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FAO LEGAL PAPERS No. 94

ImplementationoftheVoluntaryGuidelinesonResponsibleGovernanceofTenureandonSustainableSmall‐ScaleFisheriesintheFisheriesandAquacultureLegislationinSierraLeone

AnalyticalAssessmentReport

ISSN 2413‐807X

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

Rome, 2015

ImplementationoftheVoluntaryGuidelinesonResponsibleGovernanceofTenureandonSustainableSmall‐ScaleFisheriesintheFisheriesandAquacultureLegislationinSierraLeone

AnalyticalAssessmentReport

IbrahimSorieKoromaNationalLegalConsultant

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FAO LEGAL PAPERS 2015 v

TABLE OF CONTENTS

PREFACE .............................................................................................................................. VI

ACRONYMS AND ABBREVIATIONS ......................................................................................VII

1. INTRODUCTION ............................................................................................................. 1

2. FISHERIES IN SIERRA LEONE .......................................................................................... 2

2.1 Overview of the sector ....................................................................................................... 2

2.2 Developments on policy and legal instruments ................................................................... 2

2.3 Fisheries management and the institutional structure......................................................... 3

2.4 Environmental framework .................................................................................................. 4

2.5 Recent developments in the sector ..................................................................................... 4

3. LEGAL AND POLICY FRAMEWORK AND ASPECTS OF INSTITUTIONAL FRAMEWORK ..... 7

3.1 General overview ............................................................................................................... 7

3.2 International instruments ................................................................................................... 7

3.3 Domestic legal framework .................................................................................................. 7

3.3.1 Fisheries (Development & Management) Act No. 19 of 1994 .................................... 7

3.3.2 Fisheries (Development & Management) Regulations 1995 ...................................... 8

3.3.3 Local Government Act 2004 ..................................................................................... 8

3.3.4 Fisheries (draft Fisheries and Aquaculture) Bill 2010 ................................................. 9

3.4 Policy framework ................................................................................................................ 9

4. TENURE AND THE FISHERIES LEGAL FRAMEWORK ...................................................... 10

4.1 Maritime Claims and Fishing rights ‐ general ..................................................................... 10

4.1.1 Customary fishing rights......................................................................................... 12

4.1.2 Artisanal fishing rights............................................................................................ 12

4.1.3 Recreational fishing rights ...................................................................................... 13

4.1.4 Foreign fishing rights.............................................................................................. 13

4.1.5 Semi‐industrial and industrial fishing ...................................................................... 14

4.2 Aquaculture...................................................................................................................... 14

4.3 Related tenure rights ‐ land .............................................................................................. 15

5. IMPLEMENTATION OF THE VGGT AND SSFG IN THE DRAFT FISHERIES BILL ................. 16

5.1 Recognize and respect tenure right‐holders and their rights.............................................. 16

5.2 Safeguard legitimate tenure rights against threats and infringements ............................... 17

5.3 Sustainable development, tenure right‐holders and participation ..................................... 18

5.4 Gender equality ................................................................................................................ 20

5.5 Natural disaster risk and climate change ........................................................................... 21

5.6 Policy coherence, institutional coordination and collaboration .......................................... 21

5.7 Access to justice ............................................................................................................... 21

6. RECOMMENDATIONS .................................................................................................. 22

ANNEX 1 ― ANALYSIS OF POLICY AND LEGAL FRAMEWORK FOR FORESTRY ...................... 26

ANNEX 2 ― RECOMMENDATIONS ON THE DRAFT FISHERIES BILL ...................................... 57

FAO LEGAL PAPERS 2015 vi

PREFACE

This report was produced by the Food and Agriculture Organization of the United

Nations (FAO) for the Government of Sierra Leone and with the financial support of

Germany as part of the project GCP/GLO/347/GER under the G7 Sierra Leone‐Germany‐FAO

tripartite Land Partnership supporting the implementation of the Voluntary Guidelines on

the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of

National Food Security (VGGT) in Sierra Leone. The report is part of a series of legal

assessment reports for Sierra Leone against the VGGT, which were endorsed by the

Committee on World Food Security in May 2012. The reports are:

1. Implementation of the Voluntary Guidelines on Responsible Governance of

Tenure in the Land Legislation of Sierra Leone: Analytical Assessment Report, by

Melinda Davies.


Tenure and on Sustainable Small‐Scale Fisheries in the Fisheries and Aquaculture

Legislation of Sierra Leone: Analytical Assessment Report by Ibrahim Koroma.


Tenure in the Forestry Legislation of Sierra Leone: Analytical Assessment Report

by Floyd Alex Davies.

4. Analytical Assessment Report for the Implementation of the Voluntary

Guidelines on Responsible Governance of Tenure in the Land, Fisheries and

Forestry Sectors of Sierra Leone by Floyd Alex Davies.

The assessment process was technically supervised and supported by an FAO technical team

consisting of Margret Vidar, Peter Deupmann, Maria Teresa Cirelli and Naomi Kenney.

Technical validation workshops were conducted in partnership with Namati Sierra Leone.

The Technical Working Group and the Steering Committee of the National Multi‐Stakeholder

Platform for implementing the VGGT in Sierra Leone were also closely involved in

the process.

The reports are submitted to the relevant ministries and members of the VGGT

Steering Committee.

FAO LEGAL PAPERS 2015 vii

ACRONYMS AND ABBREVIATIONS

CMA Community‐based Management Association

EEZ Exclusive Economic Zone

EPA Environmental Protection Agency

EPA‐SL Environmental Protection Agency – Sierra Leone

EU European Union

FAO Food and Agriculture Organization of the United Nations

Fisheries Bill Fisheries and Marine Resources Bill

IEZ Inclusive Economic Zone

IUU Illegal, unreported and unregulated

JMC Joint Maritime Committee

MCS Monitoring, control and surveillance

MFMR Ministry of Fisheries and Marine Resources

MFR Management and Functional Review

SRFC Sub‐regional Fisheries Commission

SSF Small‐scale fisheries

SSFG Voluntary Guidelines for Securing Sustainable Small‐Scale Fisheries in the Context of Food Security and Poverty Eradication

STC Scientific and Technical Committee

VGGT Voluntary Guidelines on Responsible Governance of Tenure

WARFP‐SL West Africa Regional Fisheries Programme in Sierra Leone

Implementation of the Voluntary Guidelines on Responsible Governance of Tenure and on Sustainable Small‐Scale Fisheries in the Fisheries and Aquaculture Legislation of Sierra Leone:

Analytical Assessment Report

FAO LEGAL PAPERS 2015 1

1. INTRODUCTION

The Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT) were adopted by the Committee on World Food Security in May 2012. The VGGT are soft‐law instruments based on binding international law and provide guidance to states and other stakeholders on best practices in the governance of tenure in these sectors. The VGGT define tenure as the relationship, whether defined legally or customarily, among people with respect to land, fisheries, forests and other natural resources. The rules of tenure define how access is granted to use and control these resources, as well as associated responsibilities and restraints. Tenure usually reflects the power structure in a society, and social stability may depend on whether or not there is broad consensus on the fairness of the tenure system. The 31st Session of FAO’s Committee on Fisheries, held in June 2014, endorsed the Voluntary Guidelines for Securing Sustainable Small‐Scale Fisheries in the Context of Food Security and Poverty Eradication (SSFG). The SSFG take into account the VGGT and in some respect provide sector‐specific provisions on issues that are addressed at a cross‐sectoral level in the VGGT and dedicate a specific section to the responsible governance of tenure (Section 5A). They provide that, when necessary, in order to protect various forms of legitimate tenure rights, legislation to this effect should be provided (Paragraph 5.4). They provide that states should determine the use and tenure rights of these resources, taking into consideration inter alia social, economic and environmental objectives (Paragraph 5.6) and should adopt measures to facilitate equitable access to fishery resources for small‐scale fishing communities, taking into account the provisions of the VGGT (5.7). Because of the strong linkages between the two instruments, this assessment relates to the implementation of both instruments in the legislation of Sierra Leone related to fisheries and aquaculture. This report provides a brief introduction of the fisheries sector, focusing on the small‐scale sector and an overview of different types of use and access rights to resources. It also provides an analysis of the implementation of the VGGT and SSFG, and then provides recommendations to address identified weaknesses. Importantly, the annexes to this document provide more detailed recommendations and form an integral part of this document.




2. FISHERIESINSIERRALEONE

2.1 Overview of the sector

Fish is one of Sierra Leone’s abundant natural resources and it includes high‐value fishery and other aquatic resources found in both marine and inland areas. The fishery sector contributes significantly to sustainable development in the country both in terms of food and nutrition security and livelihoods. The bulk of catches derive from small‐scale fisheries. The Ministry of Fisheries and Marine Resources (MFMR) estimates that small‐scale fishery contributes 60 percent of fish protein consumed in Sierra Leone and provides approximately 45 percent of employment for coastal communities in the country. At present, the fishery sector is producing over 150 000 tonnes of fish annually and is contributing immensely to the National economy; an approximated 10 percent of national gross domestic product as well as the livelihoods of people and to food security. In the meantime, there have been serious concerns as well regarding the sustainability of the fisheries sector in the long term, as well as the distribution of benefits from the sector. In addition to the large small‐scale sector, there is a semi‐industrial fleet and at least one industrial fleet operating locally. Also, there is a sizeable foreign industrial fleet of mainly Southeast Asian, European and South American nationality operating under some formal agreements or authorization/licensing system.

2.2 Developments on policy and legal instruments

The MFMR has made progress with the development of a policy for the fisheries sector in 2010, and has formulated a fisheries development strategy up to 2030 in 2013. Furthermore, the MFMR is in the process of updating the fisheries policy and reviewing a new draft Fisheries and Marine Resources Bill (Fisheries Bill), a process that was initiated in 2011. There is also an approved Management and Functional Review (MFR) document for MFMR, the structure of which is being included in the Bill. The implementation plan is to further the objectives contained in the government blueprint “Agenda for Prosperity” which targets ordinary Sierra Leoneans like small‐scale fishers in a transformative and sustainable poverty alleviation attempt by increasing earnings and improving social life. The fisheries strategy seeks to enable the implementation of the 2010 Fisheries Policy and its updated version with a view to realizing the underlying vision and expected outcome of the strategy. It thereby refers to “biologically sustainable fisheries resources that are robust and diverse, contribute to poverty reduction and wealth generation, are managed on the basis of good governance, are sustainable and economically viable, contributing to the economic base of coastal and riverine communities, and effectively involve all interest groups in appropriate fisheries management.”1 To achieve this, efforts must be directed at strengthening the law and policy in favour of small‐scale fisheries who are the main suppliers of fish consumed in the country but who form the most vulnerable category in the sector because of their financial and social status.

1 See Revised Fisheries Policy, 2010.




2.3 Fisheries management and the institutional structure

It is the exclusive responsibility of the MFMR to manage and control the fisheries and all other aquatic resources of Sierra Leone. This responsibility is exercisable either directly by government or through the MFMR or the Director of Fisheries by virtue of Section 3 of the 1994 Fisheries (Development and Management) Act. The Minister as political head of the ministry has overall and direct responsibility in relation to the law as well as the preparation and implementation of additional policies and legislation as may be necessary. The Director, subject to the policy guidance of the Minister, is responsible as technical person, for overseeing the day‐to‐day management, planning and development of fish, fisheries and other aquatic resources in Sierra Leone. This means that executive authority is with the Minister as representative of the government and the Director discharges technical, scientific and administrative management responsibilities and provides general supervision of the ministry. The Director is empowered to appoint other officers to discharge his functions without any special procedure. These officers may or may not be technical personnel. The Director can consult with other relevant fisheries stakeholders in implementing policy designed by the Minister. A Scientific and Technical Committee (STC) advises the Director who may also establish other committees when she/he deems it necessary. As Chief Licensing Officer, the Director can appoint other persons as Licensing Officers. The institutional framework related to fisheries management and development comprises, among others, the STC. The STC was established pursuant to Section 10 of the Fisheries (Management and Development) Act of 1994 with mandate to advise the Director of Fisheries on biological, economic and social aspects of fish and fisheries with a view to improving the management decisions. A Joint Maritime Committee (JMC) was established by Cabinet Conclusion on 1st July 2009 and involves the MFMR, the Maritime and Air Wings of the Republic of Sierra Leone Armed Forces, the Sierra Leone Ports Authority, the Sierra Leone Maritime Administration, the Marine Police, the National Revenue Authority, Sierra Leone Immigration Authority and the Office of National Security. The JMC is an arrangement in which these institutions meet regularly to take decisions on monitoring, control and surveillance (MCS) and provide safety and security within the Inshore Exclusive Zone (IEZ) and Exclusive Economic Zone (EEZ) of Sierra Leone waters. Recent fisheries reform initiatives have further included integrated maritime surveillance system to combat fisheries and other maritime crimes, including illegal, unreported and unregulated (IUU) fishing and customs‐related counter band smuggling. Innovatively, the MFMR have decentralized fisheries management for the first time, by devolving the function of licensing of fishing canoes and attendant fishing gears to the local councils, pursuant to Section 56(1b‐1c) of the Local Government Act of 2004. In addition, Community‐based Management Associations (CMAs) have been legally established by fishing communities, with the responsibility of controlling access to fishing in their localities thereby practicing the concept of territorial use rights in fisheries. Marine protected areas were declared and legally established pursuant to Section 46(1‐2) of the 1994 Fisheries Act. Fishing in territories of the different CMAs will be regulated under this arrangement through CMA constitutions and community by‐laws. This will empower the local communities to promote responsible fishing and support livelihoods and food security at the local level. Other institutional arrangement for fisheries governance include the Sierra Leone maritime




Administration that supports safety at sea, certification of gross tonnages upon which fishing licenses and royalties are charged and other maritime related matters. All of the above‐mentioned institutions are responsible for some aspect of fisheries development, management and conservation. The existing Act also provides for additional conservation measures including closed seasons, prohibition of fishing in inshore exclusion zone reserved for artisanal fishermen, penalty for destruction of artisanal fishing gear by industrial trawlers, regulating manufacturing and importation of fishing nets, minimum mesh sizes of fishing nets, prohibited fishing methods and prohibition on the capture of juvenile sharks, lobsters and endangered marine megafauna such as marine turtles, manatees, etc. These measures support the enhancement of food security, poverty reduction and economic growth. It is expected that the draft Fisheries Bill will revisit the status quo and make some clear provisions on management responsibilities to scale up the effective implementation of these measures. Until the MFR update of the Ministry is implemented, the above remains the modus oparandi and it is expected that within the MFMR a number of changes will have to take place, for example, limiting the concentration of authority with the Director. The proposal is to create a Director General of Fisheries and Marine Resources to be supported by five different directors responsible for different aspects of the Ministry, including Compliance; Fisheries Policy and Strategy; Fisheries, Marine Resources Management and Aquaculture; Services and Research; and Fish Quality.

2.4 Environmental framework

Pursuant to Section 2 of the Environmental Protection Agency (EPA) Act 2008, the Sierra Leone Environmental Protection Agency (EPA‐SL) was established. The EPA‐SL has important responsibilities in relation to environmental protection and resource conservation. Given that these matters may affect and be affected by fisheries, the EPA‐SL works closely together with MFMR on matters that relate to the mandate of each of the institutions. Together with the MFMR, EPA‐SL have oversight authority over fishing related matters. While the EPA‐SL is in fact the umbrella organization for environmental protection in the country, its activities cut across line ministries and other government departments as well as other agencies providing advice and recommending solutions to environmental problems or threat to environmental safety. It follows a well‐organized global trend to environmental protection featuring such precautionary and polluter‐pays principles in order to mitigate loss and damage while at the same time ensuring accountability for safety. The MFMR has a policy of encouraging compliance with environmental rule by compensating reporters of pollution. The licensing system takes into consideration conservation issues of the marine environment.

