ANALYSIS OF TANZANIAANALYSIS OF TANZANIA ’’S LEGISLATION S LEGISLATION IN THE CONTEXT OF THE INTERNATIONAL IN THE CONTEXT OF THE INTERNATIONAL LAW RELATING TO THE PROTECTION AND LAW RELATING TO THE PROTECTION AND PRESERVATION OF ENDANGERED MARINE PRESERVATION OF ENDANGERED MARINE

SPECIESSPECIES

By By

Gloria YonaGloria Yona

UNUN--Nippon fellow 2010 Nippon fellow 2010 -- 20112011

Tanzania in Brief Tanzania in Brief

�� URT was formed out of the union of two URT was formed out of the union of two

sovereign states:sovereign states:

�� Tanganyika Tanganyika

�� People Rep of ZanzibarPeople Rep of Zanzibar

�� They united according to They united according to article of unionarticle of union

in 26/04/1964in 26/04/1964

Tanzania in Brief contTanzania in Brief cont ……....

�� Union thingsUnion things

�� Foreign affairsForeign affairs

�� Defense and Defense and

securitysecurity

�� Police Police

�� Research Research

�� Non Union MatterNon Union Matter

�� Fisheries affairsFisheries affairs

�� Environment issuesEnvironment issues

�� Shipping issues Shipping issues

�� Mining on the Mining on the

continental shelfcontinental shelf

Tanzania in Brief contTanzania in Brief cont ……....

�� Length of coastal Length of coastal

line is line is 1424km1424km

�� Endowed withEndowed with: :

�� coral covers, coral covers,

�� mangrove forest, mangrove forest,

�� seagrass bedsseagrass beds

�� sand beachessand beaches

Tanzania in Brief.Tanzania in Brief. ……....�� Home of several marine spp. including Home of several marine spp. including

EMS under CITESEMS under CITES::

1.1. Marine mammals Marine mammals (whales, dugongs & (whales, dugongs &

dolphins) dolphins)

2.2. FinfishFinfish ––whalewhale--shark & coelacanth & sharks shark & coelacanth & sharks

(top predator)(top predator)

3.3. Marine turtles Marine turtles (green, hawksbills, olive (green, hawksbills, olive

ridley, leatherback &loggerhead) ridley, leatherback &loggerhead)

�� Green & hawksbills they nests Tanzania Green & hawksbills they nests Tanzania

Problem statement & justificationProblem statement & justification�� Tz has clear national legislation on the P&P of Tz has clear national legislation on the P&P of

EMSEMS

�� Has ratified several Has ratified several international instruments international instruments relevant for P&P of EMSrelevant for P&P of EMS

�� Yet the EMS are Yet the EMS are continue to depletecontinue to deplete�� Several studies revealed that the main areSeveral studies revealed that the main are

�� Illegal fishing & habitat destructionsIllegal fishing & habitat destructions

�� byby--catch/incidental catch.catch/incidental catch.

�� Weak enforcement of Fisheries lawWeak enforcement of Fisheries law

�� Therefore, Therefore, this study analyses Tz's Fisheries this study analyses Tz's Fisheries laws in the context of international law relating to laws in the context of international law relating to the P&P of EMS in TMZthe P&P of EMS in TMZ

Results and Discussion Results and Discussion Global instruments relevant for P&P of EMS Global instruments relevant for P&P of EMS

�� UNCLOSUNCLOS Party, ratified 1985Party, ratified 1985

�� CBD CBD Party, ratified 1996Party, ratified 1996

�� CITESCITES Party, ratified 1979Party, ratified 1979

�� CMSCMS Party, adopted 1979Party, adopted 1979

�� Ramsar ConventionRamsar Convention Party, since Party, since 19991999

�� ICRWICRW Not a PartNot a Part

Global Non-legally binding instruments

� FAO-CCRF

� International Plans of Action (IPOAs)

