However, if properly managed and utilized, they are capable of yielding very significant economic benefits to the country. An estimated potential of over 150 000 metric tons has been given but is subject to confirmation through a comprehensive stock assessment.

The fish species of EEZ are of principal concern and comprise highly migratory tuna and tuna-like species and sharks. The distant water fishing fleets targets these species. In addition, there are however other many species in this area comprising of deep slope demersal and midwater pelagic fish species that are of commercial importance. There are also other species in the area which include the Lutjanids (snappers, job fish and sea perch), Serranids (groupers), Carangiids (travallies), Lethrinids (emperors), Gempylids (snake mackerels), and many more.

There have been economic obstacles to realize the potential benefits offered by our marine resources within the EEZ because Kenyans have not yet engaged in rigorous investment in this area. To address to this problem the country is working on the fisheries policy and subsequent fisheries master plan, which will form the roadmap for the management, development and investment in the sector. The country is also working on a new policy which when approved will lead to establishment of Kenya Fisheries Development Authority. Some of the areas of approach to the development of the fishery is through development of shore infrastructure: especially fish ports and national fishing fleets, which may be owned by Kenyans, foreigners, or by joint ventures between Kenyans and foreigners. Therefore, there is great need for a comprehensive fisheries stock assessment of the EEZ in order to understand its full potential.

The territorial waters, which include creeks and reefs, contain large number of tropical fish and crustacean species which are traditionally fished by artisanal fishers as well as commercial prawn trawlers. The prawn trawling by catch comprises small pelagic, batfish and nearshore pelagic species such as wahoo, dolphin, rainbow runners, double lined mackerel, travelly, barracuda, Spanish mackerel. The bulk of these species compose trawling for prawn in shallow water, reef and creek fishes such as surgeonfish, rabbit fish, mullet, garfish, rainbow runner, and others. The estuarine species which include travelly, catfish, black bass and river herring and prawns, mangrove crabs, rock lobsters and many others. The reef fishery also support thriving aquaria fishery. The Kenyan fishery therefore is in three forms: i.e. capture fisheries that involve traditional or artisanal fishery, ring net fishery and sport fishing. The other activities are culture fisheries, which is quite minimal, and aquarium fishery. The latter contribute a great deal to the export of aquarium fish.

During the year 2003 the total production witnessed a slight increase and stood at 6 968 metric tons valued at Kenya shillings (Ksh) 487 million (approximately US$ 6.4 million)^[385] to the fishermen. This comprised of artisanal, commercial, and sport fishing. The commercial trawling mainly for prawns was done along the northern Kenya bank around the mouths of rivers Tana and Sabaki (Ungwana and Malindi bays) and was restricted to within six nautical miles off the shore coastline. Artisanal fishers used traditional fishing methods and manually propelled boats, hence being restricted to operate around the continental shelf inshore waters.

Demersal fishery accounted for 2 842 metric tons valued at Ksh 120 million (US$ 157 925) to the fishers. Individual species which had high contribution in this fishery, included rabbit fish, Scavengers, Snappers, Parrotfish, and Pouter among others. Pelagic fishery accounted for 1 819 metric tons valued at Ksh 99 million (US$ million). The catches have been fluctuating over years due to migratory nature of species available for this fishery. The only species making up significant contribution are mackerels, Bonitos/Tunas, Cavilla jacks, Mullets, Barracudas and Milkfish. Crustaceans’ contribution was 756 metric tons with high value of Ksh 176 million (US$ million) with prawns taking the highest portion of 383 metric tons valued at Ksh 88 million (US$ 1.2 million). Mollusks species had the least contribution of 393 metric tons valued at Ksh 25 million (US$ 328 474) and, out of this, the Octopus contribution being the highest at 214 metric tons. In total, the fisheries contributed Ksh 975 million (approximately US$ 6.4 million) to the fishers.

Aquaculture and mariculture potential is great; particularly prawn culture within the creeks. But lack of capital and technology to venture has led to stagnation of its development. Other factors include poor land tenure system.

FISHERIES MANAGEMENT ACTIVITIES

Monitoring, Control and Surveillance (MCS)

In an effort to curtail the effects of unauthorized fishing, illegal fishing gears and methods on the Kenya’s marine fisheries resources, the Fisheries Act (Cap.378) empowers the Director of Fisheries to conduct Monitoring, Control and Surveillance (MCS) on all the fisheries and fishing activities in entire Kenyan waters.