2.5 Recent developments in the sector

In the course of the last five years, the West African Regional Fisheries Programme in Sierra Leone (WARFP‐SL), funded by the World Bank, has been providing technical assistance to the MFMR and has contributed to the financing of Ministry budgets. Among other things, the project initially agreed to fund the construction of a fish‐landing site in Konakridee in the north and a fish harbour/complex at Murray Town in Freetown, but this was suspended by the end of 2014. The project has also partly funded the purchase of a patrol vessel estimated to be able to patrol the 200 nautical miles of the EEZ of Sierra Leone in the combat of IUU




fishing and also to carryout fisheries surveys to evaluate fish stock status on a regular basis. While the vessel has already been delivered to the MFMR, at the time of writing of this report, the bank had withheld part of the funding due to administrative concerns. An interim support to the WARFP‐SL project was being provided by the Government of the Isle of Man to continue with the co‐management process for the territorial use rights in fisheries to be properly established through proper management of marine protected areas and also to continue supporting the reduction of IUU fishing. A Fisheries and Marine Training Institute has been constructed with state of the art equipment for training of seafarers in various fields, including marine engineering, navigation, deck officers training, refrigeration, fishing gear technology, fish processing and other training courses for fisheries observers and fisheries enumerators. The African Development Bank provided funding for the construction of fish landing sites in four different fishing communities in the country. The WARFP‐SL also initially supported the procurement of netting materials for small‐scale fishermen. It has provided training programmes for local councils and artisanal fishermen, as well as fisheries officers through the MFMR. Already, the MFMR is collaborating with local councils to register artisanal canoes and keep track of their activities within the Council area. With support from WARFP‐SL, fishing canoes have been registered by the MFMR in collaboration with the local councils and logistics have been provided to the Councils to maintain database of registered fishing canoes for record keeping that will ease licensing of fishing canoes. This is in keeping with the provisions of the Local Government Act 2004, Sections 20, 45 and 57(c) thereof, which, among other things, provides that local councils can demand that local vessels and small canoes be licensed to the Councils and the Councils should be capacitated by the line Ministries to perform their work. Although the devolution process was rushed without adequately identifying the problems and defining rules according to the MFMR, the Councils continue to work in collaboration with it. The Local Government Act does not clearly specify how the Councils can carry out the devolved functions, but the MFMR has taken upon itself to improvise and fill the lacuna. The MFMR is working with CMAs and local councils to carryout community surveillance in the artisanal fisheries sector. Fibre glass boats fitted with outboard engines have been provided by MFMR to most of the key coastal fisheries outstations in Western Area, Port Loko, Kambia, Moyamba and Bonthe Districts. However, there are currently limited resources to support effective community surveillance. There is still a challenge in implementing the European Union (EU) Council Regulation2 on trade. Recently, the Office of the President oversaw the discussions on the draft Food Safety Bill as a corollary to achieving EU demands. Already, CMAs have been formed to help reduce IUU fishing and in the management of fisheries particularly in the Marine Protected Areas. The new patrol vessel has the capacity of wide coverage of the EEZ and beyond and can undertake fishery stock assessment. This strengthens MCS measures and evaluate fish stock status to support fisheries management planning, including the controls on fleet capacity. In addition, some access agreements with foreign governments have given rise to criticism, as arguably, they do not provide the necessary safeguards for ensuring protection of small‐

2 EU Council Regulation (EC) No. 1005/2008.




scale fisheries (SSF) interests, especially as they may have negative impacts on fisheries activities by local vessels, including in the IEZ. This is supported by the fact that there has been concerns in the past that SSF communities are hardly ever consulted to have inputs into the negotiated terms of access whereby they could possibly present their interest for protection. In recent times, however, MFMR has considered SSF communities and other interested groups in the negotiation processes, especially since the Russian Access Agreement in 2014 and the Public Private Partnership (PPP) Agreement in 2015 for the operation of four fish receiving centres, including jetties. The PPP arrangement is a special purpose vehicle partnership agreement with a fishing component that will benefit the SSF sector through their participation in the fish production and value addition chain. This is an innovative food security aspect embraced by the Ministry to boost the economic capacity of small‐scale fishers.




3. LEGALANDPOLICYFRAMEWORKANDASPECTSOFINSTITUTIONALFRAMEWORK

3.1 General overview

This section provides an overview of the main legal and policy instruments relevant for fisheries.

3.2 International instruments

Sierra Leone is a contracting party to a good number of international instruments or conventions including the United Nations Convention on the Law of the Sea, the FAO Compliance Agreement and the FAO Port States Measure Agreement. Sierra Leone is also a founding member of the Sub‐regional Fisheries Commission (SRFC), the Fisheries Committee for West Central Gulf of Guinea, the International Commission for the Conservation of Atlantic Tunas, and the Fisheries Committee for the Eastern and Central Atlantic. The country has committed to the implementation of the VGGT. It is a member of the United Nations, FAO, the African Union, the Economic Commission for West African States and the Mano River Union. Under the auspices of the SRFC, a convention on minimum access conditions was adopted in 2012. Sierra Leone is a contracting Party to this convention, which entered into force in 2013.

3.3 Domestic legal framework

Sierra Leone’s fisheries laws, in particular the Fisheries (Management and Development) Act of 1994 and the Fisheries Regulations of 1995 are presently under review and a draft Fisheries and Marine Resources Bill is in a far‐advanced stage of preparation. Below, an overview will be provided of the 1994 Fisheries (Development Management) Act, the 1995 Fisheries (Development and Management) Regulations, the Fisheries Bill, and the Local Council Act 2004, which complements the Ministry’s work on fisheries and marine resources management.

3.3.1 Fisheries (Development & Management) Act No. 19 of 1994

This Act3 is the key legal instrument applicable to fisheries. Its key provision regarding management cover the fisheries administration, access limitation by licensing and registration (fish effort regulations), access to fisheries foreign fishing vessels, conservation, gear and mesh size measures, area limitation, landing, imports and export obligation, safety standard requirements and monitoring, control and enforcement, including surveillance, patrol, evidence and the sanction for rule violations.4 It provides for the basis for the establishment of a STC5 comprising experts. As mentioned above, this committee advises the Director on technical management issues.

3 Supplement to the Sierra Leone Gazette Vol. CXXV. 58, Dec. 8th 1994 ‐ The Fisheries (Management &

Development ) Decree, 1994. The name of the Decree was subsequently amended to ‘Act’ by Section 2(1) of the National Provisional Ruling Council Decrees (Repeal and Modification) Act 1996.

4 Taken from I.S. Koroma’s Thesis supra. 5 Section 10.




There have been serious challenges in terms of compliance with provisions of the Fisheries Act, including in the artisanal sub‐sector in both marine and inland fisheries. The problem of non‐compliance with provisions of the Act and acceptable standards manifest itself in relation to many factors, including livelihoods, inadequate fisheries infrastructure that include fish landing jetties and fish harbour complex and inadequate awareness of fisheries laws and regulations.6 The Act creates specific and general protection mechanisms for fish and the coastal environment.7 Part IX addresses issues of MCS and enforcement under a ‘unit’. The Local Council Act 2004 (see Sections 20, 45 and 57(c)) amended this part by giving licensing rights to Council in respect of local boats, which are mainly small‐scale fisheries. As indicated earlier, the devolution prescribed in the Local Government Act of 2004 is said to have been rushed without identification and definition of problems to address. The local councils therefore lack management and MCS capacity, which is currently being developed by the MFMR. The community and stakeholder participation and special interest groups in fisheries management and decision‐making were not well emphasized in the 1994 Fisheries Act. The draft Bill that was under review at the time of writing of this report is expected to address these issues. There were limited provisions regarding tenure rights in particular, ownership of the fisheries resources for small‐scale fisheries, ownership of adjacent land for communities, and the exercise of control of vessels as well as appeal procedures from administrative decisions.

3.3.2 Fisheries (Development & Management) Regulations 1995

The Fisheries Act was supplemented by the 1995 Regulations.8 There have been a number of further regulations by the Minister of Fisheries regarding fines and fees pursuant to the provisions of Section 107 of the 1994 Act. The Regulations provide for the establishment of an IEZ (Section 2) which is reserved for artisanal and recreational fisheries only (Section 3). It also provides (in Section 4(1)) that artisanal fisheries may be exempted from licensing although they are required to register. The regulations furthermore provide for conditions of fishing and transhipment, fishing licenses, logbooks, reports and inspection, provisions on gear, as well as on‐shore fish processing and marketing.

3.3.3 Local Government Act 2004

The Local Government Act 2004 devolved the power for licensing and establishing license fees rights to local councils regarding local fishing vessels and such activities within their jurisdiction.9 In practice, this provision conflicts with the 1994 Fisheries Act, which assigns the authority to license, to the power of the Director (Section 8). The main reason for the inclusion of local governments in the management of fisheries resources is to further the objective of decentralization as well as to assist those local councils to derived funding from those fishing licenses for the provision of basic social needs. Training on their role as licensing authority was provided to local councils by MFMR in 2013.

6 MFMR Fisheries Policy 2010, p.13. 7 Sections 41‐49. 8 The Fisheries (Management & Development) Regulations 1995. 9 Supplement to the Sierra Leone Gazette Extraordinary, Vol. CXXXV, No. 14, 2004, Section 20,45, 57(c).




3.3.4 Fisheries (draft Fisheries and Aquaculture) Bill 2010

The draft Bill provides a management framework for fisheries. In broad terms, it addresses the fisheries administration. Importantly, the draft Bill introduces explicit reference to a number of concepts that were not mentioned in the Fisheries Act: co‐management, human rights, gender, and consultation with interested stakeholders in the management of fishery resources. It includes provisions on the development of fisheries management plans, and shared responsibility for fisheries management and specifically introduces provisions on the protection and promotion of artisanal and semi‐industrial fisheries. It provides for conservation measures, including marine protected areas, and other temporal, gear and vessel restrictions. It addresses fisheries access by foreign vessels. It also introduces provisions on aquaculture development, thereby addressing the obligation to safeguard the access to the traditional fishing grounds. It addresses fisheries information, data and records. It introduces a licensing obligation, exempting artisanal fisheries, and introduces conditions for fishing and for registration of artisanal fishing. It furthermore introduces provisions on fish processing and marketing. It also introduces provisions on monitoring, control and surveillance, jurisdictions, evidence and proceedings.

The draft Bill recommends shared responsibility for fisheries management as the Director of Fisheries may arrange with local councils, competent fisheries’ organizations and such other stakeholder organizations recognized for their skills in the fisheries management and knowledge for the development of shared responsibility regarding artisanal fisheries.

3.4 Policy framework

The 2010 Fisheries Policy, designed as a working tool for MFMR is to improve fisheries management that can help address issues of financial and human capacity for healthier governance system; to increase productivity of fish stock, to improve poor people’s livelihoods while increasing economic prosperity for the state. In supporting the management and regulatory framework for fisheries, the policy is designed with the objective that:

a) Fisheries are a potential source of significant wealth for which sustained efforts must be put to manage them as they can contribute economic growth and poverty reduction.

b) The industry provides benefit to the nation and local communities by providing revenue for the through licensing and fines, employment for those in the industry and food security for a good number of people.

c) The fish industry will no doubt grow to compete internationally and will soon attract investment opportunities.

d) The industry will contribute to national poverty reduction.

The strength of the policy is in directing sustained efforts at achieving food sufficiency and wealth generation for the people of Sierra Leone through ecosystem approaches to fisheries development, conservation and sustainable use and improving co‐management of fisheries resources through the participation of stakeholders, the diversification and increase in international trade of fish and fish products, promoting a sustained aquaculture, all of which are related to the VGGT. The policy emphasizes the need to get local communities directly participate in the management and development of fisheries through institutionalized CMAs enforcing community bylaws. The policy is supported by a revised and an associated Fisheries Strategy Plan, covering a period from present up to 2030.




4. TENUREANDTHEFISHERIESLEGALFRAMEWORK

Given the importance of fishing rights in relation to access to resources and tenure, in this section descriptions are provided of the various mechanisms for acquiring a right to access fisheries resources in Sierra Leone.

4.1 Maritime claims and fishing rights ‐ general

As accorded by the 1982 United Nations Convention on the Law of the Sea, Sierra Leone claims a territorial sea which extends to a breadth of 12 nautical miles from the baseline, which is the low water line along the coast of Sierra Leone. Accordingly, Sierra Leone exercises sovereignty over the airspace above the territorial sea, as well as over the seabed and subsoil. The Sierra Leone Maritime Zones (Establishment) Decree of 1996 provides that all waters that are on the landward of the baseline of the territorial sea are part of the internal waters of Sierra Leone. Under the Fisheries (Management and Development) Decree 1994, an IEZ is demarcated within the country’s territorial sea and is reserved for artisanal and recreational fisheries only. The IEZ is an area of the fishery waters situated landward of a line drawn between the points indicated in Schedule 1 of the Fisheries Regulations, which according to information gained from the MFMR is between five to six nautical miles from the baseline. Fishing is excluded for industrial trawlers and semi‐industrial vessels within the IEZ. Under the Maritime Zones (Establishment) Decree of 1996, a contiguous zone is claimed and extends up to 24 nautical miles from the baseline where the breadth of the territorial sea is measured. In the contiguous zone Sierra Leone may exercise the control necessary to: (a) prevent infringement of its customs, fiscal, immigration, sanitary or environmental laws; and (b) punish any contravention of such laws if the contravention is committed within the land territory, the territorial sea or the contiguous zone of Sierra Leone. The EEZ is also claimed under the maritime zones legislation to be the area of the seabed and subsoil that lies beyond or adjacent to the territorial area of Sierra Leone, with the outer limit lying seaward with points at a distance of 200 nautical miles from the baseline from where the breadth of the territorial sea is measured. The northern limit of the Sierra Leone EEZ is the parallel of latitude of 9 degrees 03.2’N for a distance of 200 nautical miles limit offshore, measured from the low water line, and to the south by a line extending southwest within coordinates of 6 degrees 50.3’N, 11 degrees 32.8’W for a distance of 200 nautical miles offshore measured from the line of low water. The EEZ is a substantive part of the fishery waters where Sierra Leone has sovereign rights for the exploration, exploitation, conservation and management of living and non‐living natural resources of waters superjacent to the seabed and sub‐soil. It also includes the sovereign right to exploit energy from the currents and winds. A foreign fishing vessel may not enter the fishery waters except for a purpose recognized by international law, or be used for fishing or related activities in the fishery waters or for such other activities except in accordance with a valid licence issued pursuant to the Fisheries (Management and Development) Decree 1994, an access agreement or as otherwise authorized by that law. It follows that in the EEZ of Sierra Leone, foreign fishing vessels can exercise the freedom of navigation subject to applicable national laws. With respect to enforcement within its EEZ, Sierra Leone has the right to enforce its fisheries laws and take such measures, including boarding, inspection, arrest and judicial proceedings as necessary to ensure compliance with its laws and regulations.




Further, the Maritime Zones (Establishment) Decree of 1996 also defines the continental shelf of Sierra Leone as comprising the seabed and subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of its land territory to a distance of 200 nautical miles from the baseline. The total continental shelf area is relatively small and extends over an estimated 30 000 square kilometers. Sierra Leone has recently made a joint submission with other sub‐regional countries to the Commission on the Limits of the Continental Shelf, which may extend the continental shelf outer limits accordingly.10 In Sierra Leone, fisheries operations are conducted under an open access but regulated regime by the MFMR. Parts IV and V of the Fisheries (Development and Management) Act 1994 (as amended) deals with local/artisanal and foreign fishing vessels. With a fishing license, issued by MFMR, the holder acquires a right to fish and the right to enter into domestic fishing areas. Section 15(1) of the 1994 Act provides:

“No local fishing vessels, fixed fishing gear or beach seine shall be used for fishing in the fisheries water, except under the authority of a valid local fishing license issued in accordance with this Part, unless otherwise provided in this Act.”

Such a license is acquired on the application and upon paying the appropriate fee and it is held on terms stipulated in the license. Section 18(1) prohibits the transfer of a local fishing license from one vessel to another.11 Section 41(1) under Part VI of the draft Fisheries and Aquaculture Bill prohibits fishing or conducting fishing related activities without a valid license or authorization where such activity requires one. No specific mention is made about artisanal or local fishing vessels. In relation to foreign flagged vessels, Section 21(1)b, of the 1994 Fisheries Act (as amended) stipulates that:

“No foreign fishing vessel shall be used for fishing or related activities in the fisheries waters or such other activities as maybe provided in this Act except with a valid license issued pursuant to this Act, an applicable access agreement or otherwise authorised by this Act.”

In the draft Bill, Section 42 creates an offence for unlawful entry by foreign vessels and or for fishing or being engaged in fishing related activities in the fisheries water of Sierra Leone. Artisanal fisheries here referred to as small‐scale fisheries are required to have a license unless at the discretion of the Minister they are exempted, pursuant to Section 4 of the Fisheries (Development and Management) Regulations of 1995 and in accordance with the provisions of Section 13(A) of the 1994 Fisheries Act. Such fisheries are however subject to the obligation to register the vessel. Without such registration, they will be in breach of regulation punishable by law. All registered artisanal fishing vessels are allowed to fish in all

10 Commission on the Limits of the Continental Shelf (CLCS), 2015. Outer limits of the continental shelf beyond

200 nautical miles from the baselines: Submissions to the Commission: Joint Submission by Cabo Verde, The Gambia, Guinea, Guinea‐Bissau, Mauritania, Senegal and Sierra Leone. http://www.un.org/depts/los/clcs_new/submissions_files/submission_wa7_75_2014.htm

11 Provided that licenses for fixed fishing gear and beach seine may be transferred to another if the dimensions and characteristics are the same and is deployed or operated in the same location and the manner in which the previous holder operated.




waters under jurisdiction of Sierra Leone, including the IEZ, to which only artisanal fishers and recreational fishers have access. The local council in their respective localities have jurisdiction to set the condition for registration pursuant to Section 57 of the Local Government Act 2004.

4.1.1 Customary fishing rights

Customary fishing is not defined in the 1994 Act or in the draft Bill. Customary fishing vessels, if licensed or registered, have the right to fish in all waters under jurisdiction of Sierra Leone. While this right to fish is subject to the formal act of registration of the vessel, and is thus not a real form of customary fishing right, this type of fishing ‘right’ is closest to customary rights, particularly where registration does not take place. Pursuant to Section 15(1) of the 1994 Fisheries Act, the right to access fishing grounds for fishing operations is dependent on possession of valid fishing license for all local fishing vessels, fixed fishing gears or beach seine. The exemption as provided in Section 16(2) of the 1994 Act refers to vessels required to be registered under the Registration of Shipping Act of 1965 and vessels exceeding 15 tonnes. The Local Government Act of 2004 also requires local councils to issue licenses for fishing vessels and charge fees for the extraction of fish.

4.1.2 Artisanal fishing rights

Artisanal fisheries according to the 1994 Act means “traditional fishing in Sierra Leone using artisanal fishing gear and vessels.” Artisanal fishing vessels include any local fishing vessel of not more than sixty feet which are motorised or not motorised but does not include vessels used for recreational fishing. In these definitions, the categorization is among others based on gear type and size of the fishing vessel, which in this case is limited to sixty feet. More specific descriptions have been provided in the draft Fisheries Bill, which provides that artisanal fisheries means:

“…small‐scale traditional fisheries that are not carried out for commercial purposes and one in which the owner is directly involved in the day‐to‐day running of the enterprise and relatively small amount of capital are used.”

