1. The Sub-Committee for Lake Tanganyika of the Committee for Inland Fisheries of Africa (CIFA) held its Fifth Session from 4 to 8 December 1989 at Bujumbura, Burundi. The Session was attended by representatives from the four Member Nations of the Sub-Committee: Burundi, Tanzania, Zaire and Zambia; representatives from UNDP and the Commission of the European Communities (CEC), and observers from Belgium, Finland, Japan and the Netherlands. The list of participants is given in Appendix C.
2. The outgoing Chairman, Mr T. Maembe, Chief Fisheries Officer of Tanzania, welcomed the participants and underlined the problems facing the lake, the accomplishments of the Sub-Committee so far and the need for regional collaboration for the development and management of the fisheries of Lake Tanganyika. He urged the international community to provide the required assistance for the rational development and management of fisheries.
3. The FAO Representative, Mr Paul Michel Biabatantou, spoke on behalf of the Director-General of FAO. He expressed his warmest thanks to the Government authorities for hosting the Fifth Session of the Sub-Committee and for the generous contributions it was making to the FAO programmes in the region. He underlined, in particular, the provision by Burundi of the Headquarters of the Regional Project for Inland Fisheries Planning, Development and Management in Eastern/Central/Southern Africa (RAF/87/099) and the generous offer to host the forthcoming Lake Tanganyika Regional Fisheries Research Project. He then introduced the substantive items of the provisional agenda.
4. The Hon. Basile Sindaharaye, Minister for Tourism, Land Use and Environment, welcomed the participants to Burundi. He gave a brief history of the role of the Sub-Committee in promoting fisheries cooperation in the region and stressed the need for the countries to get together to ensure the rational management and development of the resources of the lake. He reviewed the recent activities of the Sub-Committee in the fields of statistics and fisheries legislation. The need for the harmonization of the fisheries legislation and the study of the conditions of access by riparian countries into each others territorial waters were again stressed. The recent advances in the formulation and financing of the regional fisheries research project were welcomed.
5. Mr Sindaharaye also briefly mentioned the timely organization in Bujumbura, during the previous week, by the International Limnological Society, of an International Symposium on Resource Use and Conservation of the African Great Lakes, which reviewed the advancement of research on the various lakes in the region.
6. Mr Antoine Kiyuku, Director of Department of Waters, Fisheries and Fish Culture, Ministry of Tourism, Land Use and Environment, Burundi, was elected Chairman and Mr Sabuni Kasereka, Director of Fisheries, Department of Lands, Environment and the Conservation of Nature, Zaire, was elected Vice-Chairman of the Session.
7. The agenda was adopted as given in Appendix A. The documents presented to the Session are listed in Appendix B.
8. Two documents were introduced by the Secretariat under this agenda item. Document 89/3 - Status of Fisheries Projects on Lake Tanganyika - and Document 89/Inf.4 - Lake Tanganyika Regional Fisheries Research Project - Report of the Project Mobilization Mission.
9. Dr. O.V. Lindqvist of the University of Kuopio, representing FINNIDA, gave the summary of the Report on a Project Mobilization Mission (CIFA:DM/LT/89/Inf.4) and of the scientific review of Lake Tanganyika.
10. The need for the Lake Tanganyika Regional Research Fisheries Project had been discussed for nearly twenty years now. The CIFA Sub-Committee for Lake Tanganyika, in 1985, formulated both long-term and short-term objectives for the project, which had been followed in the subsequent planning.
11. The major development objectives of the project were, first, through scientific research, the determination of the biological basis for fish production for formulation of a regional fisheries policy, and second, the initiation of a regional cooperation between the riparian countries in the management of the resources of the lake.
12. A concerted effort was clearly needed by all four countries working together. Scientific research was the primary avenue through which such cooperation could be best practised. Rational utilization of the resources of Lake Tanganyika was not possible without a close cooperation between the countries.
13. The long-term objectives of the project included the following major items:
the establishment of a lake-wide scientific fisheries research programme with the continuing exchange and utilization of the research results among all four participating countries.
the establishment of four national research centres, each with the proper manpower and logistical support to continue the research and monitoring independent of major external assistance inputs. The four centres would also be capable of providing their respective governments with the scientific data and advice required for the further detailed planning of their national development programmes aimed at optimum exploitation of their fishery resources, providing water supplies, combating pollution and the conservation of the biological and other lacustrine resources of Lake Tanganyika.