The Kenyan marine capture fisheries management action plans in application include licensing of both local and foreign fishing vessels and giving them fishing access to the fisheries resources including the waters of her EEZ. Foreign fishing vessels are not allowed access to the territorial waters and they are limited to the part of the EEZ between 20 and 200 nautical miles. Important conditions are attached to the access permits requiring the captains of the vessels to fit the vessels with VMS and provide information on their fishing, the fish catch on board at intervals of one week, make it possible for government officers to be able to board their vessels. They are also required to report on any non-target fish species or other marine organisms, particularly marine mammals and turtles incidentally caught and returned to the water, and also the total bycatch landed or discarded at sea. These legal arrangements are made mandatory in order to ensure efficient prevention, deterring and combating IUU fishing in Kenyan waters.

The government of Kenya is strongly committed in acquiring and enhancing the management capability to conduct MCS of her territorial and EEZ waters through the installation of land based vessel monitoring system (VMS) and making it mandatory for every vessel fishing in the Kenya’s water to be equipped with a transponder with a capacity to communicate with the land based VMS stations. Kenya law enforcement officials board and inspect all fishing vessels for violations of the conditions attached to the issuance of the fishing license. There are also management conditions requiring effective documentation of all catches by all vessels, restrictions of certain fishing in some areas in order to prevent destruction or degradation of the fragile marine ecosystem such as MPAs, coral gardens, spawning or nursery grounds of some species of marine organisms and compliance with regulations governing closed areas and seasons. In her mandate, the Department of Fisheries is responsible for preparing and amending fishery management plans for each fishery that requires conservation and management. To restore national marine fisheries, Kenya government established marine reserves, parks, and sanctuaries as a tool in fish restoration or management. Through this restoration program, inventory of critical fish habitats are made and protected to give refuge to threatened fish species enabling them to recover.

Importance of Inter-communities Co-management in Fisheries Management

Co-management concept involves sharing of rights and obligations to fisheries management among equal partners. The fishers co-manage fishery resources through a system of rights and obligations established under Beach Management Units (BMUs) within the fishing communities.

Establishment of Fishers’ Co-management

Formation of Fishers’ co-management groups is the government’s full recognition of the potential of fisheries users in the exercise of management and allocation of fishing rights among their different group of fishers. Local fishing communities base fishing rights on traditional control and governance. The fisheries stakeholders arrange to come to a common understanding of these rights, responsibilities and this becomes the driving force in the formation of management groups. The fishing rights of individual group cannot be established in isolation from those of the others within the fishing community. This new concept of approach is believed to be an effective option for sustainable fisheries management. The approach will re-establish respect for the fishers and effective control over the resource. To reciprocate the new dimension of fisheries management, the fishers must demonstrate that they can work together under co-management system.

Achievement of Co-management

The first step is to establish a system under which the fishers can work together to reach consensus and agreement on customary laws and the system of co-management. In this situation two approaches are in play, customary and internationally approaches are being used to develop consensus on these matters. For example, the system for making international agreements, conventions and protocols could be adopted to improve and establish customary law between the fishers through series of local agreements such as memorandums of understanding (MOUs).

The fishers are made to understand the need to develop a common understanding of the customary rights, which underlie fishing rights and the traditional system of co-management. To do so they must share information on traditional indigenous knowledge on fisheries, laws and rights.

The coastal fishing communities have seen the need to develop proposals for inter- communities co-management under this new concept. Inter-community co-management proposals address relationships between the fishers from different groups responsible for managing shared fisheries resources. Extensive inter-communities co-management arrangements are necessary for such stocks. The catching and management of such stocks must be integrated over its entire range. This would help to conserve the resources if all the groups are able to conduct their responsibilities and also enjoy their rights to access the stock.

Each co-management proposal may include agreements on the things necessary to be done to ensure fishers’ fishing rights are recognized while ensuring conservation and stewardship of stocks are not compromised through promotion of:

• Principles of sharing and co-management.

• Establishment of management beach committees including vigilante groups.

• Joint fisheries patrols, surveillance and development activities.

• Coordinated and agreed fishing gears, practices, seasons, landing sites as well as fishing grounds.

• Harmonized monitoring, control and surveillance.