� FAO Guidelines to Reduce Sea Turtle

Mortality in Fishing Operations

Regional binding instrumentsRegional binding instruments

�� Nairobi ConventionNairobi Convention

�� IOTC AgreementIOTC Agreement

�� SADC Protocol on FisheriesSADC Protocol on Fisheries

�� SWIOFC StatutesSWIOFC Statutes

�� Non legal binding instrumentNon legal binding instrument�� The WIO Marine Turtle Conservation Strategy (IUCN/UNEP, The WIO Marine Turtle Conservation Strategy (IUCN/UNEP,

1996).1996).�� Sodwana Declaration (1995)Sodwana Declaration (1995)

�� Memorandum of Understanding on the Conservation and Memorandum of Understanding on the Conservation and Management of Marine Turtles of the Indian Ocean and Management of Marine Turtles of the Indian Ocean and SouthSouth--East Asia (IOSEA)East Asia (IOSEA)

National Fisheries LawsNational Fisheries Laws

1.1. TSEEZA, 1989TSEEZA, 1989

2.2. DSFAA, 2007 DSFAA, 2007

3.3. FA, 2003FA, 2003

4.4. MPRA, 1994 MPRA, 1994

5.5. FA, 2010 of Zanzibar; FA, 2010 of Zanzibar;

Analyzed Gaps/shortcomings Analyzed Gaps/shortcomings

1. TSEEZA, 19891. TSEEZA, 1989�� TSEEZA 1989 was enacted to implement TSEEZA 1989 was enacted to implement

the the UNCLOS 1982, UNCLOS 1982,

Therefore, Therefore,

•• Fisheries, marine environmental issues Fisheries, marine environmental issues

within the EEZ are under URTwithin the EEZ are under URT

•• ZZ’’bar has looses her EEZ.bar has looses her EEZ.

Map of URT EEZMap of URT EEZ

URT EEZ

Zanzibar

Mainland Tanzania

Mafia

1. TSEEZA, 1989 cont1. TSEEZA, 1989 cont ……..

�� Zanzibar FA, 2010 shows thatZanzibar FA, 2010 shows that•• Minister has Minister has power to declare the MPAs power to declare the MPAs

in the EEZ, in the EEZ,

•• Licensing the fishing vessels in their Licensing the fishing vessels in their EEZEEZ

�� These activities are supposed to be done by These activities are supposed to be done by DSFADSFA

This may have an effect on P&P of

EMS

2. DSFAA, 20072. DSFAA, 2007�� DSFAA, 2007 Powered to regulate and control DSFAA, 2007 Powered to regulate and control

fishing in the fishing in the URT EEZURT EEZ. The fxn of DSFA . The fxn of DSFA include:include:� management & control of fishing activities in EEZ � to regulate the licensing of persons & ships intends to

fish in EEZ; & established the enforcement of policies on deep sea fishing vessels;

� to formulate & coordinate programmes for scientific research in respect of fishing;

� to formulate fisheries policies & to negotiate any fishing or fishing cooperation with any government, IO or other institution in pursuance of the provisions of this Act;

2. DSFAA, 2007 cont2. DSFAA, 2007 cont ……..

�� The Act does make neither reference to The Act does make neither reference to MPAsMPAs nor nor marine conservation mandatemarine conservation mandatethat should be exercised by the Authoritythat should be exercised by the Authority

�� No specific or clear provisions on No specific or clear provisions on MCS MCS except that it can be applied with some except that it can be applied with some imagination, since it appears under the imagination, since it appears under the section of Annual budget .section of Annual budget .

UNCLOS Part vii, IPOA IUU sectn 3.2.5 & CCRF Art 7.1.7 & 7.7.3

2. DSFAA, 2007 cont2. DSFAA, 2007 cont ……..

�� It does not comprehensively include aspects It does not comprehensively include aspects art 61 art 61 -- 67 of the UNCLOS67 of the UNCLOS

The CS Duties in their EEZ to cooperate

with other States concerned for

conservation and management of

shared stocks, straddling stocks, highly

migratory stocks, etc.