The emphasis in this second definition is in the commercial nature of the activity. Artisanal fishing vessel in the draft Fisheries Bill is defined to mean:

“…any local fishing vessel, canoe or un‐decked vessel with a length overall of not more than 10 metres and which is motorised or not motorised, powered by an onboard or inboard engine not exceeding 25 horsepower, sails or paddles, and does not include decked or un‐decked semi‐industrial vessels or vessels used for recreational fishing.”

Section 13 of the Fisheries Act provides that the Minister may take such action as he may deem necessary to protect and promote artisanal and semi‐industrial fisheries. To this end, he may exempt such fisheries from licensing requirements or the payment of fees. By way of Section 4 of the Fisheries (Development and Management) Regulations of 1995, artisanal fisheries are exempt from the license obligation. However, those vessels that are exempted from the license obligation pursuant to Section 13 of the Fisheries Act are subject to registration (Section 4(1) Fisheries Regulations). Preferential access is granted to artisanal fishermen and vessels other than semi‐industrial or industrial vessels, or canoe operating




with a canoe support vessel (Section 30 of the 1994 Fisheries Act), subject to such vessels being registered. The draft Bill provides similarly that the IEZ is reserved for artisanal fishing vessels, undecked semi‐industrial fishing vessels, and recreational vessels and that other vessels may not engage in fishing, including canoes operating with a canoe support vessel (Section 18 draft Bill). The draft Fisheries Bill also exempts artisanal fishing vessels from the license obligation, which applies to other types of fisheries only (Section 72(1)). Also the registration obligation has been maintained in the Fisheries Bill, which provides that the owner of each artisanal fishing vessels must apply for a registration number, without which the vessel may not operate in Sierra Leone fisheries waters. Preferential access to the IEZ is granted in Section 18(2), which applies to artisanal fishing vessels, undecked semi‐industrial and recreational fishing vessels.

4.1.3 Recreational fishing rights

The 1994 Fisheries Act defines recreational fishing as ‘any fishing done for leisure and not for the purpose of subsistence, barter or sale of fish’. Section 15(1) provides that no local fishing vessel may engage in fishing except with a valid license or authorization. Section 4(5) of the Fisheries (Development and Management) Regulations of 1995 provide that recreational fishing vessels shall be licensed in such form as may be prescribed. Recreational fishing vessels equally to artisanal fishing vessels are granted access to the IEZ as well as to other fishing waters of Sierra Leone pursuant to Section 30(1) of the Fisheries Act. The Fisheries Bill defines recreational fishing in a similar fashion as the 1994 Act as: non‐commercial fishing by an individual for leisure or relaxation, and does not include recreational commercial fishing. Under the Fisheries Bill, any vessel used for recreational fishing in Sierra Leone fishing waters is required to obtain a valid license (Section 72(1)(c)). While recreational fishing is not exempt from the obligation to obtain a license, recreational fishing vessels are granted access to the IEZ pursuant to Section 18(2), which applies to artisanal fishing vessels, undecked semi‐industrial and recreational fishing vessels.

4.1.4 Foreign fishing rights

In the current 1994 Fisheries Act, a foreign fishing vessel is defined as:

“any fishing vessel other than a local fishing vessel and include any support vessel notwithstanding that such vessel may be registered under the Registration of Shipping Act 1965.”

In the draft Bill, a foreign fishing vessel is defined as:

“any fishing vessel other than a Sierra Leonean fishing vessel and includes any support vessel notwithstanding that the vessel may be registered/licensed in Sierra Leone or is required to be registered/licensed in Sierra Leone pursuant to this Act and/or under the Sierra Leone Maritime Act.”




The right to fish in Sierra Leone is only authorized pursuant to a license or some access agreement in accordance with the 1994 Fisheries Act Section 21 (1)(b) which states that:

“No foreign fishing vessel shall be used for fishing or related activities in fisheries waters or for such other activities as may be provided in this Decree, except in accordance with a valid license, issued pursuant to this Decree, an applicable access agreement, or as otherwise authorised by the Director.”

The Fisheries Act further provides that no license shall be issued to a foreign vessel unless an access agreement is in place. Marine scientific research and test fishing by foreign flagged vessels does not require an access agreement (Section 22(1) and (2)). Section 23 provides that the Minister may enter into international access agreements on behalf of Sierra Leone. Under the draft Fisheries Bill, foreign vessels must obtain a license or authorization for fishing and related activities under an access arrangement granted in accordance with the Act. Section 46 of the draft Fisheries Bill provides that fisheries access by foreign vessels may be granted and licenses and authorizations may be issued at the discretion of the Minister in accordance with the provisions of the law and any applicable international agreement and other national policies or strategies. Foreign fishing vessels are not allowed to fish in the IEZ.

4.1.5 Semi‐industrial and industrial fishing

A semi‐industrial vessel under the 1994 Act is defined as a vessel with a length of less than 60 feet and powered by an inboard engine. An industrial fishing vessel is defined as any fishing vessel more than 60 feet in length. Pursuant to Section 15(1) of the Act, these vessels may only engage in fishing under the authority of a license or authorization. Access to the IEZ is not granted to such vessels. The draft Fisheries Bill provides that an industrial fishing vessel is “any large‐scale fishing or related activity using industrial vessels”, while it defines a semi‐industrial fishing vessel to include decked and undecked vessels with a length between 10 and 20 metres and below 50 gross register tonnage, powered by respectively an inboard engine, or an engine of at least 40 horsepower. These vessels require a licence to fish or to conduct related activities in the Sierra Leone fishery waters, as stated in Section 72(1)(a) and (b) of the draft Fisheries Bill. Access for fishing to the IEZ is not granted to such vessels (Section 18(3)) and they may only navigate in the IEZ to proceed directly to port (Section 18(4)).

4.2 Aquaculture

Aquaculture is defined in the 1994 Act as an activity designed to cultivate or farm fish and other living aquatic resources (Section 2). The broadly formulated Section 20 provides that:

“The Director shall issue licenses for aquaculture operations in such form and in accordance with such requirements as may be prescribed, and shall be informed of all aquaculture operations in the country.”

The draft Fisheries Bill provides that the Director in consultation with the Scientific and Technical Committee, which advices him, must develop a plan for aquaculture in accordance




with the relevant principles in the draft Section 5 (Section 53). The plan must include a statement of the objectives, strategy, performance indicators, description of location for the farming, description of standards followed and other relevant information. The Director is expected to collaborate with local councils to ensure that aquaculture development of ecologically sustainable and to ensure the rational use of sustainable resources. By Section 54 of the draft Bill, the Director should also ensure that the livelihoods, culture and traditions of local communities and their right to fisheries grounds are not affected by aquaculture activities. Local councils have a clear mandate to supervise aquaculture activities within their locality while Sections 59 and 60 of the Bill guarantee environmental safety from aquaculture waste and escapement.

4.3 Related tenure rights ‐ land

Land is directly connected to fisheries development. Small‐scale fishers are usually found in the riverine areas of the coastline. They depend on land for construction of landing sites and processing facilities, harbours or ports. Land is also important for inland aquaculture, which depends on access to land. However, the right to own or use land is not automatically linked to the right to fish as the access to each of them has been regulated under different statutes and is administered by different authorities and ministries. Land adjacent to the sea or rivers up to where the tide falls is normally state land. In order to acquire a right over land, for example for the construction of a landing or aquaculture or fish processing site, a specific interest in the land must be demonstrated. In the Western Area (Freetown), such right or interest in land is negotiated directly with the owner in the case of private land, or with the Ministry of Lands, Country Planning and the Environment as representatives of government in the case of state land. In the provincial areas, negotiation takes place mostly with the local authorities, who are custodians of traditional land (as it is commonly called), for an interest not in fee simple but either as a licensee to the individual or family or a leasehold for a period as long as 99 years. It is difficult to develop aquaculture in the Western Area where the availability of land is very limited for purposes other than infrastructural development. However, the MFMR has developed two landing sites in the Western Area through the help of the Artisanal Fisheries Development Project (funded by the African Development Bank) on privately owned land on the coastline at Goderich and Tombo. There are another two landing sites outside Freetown; one in Shenge and another in Bonthe, both in the south. The fifth landing site is still to be constructed in Konakridee in the north with support from WARFP‐SL. The 1994 Fisheries Act and the 1995 Fisheries Regulations and the draft Fisheries Bill do not address the issue of related resources, and in particular land, explicitly.




5. IMPLEMENTATIONOFTHEVGGTANDSSFGINTHEDRAFTFISHERIESBILL

This section is a summary of the findings of the analysis of the legal framework against the provisions of the VGGT and SSFG, which is contained in Annex 1. Specific recommendations related to the draft Fisheries Bill are provided in Annex 212.

5.1 Recognize and respect tenure right‐holders and their rights

The draft Fisheries Bill stipulates that industrial, semi‐industrial and recreational fishing are subject to obtaining a licence (Section 72(1)). While artisanal fishing is not subject to the license obligation, Section 89(2) prohibits the use of artisanal fishing vessels without a valid and applicable registration number applied for by the owner (Section 89(1)). The draft Bill requires the establishment of a register of fishing licenses and authorizations (Section 70), but does not provide for the registration of rights of artisanal or small‐scale fishers. The draft Bill introduces, in Section 73(5), the obligation for the Director of Fisheries to state in writing the reasons for the decision to decline to approve, issue or renew a license or authorization. Given that artisanal fishing vessels are exempted from the obligation to obtaining a license, this provision does not benefit the allocation of user rights to small‐scale fisheries. While the act of registration, presumably entails an act of registering the data of the owner and perhaps vessel, the draft law does not specify the information to be recorded and the procedure for recording the information nor the procedure for accessing that information. The local councils in their respective localities have jurisdiction to set the condition for registration pursuant to Section 57 of the Local Government Act 2004, yet the overall responsibility for registration remains with the Director of Fisheries, although this division of responsibilities is not very clear in the Bill. Section 22 of the Local Government Act provides that for functions devolved to local councils, the government Minister shall develop a policy. No such policy has been adopted. Local councils have developed no policy in this regard. The exemption from the obligation to obtain a license may be intended to lower the administrative burden on artisanal fishers, however the lack of a license may weaken the position of artisanal fishers in terms of entitlements, although formally, the law does not restrict the fishing activities of registered vessels. As for the registration procedure, to which artisanal fishing vessels are subjected, the 1995 Fisheries Regulations and the draft Bill do not provide any detail on the procedure, including the possibility to refuse a registration. Section 15 of the draft Bill provides that the Director may take action as he deems necessary, based on sound technical advice, to protect and promote artisanal and semi‐industrial fisheries, including by establishing reserved areas for these fisheries. Section 18(2) provides that the IEZ is reserved for artisanal fishing vessels, un‐decked semi‐industrial fishing vessels and recreational fishing vessels. In addition, the draft Bill provides for measures to ensure

12 These recommendations should be considered additional to the recommendations given by FAO under

project TCP/SIL/3301, Modernizing Sierra Leone’s Fisheries Legal Framework, in which support was provided to the development of the draft Fisheries Bill. At the time neither the VGGT nor the SSFG were available.




that local communities are not deprived from traditional access to fishing grounds by aquaculture activities (Section 55(a)). Artisanal fishing vessels, when registered have free access to the fishing resources within the IEZ and outside. Licenses issues to other types of vessels may be subject to certain restrictions. The 1995 Fisheries Regulations do not provide for territorial use rights or quota systems. License conditions may contain restrictions (Section 54 of the 1994 Fisheries Act), including to the level of catch. While the draft Bill does not provide any explicit references to the type of use rights allocated, licenses issues may be subject to license conditions (Section 77(1)). Registration is not made subject to certain conditions and provides an open but regulated access to the resources in the IEZ and beyond to artisanal fishers. The draft Bill provides that licenses are issued to a specific fishing vessel or activity and are personal to the holder of the license (Section 82(1)), it allows for the transfer of an industrial fishing vessel license under certain conditions, upon written authorization by the Director and endorsement of the Minister (Section 82(2)). It is uncertain to what extent transfer of registered artisanal fishing vessels is allowed under the draft Bill. While the draft Fisheries Bill does not provide for the consideration of tenure rights in relation to related resources, for example adjacent land, there are a few provisions that allude to the consideration of multiple resources, although this provision relates to in relation to aquaculture only and does not apply to capture fisheries. Section 54(b) provides that the Director, in collaboration with local councils and other relevant bodies, must ensure that the livelihood, culture and traditions of local communities and their access to fishing grounds are not affected by aquaculture development. In addition, Section 55 prohibits the deprivation of local communities from their traditional access to fishing grounds without good cause. Fishing grounds are not defined in the draft Bill.

5.2 Safeguard legitimate tenure rights against threats and infringements

In very general terms, and unspecific for small‐scale fishers, the draft Bill, in Section 5(o), provides general management principles, including the principle to ensure the clear definition of responsibilities at national, regional and local levels and the establishment of appropriate structures and procedures for stakeholder consultation and engagement. Section 8(2)(m) of the draft Bill provides that the Director is responsible for holding consultations with stakeholders as he/she deems appropriate. This provision is general in design and does not contain an obligation to consult or involve small‐scale fishers in decision‐making and management for the protection of their legitimate tenure rights. More detailed provisions related to co‐management by artisanal fishers, are provided in Section 16 of the draft Bill, which provides that the Director may make arrangements with local councils, competent fishers’ organizations and such other stakeholders’ organizations that may be recognized for their fisheries management skills and knowledge, and which have the capacity to co‐manage any fishery or area, for the development of shared responsibility for the management of artisanal fisheries and marine protected areas. Such arrangements may be established by a fishery management plan or in a shared management agreement, developed for this purpose (Section 16(2)).




The 1995 Fisheries Regulations do not provide for the representation of SSF interests before entering into fishing agreements. The draft Bill does not provide for the obligation to consult with local fishing communities or SSF or any other fishers prior to entering into fisheries access or similar agreements. In the context of access agreements, the draft Bill provides that fisheries access may be granted and licenses or authorizations issued pursuant to access agreements and similar agreements, subject to the conditions laid down in such agreements and to additional conditions as determined by the Permanent Secretary in consultation with the Director (Section 46(2)). Section 46(1) and (2) of the draft Fisheries Bill provide for consultation in entering into access agreements. However, there is no pre‐requisite for prior SSF consent or representation at any stage of the process of negotiating and entering into fishing in either the Fisheries Act or the draft Bill. The draft Bill does not provide for provisions that aim at supporting, through training and judicial support, communities in protecting their legitimate tenure rights from infringements, nor does it introduce specific mechanisms to this end.

5.3 Sustainable development, tenure right‐holders and participation

The draft Bill provides, among the principles that must be given effect in its application, a number of principles related to conservation and sustainable use, including conservation of resources and habitat in accordance with international principles, sustainable use, economic viability and ecological balance, precautionary approach, ecosystem approach (Section 5). In relation to fishery management plans, the draft Bill makes explicit reference to the principles listed in Section 5 and 13 (Section 14(4)(e)). The draft Bill recognizes that all resources users share the obligation to use the resources sustainably (e.g. Section 27(3)a). The draft Bill makes specific reference to traditional practices in the context of sound fisheries management and provides that the Director, when developing plans, policies and strategies for conservation and management must take into consideration among a number of general management and conservation principles, the need for ensuring that traditional practices that are consistent with responsible fisheries are maintained and that the needs and interests of local fishing communities are protected and implemented (Section 13(f)). The draft Bill provides a number of general principles that may provide a basis for the participation of SSF communities in developing management strategies and decisions, yet not explicitly targeted at SSF communities. Section 8(m) of the draft Bill provides that the Director is responsible for holding consultations with stakeholders, as he/she deems appropriate, including for purposes of developing policy recommendations to the Minister. This provision, although not explicitly, allows for the participation of stakeholders, including SSF communities, in policy making processes. In Section 14(5), the draft Bill provides that in the development of a fishery management plan, the Director shall consult as required and as appropriate with any committee, which may be established under the act, and with stakeholders that may be affected. While the formulation leaves considerable freedom to the Director to decide whether or not stakeholders will be consulted, this provision provides




a basis for involving SSF communities in the development of fishery management plans by which they may be affected. The draft Bill, in Section 5, provides as a general principle to be given effect in the application of the act that governments, that resource users and others with an interest in the fisheries share responsibility for the sustainable use and economic viability of the fisheries (Section 5(b)). It also lists as a principle to be given effect the promotion of an understanding of and broad and accountable participation in the conservation, management and sustainable development of fisheries resources (Section 5(c)). Section 16 of the draft Bill provides that the Director may make arrangements with local councils, competent fishers’ organizations and other stakeholders that may be recognized for their fisheries management skills and knowledge and which have the capacity to co‐manage any fishery, for the development of shared responsibility for the management of artisanal fisheries and marine protected areas. While providing for the possibility to develop shared management arrangements, the draft Bill does not include the obligation to agree on roles and responsibilities with the SSF community as such. The process through which the agreements is reached is not determined. Section 14(6) of the draft Bill provides that the Director of Fisheries shall consult with appropriate fisheries management authorities of other states in the region and in particular with those sharing the same resources with a view to ensuring harmonization of their respective fishery management plans. The draft Bill furthermore provides that the Minister shall consult with foreign governments and in particular with those sharing the same resources to harmonize or coordinate fishery management plans, develop regional fisheries conservation and management plans, and establish bilateral or regional arrangements to this end (Section 17). Principle (l) in Section 5 of the draft Bill addresses over‐capacity. However, no clear measures are proposed and the formulation is too broad to provide the necessary guidance for fisheries managers. In relation to the role of SSF in MCS, the draft Bill does not explicitly address the issue, although formal roles of SSF could be granted on the basis of more general provisions relating to shared management of fisheries or protected areas (Section 16). Section 56 of the draft Bill charges local councils with the monitoring of aquaculture activities, without explicitly mentioning the role of small‐scale fishers in the discharge of this function. The context of Section 56 however seems to be more related to fish health and is certainly related to aquaculture activities and this provision would thus not provide the basis for involvement of SSF in MCS in capture fisheries. Section 107 of the draft Bill provides that an MCS unit shall be established and that the unit shall consist of personnel of the ministry, while services from personnel from other ministries and departments and other relevant units may from time to time be requested to assist the unit in the performance of its functions. This provision seems to exclude the possibility of participation in the MCS unit of fishermen, although it does not necessarily exclude cooperation with fishermen in MCS. The sharing of responsibilities for MCS with CMAs is a recent development that is however not addressed in legislation or policy.




