Review and Update of the Inland Fisheries Act No 108 of 1992

Transcription

1 "Strengthening Fisheries Management in ACP Countries" Final Technical Report Review and Update of the Inland Fisheries Act No 108 of 1992 REFERENCE: WA-1.2-B3 Country: Nigeria 8 November 2013 Assignment implemented by Landell Mills Project Funded by the European Union. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of name of the author and can in no way be taken to reflect the views of the European Union. i The content of this document does not necessarily reflect the views of the concerned governments.

2 Contents CONTENTS... I LIST OF TABLES AND PHOTOGRAPHS... II LIST OF APPENDICES... III ACKNOWLEDGEMENTS... IV ABBREVIATIONS AND ACRONYMS... V EXECUTIVE SUMMARY... VI 1. BACKGROUND APPROACH TO THE ASSIGNMENT COMMENTS ON TERMS OF REFERENCE ORGANIZATION AND METHODOLOGY... 3 a) Delivery of the terms of reference... 3 b) Description of activities carried out CONCLUSIONS AND RECOMMENDATIONS Project Funded by the European Union A project implemented by Landell Mills pg. i

3 List of tables and photographs Tables Table 1 - Delivery of Terms of Reference... 3 Photographs See Appendix 5 Project Funded by the European Union A project implemented by Landell Mills pg. ii

4 List of Appendices Appendix 1 Terms of Reference Appendix 2 Itinerary, institutions and individuals consulted Appendix 3 Inception Report Appendix 4 List of reports and documents consulted Appendix 5 Photographs of project key activities and events Appendix 6 6A 6B 6C 6D 6E Draft Fisheries Act Report of the National Validation Workshop Presentation Slides, National Validation Workshop Report of the Zonal Workshops Report of the Field Visits (Extracted from ITR) Project Funded by the European Union A project implemented by Landell Mills pg. iii

5 Acknowledgements The Consultant wishes to thank the project focal point, Mr Obinna Anozie, who made very significant contributions to the facilitation, organisation and conduct of the assignment. The support to the project of the Acting Director of Fisheries, Ms Foluke Areola, is also acknowledged. In addition, the Consultant wishes to thank: all other staff in the Fisheries Department who contributed helpfully and efficiently both to project organisation and technical inputs, the project s core team : Mr. A. O. Abioye, Mr. J. O. Babatunde, Mr. I. E. Pwaspo, Mr. I. P. Ogar, Mr. J. K. Bobai and Mr. P. D. Abah; and all stakeholders attending the workshops, who participated constructively and actively. Finally, the Consultant also wishes to acknowledge the support of Mr Alioune Sy in assistance with project implementation. Project Funded by the European Union A project implemented by Landell Mills pg. iv

6 Abbreviations and acronyms ACP... Africa, Caribbean and Pacific CU... Coordinating Unit DFTR... Draft Final Technical Report EEZ... Exclusive Economic Zone EU... European Union FAO... Food and Agriculture Organization FDF... Federal Department of Fisheries FISON... Fisheries Society of Nigeria FTR... Final Technical Report IR... Inception Report IUU... Illegal, Unreported and Unregulated fishing KE... Key Expert MCS... Monitoring, Control and Surveillance NGO... Non-Governmental Organisation NFFRI... National Freshwater and Fishery Research Institute NOSDRA... National Oil Spill Detection and Response Agency NUFAS... Nigerian Union of Fishermen and Seafood Dealers RFU... Regional Facilitation Unit VMS... Vessel Monitoring System Project Funded by the European Union A project implemented by Landell Mills pg. v