2. DSFAA, 2007 cont2. DSFAA, 2007 cont ……..

�� Missing Missing -- determine allowable determine allowable catch of catch of living resources in the EEZ living resources in the EEZ

�� Missing Missing -- provisions on the application of provisions on the application of the the precautionary principle precautionary principle for protection for protection of aquatic environmentof aquatic environment

UNCLOS art. 61, SADC Protocol on Fisheries & CCRF

art. 7

3. FA, 20033. FA, 2003�� FA, is the principle Act, FA, is the principle Act, does not explain clearly does not explain clearly

the jurisdictional scope of the Fisheries Act the jurisdictional scope of the Fisheries Act

�� does not include a detailed implementation to does not include a detailed implementation to

protection of turtle nesting or foraging grounds, protection of turtle nesting or foraging grounds,

or the compulsory use of Turtle Excluder or the compulsory use of Turtle Excluder

Devices (TEDs) in trawl netsDevices (TEDs) in trawl nets

CCRF art. 6.8 & 7.7.1., MoU IOSEA art.

IV, FAO Guidelines to Reduce Sea

Turtle Mortality in Fishing Operations

5. Guidelines 4 coastal tourism5. Guidelines 4 coastal tourism

�� There is no provision to protect, conserve There is no provision to protect, conserve & manage the dolphins & whalesharks & manage the dolphins & whalesharks watching in URTwatching in URT

IRWC which Tanzania is

not party of it

6. Law enforcement6. Law enforcement�� Weak penalty for offence of conservation Weak penalty for offence of conservation

of fisheries resources in Zanzibar. of fisheries resources in Zanzibar. �� E.g the use of explosive in fishing.E.g the use of explosive in fishing.

�� In Zanzibar offender shall be liable to a fine of T.Sh In Zanzibar offender shall be liable to a fine of T.Sh 100,000 100,000 -- 5,000,000 or imprisonment for a term of 3 5,000,000 or imprisonment for a term of 3 months months -- 5 years 5 years

�� while in FA 2003 no fine option, offender is liable to while in FA 2003 no fine option, offender is liable to imprisonment of 5 imprisonment of 5 –– 10yrs. The difference in penalty 10yrs. The difference in penalty can weaken the fisheries management. can weaken the fisheries management.

IPOA-IUU under Section 3.2.5 - impose

appropriately severe penalties

Weak enforcement of FAWeak enforcement of FA

�� Lack of awareness and knowledge of Lack of awareness and knowledge of

marine ecosystemmarine ecosystem

�� Weak penalty given by judgesWeak penalty given by judges

�� Lack of observers on board of foreign Lack of observers on board of foreign

vesselsvessels

�� CorruptionCorruption

Dynamite fishing affect EMS Dynamite fishing affect EMS

77. . Enforcement of FA ContEnforcement of FA Cont ……..

�� Little/ insufficient Research information Little/ insufficient Research information of EMSof EMS�� PopulationPopulation�� Reproduction Reproduction �� Habitats Habitats

Recommendations Recommendations �� URT should Harmonize the URT should Harmonize the

differences and cooperate in P&P of differences and cooperate in P&P of

MRMR

�� The Analyzed gaps should be The Analyzed gaps should be

amendedamended

�� The relevant analyzed instrument The relevant analyzed instrument

should be ratified should be ratified

Recommendations Cont..Recommendations Cont..Enforcement of FAEnforcement of FA

�� Awareness and educationAwareness and education�� The local coastal communitiesThe local coastal communities

�� Children educationChildren education

�� Prosecutors, politician and judgesProsecutors, politician and judges

�� Improve the PatrolImprove the Patrol�� Land patrol Land patrol –– target artisanal fisherstarget artisanal fishers

�� sea patrol sea patrol –– Ambush styleAmbush style

�� air patrolair patrol

Enforcement of FA contEnforcement of FA cont ……..

�� Capacity building of law enforcersCapacity building of law enforcers�� Supplied with modern equipmentsSupplied with modern equipments

�� Fast boatFast boat

�� WeaponsWeapons

�� vehiclevehicless

�� Observers should be on board & paid Observers should be on board & paid wellwell

�� Research should be conducted to know Research should be conducted to know the status of EMSthe status of EMS�� Population, Reproduction & Habitats Population, Reproduction & Habitats

Thanks for your attentionThanks for your attention