• Commitments to joint participation in other aspects of fisheries management.

• Formation of dispute resolution mechanisms among different fishing groups and coastal communities.

Common policies are needed when dealing with other issues such as resource allocation, management of commercial and recreational fisheries, aquaculture development, stock enhancement, and habitat protection and biological considerations.

The fishers may also wish to develop common positions on the management roles between the fishers of different groups and government officials.

The fishers implement some aspects of inter-communities co-management without the agreement of the government although the government retains the power to regulate their activities and also give advice to the groups. Negotiations regarding implementation of co-management proposals are undertaken jointly by groups of communities or by coordinating the bilateral talks between communities and government. The need for an organization formed of all communities having a role of advancing principles and changes in management policies supported by all fishing communities is an effective tool in this kind of management.

Restoration and Management of Fisheries Stocks, Ecosystem and Critical Habitats

Through various laws, the Kenya government established marine reserves, parks, and breeding grounds. These management measures allow the development of fish stocks and provide refuge for recovery of threatened fish stocks. A number of government institutions are responsible for ensuring that the MPAs, fish stocks, ecosystems, and critical fish habitats are protected and non-compliance is handled through court processes.

Through these legal arrangements, inventories of critical fish habitats (such as coral gardens), wetlands of national importance (such as mangrove forests), and estuaries have been performed and have lead to the protection of such areas.

COSTS AND REVENUE OF FISHERIES MANAGEMENT

Government financial transfers (GFTs) to the marine capture fishery sector represent a significant policy intervention. The expected effects brought about by GFTs depend on the type of transfer as well as on the management system in place. Government financial transfers in Kenya shows that at least US$ 1.5 million (Ksh 116 million) was spent on general services between the 1997 and 2002, which was 5.6 percent of the US$ 25.1 million (Ksh 2 billion) value of the 30 272 metric tons of fish landed during the same period. During this period the Government collected US$ 156 806 (Ksh 13 million) as revenue, which was about 11.1 percent of Government Financial Transfer (Expenditure) as general services to the marine fishery sector. General services include fisheries research, management, and development especially improvement of infrastructure. Most of these services are important for ensuring the sustainable utilization of fish stocks and protection of aquatic ecosystem. Other forms of financial transfers spent in the support of fisheries are in the form of enhanced revenue and cost reducing transfers to the sector. Due to insufficient data, it is not possible to determine in detail the impact on fisheries management as relates to government financial transfers.

In Kenya, access charges are paid in form of licenses, certificates, permits, and royalty fees. This does not take into account the size of the catch that a fisher catches and lands, but on the size of the vessel, although licensing of foreign vessels are not based on any parameter. This nature in the current Kenyan charges on access to fishery reflects a situation of inequitable distribution of national resources. Smaller vessels are affected more than the larger vessels because they generally take less of the resource than larger vessels. To counter this effect, an annual access charges can be scaled according to some parameters related to the fixed costs of effort, such as the size of the vessel or its engine power (or indeed to the actual capital value of the vessel). This is where the management cost recovery levy is determined on a per unit basis such that the levy paid by the fisher is the product of the per-unit charge and the number of units attached to the boat. This also applies to the less skilled fishers or those using less efficient methods.

Implementation of Global Fisheries Mandates and Initiatives

Conservation and Management of all the national fisheries including EEZ is the mandate of the government and is executed by the Fisheries Department. This institution is responsible for controlling and authorizing all fishing vessels to fish in Kenya waters, but foreign vessels are prohibited from fishing in the inshore waters (0-20 nautical miles). The government formulates rules and regulations that govern development, management, and conservation of fisheries both in the inshore and within the exclusive economic zone. The institution has personnel who are technically knowledgeable in fisheries management and conservation issues of all the fisheries resources including handling of issues related to conflict resolution among different groups. The Department is also responsible for preparing and amending fishery management plans for each fishery that requires conservation and management. In terms of implementing FAO compliance agreement, Kenya government’s institutional capacity has been inadequate and thus, not able to effectively monitor, control and conduct surveillance in her EEZ including the high seas adjacent to her EEZ.

Kenya has also complied with UN Fish Stocks Agreement by ratifying the agreement and acceding to it in 2004. At the same time, Kenya is in the advanced stages of paying for the membership of Indian Ocean Tuna Commission (IOTC).