The draft Bill similarly imposes a registration obligation in respect of artisanal fishing vessels (Section 89) and provides that registration numbers must be displayed on the boat while fishing (Section 89(2)). Certain documentation and information requirements apply to any vessel, irrespective of the fishery for which they are intended, for example in relation to transhipment (Section 90), and in relation to the use and marking of fish aggregating devices (Section 91). As for general information and data, Section 64(1) provides that the Director may require any person to keep and furnish information and data, accounts, records, returns, and other information, while providing that such information must be provided by certain persons, as listed in Section 64(2), which does include owners of artisanal vessels which are exempted from licenses. While owners of artisanal fishing vessels are thus not automatically subject to the obligation to provide data and information, the Director may require them to provide such information. Implicitly, the draft Bill recognizes the existence of certain forms of professional organizations, for example in Section 16, where it provides that the Director may make arrangements with local councils, competent fishers’ organizations and such other stakeholders organizations for the development of shared responsibility for the management of artisanal fisheries and marine protected areas (Section 16). The draft Bill does not address transparency, accountability, representativeness, equity and non‐discrimination explicitly in relation to organizational development. The draft Bill provides that the holder of a license or authorization issued under the Act must comply with the Act, the laws of Sierra Leone, any applicable access agreement, fisheries management plan, international conservation and management measures, and comply with all relevant provisions of national law relating to navigational standards and safety of vessels at sea (Section 77(3)). While this provision would provide the basis for the applicability of labour laws, it only applies to holders of licenses, and thus excludes owners of vessels which are merely registered, such as artisanal fishing vessels.

5.4 Gender equality

The draft Bill provides that in the application of the Bill, the promotion of gender equality and the empowerment of women is one of the principles that must be given effect (Section 5(p)). The Bill does not provide further details on ways in which to accomplish this. The draft Bill does not address ensuring that international instruments to address discrimination against women be implemented in the law and policies explicitly, although general principles in it do refer to the need to ensure compliance with international instruments on human rights, which includes the freedom from discrimination on the basis of sex. For example, the draft Bill provides that in the application of the Act, the principle of promotion of respect for human rights and democratic principles as laid down in the Universal Declaration of Human Rights, as well as the principles of rule of law shall be given effect (Section 5(q)). The draft Bill does not address explicitly the need to involve women in decision‐making, or the need to ensure that women need to have a formal role in the management of fisheries, be represented in fisheries organizations, and does not introduce mechanisms for ensuring that gender equality.




5.5 Natural disaster risk and climate change

The draft Bill does not address disaster risk management and climate change in the context of fisheries or small‐scale fisheries. The draft Bill refers broadly in Section 5(f) to the ecosystem approach and to ensuring that decisions are taken in an integrated manner. Integrated coastal zone management and the role of SSF are not referred to explicitly.

5.6 Policy coherence, institutional coordination and collaboration

The draft Bill does not address the need to establish formal linkages among institutions to ensure policy coherence and cross‐sectoral collaboration. Section 8(2) of the draft Bill provides that the Director is responsible for the coordination with other ministries, departments or agencies of government of Sierra Leone. A duty to consult with foreign governments, especially in relation to interrelated stocks may take place either directly or through existing appropriate regional and sub‐regional organizations or agencies (Section 17(1‐2)). However, no formal institutional linkages are established in the draft Bill, and the intergovernmental institutions referred to in Section 17(2) are related to predominantly interrelated stocks.

5.7 Access to justice

The draft Bill does not explicitly address access to judicial and administrative bodies to resolve disputes open to all resource users (although other instruments do); nor does it provide for alternative dispute resolution mechanisms, or specific rights of appeal against decisions in relation to resources. The draft Bill only mentions appeal explicitly by providing that any person aggrieved by a decision of the Director in relation to summary administrative procedures may appeal against the decision to the High Court (Section 168(10)). Other instruments do mention appeal. The draft Bill addresses compensation in the context of fines and penalties (Section 170(d) and (e)) and provides that compensation shall be paid to the owner of any property damaged or destroyed as a direct result of the offence, and (Section 170(e)) compensation for the cost of clearing any pollution from fishery waters that may have been caused as a direct result of the offence. This type of compensation is related to offences only and not to broader ‘damages’ SSF may suffer from due to the legitimate development and fisheries practices.




6. RECOMMENDATIONS

The recommendations provided in this section are a succinct summary of selected recommendations developed in relation to the draft Bill. The full recommendations, including possible language for provisions that may be considered for insertion into the draft Bill, are provided in Annex 2. It is to be noted that the scope of the project under which these recommendations were developed did not include the drafting of legislation and, as a consequence, did not allocate resources for developing draft provisions. For ease of their consideration in the review process of the draft Bill however, the recommendations contained in Annex 2 are provided in a style that facilities their integration in the draft Bill. These recommendations were developed without the consultation and involvement of stakeholders and without a consideration of wider legislative implications and should be regarded as preliminary draft provisions. Any of these recommendations, before being included in the draft Bill, should be reviewed on its consistency within the wider legal framework and be discussed with stakeholders.

Recognize the importance of fisheries for certain communities and traditional systems, subject to environmental management principles and human rights

Recognition that some communities, including indigenous communities, depend on fish resources for their livelihoods, and of their right to continue using fish resources.

Subject right to fish, including of small‐scale fishing and indigenous communities, to the principles and approaches applicable to all fisheries, such as sustainable use, the precautionary approach and the ecosystem approach.

Recognize/acceptable traditional practices and subject them to the constitution, and to human rights instruments.

Advisory body

Establish an Advisory Body for representatives of stakeholder groups to be consulted on management planning and decision‐making regarding resources that affect their livelihoods;

o explicitly include representatives of small‐scale fishers, women’s groups and indigenous communities in the Advisory Body;

o specify details about composition and membership of the Advisory Body, cases in which the Advisory Body is heard, and other details related to setting up an Advisory Body, including the process by which representatives are selected from representative stakeholder groups for the Advisory Body;

o explicit reference to involvement of the Advisory Body in decision‐making and policy processes as well as in management.

Registration

Specification of the registration procedure, including grounds for approval, refusal, and possibility of appeal.

Recording of access to fishing grounds and specific landing sites could occur at registration.

Specification of the rights secured by registration and the permissible uses of registered vessels for each type of registered IEZ user.




Licensing and user rights

Expand the exemption from licensing requirements from artisanal fishing vessels to include beach seine fisheries, fixed gear for small‐scale fisheries users, and small‐scale fishing activities in general, and specify criteria for determining when a vessel is exempt.

License and authorization holders must respect legal obligations related to occupational health, labour standards, and working conditions.

Inshore Exclusion Zone

Make access to the IEZ subject to vessel registration.

Consider extending IEZ access to other types of small‐scale fisheries operations.

Preferential access

Facilitate granting preferential access to landing sites and onshore facilities for fishers, especially small‐scale, who depend on them.

Ensure that access to traditional fishing grounds is protected and provide for payment of damages if protecting access is not possible.

Participation and shared management

Incorporate mandatory hearing and participation of women, small‐scale fishers and representative organizations of stakeholder groups who may be affected by fisheries management plans and decisions.

Explicit recognition of representative organizations of stakeholder groups relevant for small‐scale fisheries.

Establish co‐management where feasible and in the interest of SSF, involving small‐scale fishing communities and women in the co‐management process. Establish duties for co‐management arrangements.

Explicit legal basis for adopting rules on process for developing co‐management arrangements.

Obligation when negotiating and implementing shared management arrangements with neighbouring states to consider the interests of SSF communities in relation to shared stocks and to involve SSF communities in negotiation process if their interests are affected, and involve SSF communities in co‐management, if their interests are affected.

Gender

Explicit recognition that women play an important role in fisheries and should be involved in planning and decision‐making, and recognize explicitly the equity of access to fishing resources, and ensure gender equity in application of legislation.

Include a ministerial task to provide capacity development, especially to women and the small‐scale fishing sector, so that they may effectively represent their interests and be involved in the management and policy decision processes that may affect their livelihoods.




Indigenous communities

Throughout the Bill, explicitly mention indigenous communities when referring to artisanal fishers.

Access to justice and compensation

Provide mechanisms to facilitate access to justice, including through alternative dispute settlement procedures and compensation schemes, accessible to all resource users, particularly small‐scale fishers and vulnerable and marginalized people, to have access to justice and dispute resolution.

Development fund for small‐scale fisheries support

Establishment of a fund for development and support of small‐scale fisheries, including for capacity development, and supporting access to justice could be generated through registration fees or taxes on small‐scale fishing revenues.

Fishing access agreements

Specific obligation to involve potentially affected stakeholders, including small‐scale fisheries and local communities, in negotiations of fishing access agreements and other large‐scale developments.

Obligation to involve small‐scale fisheries representatives in the Advisory Body in assisting small‐scale fishing communities in such negotiations.

Specify the role of stakeholders (i.e. advisory, decision‐making) and the procedure for involving them in negotiations, balancing the need for inclusiveness with the interest of efficient negotiation.

Obligation to negotiate for compensation for small‐scale fishers whose livelihoods is disproportionately harmed by fishing access agreements. Such compensation may include material compensation that benefits the community as a whole.

Definition; better definition of “small‐scale fisheries” since artisanal fisheries can be small or medium scale.

The general consensus in the form of further recommendation at the review stage of this report by the participants is the expressed desire to assess the challenges of the entire fisheries sector rather than the challenges of the SSF only. The MFMR representatives in particular argued, from a policy perspective, that the challenges of the sector are those of the ministry not necessarily SSF. They suggested a study similar to this one, that will assess the needs of the entire fisheries supply chain and the challenges of the ministry. In particular they emphasized that the major problem of the ministry is in dealing with the challenges posed by the commercial/industrial fishing vessels, illegal fishing and monitoring, control and surveillance.

This report is not designed to deliberate of policy matters but rather, on the law (specifically the Bill) as drafted for promulgation. The present study has clear terms of reference, as it is time bound, focused and consistent with the spirit of the Voluntary Guidelines. It does not include an assessment of the ministry or the industrial sector needs which law strictly regulate and whose rights to the fisheries resources are specific and protected by license.




SSF rights are not secured by license. In fact, they do not take out a license to access the resources. They are only required to register. Unlike the industrial/commercial fishing vessels, SSF have no specific protected interest under the draft law. They remain a vulnerable group, which also makes them attractive to the VGGT. State functionaries such as MFMR as well as industrial fishing vessels have the means to challenge abuse and to defend their rights. Therefore, the study was selective. It is recommended that another project focusing on fisheries development might attract a study of the sector including MFMR and industrial fishing vessels.

Implementation of the Voluntary Guidelines on Responsible Governance of Tenure and on Sustainable Small‐Scale Fisheries in the Fisheries and Aquaculture Legislation of Sierra Leone: Analytical Assessment Report


ANNEX 1 ― ANALYSIS OF POLICY AND LEGAL FRAMEWORK FOR FORESTRY

Policy ‐ Stage of development Law ‐ Stage of development Score

Policy absent Law absent 0

Policy in early stage of development (informal draft available)

Law in early stage of development (informal draft available)

1

Policy in formal adoption process (usually formal draft available)

Draft law in formal adoption process (formal draft available)

2

Policy formally adopted Law adopted 3

Element of policy appears in multiple implementing policy instruments (strategies, plans, programmes, etc)

Element of law appears in multiple implementing legal instruments

4

Not applicable Not applicable N/A

13 Including the Draft marine resources management Bill.

Ref. Key elements addressed in policies and law13

ScoreReference to national legislation or policy

Recommendations for improvement of implementation law policy

I. RECOGNIZE AND RESPECT TENURE RIGHT‐HOLDERS AND THEIR RIGHTS

5.4. SSFG 1. Policies/law formally recognize legitimate SSF tenure rights (e.g. related to access to/ownership of resources and areas).

2 0 The 1994 Fisheries (Management and Development) Act (the 1994 Fisheries Act) provides that the exclusive management and control over fish, fisheries and other aquatic resources within the fisheries waters is vested in the government (Section 3). It provides specific recognition to artisanal and semi‐industrial fisheries, including at the discretion of the Minister: by exempting such fisheries from licensing obligations and fees; by providing assistance in establishing and supporting the fisheries; by establishing reserved areas for artisanal or semi‐industrial fishing; by giving priority to artisanal or semi‐

Recognition of the dependence of certain communities on fish resources for their livelihoods and of the right of these communities, including indigenous communities (linkage with element I.5), to continue to engage in fisheries, subject to principles of sustainable use and with due regard for the ecosystem approach to fisheries and the precautionary approach.



industrial fisheries and the allocation of licenses or quotas and by taking other actions, deemed necessary for the promotion and protection of these fisheries (Section 13). While Section 15 explicitly subjects the use of local fishing vessels, fixed fishing gear or beach seine to the obligation of obtaining a license, Section 4(1) of the Fisheries Regulations 1995, provides that artisanal fishing vessels may be exempted from the requirement to be licensed, but these vessels are required to be registered and to pay a registration fee. Recreational vessels must however be licensed (Section 5 Fisheries Regulations 1995). While the exemption from the obligation to obtain a license may be applied to artisanal fishing vessels, the Fisheries Regulations do not exempt beach seines or fixed gear from the obligation to obtain a license.

In Section 15 of the 1994 Fisheries Act, it is provided that the Secretary of State may take such action as deemed necessary to protect and promote artisanal and semi‐industrial fisheries, including by giving priority to such fisheries in the allocation of fishing licenses or quotas.

In the draft Fisheries and Marine Resources Management Bill (draft Bill), similarly, artisanal fishing vessels are exempted from the obligation to be licensed, although a registration obligation applies (Section 89). The draft Bill does not provide details on the registration procedure and duration of registration. While the local councils in their respective localities have jurisdiction to set the condition for registration pursuant to Section 57 of the Local Government Act 2004, the overall responsibility for registration remains with the Director of Fisheries, although this division of responsibilities is not very clear in the Bill. A policy developed by the Minister in accordance with Section 22 of the Local Government Act to address the functions devolved to local governments has not been developed to clarify the matter.

While the exemption from the obligation to obtain a license may be intended to lower the administrative burden on artisanal fishers, the lack of a license may weaken the position of artisanal fishers in terms of entitlements, although formally, the law does not restrict the fishing activities of registered vessels.

It is unclear how the exemption of the obligation to obtain a license for artisanal fishing vessels can be reconciled with Section 56(1)(b) of the 2004 Local Government Act, which provides that a local Council

[possibly Section 5 draft Bill].

Limitation of the discretion in deciding whether or not artisanal fishing vessels are exempted from the licensing obligation, by subjecting this discretion to certain specific criteria [Section 89 draft Bill, Section 13(a) of the 1994 Fisheries Decree].

Extension of the exemption of artisanal fishing vessels from license obligation to small‐scale fishing activities in general [Section 89 draft Bill, Section 13(a) Fisheries Decree].

Extension of the exemption of license obligation to beach seine fisheries and fixed gear for small‐scale fisheries users [Section 15 Fisheries Regulations](MFMR considers beach seine fisheries illegal and may not allow).

Specification of the use rights that are provided through the act of registration to those vessels exempted from the licensing obligation.

Specification of the right to transfer the use of artisanal fishing boats that are merely registered in specified – exceptional‐ circumstances. Clarification in the draft Bill Bill to what extent Section 56(1)(b) of the Local Government Act is affected by the exemption of artisanal fishing vessels from the license obligation, as this provision currently seems to be in conflict for non‐motorized canoes.

Clear statement of intention to support small‐scale fishers in continuation of their fishing activities, especially if they depend on them for their livelihoods, if in line with ecosystem approach to fisheries precautionary approach and sustainable use of resources. In addition, the policy could set out the intention to



shall issue a license to any person who owns a canoe. The local council can charge such fees for the issuance of the license as it may determine (Section 56(2)). Local councils shall also charge fees for the ‘extraction of fish’ (Section 57(c) Local Government Act). Section 22 Local Government Act provides that for functions devolved to local councils, the government Minister shall develop a policy. No such policy has been adopted. Local Councils have not yet developed any policy guidelines on this regard.

Preferential access is granted to artisanal fishermen and vessels other than semi‐industrial or industrial vessels, or canoe operating with a canoe support vessel (Section 30 1994 Fisheries Decree).

The draft Bill provides similarly that the IEZ is reserved for artisanal fishing vessels, undecked semi‐industrial fishing vessels, and recreational vessels and that other vessels may not engage in fishing, including canoes operating with a canoe support vessel (Section 18 draft Bill).

The Fisheries Policy of 2010 does recognize tenure rights in Parts II and III. Fisheries like other natural resources are owned by the state. This is supposed to mean the people of Sierra Leone. It is important to note however, that the interpretation of the word “state” in Sierra Leone has been limited to government so that ownership rights over resources are exercised mostly by the government except where clear cases of private ownership could be established. See Pg. 4 para. 3 of the Fisheries Policy 2010.

exempt SSF from licensing obligations and grant user rights by way of registration, which can be used if and for as long as they are in line with sustainable use, ecosystem approach to fisheries and precautionary practices, possibly in relation to the access to the IEZ [Section 30 1994 Fisheries Decree and Section 18 draft Bill].