7 Executive summary 1. This report (the Final Technical Report) presents the work and results of the project. The overall purpose and results to be achieved by the Project are recalled as follows: The purpose of this assignment is to support the Federal Department of Fisheries to review and update the Inland Fisheries Act No. 108 of 1992 to improve inland fisheries governance. The results to be achieved include: o a gap analysis outlining the strengths and weaknesses of the Inland Fisheries Act No. 108 of 1992, taking into account the constraints and needs for improvement of inland fisheries management, is carried out; Project activities o legislation which may have a direct or indirect impact on inland fisheries activities is examined and recommendations for their modifications formulated; o a draft Inland Fisheries Act is formulated; o the draft Inland Fisheries Act is discussed and validated by all stakeholders through a participatory process. 2. As foreseen in the ToR, a series of consultative activities were carried out including: consultations with the Federal Department of Fisheries (FDF) facilitated by the establishment of a core team of senior staff; a series of field visits to selected institutions and fishing communities (covering Niger State, New Bussa, Nasarawa State, Akwa Ibom State, Ibakam Kano State, Imo State) to consult on inland fisheries issues and needs at the local level; six Zonal Workshops (one covering each geopolitical zone, in: Minna, Gombe, Kaduna, Calabar, Ibadan and Enugu) at which the first draft of the new Act was presented and reviewed; and a National Validation Workshop, in Abuja, attended by senior stakeholders from the fisheries sector and related government departments, at which a revised draft Act was presented and reviewed. 3. Through these processes, three versions of the draft Act were developed the first prior to the Zonal Workshops, with subsequent drafts being produced, respectively, to take account of the results of the Zonal Workshops and the National Validation Workshop. Reports were also produced of the workshops. Project Funded by the European Union A project implemented by Landell Mills pg. vi

8 Project results 4. The project was perceived as having a high value both by the FDF, and by stakeholders. It was consistently observed through the various project processes that fisheries sector stakeholders consider there is a substantial need for a new inland (and sea) fisheries law in Nigeria. There was overall support for content and approach in the draft Act, and a recognition that the draft Act could bring improvements to the management of the inland fisheries sub-sector if it can be passed into law. The key outcome of the project, therefore, is a proposal for a new fisheries law which is considerably more suitable for the Nigerian fishing industry than the current law. Recommendations 5. The following recommendations are made: Recommendation 1: Initiate a process to take forward the proposed Act, as produced by the participants in this project, with a view to being able to introduce the proposal to the National Assembly within one year. This will require specific leadership within the Federal Department of Fisheries. Recommendation 2: The draft text should be consulted on further, including if practical through the National Fisheries Development Council as the high-level policy stakeholder forum. Recommendation 3: The draft text should be submitted to legal drafters in the Ministry of Agriculture and in the Ministry of Justice prior to submission to the National Assembly. Recommendation 4: FDF should elaborate, in consultation with stakeholders, policy proposals for the implementation of the Act (e.g. concerning the creation of the Act s new institutions, development of fisheries management plans, etc.) which will demonstrate the feasibility of the Act and project the manner in which it could be implemented. Recommendation 5: A strategy will need to be developed and carried out at the political level in order to ensure the proposal receives sufficient priority and attention in the national political and parliamentary institutions. Implementation of this strategy will require cooperation between FDF, State Governments and all other stakeholders. Project Funded by the European Union A project implemented by Landell Mills pg. vii

9 1. Background 1. This report (the Final Technical Report) presents the work and results of the project, and builds on the reports submitted previously (Inception Report, submitted 9 May 2013 and Interim Technical Report, submitted 26 September 2013). 2. The need for this project intervention arises from the fact that the current Inland Fisheries Act, adopted in 1992, is considered to be out-dated and insufficient for the modern needs. Two broad factors give rise to this: First, since the enactment of the Inland Fisheries Act in 1992, industrialization of the country has intensified, modern fishing gears and other technologies have been introduced and penalties are no longer a deterrent as a consequence of inflation. Second, the Act fails to address many key aspects critical to effective governance (discussed below) and in particular does not reflect modern international policy and management standards, as reflected in international fisheries instruments such as the FAO Code of Conduct for Responsible Fisheries and other regional and global mechanisms which apply to Nigeria. 3. It is therefore widely accepted that a new legal framework for inland fisheries should be developed. The new Act must, however, fit within the constitutional and other legal frameworks applicable to fisheries in Nigeria, which have not changed significantly since In accordance with the 1999 Constitution, the management of inland fisheries resources lies with the State level of government through their Fisheries Department placed under the State Ministry of Agriculture and headed by a State Director of Fisheries. In water bodies (excluding rivers) extending in more than 1 state, however, the management of the fisheries resources is entrusted to the FDF. The FDF is also responsible for policy formulation, programme development, regulations and quality control. At the local level, fisheries are managed in a variety of ways, including modern and traditional systems of management. 4. The overall purpose and results to be achieved by the Project are recalled as follows: The purpose of this assignment is to support the Federal Department of Fisheries to review and update the Inland Fisheries Act No. 108 of 1992 to improve inland fisheries governance. The results to be achieved include: o a gap analysis outlining the strengths and weaknesses of the Inland Fisheries Act No. 108 of 1992, taking into account the constraints and needs for improvement of inland fisheries management, is carried out; Project Funded by the European Union A project implemented by Landell Mills pg. 1