14. The immediate objectives called for:
The establishment over a five-year period of a long-term research programme for monitoring of fish stocks and related parameters, with adequate infrastructure and logistics, and the training of national personnel to be able to continue this research programme after the conclusion of the external assistance.
The formulation, within five years, of the regional plan for management of the fishery resources by all the riparian states, based on research on the lake's limnological, hydrobiological and hydrographical processes which determine the patterns of fish production in different parts of the lake. This requires the establishment of uniform methods for the collection, analysis and interpretation of the data throughout the lake.
15. Special emphasis would also be put on training, both on-the-job training and training for the transfer of technological expertise through a programme of seminars and short courses to keep all personnel up-to-date with the progress of the overall research programme and to improve their scientific and management skills.
16. Experience showed that the project needed a research vessel that could undertake major lake-wide surveys of fish stocks and limnological conditions. Also, remote sensing technology could be used to monitor many lake-wide limnological phenomena to the advantage of the project. The project foresaw both of these needs and provided for them.
17. The project administration included a project Coordinating Committee as well as a Scientific Committee. Project management was open and flexible in the sense that it could work in close cooperation with other projects and was able to incorporate the scientific results of other research or projects.
18. The research itself involved the following three components:
Hydrobiology and limnology, with a special emphasis on the mechanisms of primary production and particularly fish production in the lake.
Fish stock assessment, including both echo-sounding surveys and assessment of both nominal and effective fishing efforts.
Fish biology and ecology, including particularly the fish migration patterns.
19. The duration of the project was currently planned for 5 years, including an 18-month preparatory phase.
20. The proposed budget for the project was in excess of US$ 4 million, although the possible procurement of a research vessel would add to this figure.
21. The CIFA Sub-Committee for Lake Tanganyika endorsed the following recommendation:
Taking into account the Report of the Project Mobilization Mission (CIFA:DM:LT/Inf.4) and the accompanying review of research1, notes that the value of Lake Tanganyika for the riparian states and their population involves several important socio-economic components:
a provider of fish in the amount of some 85 000 tonnes annually and thus a major source of food and animal protein as well as income to the local communities and direct employment for some 36 000 fishermen.
a supply of potable water for lake-side communities and water for local industries and agriculture. The Sub-Committee emphasizes that there is no alternative way to provide for these values if the water is made unusable by some means, e.g. through pollution or siltation.
an avenue of navigation, communication and transport for the benefit of local and regional economies.
an ecological amenity that has great tourist potential, but also requires conservation of its unique scenery and rich endemic fauna, if this potential is to be realized.
Recognizing the necessity for the riparian countries to join in common management efforts of the lake and its multitude of irreplaceable natural resources and fully supporting such efforts.
Considering that Lake Tanganyika Regional Fisheries Research Project by virtue of its development objectives, which include: (i) research to determine the biological basis for fish production for the formulation of a lake-wide fisheries policy and development plans and (ii) the initiation of regional cooperation between the four riparian countries for the management of the resources and the assessment of environmental issues for the lake at large, will be an excellent and unique model for cooperation on the lake and also for other shared lakes in Africa.
Recognizing that Lake Tanganyika Regional Fisheries Project, when operational, will (i) promote North/South cooperation and collaboration in research and training, (ii) contribute to environmental protection and sound resource management, (iii) bring together universities and research organizations as well as the scientific communities at large, and (iv) act as a major tool for the long-term protection of the environment to enable the sustainable development of the fishery resources of the lake.
Considering the urgent need for the results of research to be conducted by the project, particularly for fishery development guidelines and for regional management of fishery resources.
Noting that this core project would allow other donors and other projects to complement and contribute to the common aim of building the basis for the regional management of the lake as an invaluable resource.
Wishes to note its appreciation particularly to FINNIDA and also to AGFUND, NORAD, EEC, GTZ, Japan and Belgium for the interest they are taking in this project and to FAO for its continuous support in seeking funds for its implementation.