Access to IEZ considered for other types of small‐scale fisheries operations, and specification that this access is subject to the vessel being registered [Section 30 1994 Fisheries Decree; Section 18 draft Bill].

Clear statement of importance of SSF, of intent to support SSF in continuation of their fishing activities, especially those who depend on them for their livelihoods, as long as they are in line with ecosystem approach to fisheries precautionary approach and sustainable use of resources [2010 policy].

Clear statement of intent to exempt SSF from licensing obligations and grant user rights by way of registration, which can be used if and for as long as they are in line with sustainable use, ecosystem approach to fisheries and precautionary practices, possibly in relation to the access to the IEZ [2010 policy].

Develop a policy on relevant functions devolved to local councils in accordance with Section 22 of the Local Government Act in particular in relation to licensing procedures by local councils and connected to this policy statement, clarification in draft Bill on role of local councils in relation to registration. [new policy to be developed; draft Bill].

2. Policies/law formally identify and record

2 0 The 1994 Fisheries Act provides the procedure for applying for a fishing licenses for local fishing vessels, fixed fishing gear or beach

Specification of the registration procedure [Section 4 1995 Fisheries Regulations; Section



legitimate SSF tenure rights.

seines (Part IV). It provides that local fishing vessels, fixed fishing gear or beach seines must be exercised under a local fishing license (Section 15(1)). Section 13 however provides that the Secretary of State may take such action as he deems necessary to promote and protect artisanal and semi‐industrial fishing including by exempting such fisheries from any requirement concerning licensing and the payment of fees (Section 13(a)). Section 4 of the 1995 Fisheries Regulations provides that those vessels that are exempted from the license obligation pursuant to Section 13 of the Act are however subject to registration (Section 4(1) Fisheries Regulations).

Part VIII of the 1994 Fisheries Act applies to licensing in general, including to non‐local fishing vessels, and provides among others that the Director shall cause to be maintained a register of all licenses issued pursuant to the Act (Section 60), including details on the nature of the licensed activity, the vessel, person or establishment licensed and the period of validity of the license.

The 1994 Fisheries Act and the 1995 Fisheries Regulations do not provide for the establishment of a similar register of registered vessels, although it seems logical that such register is maintained. In any case, the Decree and Regulations do not provide details on the register and procedure to consult it.

Importantly, while the registration of vessels may be recorded, Section 30 of the 1994 Fisheries Act restricts the use of the inshore exclusion zone to artisanal and recreational fishing vessels (Section 30(1) and 30(3)). There is no provision that excludes artisanal fishing vessels from fishing outside of the IEZ and this Section can be interpreted as a general indication of use rights in the fisheries water of Sierra Leone for artisanal fishing vessels, and an exclusive use right for artisanal and recreational fishing vessels in the IEZ.

The draft Bill stipulates that industrial, semi‐industrial and recreational fishing are subject to obtaining a licences (Section 72(1)). While artisanal fishing is not subject to the license obligation, Section 89(2) prohibits the use of artisanal fishing vessels without a valid and applicable registration number applied for by the owner (Section 89(1)). While, the draft Bill requires the establishment of a register of fishing licenses and authorizations (Section 70), there is no specific provision that calls for the registration of rights of artisanal or small‐scale fishers. Article 18(2) provides that the IEZ is reserved for artisanal fishing vessels, un‐decked semi‐industrial fishing vessels and

89 draft Bill; possibly Local Government Act] , including:

– Responsible office for submission of registration applications;

– registration conditions to be met by applicant;

– registration conditions in respect of the vessel;

– number of vessels that may be registered by one user;

– the duration of the registration; – the transferability of registered boats

and the effect on the registration; – the use by others of registered boats.

Establishment of a record of registered vessels, and specification of the accessibility of the record.

The access to fishing grounds and the use of specific landing sites and on‐shore facilities could be recorded at registration.

Specification of the rights that registration secure:

– access to fishing waters; – extraction of (certain) resources; – use of the vessel (subsistence,

commercial); – prohibited use (e.g. in support of

industrial vessels).

Making access to fishing in the IEZ subject to the obligation of registration of the vessel [Section 30 1994 Fisheries decree; Section 18 draft Bill].

Clear statement of intent to ensure that SSF tenure rights, and informal rights are recognized, identified and recorded in a



recreational fishing vessels. While the act of registration, presumably entails an act of registering the data of the owner and perhaps vessel, the draft law does not specify the information to be recorded and the procedure for recording the information nor the procedure for accessing that information.

The practice of the ministry is now to capacitate the local councils to record the artisanal/local fishing vessels within their localities.

transparent and fair manner [2010 policy].

Establishment of a transparent and accessible registry [2010 policy].

3. Policies/law consider SSF tenure rights in relation to related resources (land adjacent to fishing/landing sites).

0 3 The 1994 Fisheries Act and the 1995 Fisheries Regulations do not address this issue explicitly.

While the draft Bill does not provide for the consideration of tenure rights in relation to related resources, for example adjacent land, there are a few provisions that allude to the consideration of multiple resources, although this provision relates to aquaculture only and does not apply to capture fisheries. Section 54(b) provides that the Director in collaboration with local councils and other relevant bodies must ensure that the livelihood, culture and traditions of local communities and their access to fishing grounds are not affected by aquaculture development. In addition, Section 55 prohibits the deprivation of local communities from their traditional access to fishing grounds without good cause. Fishing grounds are not defined in the draft Bill.

With regards the sea fisheries, the practice of the MFMR is to ensure that targeted fishing communities (in this sense those occupying land adjacent to fishing landing sites) benefit from the use of landing sites constructed at particular communities for value addition. This is however not addressed on an explicit reference in the 2010 Fisheries policy.

A provision could be considered to provide that theDirector shall develop mechanisms with relevant authorities to facilitate the granting of preferential access to landing sites and land on which on‐shore fish processing facilities are situated to fishers who depend on these facilities and in particular to small‐scale fishers [Section 13 1994 Fisheries Decree].

The access to fishing grounds and the use of specific landing sites and on‐shore facilities could be recorded at registration.

A provision, similar to Section 55, could be included to ensure that access to traditional fishing grounds is protected, and that alternative access solutions must be found access is limited by other developments, and damages must be paid, if this is not possible.

Policy statement to recognize and support the use by fishermen and SSF of related resources [2010 policy].

4. Policies/law allow for or promote women’s access to fisheries use rights and related rights.


The draft Bill provides that in the application of the Bill, the promotion of gender equality and the empowerment of women is one the principles that must be given effect (Section 5(p)). The Bill does not provide further details on ways in which to accomplish this.

The Fisheries Policy 2010, addresses participation of women in the

Explicit recognition that women play an important role in fisheries and should be involved in decision‐making and planning processes, as well as the establishment of mechanisms to ensure that women are involved [Section 5 draft Bill; Part III 1994 Fisheries Decree].

Provision to allow access to fishing resources



fish industry cognisant of the fact that women are playing a key role in the fish processing and market in local markets in the country. However, the policy does not promote or provide detail on the way in which women can be allowed access to use rights and related rights.

N.B. the non‐discrimination clause of Section 27 of the Constitution contains a number of exclusions of its applicability, for example in relation to personal law, and certain cases of customary law.

and allow women to register vessels [Part II draft Bill; Part III 1994 Fisheries Decree].

Establishment of an advisory body in which representatives of stakeholder groups are consulted in management planning and decision‐making, including explicitly representatives of women’s groups. Situations for binding advise or collective agreements with fisheries management may be provided [Part III draft Bill; Part III 1994 Fisheries Decree].

Policy statement on the need for involvement of women in all decision and management processes that affect them and provision of mechanisms that facilitate their involvement, including: representation and membership to advisory boards, explicit references to involvement of women in co‐management arrangements [2010 policy].

5. Policies/law allow for or promote indigenous people’s access to fisheries use rights and related rights.

2 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft fisheries Bill do not address this issue explicitly. However, the draft Bill recognizes, as a general objective, the utilization of fisheries resources for wealth maximization and the greatest overall benefits for the people of Sierra Leone, which in broad strokes indicates the intention of the legislator to benefit and not a restricted group, although the necessary level of detail to achieve this objective may not be provided in the draft Bill.

Access to resources for artisanal fishing vessels is subject to registration of the fishing vessel (see above). While use rights as such are thus not explicitly provided for in the draft Bill, rights related to the shared management of resources are provided. Section 16 provides for shared responsibility for the management of artisanal fisheries and marine protected areas by local councils, competent fishers’ organizations and other stakeholder organizations, recognized for their fisheries management skills and knowledge.

The Fisheries Policy 2010 maintains that the resources are being managed as valuable and common property resource for all Sierra Leoneans (see part II Vision), and although this is a useful general

Propose to make explicit mention of indigenous communities when referring to artisanal fishers and when applying rights, exemptions and duties to these fishers (linkage to all references to artisanal fishers) ‐ See I.1 recommendation.

Provide access to a representative of stakeholder groups of specifically indigenous communities and their representation in the advisory body to be established. [Part III draft Bill; Part III 1994 Fisheries Decree].

Policy level recognition of the role of indigenous peoples in fisheries, their contribution and agree at policy level on the support dedicated to the strengthening of the position of indigenous people’s access rights [2010 policy].



principle, it does not provide sufficient detail as to how to implement this policy element.

6. Policies/law allow for or promote migrant fishers’ access to fisheries use rights and related rights.

0 0 No provision or reference is found. Hold further consultation on this issue to determine necessary action.

7. Policies/law subject customary SSF tenure systems to constitution and human rights.

2 0 The 1994 Fisheries Act. the 1995 Fisheries Regulations and the draft Bill do not address this issue explicitly. The customary tenure system is not explicitly recognized, although artisanal fishing vessels are exempted from the license obligation, which implies an extent of recognition. While customary tenure systems are not explicitly subjected to the constitution and human rights, the draft Bill explicitly provides as one of the guiding principles in the application of the decree to ‘respect for human rights and democratic principles as laid down in the Universal Declaration of Human Rights, as well as the principle of rule of law’ (Section 5(q)). This principle should be applied in the application of the act in general, including in relation to customary systems as far as recognized and addressed in the legislation.

There is no provision in the Policy.

N.B. the non‐discrimination clause of Section 27 of the Constitution contains a number of exclusions of its applicability, for example in relation to personal law, and certain cases of customary law.

Explicit recognition of the applicability of the principles and rights laid down in the UNDHR and other international human rights instruments as well as in the constitution [Section 5 draft Bill; Part II 1994 Fisheries Decree].

Policy statement that supports the applicability of human rights principles, and constitutional rights in the context of SSF [2010 policy].

5.7.SSFG 8. Policies/laws grant preferential access to specific fishing grounds to SSF.

4 0 See Sections 13(c) of the 1994 Fisheries Act provides that the Minister may take such action as he deems necessary to protect and promote artisanal and semi‐industrial fisheries, including by establishing reserved areas for these fisheries.

In addition to actions taken by the Minister artisanal fishers and recreational fishers have exclusive access to the Inshore Exclusion Zone (IEZ) (Section 30(1)).

Similarly, Section 15 of the draft Bill provides that the Director may take action as he deems necessary, based on sound technical advice, to protect and promote artisanal and semi‐industrial fisheries, including by establishing reserved areas for these fisheries. Similar as

Consider extension of the preferential access to the IEZ to small‐scale fishers other than artisanal and undecked semi‐industrial fishers and canoes without canoe support vessel.

See recommendation 9 of I.1 (Access to IEZ considered for other types of small‐scale fisheries operations, and specification that this access is subject to the vessel being registered [Section 30 1994 Fisheries Decree; Section 18 draft Bill].



in the 1994 fisheries Act, the draft Bill designates the IEZ as being exclusive to artisanal fishing vessels, undecked semi‐industrial fishing vessels, and recreational fishing vessels.

In addition, the draft Bill provides for measures to ensure that local communities are not deprived from traditional access to fishing grounds by aquaculture activities (Section 55(a)).

5.8. SSFG 9. Policies/laws facilitate (equitable access and) redistributive reform in place.

0 0. The 1994 Fisheries Act, the 1995 Fisheries Regulations, the draft Fisheries Bill and the 2010 fisheries policy do not address this issue.

Hold further consultation on this issue to determine necessary action.

10. Policies/laws facilitate redistributive reform, taking needs of SSF into consideration.

0 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations, the draft Fisheries Bill and the 2010 fisheries policy do not address this issue.


5.12 SSFG 11. Policies/laws provide for access to traditional fishing grounds and coastal land to displaced SSF communities.

0 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations, the draft Fisheries Bill and the 2010 fisheries policy do not address this issue.


12. Specific user rights are recognized in policies/laws that benefit SSF.

0 0 Both the 1994 Fisheries Act and the draft Bill subject fishing activities to the obligation to obtain a license (Section 15 1994 Fisheries Act, Section 89 draft Bill). Artisanal fishing vessels are exempted from this obligation and are only subject to registration (Section 4 1995 Fisheries Regulations, Section 89 draft Bill).

Section 13(d) of the 1994 Fisheries Act and Section 15(b) of the draft Bill provide for powers to take measures to provide preferential access to certain waters, or to protect and promote artisanal and semi‐industrial fishers in other ways.

No specific provision in the Fisheries Policy 2010.

Specification of the use rights that are provided through the act of registration to those vessels exempted from the licensing obligation.

Use rights specified for each of the categories of fisheries having access to IEZ, including applicability of conservation and management measures, including [Section 30 1994 Fisheries Decree; Section 18 draft Bill]:

– applicability of fishing seasons; – area based management measures

within IEZ; – gear specifications; – species restrictions;



– documentation of catch.

Policy statement on the recognition of specific use rights and their application, including in relation to SSF [2010 policy].

13. Policies/laws provide for transparent and accessible allocation mechanisms to SSF.

2 0 The 1994 Fisheries Act and the 1995 Fisheries Regulations do not provide explicit provisions to this end that apply to small‐scale fisheries. While the draft Bill does not provide provisions relevant for small‐scale fisheries either, it does introduce, in Section 73(5) the obligation for the Director of Fisheries to state in writing the reasons for the decision to decline to approve, issue or renew a license or authorization. Given that artisanal fishing vessels are exempted from the obligation to obtaining a license, this provision does not benefit the allocation of user rights to small‐scale fisheries.

As for the registration procedure, to which artisanal fishing vessels are subjected, the 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not provide any detail on the procedure, including the possibility to refuse a registration.

In addition, Section 56(1)(b) and 56(2) of the 2004 Local Government Act provide that local councils shall issue licenses to canoes and charge fees. While it is unclear how this provision relates to the general exemption of artisanal fishing vessels from the obligation to obtain a license, the 2004 Local Government Act does not provide a mechanisms or safeguards for ensuring transparency in the issuing of licenses.

This provision is read in relation to the Fisheries Act. Whereas under the fisheries Act there is no obligation to obtain a fishing license, the Local Government Act cannot impose such obligation on the canoes in the localities of such councils. The ministry has already signed MoUs with local councils and has provided training to council on how to do this. Under the emerging issues in the draft report, this is explained.

Specification of the registration procedure [as set out above, at I.10, recommendation 1], indicating the grounds for approving registration and for refusing registration, as well as the obligation to provide in writing the grounds for refusal of registration, and indication of the possibility for appeal [Section 4 1995 Fisheries Regulations; Section 89 draft Bill; possibly Local Government Act].

Specification to clarify the relationship between the licensing and registration procedures and the powers of local government, to ensure that the local government authorities are compatible with the powers provided in the fisheries decree and the fisheries Bill [Section 4 1995 Fisheries Regulations; Section 89 draft Bill; possibly Local Government Act].

Policy statement on the need for recognition and establishment of clear allocation mechanisms to SSF [2010 policy].

14. Policies/Laws allow for the transfer of user rights that benefit SSF.

2 0 The 1994 Fisheries Act provides that local fishing licenses are not transferable from one vessel to another (Section 18(1)), unless the vessel changes ownership, subject to specific conditions (Section 18(3)). However, licenses in respect of fixed gear or beach seines may be transferred under certain conditions (Section 18(2)). Section 57

Specification of the allowed use of registered vessels, including:

– conditions for ‐limited‐ use of vessels by others than the owner (e.g. family



provides similarly that licenses (for non‐local fishing vessels) are not transferable except with the written permission of the Director and in accordance with applicable access agreements.

The 1994 Fisheries Act does not address transferability of registration and it is not clear whether vessels should be re‐registered when the ownership changes, or when the vessel is used by others than the person originally registering the vessel.

While the draft Bill provides that licenses are issued to a specific fishing vessel or activity and are personal to the holder of the license (Section 82(1)), it allows for the transfer of an industrial fishing vessel license under certain conditions, upon written authorization by the Director and endorsement of the Minister (Section 82(2)).

It is uncertain to what extent transfer of registered artisanal fishing vessels is allowed under the draft Bill.

members, community members);– validity of registration; – specification whether, and under what

conditions, registered vessels may be transferred;

– specification what change of ownership of a vessels implies for the registration of the vessel.

[Section 4 1995 Fisheries Regulations; Section 89 draft Bill]

Policy level recognition that transferability of use rights in certain SSF settings is necessary for the protection of livelihoods and statement on the need to allow for transferability of use rights under certain circumstances, most appropriate for the support of SSF.

15. What type of user rights are allocated (territorial user rights, community based catch quotas, ITQ).

0 0 Artisanal fishing vessels, when registered have free access to the fishing resources within the IEZ and outside. Licenses issues to other types of vessels may be subject to certain restrictions.

The 1994 fisheries Act and the 1995 fisheries regulations do not provide for territorial use rights or quota systems. License conditions may contain restrictions (Section 54 1994 Fisheries Act, including to the level of catch.