Kenya, as a member of FAO, has a responsibility to implement the Code of Conduct for Responsible Fisheries. The agreement is being followed up but faces many challenges due to weak institutional capacity.

In an effort to implement the IPOA-IUU, IPOA-Capacity, IPOA-Seabirds, and IPOA-Sharks, Kenya has taken a major step in the year 2004 through enhancing of her national institutional capacity in fisheries monitoring, control and surveillance (MCS). The country realized the need for effective MCS and in the effort to enhance capacity; the country has managed to procure fisheries patrol boats, provision of modern equipment in information technology (ICT) and is in the process of setting a national Vessel Monitoring System (VMS).

PARTICIPATION IN REGIONAL FISHERY BODIES (RFBS)

Kenya has not been a member of any regional fisheries body in the region. However in the understanding of the role the regional fisheries bodies take in fisheries management and taking into account that there are stocks of tuna and tuna-like fish species available in her EEZ, she decided to become a member of the IOTC, effective from July 2004. She has been an active member in the negotiations and processes of establishing South West Indian Ocean Fisheries Commission (SWIOFC), a body that will be responsible for the management of fisheries resources of the coastal states within the area of competence and also the South Indian Ocean Fisheries Agreement (SIOFA), responsible for the management of fisheries resources other than tuna and tuna-like fish species in the high seas adjacent to the EEZs of these coastal states.

The international community, by means of the post 1982 UN fishery instruments, has opted to give an increasingly important role to RFBs for the management and conservation of world capture fisheries. Despite frequently operating in adverse circumstances due to inadequate mandates or terms of reference, poor funding, fewer staff and lack of political commitment by members; RFBs play a primary role in the sustainable management and utilization of fisheries resources by means of facilitating regional cooperation. However, more substantial attention must be given to the implementation of the post 1982 UN fishery instruments, particularly those that are formulated under auspices of FAO and clearly envisage a more proactive role of RFBs in the conservation and management of international, regional, and national fisheries.

A review of information provided by RFBs shows that very few bodies are implementing the conservation and management measures in speed suitable to ensure achievement of global sustainable fisheries management. This conclusion is perhaps not surprising because the instruments present complex scientific, managerial, and political considerations that cannot be resolved quickly. The result of this state of affairs is that, despite international expectations for RFBs to take effective measures assist in the effort to conserve and manage capture fisheries, there is little facility for this to occur unless their roles and functions are strengthened as presented in the fishery instruments. The deficiencies that are common to many regional fisheries management bodies must be addressed in a more comprehensive and rational manner if global sustainable fisheries management and utilization is to be realized.

SUMMARY AND CONCLUSIONS

The national fish production given in this report is mainly from reef and near shore fisheries. Data for deep water and off shore fisheries is not available because fishing is done by distant water fishing nations some of which operate under access licences while others are operating illegally hence can be said to be IUU fishing vessels. However because of inadequate capacity for Kenyan government fishing by these unauthorized fishing vessels have continued fishing in this manner with impunity.

Recently, the government has realized the importance of protecting her resources in her EEZ. To address this matter, a memorandum of understanding between fisheries enforcement division and the Navy has been signed allowing the two institutions to conduct marine surveillance exercises in a collaborative manner. In addition to the said MOU, the government has also enhanced the financial resources allocated to fisheries management in order to beef up marine surveillance and control. The country is now in advanced stages in the process of acquiring MCS vessels and installation of VMS. At least four (4) vessels for control of near shore (territorial) fisheries have been procured in the year 2004. This national initiative will ensure that all the vessels licensed as Kenyan Flag carriers and those issued with foreign licences have compatible VMS installed before they are allowed to do fishing. Navy patrol vessels have also been engaged in rigorous patrols in the entire EEZ, and every vessel entering the EEZ has to report her entry before to Fisheries authorities.

In pursuit to national initiatives in fighting illegal fishing, which is subjecting reef fisheries to excessive pressure, the country is exploring new avenues and means for addressing national and regional obligations. The country has also initiated work on the formation of committees to deal with IUU fishing at all levels i.e. nationally and regionally.