10 o legislation which may have a direct or indirect impact on inland fisheries activities is examined and recommendations for their modifications formulated; o a draft Inland Fisheries Act is formulated; o the draft Inland Fisheries Act is discussed and validated by all stakeholders through a participatory process. 2. Approach to the assignment 5. The Consultant s overall approach was based on three main strategies: The legal expert s objective expert assessment of what is needed in a modern fisheries law, taking account of the latest international standards and best practice techniques both with respect to fisheries law, policy and management (e.g. integration into legislation of concepts such as the precautionary approach, ecosystem approach, use of best available scientific information, fisheries administration, governance and enforcement, co-management, etc.) and with respect to good law-making (e.g. ensuring laws are proportionate, consistent, effective, etc.). Alignment with government policy objectives and goals, taking account of the expressed needs and instructions of the FDF, in close discussion and consultation with the core team, Director (and, as necessary, Permanent Secretary and Minister) as well as other key government stakeholders. Stakeholder validation, informed by the field visits and other stakeholder consultations (along with KE2 s considerable knowledge of the Nigerian fisheries sector), and carried out through the zonal and national workshops. 6. An additional element of the strategy was to foster local ownership of the resulting deliverables, through both an inclusive and consultative approach to all activities and also through identification of potential strategies and personal champions for taking the next steps to enact the draft Fisheries Act. This was implemented with continual consultation and progress reporting with the government stakeholders (e.g. the FDF and other government administrations), the non-government public stakeholders and private sector stakeholders (e.g. associated government departments, civil society organisations, fisherfolk and private sector business entities). 3. Comments on Terms of Reference 7. The Terms of Reference generated no significant challenges, and implementation of the terms of reference was achieved as foreseen and in full. 8. The key comment on the terms of reference concerns the specific request of the FDF for the work on this assignment on the Inland Fisheries Act to be integrated with the previous Project Funded by the European Union A project implemented by Landell Mills pg. 2

11 assignment on the Sea Fisheries Act, so as to produce a single piece of legislation. This was outlined in the Inception Report, and subsequently adopted as the agreed approach after consultation between the Consultant, FDF, CU and RFU. 9. It was recalled that the advantages to FDF in this were: there would be a single code for fisheries law in the country; only one piece of legislation would need to be managed through the legislature (a challenging process, as evidenced by the Sea Fisheries Act remaining in draft); a number of provisions would in any case be common or largely common (for example, general principles, some aspects of governance/administration, some aspects of MCS and sanctions, environmental protection measures); the FDF wished the institutional arrangements to be the same for all components of the fisheries sector i.e. federal fisheries matters under the responsibility of a newly established Fisheries Commission. 10. It will also be recalled that the approach was considered to be within the existing ToR, as the approach to the assignment had to be adapted in any case to beneficiary requirements, and the ToR also foresaw recommendations being made on adaptations required to existing legislation (for which the draft Sea Fisheries Act should logically be included). 11. Additionally, it should be noted that, as foreseen in the ToR, and the Consultant s proposal, project events were reviewed in light of the security situation in Nigeria. As reported in the Interim Technical Report, official travel advice from the UK Foreign and Commonwealth Advice advised against travel by UK nationals to two of the proposed locations for the Zonal Workshops Gombe and Kaduna. (Security threats increase high risks of terrorist attacks and kidnappings). These two workshops were therefore facilitated by KE2 and core team members without KE1 (although preparations were conducted jointly by the KEs). 4. Organisation and Methodology a) Delivery of the terms of reference Table 1 - Delivery of Terms of Reference Terms of reference How delivered through assignment Project Funded by the European Union A project implemented by Landell Mills pg. 3