While the draft Bill does not provide any explicit references to the type of use rights allocated, licenses issues may be subject to license conditions (Section 77(1)). Registration is not made subject to certain conditions and provides an open but regulated access to the resources in the IEZ and beyond to artisanal fishers.

In the context of access agreements, the draft Bill provides that fisheries access may be granted and licenses or authorizations issued pursuant to access agreements and similar agreements, subject to the conditions laid down in such agreements and to additional conditions as determined by the Permanent Secretary in consultation with the Director (Section 46(2)).

Specification of specific user rights that benefit SSF communities, including territorial use rights, and community based catch quota’s. Provisions for powers to decide or devolve the decision to introduce territorial user rights could be inserted in the draft Bill or the fisheries Decree, possibly in connection with the IEZ provision [Section 30 1994 Fisheries Decree; Section 18 draft Bill].

Policy level recognition of the need to allocate specific user rights to SSF and identification of the specific user rights that may be allocated [2010 policy].



II. SAFEGUARD LEGITIMATE TENURE RIGHTS AGAINST THREATS AND INFRINGEMENTS

5.7. SSFG 1. Policies/laws provide for consideration of SSF interests and representation of SSF interests before entering into fishing agreements with (foreign) states/commercial entities (consultation, participation, co‐decision‐making).

0 0 The 1994 Fisheries Act and 1995 Fisheries Regulations do not provide for the representation of SSF interests before entering into fishing agreements. Section 23(2) of the 1994 Fisheries Act provides that fishery allocations under access agreements shall not exceed a level consistent with the conservation and management of fishery resources and the protection of fishing by Sierra Leone citizens. While this provision is intended to protect national fishing interests, the provision does not call for the consultation of stakeholders representing such interest prior to the conclusion of access agreements, and no specific reference is made to the special interest of small‐scale and artisanal fishers.

The draft Bill does not provide for the obligation to consult with local fishing communities or SSF or any other fishers prior to entering into fisheries access or similar agreements.

Section 46(1) and (2) of the draft Fisheries Bill provide for consultation in entering into access agreements. However, there is no pre‐requisite for prior SSF consent or representation at any stage of the process of negotiating and entering into fishing in either the Fisheries Act of the draft Bill.

The 2010 Fisheries Policy does not provide explicit references to involving stakeholders prior in consultations prior to concluding access agreements.

Specific obligation to consult with local communities and small‐scale fisheries that may be affected prior to concluding fishing agreements [Section 23 Fisheries Decree; Section 46 draft Bill].

Establishment of an advisory body through which representatives of stakeholder groups are consulted and involved in management planning and decision‐making, including explicitly representatives of small‐scale fishers and women’s groups. Situations for binding advise or collective agreements with fisheries management may be provided [Part III draft Bill; Part III 1994 Fisheries Decree].

Policy level recognition of potential negative effect of access agreements on fishing opportunities of SSF, and statement that mechanisms need to be found to ensure that interests of SSF are taken into consideration before access agreements are concluded.

5.9. SSFG 2. Policies/laws provide for mechanisms (consultation, participation, co‐decision‐making) to support communities to protect legitimate SSF tenure rights from infringements by other resource users.

0 0 The 1994 Fisheries Act and 1995 Fisheries Regulations do not provide for mechanisms that support communities to protect legitimate SSF tenure rights from infringements by other resource users.

In very general terms, and unspecific for small‐scale fishers, the draft Bill, in Section 5(o), provides general management principles, including the principle to ensure the clear definition of responsibilities at national, regional and local levels and the establishment of appropriate structures and procedures for stakeholder consultation and engagement. Section 8(2)(m) of the draft Bill provides that the Director is responsible for holding consultations with stakeholders as he/she deems appropriate. Again, this provision is general in design and does not contain an obligation to consult or involve small‐scale fishers in decision‐making and

Establishment of an advisory body through which representatives of stakeholder groups are consulted and involved in management planning and decision‐making, including explicitly representatives of small‐scale fishers and women’s groups.

Provision of cases in which the advisory body is heard, including for example: development of fisheries management plans, policies, legislation, conclusion of access agreements [Part III draft Bill; Part III 1994 Fisheries Decree].

Procedure for developing advise by the



management for the protection of their legitimate tenure rights.

More detailed provisions related to co‐management by artisanal fishers, is provided in Section 16 of the draft Bill, which provides that the Director may make arrangements with local councils, competent fishers’ organizations and such other stakeholders’ organizations that may be recognized for their fisheries management skills and knowledge, and which have the capacity to co‐manage any fishery or area, for the development of shared responsibility for the management of artisanal fisheries and marine protected areas. Such arrangements may be established by a fishery management plan or in a shared management agreement, developed for this purpose (Section 16(2)).

The 2010 Fisheries Policy refers to consultations and stakeholders’ participation in resource management and not exclusively to protecting tenure rights from infringement especially in part III.2, which calls for the facilitation of in particular the participation of small‐scale fishers in policy planning and decision‐making and of enabling resource users to assume more of a role in operational decisions. The policy does not however provide mechanisms for ensuring this.

advisory body.

Membership of the advisory body and membership, election, resignation procedure[Part III draft Bill; Part III 1994 Fisheries Decree].

Policy to include description of effective mechanisms for involvement of SSF stakeholders in decision‐making processes related to the protection of their tenure rights [Section III.3 2010 Fisheries Policy].

3. Policies/laws provide for special support (training, judicial) to communities to protect legitimate SSF tenure rights from infringements by other resource users.

0 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not provide for provisions to this end.

Indirectly and in general terms, developing/improving human resource development to meet the challenges of the fishery sector is included in the 2010 Fisheries Policy (III.1.2.). The draft Bill, and the 1994 fisheries Act and 1995 Fisheries Regulations do not address capacity building and training.

Specific task of the ministry to provide capacity development activities, targeting explicitly: women, small‐scale fishing sector and related sector (processing, marketing, etc.). Funding to enable this could be generated by making use of registration fees, or – if applicable – taxes on small‐scale fishing revenues [Part III draft Bill; Part III 1994 Fisheries Decree].

policy level recognition of the need to ensure that appropriate, transparent and accessible support is provided to SSF to develop their capacities to protect legitimate SSF rights [2010 policy].

5.10 SSFG 4. Policies/laws provide for mechanisms (consultation,

0 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not contain any specific provisions to this end.

Explicit obligation to involve potentially affected stakeholders in the main stages of the negotiation of fishing access agreements



participation, co‐decision‐making) to formally represent SSF interests prior to large‐scale developments taking place.

and other large‐scale developments that may affect fishing practices.

Specification of procedure for involving stakeholders, balancing interest of efficient negotiations and the interest of stakeholders to be involved.

Specification of the role of stakeholders (advisory, decision‐making).

Process for providing meaningful compensation for damages, including in the form of material compensation that benefit communities as a whole (building of schools, education, establishment of processing facilities and obligation to process share of catches in these facilities, etc.] [Part V 1994 Fisheries Decree; Part VI draft Bill].

Policy level recognition of potential negative effect of certain large‐scale development that affect the marine environment on fishing opportunities of SSF, and statement that mechanisms need to be found to ensure that interests of SSF are taken into consideration before such large‐scale developments are authorized to ensure that appropriate mitigation measures are taken [2010 policy].

5. Policies/laws provide for special support (training, judicial, negotiations) to formally represent SSF interests prior to large‐scale developments taking place.

0 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not contain any specific provisions to this end.

Obligation to provide training to certain small‐scale fishers representatives, for example those included in the advisory body, and obligation to involve the small‐scale fisheries representative of the advisory body in the assisting the small‐scale communities affected by and thus involved in the negotiation of the access agreement [Part V 1994 Fisheries Decree; Part VI draft Bill].

Policy recognition of importance of strengthening judicial training and negotiation support to SSF in the context of involvement



of SSF representatives prior to large‐scale investments/ access agreement are agreed.

III. SUSTAINABLE DEVELOPMENT AND TENURE RIGHT‐HOLDERS

5.13. SSFG

Policies/laws subject SSF to general management principles related to long term conservation and sustainable use, where available.

3 3 The 1994 Fisheries Act provides in general terms and applicable to all fisheries certain principles related to the long term conservation and sustainable management of resources, for example by providing that fishery management plans need to specify conservation measures to be enforced to protect the fishery resources from over‐exploitation (Section 11(5)(i)). Fishery management plans are to be developed for each fishery (Section 11(4)(a)) and with the involvement of all those affected by the plan (Section 11(6)(b)). In taking management decisions, the Director is obliged to ensure proper conservation of the fishery resource through the prevention of over‐fishing and the taking of a precautionary approach toward harvesting when data are lacking (Section 12(b)). The management principles, although lacking fundamental ones such as the ecosystem approach to fisheries, are thus applied generally to the all fisheries.

The draft Bill provides, among the principles that must be given effect in its application, a number of principles related to conservation and sustainable use, including conservation of resources and habitat in accordance with international principles, sustainable use, economic viability and ecological balance, precautionary approach, ecosystem approach (Section 5).

The draft Bill makes specific reference to traditional practices in the context of sound fisheries management and provides that the Director, when developing plans, policies and strategies for conservation and management must take into consideration among a number of general management and conservation principles, the need for ensuring that traditional practices that are consistent with responsible fisheries are maintained and that the needs and interests of local fishing communities are protected and implemented (Section 13(f)).

In relation to fishery management plans, the draft Bill makes explicit reference to the principles listed in Section 5 and 13 (Section 14(4)(e)).

The draft Bill which recognizes that all resources users share the obligation to use the resources sustainably (e.g Section 27(3) a). It is

Explicit obligation that all fisheries, including small‐scale fisheries are carried out and planned in accordance with principles and approaches supporting the conservation and sustainable use of the resources and that access is regulated by way of such principles as the precautionary approach and ecosystem approach to fisheries [Part III 1994 Fisheries Decree; Part III draft Bill].

Specific reference that traditional practices must be taken into consideration, but will be subject to principles of sustainable management, including the ecosystem approach to fisheries and to the precautionary approach [Part III 1994 Fisheries Decree; Section 13(3) draft Bill].

Policy statement that, despite the special position of SSF, these fisheries must be in accordance with EAF and precautionary approach to ensure sustainable practices.



noted that the 1994 Act does not have a clear role of SSF in management. The Fisheries Policy in part III.1 is very clear on this as well.

5.15. SSFG

Policies/laws provide for participation of SSF communities in developing management strategies and decisions over resources that affect their livelihoods.


The 1994 Fisheries Act provides that the Director is responsible for the planning of for the management, development and conservation of all fish and fisheries in Sierra Leone (Section 11(1)). It also provides that during the preparation of fishery management plan, he must consult, as required and appropriate with any committee which may be established under the decree and with local fishermen, local authorities and others affected by the plan (Section 11(6)). While this provision allows for consultation of stakeholders, including SSF stakeholders in the development of management strategies and decisions that affect their livelihoods, the wording of the provision leaves the Director with substantial discretion as to whether and how stakeholders should be involved.

The draft Bill provides a number of general principles that may provide a basis for the participation of SSF communities in developing management strategies and decisions, yet not explicitly targeted at SSF communities.

Section 8(m) of the draft Bill provides that the Director is responsible for holding consultations with stakeholders as he/she deems appropriate, including for purposes of developing policy recommendations to the Minister. This provision, although not explicitly, allows for the participation of stakeholders, including SSF communities, in policy making processes.

In Section 14(5), the draft Bill provides that in the development of a fishery management plan, the Director shall consult as required and as appropriate with any committee which may be established under the act, and with stakeholders that may be affected. While the formulation leaves considerable freedom to the Director to decide whether or not stakeholders will be consulted, this provision provides a basis for involving SSF communities in the development of fishery management plans by which they may be affected.

The 2010 fisheries policy, in particular in part III.2 refers to participation of SSF as stakeholders having an opportunity to be

Explicit reference to involvement of advisory body, which should include a representative of among others small‐scale fisheries interest in the development of management strategies and decisions over resources that affect livelihoods of small‐scale fishers.

Mandatory hearing and participation of small‐scale fishers and other stakeholders potentially affected by decisions and management plans.

Explicit provision for processes to obtain compensation for small‐scale fishers in case development and management decisions unnecessarily affect their livelihoods.

Training and support provided to small‐scale communities to effectively represent their interests and be involved in the management and policy decision processes that may affect their livelihoods, possibly with the support of the small‐scale fisheries representative within the advisory body.

Policy calls for establishment of mechanism to be developed to facilitate involvement of SSF in management decisions that affect them, including through: development of advisory groups; insertion of obligations to hear SSF and other stakeholders in relevant decision‐making processes [2010 policy].



involved in fisheries management decision‐making processes as an interested party (although not specifically mentioned) at appropriate level in developing management decisions, and in part III.2.2 for SSF to participate in policy planning and decision‐making.

Policies/laws recognize and provide for co‐management arrangements for the management of resources.


The draft Bill, in Section 5, provides as a general principle to be given effect in the application of the act that governments, that resource users and others with an interest in the fisheries share responsibility for the sustainable use and economic viability of the fisheries (Section 5(b)). It also lists as a principle to be given effect the promotion of an understanding of and broad and accountable participation in the conservation, management and sustainable development of fisheries resources (Section 5(c)).

Section 16 of the draft Bill provides that the Director may make arrangements with local councils, competent fishers’ organizations and other stakeholders that may be recognized for their fisheries management skills and knowledge and which have the capacity to co‐manage any fishery, for the development of shared responsibility for the management of artisanal fisheries and marine protected areas.

Part III.2 of the 2010 policy addresses increase of co‐management through committed, informed and involved stakeholders.

Introduction of obligation to seek to establish as the preferred management option co‐management through the involvement of, where possible, small‐scale communities in the co‐management of resources on which they depend for their livelihoods.

Obligation to agree the co‐management conditions with affected small‐scale fisheries communities if co‐management is possible, prior to initiating co‐management.

Provide suggested duties and responsibilities for co‐management arrangements in relation to the resources that will be co‐managed, including in relation to:

– access and limitation of access; – applicability management measures

and their adoption; – data collection; – enforcement; – measures to be taken in case of non‐

compliance.

[Part III 1994 fisheries decree; Section 16 draft Bill]

Policy calls for establishment of mechanism to be developed to facilitate involvement of SSF in co‐management of resources that affect their livelihoods, including through: examples of co‐management arrangements; specification of role of SSF; involvement of others and the balance between the different actors involved in the co‐management arrangements [2010 policy].



5.17. SSFG

Policies/laws provide for the participatory agreement on roles and responsibilities of SSF communities in co‐management of resources.

0 0 The 1994 Fisheries Act and the 1995 Fisheries Regulations do not address this issue. The draft Bill, in Section 16, while providing for the possibility to develop shared management arrangements does not include the obligation to agree on roles and responsibilities with the SSF community as such. The process through which the agreements is reached is not determined.

Explicit description of the process through which co‐management arrangements must be developed, including:

– the selection of affected communities; – selection of representatives of

communities; – addressing gender issues in

representation; – setting up of a co‐management

structure/body; – form in which arrangements must be

agreed; – duties and responsibilities; – non‐compliance.


5.19. SSFG

Policies/laws enable development of intergovernmental arrangements for cooperation on management of transboundary and shared stocks.

2 0 The 1994 Fisheries Act provides that the Minister must consult, as appropriate with foreign governments and in particular with governments of states sharing the same or interrelated stocks to harmonize or coordinate respective fisheries management and development plans, to develop regional fisheries management and development plans and to establish bilateral and regional arrangements to this end (Section 14).

Section 14(6) of the draft Bill provides that the Director of Fisheries shall consult with appropriate fisheries management authorities of other states in the region and in particular with those sharing the same resources with a view to ensuring harmonization of their respective fishery management plans.

The draft Bill furthermore provides that the Minister shall consult with foreign governments and in particular with those sharing the same resources to harmonize or coordinate fishery management plans, develop regional fisheries conservation and management plans, and establish bilateral or regional arrangements to this end (Section 17).

Explicit obligation to take into consideration the interest of small‐scale fisheries communities in relation to shared stocks, when deciding on shared management arrangements with neighbouring states.

Obligation to involve small‐scale fisheries communities in negotiation process for co‐management arrangements for shared stocks with neighbouring states, if their interests are affected.

Obligation to involve small‐scale fisheries communities in co‐management arrangements of shared stocks with neighbouring states, if their interests are affected [Section 14 1994 fisheries decree; Section 14(6) and 17 draft Bill].



5.20. SSFG

Policies/laws provide measures to address fishing overcapacity.

0 0 The 1994 Fisheries Act and the 1995 Fisheries Regulations do not address this issue.

Principle (l) in Section 5 of the draft Bill addresses over‐capacity. However, no clear measures are proposed and the formulation is too broad to provide the necessary guidance for fisheries managers.

The 2010 fisheries policy does not address the issue of over‐capacity.

Explicit obligation to address over‐capacity in the fisheries sector, including by:

– developing national plans of action to address over‐capacity;

– carrying out capacity assessments and analysis of actions to be taken;

– developing effective and complete fishing vessel records;

– provision of specific measures to address overcapacity;

– regional coordination in addressing over‐capacity.

[Part VI 1994 fisheries decree; Part V draft Bill]

Policy statement that in addressing overcapacity, SSF should not be excluded, and adequate measures must be developed to address overcapacity while negative effects on livelihoods of SSF should be mitigated [2010 policy].

5.16. SSFG

Policies/laws grant a formal role to SSF communities in monitoring, control and surveillance.

0 0 The 1994 Fisheries Act and the 1995 Fisheries Regulations do not address this issue.

The draft Bill does not explicitly address the issue either, although formal roles of SSF could be granted on the basis of more general provisions relating to shared management of fisheries or protected areas (Section 16).