Suggests that the preparatory phase of the Regional Project involves local counterparts in the administration and running of the project from the start. Furthermore, suggests also that provisions be made for one expert in each research centre and for adequate rotation of experts between stations.
Recommends strongly and unanimously that the Regional Fisheries Research Project be implemented early in 1990 and urges the FAO Secretariat to submit the final project proposal to Finland soonest.
22. The Secretariat introduced the discussion of point 5 (Harmonization of Fisheries Legislation for Lake Tanganyika) on the basis of document CIFA:DM/LT/89/2 - The Outlook for the Harmonization of Lake Tanganyika Fisheries Legislation - and CIFA:DM/LT/89/5 - Study of Arrangements entered into by States Bordering the Same Lake in other Regions of the World. Recalling that the Fourth Session of the Sub-Committee had requested the organization of a workshop which the present agenda item replaced, the Secretariat proposed to offer a series of background presentations as a basis for the Sub-Committee's discussion.
23. The first presentation dealt with the principles of fisheries legislation. Fisheries legislation was described as a tool for implementing a policy of fisheries management. The basic objective of fisheries management, it was suggested, was to obtain the maximum net benefits from the fishery. The variety of benefits, in economic, nutritional and social terms was described, as well as the costs involved in realizing them. It was concluded that the combination of costs and benefits, and the management strategy for obtaining them, would vary among countries and from fishery to fishery. This required a fisheries law that could be adjusted as well.
24. The basic elements of a modern fisheries law were described next. Particular attention was paid to planning as a central element, providing the rational basis for management and development decisions. It was suggested that the basic contents of a fisheries plan should be (i) state of the fishery, (ii) management objectives, (iii) regulatory and licensing measures to achieve objectives, and (iv) further information required for future planning.
25. Control of access to fisheries was described as a basic function of the resource manager. Most countries control access by nationality preferring local fishermen, and the problems of defining nationality for this purpose were referred to. The uses of licenses and access agreements were also discussed.
26. Fees were described both as sources of revenue and as complementary measures to control access. It was suggested that particular care be taken to structure fees in a from that minimized problems of calculation and collection.
27. Management measures were described as a traditional element of fisheries laws, with the additional advice that the measures must be evaluated in terms both of biological and economic value. This was an essential role for the fisheries plan. A number of management measures were examined in terms of their effectiveness and enforceability.
28. Statistics were described as a weak sector requiring a programme for improvement. Legal requirements were relatively simple: collection and analysis of statistics should be a duty of the fisheries administrations and giving information should be a duty of the fisheries sector. The Sub-Committee was advised against requiring artisanal fishermen to fill out statistical forms.
29. Fisheries research is usually dealt with as a separate category in fisheries legislation, since it is not appropriate to apply commercial fishing provisions, such as fees and gear regulations to research vessels. Some special enforcement powers needed to be included in fisheries legislation, above all the power to stop and/or inspect fishing vessels on a routine basis.
30. Enforcement of fisheries legislation was stated to be a question of cost-effectiveness. The approach that FAO had found to be cost-effective was based on conditions that were easy to comply with and easy to enforce. The necessary enforcement powers of management provisions differed somewhat from general police or criminal provisions, such as the necessity of stopping and inspecting fishing vessels on a routine basis. Penalties in fisheries also differed from those in general law in their increasing emphasis on fines instead of imprisonment and on forfeitures. Other elements sometimes included in fisheries legislation were mentioned only briefly.
31. The second presentation referred specifically to paper 89/2. This document had been prepared upon the request of the Sub-Committee and had to be read in liaison with the revised version of the Compendium of Fisheries Legislation (FL/IOR/87/20, Rev.1) which was distributed to the participants.
32. The Secretariat first reviewed the status of fishery resources and industry and presented recent legislative developments and then focussed on the question of harmonization of fisheries legislation.
33. It was pointed out that this question had already been raised during the Third and the Fourth Sessions of the Sub-Committee, the Secretariat reviewed the reasons which called for the harmonization of legislations and the obstacles that this process could encounter. Four reasons for harmonization were suggested. Firstly, it would lead to more rational exploitation of resources, particularly in the case of Lake Tanganyika where most of the stocks are shared. Secondly, harmonization would reduce the risk of harmful fishery practices taking place in the lake. Thirdly, it would be an essential prerequisite for a joint control and surveillance system. Fourthly, and lastly, harmonized regulations would facilitate comparison of statistical data. However, some objections of legal, technical and political nature could be raised. Of those obstacles it was felt by all the delegates that the lack of knowledge on the resources and fisheries of the lake was the most substantial one.