12 1 Briefing with RFU and the focal point of ACP Fish II programme for Nigeria. 2 Set up a working group to monitor project implementation and to advise the consultant in the legislative review process. 3 Identify and collect the documentation having a direct or indirect bearing on inland fisheries, including existing fisheries legislation and regulations, fisheries policies, and any relevant studies. 4 Consultation meetings with the Federal Department of Fisheries and other key stakeholders in Abuja. 5 Field visits in selected states and landing sites and meetings with local stakeholders. 6 Review the documents mentioned in item (3) above so as to identify and address key inland fisheries management issues. 7 Prepare a gap analysis of the Inland Fisheries Act No. 108 of 1992 outlining its strengths and weaknesses. 8 Based on the findings of the review and gap analysis under items (6) and (7), devise, in close consultation with the FDF and the working group, a draft Inland Fisheries Act and formulate recommendations for the modifications of legislation governing activities which Completed. (See Inception Report.) Completed. (See Inception Report.) Completed. (See Inception Report.) Additional documents were collected during the field visits (including State edicts on inland fisheries) and have been reviewed. Completed. (See Inception Report.) Completed. These took place between 19 August and 4 September, and a report was produced. See paras and Appendix 6E. Completed. Key issues were identified, and reviewed the key inland fisheries management issues were kept under review during the zonal consultations. Completed. An assessment of the current Act and a comparison with a more comprehensive model was undertaken, and possible new innovations to be included were discussed with the core team. The results of the gaps analysis are set out in the Interim Technical Report. Completed. The first draft of the proposed Act was completed prior to the Zonal Workshops the text is reproduced in the Interim Technical Report. As agreed, the text was integrated with the earlier draft Sea Fisheries Act, so as to produce a single piece of legislation. (See paras and Project Funded by the European Union A project implemented by Landell Mills pg. 4

13 may have direct or indirect impact on inland fisheries. 9 Present the draft Inland Fisheries Act to key stakeholders (federal and state level fisheries officers, private sector and local fishing communities) at six regional (zonal) workshops. 10 Review the draft Inland Fisheries Act incorporating the relevant conclusions and recommendations of the 6 Zonal Workshops. 11 Present the second draft Inland Fisheries Act to key stakeholders at a national workshop to be held in Abuja. 12 Make arrangements for the workshops mentioned in items (9) and (11). 13 Finalize the draft Inland Fisheries Act in consultation with the Federal and State Departments of Fisheries and the working group taking account of the conclusions and recommendations made by the participants to the national workshop. Interim Technical Report). Completed. The six Zonal Workshops were organised and completed as foreseen in Minna, Gombe, Kaduna, Calabar, Ibadan and Enugu. (See paras and Appendix 6D). Completed. Following the Zonal Workshops, an updated draft was developed for the national workshop, taking into account the key conclusions of the workshops (see paras ). Completed. The National Validation Workshop took place in Abuja from October, and the revised draft Act was presented and reviewed (see paras , Appendix 6B and Appendix 6C). Completed. All logistical and other arrangements were successfully completed. Completed. An updated draft Act was produced after the national workshop, and circulated to participants for comments (see paras ). 14 Compilation of the required reports. In progress. The Final Technical Report and Final Report will be completed, following approval of the DFTR. Project Funded by the European Union A project implemented by Landell Mills pg. 5

14 b) Description of activities carried out 12. The following is a detailed overview of project activities. Initial consultations 13. Initial consultations between the Key Experts and the FDF focal point took place prior to and during the first mission, organised from 12 th August through to 4 th September (completion of the field visits). Further meetings continued between the Inland Fisheries Specialist (and the Team Leader by Skype) throughout September. A core team / working group was established as follows: Mr. A. O. Abioye - Deputy Director of Fisheries - MCS Division Mr. J. O. Babatunde - Assistant Director of Fisheries - Marine Industrial Fisheries Division Mr. I. E. Pwaspo - Assistant Director of Fisheries - Aquaculture Division Mr. I. P. Ogar - Assistant Director of Fisheries - Fish Processing & Marketing Division Mr. J. K. Bobai - Chief Fisheries Officer - Artisanal Fisheries Mr. P. D. Abah - Asst. Fisheries Officer - Fisheries Support Services Field visits 14. The field visits took place between 19 th August and 4th September, and were undertaken by the Inland Fisheries Specialist in conjunction with the Federal Desk Officer on the Project (Mr. Obinna Anozie) and joined on specific visits by the Federal Fisheries Field Officer and the State Fisheries Director of Fisheries in the States visited. The places visited included: Institution/Stake holders Zone 1 Niger State Department of Fisheries, National Fresh Water Fisheries North Research Institute, New Bussa and Fisherfolk Central 2 Nasarawa State University North Central 3 Akwa Ibom State Department of Fisheries and Ibaka fisherfolk South South 4 Kano State Department of Fisheries and Fisherfolk at Rurum North West 5 Imo State Director of Fisheries and fisherfolk at Oguta. South East 15. Following the field visits, a report was compiled and the results were discussed between the Key Experts and with the FDF core team. The report is reproduced in Appendix 6E. The key conclusions from the field visits were: Project Funded by the European Union A project implemented by Landell Mills pg. 6