Section 56 of the draft Bill charges local councils with the monitoring of aquaculture activities, without explicitly mentioning the role of small‐scale fishers in the discharge of this function. The context of Section 56 however seems to be more related to fish health and is certainly related to aquaculture activities and this provision would thus not provide the basis for involvement of SSF in MCS in capture fisheries.

Section 107 of the draft Bill provides that an MCS unit shall be established and that the unit shall consist of personnel of the

Explicit reference to role of small‐scale fishers in MCS, including reporting on sightings of un‐registered vessels engaged in fishing, of vessels engaged in illegal, unreported and unregulated fishing activities [this could be linked with the co‐management arrangements of certain fish stocks and certain areas, but may also be applied broader, beyond co‐management arrangements Section: Part III 1994 fisheries decree; Section 16 draft Bill, potentially Section 107, where reference to others involved in providing support to the MCS activities could be provided].



Ministry, while services from personnel from other ministries and departments and other relevant units may from time to time be requested to assist the unit in the performance of its functions. This provisions seems to exclude the possibility of participation in the MCS unit of fishermen, although it does not necessarily exclude cooperation with fishermen in MCS.

The devolution of responsibilities for MCS to local councils is a recent development that is however not addressed in legislation or policy.

Policy statement on the role of SSF in MCS and their positive contribution to MCS included [2010 policy].

Policies/laws require SSF to register boats, document activities, provide MCS data.

2 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill all subject artisanal fishing vessels to the obligation to register fishing vessels (see above). The instruments do not provide details on the procedure for registration, the transferability of boats that have been registered, the accessibility of the records of registration, among others. Registration documentation must be produced for inspection upon request of an authorized officer or inspector (Section 4(3) 1995 Fisheries Regulation).

For industrial fishing license, the 1995 Fisheries Regulations provide rules on the documentation of activities (Section 11(5)‐(13)), which are part of the license conditions. These do not apply to artisanal fishing vessels.

The draft Bill similarly imposes a registration obligation in respect of artisanal fishing vessels (Section 89) and provides that registration numbers must be displayed on the boat while fishing (Section 89(2)). Certain documentation and information requirements apply to any vessel, irrespective of the fishery for which they are intended, for example in relation to transhipment (Section 90), and in relation to the use and marking of fish aggregating devices (Section 91). As for general information and data, Section 64(1) provides that the Director may require any person to keep and furnish information and data, accounts, records, returns, and other information, while providing that such information must be provided by certain persons, as listed in Section 64(2), which does include owners of artisanal vessels which are exempted from licenses. While owners of artisanal fishing vessels are thus not automatically subject to the obligation to provide data and information, the Director may require them to provide such information.

Explicit provision that ensures the establishment of and functioning of a register of fishing vessels (see above), including recognition and registration of activities.

Explicit obligation for SSF to provide data for MCS and for catch statistics. [Part IV 1994 fisheries decree; part IX draft Bill, and/or Section 89].

Policy statement on the need to facilitate the registration of boats and provision of documentation and of MCS data, by calling for the development of simplified and accessible systems [2010 policy].



IV. SOCIAL DEVELOPMENT, EMPLOYMENT

6.5. SSFG Policies/laws promote professional and organizational development for SSF for community, and formally recognize these for representative purposes.

0 3 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not address this issue explicitly. Implicitly, the draft Bill recognizes the existence of certain forms of professional organizations, for example in Section 16, where it provides that the Director may make arrangements with local councils, competent fishers’ organizations and such other stakeholders organizations for the development of shared responsibility for the management of artisanal fisheries and marine protected areas (Section 16).

The 2010 Fisheries Policy promotes organizational development for SSF communities although in part III.2.2.

Explicit recognition of representative organizations of stakeholder groups, including for small‐scale fisheries, in the representation of stakeholder interests, including in relation to the advisory body (see above).

Policy recognition of the importance of professional and organizational organization of SSF, and recommendation to develop ways to facilitate the establishment of such organizations, including by recognizing their existence and by involving their representatives in decision‐making and co‐management processes [2010 policy].

Policies/laws promote transparency, accountability, representativeness, equity and non‐discrimination within and in regard of organizational development.

0 1 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not address this issue explicitly in relation to organizational development.

I.3 and II of the policy document promote ideas of transparency accountability. The draft Bill highlights these in Section 5 as a core principle for the operation of MFMR. However, this is all in general terms. Constitutional provisions in for example Section 6(2) and Section 27 of Act. No. 6 of 1991(Constitution of Sierra Leone).

Explicit recognition of the process by which representatives are selected, their duties and responsibilities, including:

– selection of representatives through transparent process, focusing on capacities, and fair selection procedures;

– procedure for ensuring that representatives engage in stakeholder hearings and sharing of information through information sharing exercises;

– documentation of process; – gender balance and equity in

representation; – accountability of representatives for

duties and responsibilities; – training and remuneration.

Policy recognition of the importance of professional and organizational organization of SSF, and recommendation to develop ways to facilitate the establishment of such organizations, including by recognizing their



existence and by involving their representatives in decision‐making and co‐management processes, on the basis of principles of transparency, accountability, representativeness, equity and non‐discrimination [2010 policy].

6.12. SSFG

Policies/laws address occupational health and unfair working conditions of SSF and fish workers.

4 in labour law

0 The 1994 Fisheries Act and the 1995 Fisheries Regulations do not address this issue explicitly. The 1994 Fisheries Act provides that a license or authorization issues under the Act shall not relieve the licensee, or master or crew of any obligation or requirements imposed by law concerning navigation, health, customs, immigration or any other matter (Section 58). While this provision would cover legislation on matters including labour standards and working conditions, there is no specific reference and, in terms of SSF, the obligation does not extend to fishing vessel owners, crew or masters of vessels that are not licensed (including artisanal fishing vessels).

The draft Bill provides that the holder of a license or authorization issued under the act must comply with the act, the laws of Sierra Leone, any applicable access agreement, fisheries management plan, international conservation and management measures, and comply with all relevant provisions of national law relating to navigational standards and safety of vessels at sea (Section 77(3)). While this provision would provide the basis for the applicability of labour laws, it only applies to holders of licenses, and thus excludes owners of vessels which are merely registered, such as artisanal fishing vessels.

Articles 9‐16 of Regulations of Wages and Industrial Relations Act No. 18 of 1971. Vol. CXLII. No. 59 of 2 Sept; Vol. CXLII No. 53 of 8th August, 2011. This provides that employers are under duty to provide a safe and healthy work environment for all workers of all categories.

Explicit reference to obligations in relation to occupational health, labour standards and working conditions where reference is made to the applicable law in relation to issued licenses and authorizations [Section 58 1994 fisheries; Section 77 draft Bill].

Policy recognition that occupational health and unfair working conditions may be/are an issue in the country. Statement that an assessment of the situation must be made. Statement that measures to address this problem should be developed, with involvement of relevant stakeholders and organizations [2010 policy].

V. GENDER EQUALITY

8.1. SSFG Gender equality is mainstreamed in all policies/laws relevant to SSF.

0 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not address this issue explicitly, although general principles that seek to promote gender equity are included in the draft Bill. For example, the draft Bill provides that in the application of the Act, the principle of promotion of gender equality and the empowerment of women shall be given effect (Section 5(p)).

Explicit reference to the need to ensure gender equity in the application of the legislation including specific actions to be taken to ensure gender equity, including:

– representation of representative of women’s interest in advisory body;



All domestic laws maintain a gender balance except in the wording of the legislation where perhaps gender might be a concern with the use of HE as a general word for both genders. See The Interpretation Act No. 8 of 1971 Section 38(a). The constitution of SL Section 8(1).

– organizational development of women’s interests and their recognition;

– support in capacity building specifically targeting women.

[Part III 1994 fisheries decree; Part II draft Bill]

2010 Fisheries Policy: need to develop assessment of contribution of women to sector based on gender disaggregated data as the basis for an action plan to ensure gender equity.

Provide more specific examples and mechanisms to ensure gender equity, including by involvement of women in advisory boards, in co‐decision‐making and in co‐management of resources [2010 policy].

8.2. SSFG Policies/laws in line with international instruments to address discrimination against women.

2 0 The 1994 Fisheries Act the 1995 Fisheries Regulations and the draft Bill do not address this issue in detail, although general principles that seek to promote gender equity are included in the draft Bill, as well as compliance with international instruments on human rights, which includes the freedom from discrimination on the basis of sex. For example, the draft Bill provides that in the application of the act, the principle of promotion of respect for human rights and democratic principles as laid down in the Universal Declaration of Human Rights, as well as the principles of rule of law shall be given effect (Section 5(q)).

The 2010 policy requires compliance with international law for example in point II.4, which relates to the need for taking international instruments into consideration international instruments in management frameworks and decision‐making processes.. Part III.4.2 relates to the implementation of international instruments, with particular emphasis on conflict resolution mechanisms, access and allocation of resources, and gear classification. The issue of discrimination against women is not addressed.

Explicit reference to the need to address discrimination, including against women, in the application of the law, in accordance with international instruments.

Policy statement that recognizes and promotes the implementation of international instruments to address discrimination against women and other human rights in the context of fisheries [2010 policy].



Policies/laws require women to have a formal role in decision‐making processes for SSF policy development, or are encouraged to participate.

0 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not address this issue.

The 2010 policy does not refer to this issue either, as references to the women are general in nature and relate to enhancing means of livelihood of people in the fisheries sector, including women and youths, and the empowerment of women in the context of fish retail. It does not provide for the inclusion of women in particular in decision‐making processes.

In addition to recommendation of III.2:

Explicit reference to involvement of advisory body, which should include a representative of among others women’s interest in the development of management strategies and decisions over resources that affect livelihoods of women, especially those in small‐scale fisheries communities.

Mandatory hearing and participation of women and other stakeholders potentially affected by decisions and management plans.

Explicit provision for processes to obtain compensation for small‐scale fishers, including women, in case development and management decisions unnecessarily affect their livelihoods.

Training and support provided to women to effectively represent their interests and be involved in the management and policy decision processes that may affect their livelihoods, possibly with the support of the women’s representative within the advisory body.

[Part III 1994 fisheries decree; Part II draft Bill]

Provide at policy level for a clear intention and mechanisms to facilitate the involvement of women in decision‐making processes, especially where related or affecting retail [part II and III of the 2010 policy].



Policies/laws require women to have a formal role in management of SSF, or are encouraged to participate.


In the discussions following the review of the first draft Fisheries Bill, it was suggested by participating stakeholders for redrafting and the inclusion of a specific Section for the “promotion of gender equality and the empowerment of women.” Its incorporation will strengthen gender equality in the law. This has not yet been formerly included into the draft fisheries Bill.

The 2010 policy does not refer to this issue either, as references to the women are general in nature and relate to enhancing means of livelihood of people in the fisheries sector, including women and youths, and the empowerment of women in the context of fish retail. It does not provide for the inclusion of women in co‐management.

In addition to recommendations provided in III.3, make explicit reference to women:



Provide suggested duties and responsibilities for co‐management arrangements in relation to the resources that will be co‐managed, including in relation to:

– access and limitation of access; – applicability management measures

and their adoption; – data collection; – enforcement; – measures to be taken in case of non‐

compliance.


Provide at policy level for a clear intention and mechanisms to facilitate the involvement of women in management of SSF, especially where related or affecting retail [part II and III of the 2010 policy].



Policies/laws require women to formally be represented in fisheries organizations, or encouraged to participate.


In addition to recommendations of IV.1,2 and 3, make specific reference to women:

Explicit recognition of representative organizations of stakeholder groups, including for small‐scale fisheries, in the representation of stakeholder interests, including in relation to the advisory body, including a reference to the need for inclusion of women to ensure gender equity in the representation of interests (see above).


– selection of representatives through transparent process, focusing on capacities, and fair selection procedures;

– procedure for ensuring that representatives engage in stakeholder hearings and sharing of information through information sharing exercises;

– documentation of process; – gender balance and equity in

representation; – accountability of representatives for

duties and responsibilities; – training and remuneration.

8.3. SSFG Policies/laws set out clear implementation mechanisms to achieve gender equality.

0 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not address this issue. This was a recommendation of the Truth and Reconciliation Commission (TRC) report suggesting the mandatory inclusion of women in decision‐making processes including parliamentary representation and leadership positions in the country with the proposal of 30 percent quota for women. This is yet to be implemented.

See recommendation provided in V.1.



VI. NATURAL DISASTER RISKS AND CLIMATE CHANGE

9.2. SSFG Policies/laws that address disaster risk management and climate change adaptation in collaboration with SSF communities, and take into account special needs of SSF.


The Fisheries Policy 2010 in parts II and III seeks to reduce pressure on mangroves and other fragile habitat spawning and nursery areas as an objective to enhance ecosystem wellbeing in the sub‐region. It further recommended that the Environment Protection Agency established in 2002 and other relevant institutions be consulted and identify Sections relevant to fisheries and aquaculture as well as continue discussion on collaboration with appropriate institutions on approaches, mechanisms and processes for integrated coastal zone management. The office of National security under the National Social Security Act is empowered for addressing disaster risk management together with the Environment Protection Agency (EPA) under the EPA Act of 2002 as amended in 2008. The is also now established a climate change secretariat dealing with emerging issue of climate change and in collaboration with Office of National Security, for disaster management and response. This is done in collaboration with relevant bodies. SSF are not referred to.

Explicit reference to the need to ensure that stakeholder representatives of small‐scale fisheries interests are heard and involved in the development of climate change adaptation strategies, based on data on small‐scale fisheries sector and the way climate change adaptation may affect their livelihoods [climate change related legislation and policies].

9.6. SSFG Policies/laws make specific reference to SSF in relation to adaptation support.

0 0 None Explicit reference in measures related to climate change adaptation support to take into consideration needs and interests of small‐scale fisheries [climate change related legislation and policies].

9.7. SSFG Policies/laws on emergency response and disaster risk management strategies address SSF needs.

0 0 None Explicit reference to take into consideration needs and interests of small‐scale fisheries communities in the development and application of emergency response and disaster risk management strategies [emergency response and disaster risk management legislation and policies].

VII. POLICY COHERENCE, INSTITUTIONAL COORDINATION AND COLLABORATION

10.2. SSFG

Policies and laws are in place for spatial planning and integrated coastal

0 0 The 1994 Fisheries Decree, the 1995 Fisheries Regulations and the draft Bill do not address this issue explicitly.

The draft Bill refers broadly in Section 5(f) to the ecosystem approach

Explicit provision to ensure consideration and where possible application of spatial planning (SP) and integrated coastal zone management



zone management, considerate of customary tenure systems and decision‐making processes.

and to ensuring that decisions are taken in an integrated manner. Integrated coastal zone management is not referred to explicitly.

The Fisheries Policy 2010 addresses coastal zone management challenges in parts II and III but not in the context of customary tenure systems and decision‐making processes.

As a guiding fisheries management principle of MFMR, management systems include planning integrated coastal zone management, decision‐making and customary tenure issues.(see point II.4). Matters related to land use planning in so far as it relates to coastal areas is within the competence of the ministry of Lands, Country Planning and the Environment. The ministry is currently working on a draft for land use planning and it is not clear whether integrated coastal management is explicitly addressed in the land use planning policy.

(ICZM) [Part III 1994 fisheries decree; part IV draft Bill].

Ensuring multi‐stakeholder consultations, possibly through the establishment of a dedicated body (e.g. as a sub‐body of the advisory body) or through ad hoc arrangements with multi‐sectoral stakeholders, depending on the frequency of the consultation of such multiple stakeholders.

If a sub‐body of the advisory body is established dedicated to ICZM and SP and other issues requiring multistakeholder and multisectoral consultation, explicit provision on the establishment of such body, selection of representatives, appointment and membership, remuneration, resignation, of members, terms, and duties and responsibilities, in line with recommendation provided in relation to IV.1 and 2.

Broad policy statement that position of SSF and customary tenure systems need to be considered and communities need to be involved in integrated practices such as ICZM [2010 policy in part II or III; specific policies related to ICZM and or integrated management].

10.4. SFFG

Policies/laws provide for a long‐term vision for sustainable SSF and the eradication of hunger, using Ecosystem approach to fisheries.

2 3 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill address ecosystem approach to fisheries, but not in the context of SSF. The policy of 2010 addresses these principles in a similar fashion, especially in part II.

This ecosystem approach to fisheries and the eradication of hunger is the very essence of the ministry of Fisheries programmes in line with the government’s Agenda for Prosperity and it is a principle of fisheries management in suggested in Section 5(f) of the draft Bill.

Explicit reference to the long term vision for sustainable fisheries, including small‐scale fisheries, and the eradication of hunger, based on the ecosystem approach to fisheries and other responsible fisheries measures [Part III 1994 fisheries decree; Part II draft Bill].



10.5. SFFG

Policies/laws establish formal institutional linkages, including national, regional and global, for policy coherence and cross‐sectoral collaboration.

0 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not address this issue explicitly

Section 8(2)(a) of the draft Bill provides that the Director is responsible for the coordination with other ministries, departments or agencies of government of Sierra Leone and, in Section 8(2)(i). A duty to consult with foreign governments, especially in relation to interrelated stocks, exists, (Section 17(1)) which may take place either directly or through existing appropriate regional and sub‐regional organizations or agencies (Section 17(2)). However, no formal institutional linkages are established in the draft Bill, and the intergovernmental institutions referred to in Section 17(2) are related to predominantly interrelated stocks.

Explicit reference to the need for cross‐sectoral consultation.

One option is to ensure that the advisory body to be established incorporates representatives from multi‐sectoral stakeholders, including ministries, agencies, universities, industry, and other sectors that may affect fisheries or by which fisheries may be affected. If the duties and responsibilities of the advisory body are not generally multi‐sectoral in nature, a subsidiary body could be established in which multi‐sectoral interests are represented, following (recommendation provided in relation to IV.1 and 2).