34. The Secretariat identified the main areas on which there appeared to be a need for harmonization with respect to the provisions contained in the existing legislation. These areas included: (i) collection and analysis of statistical data; (ii) fisheries development and management planning; (iii) categories of fishing operations; (iv) fishing licenses; (v) fishing efforts and conservation measures; (vi) introduction of non-indigenous species; (vii) other water uses which could affect fisheries; (viii) access of a States's vessels to waters under the jurisdiction of the other States; and (ix) status of research vessels.
35. A considerable exchange of views followed. During the discussion the need for cooperation and collaboration was recognized by the Sub-Committee, in particular with respect to points (i), (ii), (iii), (v), (vi), (vii) and (ix). It was also felt that the Regional Research Project would give substantial impetus to cooperation in these areas. A number of delegations said that only after the Regional Research Project was operational and on the basis of its results, could harmonization be achieved. However, with respect to the categories of fishing operations (iii), introduction of non-indigenous species (vi), and the status of research vessels (ix), the Sub-Committee agreed that action was needed by Member Countries to facilitate uniformity in dealing with the above issues.
36. Regarding more specifically the areas in which harmonization could be sought as listed in the paper, the Sub-Committee discussed them point by point.
(i) Collection and Analysis of Statistical Data
37. The Sub-Committee recognized the fundamental importance of improved and coordinated statistical systems and expressed the hope that a regional programme of assistance with national training components could be undertaken. The delegation of Zaire, after having recalled that this item had already been examined by the Third and Fourth Sessions of the Sub-Committee, enquired about the possible assistance which could be provided by the Project UNDP/FAO - RAF/87/099.
38. In response, the UNDP/FAO Regional Inland Fisheries Planning Project (IFIP) RAF/87/099, indicated that it could assist the riparian States of Lake Tanganyika in the establishment and development of viable fishery statistical systems. The IFIP Project would work in close collaboration with national Fishery Administrations and Fishery Projects dealing with fishery statistics. The extent of the activities of the IFIP Project in this sector would depend on available financial means and other requests and priorities indicated by participating countries. In view of this, the Sub-Committee recommended that the FAO Secretariat ensures that IFIP organizes statistical workshops at both the regional and national levels before its next Session.
(ii) Fisheries Development and Management Planning
39. Concerning joint fisheries for Lake Tanganyika, it was emphasized that such planning could be envisaged as soon as the first results of the Regional Research Project were to be known. Burundi expressly asked for FAO assistance in formulating national plans in countries in which such plans were not in place.
(iii) Categories of fishing operations
40. The Sub-Committee recognized that the differences in the classification of fishing vessels made comparison difficult. It was therefore suggested that the Secretariat should follow up this matter and that it should make proposals for a common classification of fishing vessels.
(iv) Fishing Licenses
41. The delegations felt that the issuance of licenses and the level of fees were an expression of national sovereignty. However, harmonization in the area of controlling fishing effort as a management tool depending on the management objective being pursued, may be considered as research progresses and adequate management data becomes available.
(v) Fishing Efforts and Conservation Measures
42. The Sub-Committee agreed on a better consultation and exchange of experiences between the riparian States. Zambia suggested that the Regional Research Project should provide the necessary information for the formulation of common management policies which will call for common enforcement.
(vi) Introduction of Non-Indigenous Species
43. The Sub-Committee considered that immediate implementation of the measures proposed in the document CIFA:DM/LT/89/2 should be sought. In particular it was agreed that introduction of non-indigenous species into Lake Tanganyika must be strictly prohibited unless by common agreement of the riparian countries.
(vii) Water Uses and their Effect in Fisheries
44. In respect to water uses which could have an adverse effect on fisheries, the Sub-Committee considered favourably the proposals contained in the paper in particular with respect to the obligation of consultation. However, it was recognized that no effective action could be undertaken without the participation of other ministries. Notwithstanding this constraint, the Sub-Committee urged the national authorities responsible for fisheries to ensure that their national legislation takes into account fisheries interests.