Kenya is strongly committed to enhancing the management capability regime of her both territorial and EEZ waters through the installation of vessel monitoring system (VMS) and making it mandatory for every vessel fishing in the Kenya’s water to be equipped with a transponder with a capacity to communicate with the land based VMS stations. The country has a number of law enforcement officials who have power under the law to board and inspect all fishing vessels for violations of the conditions attached to the issuance of the fishing license as well as compliance with international laws. There are also requirements for effective documentation of all catches by all vessels, restrictions of fishing in some areas in order to prevent destruction or degradation of the fragile marine ecosystem such as MAPs, coral gardens, spawning or nursery grounds of some species of marine organisms and compliance with regulations governing closed areas and seasons. The Department of Fisheries is responsible for preparing and amending fishery management plans for each fishery that requires conservation and management.

In an effort to implement the IPOA-IUU, IPOA-Capacity, IPOA-Seabirds, and IPOA-Sharks, in 2004 Kenya has taken a major step through enhancing of national institutional capacity in fisheries monitoring, control, and surveillance (MCS). Kenya has also decided to become a member of Indian Ocean Tuna Commission (IOTC) effective from July 2004. She has been an active member in the negotiations and processes of establishing South West Indian Ocean Fisheries Commission (SWIOFC), a body that will be responsible for the management of fisheries resources of the coastal states within the area of competence and also the South Indian Ocean Fisheries Agreement (SIOFA), responsible for the management of fisheries resources other than tuna and tuna-like fish species in the high seas adjacent to the EEZs of these coastal states.

On completion of the fisheries policy and masterplan, preparation of management plans for different marine fisheries will be undertaken.

REFERENCES

Cook, P.J. & Carleton, C.M. (eds). 2000. Continental Shelf Limits: the Scientific and Legal Interface. Oxford, 2000 OXFORD University Press.

DoF. 2003. Fisheries Annual Statistics Bulletin. Kenya Department of Fisheries, Statistics Division, Nairobi.

DoF. 2005. Kenya Fisheries Policy (Zero Draft). Fisheries Department. Nairobi.

FAO. 1995. Code of Conduct for Responsible Fisheries. Rome, FAO. 41 p. (also available at http://www.fao.org/documents/).

FAO. 1999. International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries. International Plan of Action for the Conservation and Management of Sharks. International Plan of Action for the Management of Fishing Capacity. Rome, FAO. 1999. 26p. (available at http://www.fao.org/documents/).

FAO. 2001. International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. Rome, FAO. 24p. (available at http://www.fao.org/documents/).

FAO. 2002. Implementation of the International Plan of Action to Deter, Prevent and Eliminate Illegal, Unreported and Unregulated Fishing. FAO Technical Guidelines for Responsible Fisheries No. 9 Rome, FAO. (available at http://www.fao.org/documents/)

Habib, G. 2003. National Report on Fisheries Potential in Kenya’s EEZ. Commonwealth Secretariat, Marborough House, Pall Mall, London.

MLFD. 2004. Ministerial Strategic Plan (2004). Ministry of Livestock and Fisheries Development. Nairobi.

RoK. 1991. The Fisheries Act (Cap. 378), Laws of Kenya, Fisheries Department, Nairobi. Government Printer. Nairobi. (also available at http://faolex.fao.org/).

RoK. 1989. The Maritime Zones Act (Cap.371) Laws of Kenya. Attorney General’s Chambers. Government Printer. Nairobi. Nairobi. (also available at http://faolex.fao.org/).

RoK. 2002. National Development Plan 2002 - 2008. Government Printer. Nairobi. Government Policy for Economic Recovery Strategy and Creation of Employment (ERS) and Poverty Reduction Strategy (PRS).

UNCLOS. 1982. UN Convention on the Law of the Sea. New York, December. (available at http://www.un.org/Depts/los/index.htm)

UNESCO. 2000. Ocean Predictability. J. Woods. Presented June, 1999. IOC Bruun Memorial Lectures. IOC Technical Series 55. (available at http://unesdoc.unesco.org).

APPENDIX TABLES

Current Management of Marine Capture Fisheries in Kenya

Summary information for three largest fisheries of Kenya (by volume) in 2003

* Value in 2002 U.S. Dollars.
** % values are based on totals for each category of fishery.
n.a. = not available.

Use of Fishery Management Tools within the three largest fisheries in Kenya

Costs and Funding Sources of Fisheries Management within the three largest fisheries of Kenya

Compliance and Enforcement within the three largest fisheries in Kenya

Capacity Management within the three largest fisheries in Kenya

n.a. = not available.