15 Confirmation of the need for improved laws and management for inland fisheries. Most States have no extant laws on inland fisheries. Where laws exist, they are often out-dated, inadequate in scope/application and poorly implemented. Enforcement is typically minimal, a main factor appearing to be poor funding support from the State Government. Within fisheries, most States give priority to aquaculture with little support to capture fisheries (in part because aquaculture is easier to manage, and attracts less customary right complications). Many of the large reservoirs in States are owned by the Federal government and this often restricts the influence of the State in the water management plan. Collaboration between States in water resources management in water bodies connecting more than one State is not in existence. Community based management of water bodies appears to show the greatest prospect for sustainable water resources utilisation it is well understood by stakeholders, supported by them and may provide the momentum or motivation needed for effective management that is currently lacking at the State level. Zonal workshops 16. As foreseen in the ToR, six Zonal Workshops (one in each of Nigeria s geopolitical zones) were organised with the aim of presenting and reviewing the first draft of the Inland Fisheries Act by the KEs to key stakeholders (federal and state level fisheries officers, private sector and local fishing communities). The schedule of workshops was as follows: North Central (Minna) 30 September North East (Gombe) 2 October North West (Kaduna) 4 October South South (Calabar) 7 October South West (Ibadan) 9 October South East (Enugu) 11 October 17. Proceedings were by way of a step-by-step review of each clause of the Act (pertaining to inland fisheries) and taking observations, suggestions and recommendations as necessary. A summary of the Zonal Workshops is provided in Appendix 6D. Key issues addressed included: application / scope of the draft Act (e.g. whether it should extend to privately-owned inland water bodies) need to define more comprehensively the relationship between Federal, State (and possibly local government) in the Act membership, functions and procedures of the Fisheries Commission, Council and Forum Project Funded by the European Union A project implemented by Landell Mills pg. 7

16 co-management implementation of fisheries management plans licence fees roles of fisheries officers and the police extension of the jurisdiction of inland fisheries to the non-trawling zone of Nigerian marine waters. 18. Following the Zonal Workshops, an updated version of the draft Act was produced (see below). National Validation Workshops 19. The National Validation Workshop on the draft Fisheries Act was held on October 2013 at the Rockview Royale Hotel, Abuja. Over 30 senior stakeholders from the fisheries sector attended, including senior staff from the Federal Department of Fisheries, State Directors of Fisheries, other fisheries sector leaders from the private sector and NGOs and representatives of other concerned government ministries (e.g. environment, justice/legal affairs, police, oil spills response, etc.). 20. A full report of the Workshop is provided in Appendix 6B (and a copy of the presentation slides at Appendix 6C). Key elements of the Workshop included: a review of the project background and activities by the Project Consultants, along with a presentation of the objectives and main content of the draft Act; a review of the results of the field visits and the Zonal Workshops; comprehensive discussions on key issues in the draft, together with a review of specific legislative drafting issues; validation by participants of the general content and approach of the draft Act, as a document to be taken forward for the fisheries sector; discussion of the challenges and next steps in taking the draft Act forward, with a view to enacting the new fisheries law. 21. The National Workshop confirmed earlier observations that there is a substantial need for, and a strong interest in, a new inland fisheries law in Nigeria. There was overall support for content and approach in the draft Act, and a recognition that the draft Act could bring improvements to the management of the inland fisheries sub-sector if it can be passed into law. 22. The Workshop resulted in several substantial recommendations for adjustments to the draft Act, particularly in relation to the establishment of the Fisheries Commission and the strengthening of the administrative and financial provisions. Many other points of detail Project Funded by the European Union A project implemented by Landell Mills pg. 8