(viii) Access to Fishery Resources
45. No agreement could be found relating to access of vessels to waters under the jurisdiction of other States. Some delegations considered the practical difficulties that access of foreign fishing vessels will cause whereas other delegates considered that this question should be discussed on a bilateral level.
(ix) Status of Research Vessels
46. The Sub-Committee unanimously agreed that the four riparian countries should allow any research vessel operating in the framework of a regional project to enter their territorial waters without undue hindrance. The Sub-Committee considered that appropriate provision should be added to legislation which did not already provide for access by research vessels.
47. The Sub-Committee then considered the document CIFA:DM/LT/89/5 - Study of Arrangements entered into by States bordering the Same Lake in Other Regions of the World. The document presented four examples of agreements relating to shared lakes between France and Switzerland, Italy and Switzerland, the Great Lakes bordering Canada and the United States, and Lake Chad.
48. A comparative analysis of those agreements reached the conclusion that there was a certain latitude in the scope and purpose of such arrangements. In fact, the four agreements are different in their extent, in the obligations they impose upon States, in their objectives, and in the formal structure under which they operate.
49. It was, however, noted that there was a striking common factor among them, which is that they all provide for the creation of commission in charge of ensuring compliance with the terms of the agreement and which provides a regular forum for the exchange of information.
50. The delegation of Tanzania thanked the Secretariat for this information and suggested that when regional cooperation in Lake Tanganyika had reached an appropriate stage, the Sub-Committee might consider the creation of a commission for the lake.
51. Under agenda item 6 the Secretariat introduced document CIFA:DM/LT/89/4 - Proposed Revised Terms of Reference of the Sub-Committee. The Sub-Committee examined its own terms of reference and compared them to those of the Committee for Inland Fisheries of Africa (CIFA) and also to those of the CIFA Sub-Committee for Lake Victoria.
52. While the Sub-Committee realized that its own terms of reference could be improved, it was however of the opinion that those of the CIFA were probably too general for Lake Tanganyika. Furthermore, it noted that the terms of reference of the Sub-Committee for Lake Victoria were more specific and better suited to a single water body. It therefore revised its terms of reference accordingly. These are given in Appendix D.
53. In accordance with CIFA Rules of Procedure IX.5, the revised terms of reference, approved by the Sub-Committee, will be submitted to the Eighth Session of CIFA for approval by the Committee.
54. An ad hoc meeting of the four countries bordering Lake Tanganyika was organized by EEC to discuss follow-up to previous EEC missions in the region. The Sub-Committee was informed of the conclusions of that ad hoc meeting and endorsed the conclusion reached by the participants which is embodied in the following recommendation.
On the basis of the project proposal, already submitted to EEC through the Sub-Committee, at its Third Session in 1985, by the four Members of the CIFA Sub-Committee for Lake Tanganyika and in recognition of the urgent need to coordinate and promote collaboration and cooperation in developing the fisheries in Lake Tanganyika, the Sub-Committee recommends to EEC to follow up the request by sending another mission to the area with the objective of identifying a regional project and national projects that can be developed and funded by EEC to be implemented as soon as possible.
The mission should concentrate on (a) the improvement of fishing and processing technologies and their transfer at the regional level through a coordinated research and development programme, (b) the strengthening of fisheries statistics and related information, as required, for proper planning, (c) the development of small-scale fisheries in general including fish marketing.
55. The Sub-Committee requested the Secretariat to forward the above recommendation in due form to EEC and liaise with it for its implementation.
56. The Sub-Committee requested that documentation be distributed well in advance of sessions of the Sub-Committee because many subjects require consultation with national authorities prior to the meeting.
57. The Sub-Committee requested urgent assistance from FAO in developing a common approach and methodology in the collection and analysis of statistics, information and data.
58. At the suggestion of the delegation of Tanzania the Sub-Committee agreed that the main theme of the Sixth Session of the Sub-Committee be management and development of artisanal fisheries.
59. The Sub-Committee suggested that the date and place of the Sixth Session be determined by the Director-General of FAO taking due consideration of the starting date of Lake Tanganyika Regional Fisheries Research Project.
60. This report was adopted on 8 December 1989.