17 were considered, while additional observations from some participants were not presented due to lack of time. It was therefore agreed that the Workshop report and the revised draft Act would be circulated, once ready, to Workshop participants for further comment. (These will be compiled by the FDF, and made available to the Consultant as part of the review of the DFTR). Draft Act 23. The first draft of the proposed Act was developed in advance of the Zonal Workshops, in close cooperation with the FDF and taking account of the results of the analysis and field visits. (This version of the text was reproduced in the Interim Technical Report). 24. As has been noted, it was agreed that the text be integrated with the earlier draft Sea Fisheries Act, so as to produce a single piece of legislation. At this stage there were a number of substantial policy questions to consider with stakeholders and the FDF concerning how the Act might be structured and what it might do (for example, the role and structure of the Advisory Council in respect of inland fisheries, the legal framework for co-management, enforcement powers of Federal officers, etc.). Specific recommendations or questions were noted in the draft text and discussed at the Zonal Workshops. 25. Following the Zonal Workshops, an updated draft was developed for the national workshop, taking into account the key conclusions of the workshops. Final drafting and next steps 26. Following the National Validation Workshop, the draft text was finalised taking into account the comments and recommendations from the Workshop. A meeting report was also prepared following the national workshop and was sent, along with the updated draft Fisheries Act, to FDF for distribution to the National Workshop participants. The final draft is reproduced in Appendix 6A and the Workshop Report is reproduced in Appendix 6B. 27. Given the importance of some of the changes emerging from the National Validation Workshop, and in order to present the draft as accurately as possible for future use, National Workshop participants have been invited to send further comments. Visibility activities 28. Project visibility was ensured at all stages. All press and other communication materials, publications and workshop presentations presented the ACP Fish II credentials, and the background to and purpose of the ACP Fish II programme was explained to participants at the Community Consultations and the National Validation Workshop. Various communication and publicity activities were carried out, and the workshop process was reported in national media. Project Funded by the European Union A project implemented by Landell Mills pg. 9

18 5. Conclusions and recommendations 29. The project was perceived as having a high value both by the FDF, and by stakeholders. It was consistently observed through the various project processes that fisheries sector stakeholders consider there is a substantial need for a new inland (and sea) fisheries law in Nigeria. There was overall support for content and approach in the draft Act, and a recognition that the draft Act could bring improvements to the management of the inland fisheries sub-sector if it can be passed into law. The key outcome of the project, therefore, is a proposal for a new fisheries law which is considerably more suitable for the Nigerian fishing industry than the current law. 30. The major recommendation of this project must therefore be to take forward this process, as expeditiously as possible, with a view to obtaining the reforms foreseen in the proposed Act. Recommendation 1: Initiate a process to take forward the proposed Act, as produced by the participants in this project, with a view to being able to introduce the proposal to the National Assembly within one year. This will require specific leadership within the Federal Department of Fisheries. 31. It is recognised that at this stage, the draft Act is not finalised. An internal review process, involving the FDF, needs to be completed and further consultations on some issues may be required with State fisheries departments, NGOs and the private sector, etc. This process will also be invaluable in building visible sectoral and political support for the proposed new Act. Recommendation 2: The draft text should be consulted on further, including if practical through the National Fisheries Development Council as the high-level policy stakeholder forum. 32. Further steps will also be required to bring the proposed new Act to a position where it can be presented to the National Assembly. Some of these are technical, some are policyrelated and some are political. Recommendation 3: The draft text should be submitted to legal drafters in the Ministry of Agriculture and in the Ministry of Justice prior to submission to the National Assembly. Recommendation 4: FDF should elaborate, in consultation with stakeholders, policy proposals for the implementation of the Act (e.g. concerning the creation of the Act s new institutions, development of fisheries management plans, etc.) which will demonstrate the feasibility of the Act and project the manner in which it could be implemented. Recommendation 5: A strategy will need to be developed and carried out at the political level in order to ensure the proposal receives sufficient priority and attention in the Project Funded by the European Union A project implemented by Landell Mills pg. 10

19 national political and parliamentary institutions. Implementation of this strategy will require cooperation between FDF, State Governments and all other stakeholders. Project Funded by the European Union A project implemented by Landell Mills pg. 11