VIII. ACCESS TO JUSTICE

21.1 VGGT

Policies/laws require access for all resource users (including SSF) to judicial and administrative bodies to resolve disputes.

4 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not address this issue explicitly.

Section 8(2)(c) of the Constitution of Sierra Leone provides that in furtherance of social order the governance shall secure and maintain the independence, impartiality and integrity of courts of law and unfettered access thereto, and to this end shall ensure that the operation of the legal system promotes justice on the basis of equal opportunity, and that opportunities for securing justice are not denied any citizen by reason of economic or other disability. The provisions of Section 23 of the constitution of Sierra Leone guarantee secure protection of the law of all individuals (including SSF) an includes a right to access the courts and an obligation to be independent, impartial, and for the delivery of such judgement or orders by the courts or other authority within a period of three months.

Section 65 of the draft Bill provides specifically that any person harmed by a violation of any provision of the act or the accompanying regulations may bring action against any responsible person, except the government and its employees in a court of competent jurisdiction (Section 65(1)).

Explicit reference to the need to ensure and facilitate that all resource users, in particular SSF, and vulnerable and marginalized people have access to judicial and administrative bodies to resolve disputes.



Policies/laws provide for access to alternative dispute resolution mechanisms, available to all, and at early stage of conflict.

4 0 The 1994 Fisheries Act, the 1995 Fisheries Regulations and the draft Bill do not address this issue explicitly nor the Fisheries Policy of 2010. However, Chapter 25 of the Laws of Sierra Leone 1960 provide alternative modes of dispute resolution open to those who may so desire for that option in accordance of course, with the general law, which relates to arbitration proceedings.

Reference to need to develop effective and informal dispute settlement mechanisms accessible to all resource users, in particular SSF and vulnerable and marginalized people [2010 policy; draft Bill].

Policies/laws provide for right to appeal to decisions.

4 0 The 1994 Fisheries Act provides sporadically for the right to appeal, for example in relation to the compounding of offences, by providing that any person aggrieved by the decision of the Director on this matter may appeal to the High Court.

The draft Bill only mentions appeal explicitly by providing that any person aggrieved by a decision of the Director in relation to summary administrative procedures may appeal against the decision to the High Court (Section 168(10)).

Appeal (against administrative proceedings) is a right under the constitution of Sierra Leone, which guarantees a secure protection of law pursuant to Section 23. An appeal to the court depends on the jurisdiction of the tribunal, commission, authority or panel as the case may be. The right to appeal exists as a constitutional right. Any administrative decision is subject to the High court having supervisory jurisdiction over all lower courts and other authorities pursuant to Section 134 of the constitution. The High court is the first court of appeal (Section 132(2) Constitution).

The Constitution provides in Section… that every person is entitled to a right to appeal a decision. Such appeal is available as a right. There is a hierarchy of courts guaranteeing appeal up to the highest court in the land, from the Local courts or the Magistrates Courts as the case may b to the High Court, to the Court of Appeal and then the Supreme Court. This provides equal opportunity to all to purse a course of action through that hierarchy. The 2010 policy does not address judicial issues.

The arbitral decisions or otherwise can be challenged in a courts. Decisions of arbitration tribunals however cannot be appealed against.

Although local courts do not apply the generally, the decisions which are based on customary law may not be appealed against unless there is an element of right which is covered under the general law as



the case maybe. In such an instance the Magistrate sitting on the appeal, must sit with assessors who will advise him on the customary aspect of the issue appealed against.

Policies/laws provide for fair and enforceable remedies.

3 0 The 1994 Fisheries Act and 1995 Fisheries Regulations do not explicitly address remedies and compensation.

The draft Bill addresses compensation in the context of fines and penalties (Section 170(d) and (e)) and provides that compensation shall be paid to the owner of any property damaged or destroyed as a direct result of the offence, and (Section 170(e)) compensation for the cost of clearing any pollution from fishery waters that may have been caused as a direct result of the offence. This type of compensation is related to offences only and not to broader ‘damages’ SSF may suffer from due to the legitimate development and fisheries practices.

The general law in relation to damages requires proof of actual damage or loss in a court of law. At that stage it will be the courts, which decides what compensation, should be awarded in relation to the loss or damage suffered.

Provide for the obligation to negotiate compensation for losses in fishing opportunities for those who depend on it for their livelihoods as a result of human interventions, such as the negotiation of access agreements that have a negative impact on fishing [draft Bill Section 46].

21.2 VGGT

Policies/laws establish special tribunals or bodies to deal with SSF tenure rights disputes, and related matters (spatial planning, resource use, etc).

0 0 The Fisheries Act, The Fisheries Regulations and the Fisheries Policy do not make any provisions for special tribunals regarding SSF tenure rights. No national legislation suggests this. However, specific bodies or authorities may by virtue of the instruments creating them, require that, as a course of first instance, proceedings to redress any remedy must be commenced by written report to some authority sitting as a tribunal to investigate the claim. The High court always has supervisory jurisdiction over such authority in case there is any error in the application of principles or law, the facts or the interpretation of statutory provisions. See Section 34 of the constitution of Sierra Leone.

21.3 VGGT

Policies/laws address and recognize customary or other established forms of dispute resolution and set minimum standards, including fairness, reliability, accessibility

0 0 There is an ancient and recognized customary law system of justice throughout the territory outside the capital of Freetown. Freetown does not recognize customary law because its traditional occupants are non‐natives, customary law only applies to natives (People of other tribes other than krios). Customary law is greatly influenced by their tribe and locality as it varies from tribe to tribe and from locality

Amend the Local Courts Act, 2011:

– to allow claimants to opt out of the customary system;

– to remove sexist language by replacing all references to “he” by “he/she”;



and non‐discrimination. to locality. – to include minimum requirements for the representation of women on local courts.

21.4 VGGT

Policies/ laws require that legal assistance is available to vulnerable and marginalized people to ensure access to justice.

0 0 Fisheries law, regulation and policy do not make provision for legal assistance.

Legal assistance has only been given in criminal cases, which are charged by police on the advice of the Attorney General. Civil claims for damages and or compensation are not covered. The Legal Aid Act of 2012 established a Legal Aid Board to provide, administer, coordinate and monitor the provision of free legal services in both civil and criminal cases to indigent Sierra Leoneans including of course where this maybe required, SSF. This board however, has still not been constituted.

Establishment of a fund for support to SSF, vulnerable and marginalized people, to ensure access to justice [policy and draft Bill].

Implement the Legal Aid Act, 2012 by setting up the Legal Aid Board.



ANNEX 2 ― RECOMMENDATIONS ON THE DRAFT FISHERIES BILL

Bill Section Recommendations Summary Suggested text for redrafting

Part I ‐ Preliminary

1‐2.

Part II – Rights, Jurisdiction, Application and Principles

3‐4.

5. General management principles and objectives

Recognition of the dependence of certain communities on fish resources for their livelihoods and of the right of these communities, including indigenous communities (linkage with element I.5), to continue to engage in fisheries, subject to principles of sustainable use and with due regard for the ecosystem approach to fisheries and the precautionary approach. [possibly Section 5 draft Bill] – New.

Clear statement of intention to support small‐scale fishers in continuation of their fishing activities, especially if they depend on them for their livelihoods, if in line with ecosystem approach to fisheries precautionary approach and sustainable use of resources.

Explicit recognition that women play an important role in fisheries and should be involved in decision‐making and planning processes, as well as the establishment of mechanisms to ensure that women are involved [Section 5 draft Bill; Part III 1994 Fisheries Decree] – (p).

Primacy of sustainability

Recognition that some communities, including indigenous communities, depend on fish resources for their livelihoods, and of their right to continue using fish resources, subject to the principles and approaches applicable to all fisheries, such as sustainable use, the precautionary approach and the ecosystem approach.

Section 5. In the application of this Act, the following principles shall be given effect:

e) application of the precautionary approach to the management and development of fisheries, including small‐scale fisheries, at no less standard than set out in any international agreement, and not use the absence of adequate scientific information as a reason for postponing or failing to take conservation and management measures.

p) promotion of gender equality and the empowerment of women in all aspects of planning, decision‐making, access to resources and exercise of rights under this legislation.

Explicit recognition of the applicability of the principles and rights laid down in the UNDHR and other international human rights instruments as well as in the constitution [Section 5 draft Bill; Part II 1994 Fisheries Decree] – (q).

Provision to allow access to fishing resources and allow women to register vessels [Part II draft Bill; Part III 1994 Fisheries

Explicit reference to the long term vision for sustainable fisheries and to its role in the eradication of hunger.

Gender equity

1) Explicit recognition that women play an important role in fisheries

q) promotion of respect for human rights and democratic principles as laid down in the Universal Declaration of Human Rights, other international human rights instruments and the constitution, as well as for the rule of law.

NEW: recognition that certain communities,




Decree] – (p).

Explicit obligation that all fisheries, including small‐scale fisheries are carried out and planned in accordance with principles and approaches supporting the conservation and sustainable use of the resources and that access is regulated by way of such principles as the precautionary approach and ecosystem approach to fisheries [Part III 1994 Fisheries Decree; Part III draft Bill] – New.

Explicit reference to the need to ensure gender equity in the application of the legislation including specific actions to be taken to ensure gender equity [Part III 1994 fisheries decree; Part II draft Bill] – (p).

Explicit reference to the long term vision for sustainable fisheries, including small‐scale fisheries, and the eradication of hunger, based on the ecosystem approach to fisheries [Part III 1994 fisheries decree; Part II draft Bill] – New.

and should be involved in planning and decision‐making.

2) Include equity of access to fishing resources and ability to register vessels.

3) Explicit reference to the need to ensure gender equity in application of legislation.

Human rights

Explicit recognition of principles and rights listed in:

– UNDHR; – Other international human

rights instruments; – Constitution.

including indigenous communities, depend on fish resources for their livelihoods, and of their right to continue to engage in fishing, subject to the conservation principles and approaches applicable to all fisheries.

NEW: pursuit of a long‐term vision for sustainable fisheries, including small‐scale fisheries, based on the ecosystem approach to fisheries.

NEW: promotion of fisheries, including small‐scale fisheries, based on sustainable use principles, as a contribution to the eradication of hunger.

Part III – Administration

6‐7.

8. Capacity building and training

Specific task of the ministry to provide capacity development activities, targeting explicitly: women, small‐scale fishing sector and related sectors (processing, marketing, etc.). Funding to this enable this could be generated by making use of registration fees, or – if applicable – taxes on small‐scale fishing revenues.[Part III draft Bill; Part III 1994 Fisheries Decree] – New.

Support in capacity building specifically targeting women – included above.

Obligation to provide training to certain small‐scale fishers representatives, for example those included in the advisory body, [New] and obligation to involve the small‐scale fisheries representative of the advisory body in the assisting the small‐scale communities affected by and thus involved in the negotiation of the access agreement [Part V 1994 Fisheries Decree; Part VI draft

Ministry obligation to provide capacity development, especially to women and the small‐scale fishing sector, so that they may effectively represent their interests and be involved in the management and policy decision processes that may affect their livelihoods.

Establishment of a fund for development and support of the small‐scale fisheries, including for capacity development, and supporting access to justice could be generated through registration fees or taxes on small‐scale fishing

Section 8(2) Without prejudice to the generality of subsection (1), the DG shall be responsible for:

NEW after (2)(n): providing training and other capacity development activities, targeting women and members of the small‐scale fishing sector to strengthen their capacity to effectively represent their interests and be involved in the management and policy decision processes that may affect their livelihoods.

NEW (within part III) A fund shall be established for the development and support of small‐scale fisheries. The fund may be supplied by license fees, as determined by the Minister.




Bill] – [in § 46].

Establishment of a fund for support to SSF, vulnerable and marginalized people, to ensure access to justice [policy and draft Bill] – (8).

Training and support provided to women to effectively represent their interests and be involved in the management and policy decision processes that may affect their livelihoods, possibly with the support of the women’s representative within the advisory body – New.

Training and support provided to small‐scale communities to effectively represent their interests and be involved in the management and policy decision processes that may affect their livelihoods, possibly with the support of the small‐scale fisheries representative within the advisory body – New.

revenues.

9‐12.




New Section – Establishment of advisory body

Establishment of an advisory body through which representatives of stakeholder groups are consulted and involved in management planning and decision‐making, including explicitly representatives of small‐scale fishers and women’s groups. Situations for binding advise or collective agreements with fisheries management may be provided [Part III draft Bill; Part III 1994 Fisheries Decree] – (after 7 (a)).

Provide access to a representative of stakeholder groups of specifically indigenous communities and their representation in the advisory body to be established. [Part III draft Bill; Part III 1994 Fisheries Decree] – (new after 7 (a)).

Provision of cases in which the advisory body is heard, including for example: development of fisheries management plans, policies, legislation, conclusion of access agreements [Part III draft Bill; Part III 1994 Fisheries Decree] – (new after 7 (b)).

Procedure for developing advise by the advisory body.

Membership of the advisory body and membership, election, resignation procedure[Part III draft Bill; Part III 1994 Fisheries Decree] – (new after 7 (c)(d)).

Explicit reference to involvement of advisory body, which should include a representative of among others women’s interest in the development of management strategies and decisions over resources that affect livelihoods of women, especially those in small‐scale fisheries communities – (new after 7 (g) and Section 15, see below).

Explicit reference to the need for cross‐sectoral consultation. One option is to ensure that the advisory body to be established incorporates representatives from multi‐sectoral stakeholders, including ministries, agencies, universities, industry, and other sectors that may affect fisheries or by which fisheries may be affected. If the duties and responsibilities of the advisory body are not generally multi‐sectoral in nature, a subsidiary body could be established in which multi‐sectoral interests are represented,

Establish an Advisory Body for representatives of stakeholder groups to be consulted on management planning and decision‐making regarding resources that affect their livelihoods.

Explicitly include representatives of small‐scale fishers, women’s groups and indigenous communities in Advisory Body.

Specify details about composition and membership of the advisory body, cases in which the advisory body is heard, and other details related to setting up an Advisory Body, including the process by which representatives are selected from representative stakeholder groups for the Advisory Body.

Perhaps include details on a sub‐body dedicated to ICZM, SP and other issues requiring multi‐sectoral consultation.

Section 12 after (7):

(a) The Director shall establish a Fisheries Advisory Body (the “Advisory Body”) to represent stakeholder interests in developing management strategies and making decisions regarding resources that affect their livelihoods and advise on cross‐sectoral and multi‐disciplinary matters.

(b) The Advisory Body shall advise the Director on development of fisheries management plans, legislation, policies, access agreements, and other such fisheries management decisions that affect the livelihoods of small‐scale fishing communities and on cross sectoral and multi‐disciplinary matters.

(c) The Advisory Body shall consist of no more than X members consisting of representatives of small‐scale fishers, women’s groups, and indigenous communities, fishing industry, fishery associations, academia and relevant ministries and government agencies.

(d) Composition, election, terms of office, and procedures will be determined by Regulations. The Advisory Body may establish rules of procedure.

(e) The Director must take into consideration the advice provided by the Advisory Body. The Director shall specify in writing the reasons for which advice was not followed, where applicable.

(f) Reasonable allowances or expenses shall be paid to members attending meetings of the




following (new after 7 (a)(b)).

Ensuring multi‐stakeholder consultations, possibly through the establishment of a dedicated body (e.g. as a sub‐body of the advisory body) or through ad hoc arrangements with multi‐sectoral stakeholders, depending on the frequency of the consultation of such multiple stakeholders.

Representation of representative of women’s interest in advisory body (NEW (3)).

Explicit reference to involvement of advisory body, which should include a representative of among others small‐scale fisheries interest in the development of management strategies and decisions over resources that affect livelihoods of small‐scale fishers (NEW and Section 15).

Advisory Body or any sub‐body established under it.

(g) Stakeholders’ organizations providing representatives to the Advisory Body should: – select representatives through a fair and

transparent process; – ensure that representatives engage in

stakeholder hearings and information sharing;

– document processes for representation; – ensure gender balance and equity in

representation; – ensure accountability of representatives

to stakeholders; – arrange for training and remuneration of

representatives, as appropriate.

Part IV – Fisheries Conservation, Management, Development, and Sustainable Use

13. Traditional practices

Specific reference that traditional practices must be taken into consideration, but will be subject to principles of sustainable management, including the ecosystem approach to fisheries and to the precautionary approach. [Part III 1994 Fisheries Decree; Section 13(3) draft Bill] – (f).

Specific reference to respecting traditional practices, subject to sustainable management, including ecosystem approach and precautionary approach.

Section 13(f) ensuring that traditional practices and the needs and interests of local fishing communities are respected, subject to principles of sustainable management, including the ecosystem approach and the precautionary approach.

14. Management plans and arrangements

Mandatory hearing and participation of small‐scale fishers and other stakeholders potentially affected by decisions and management plans – (5).

Explicit obligation to take into consideration the interest of small‐scale fisheries communities in relation to shared stocks, when deciding on shared management arrangements with neighbouring states [Section 14 1994 fisheries decree; Section 14(6) and 17 draft] – (6)(also in Section 17).

Explicit provision to ensure consideration and where possible application of spatial planning (SP) and integrated coastal zone

Incorporate mandatory hearing and participation of women, small‐scale fishers and representative organizations of stakeholder groups who may be affected by fisheries management plans and decisions.

Explicit obligation to consider the interests of small‐scale fishery communities in relation to shared stocks.

Section (4) Each fisheries management plan shall:

(NEW after (e)) fisheries management plans shall be based on and developed according to integrated management principles, such as spatial planning and integrated coastal zone management.

(5) The DG shall, during the preparation of each fisheries management plan, consult as required and appropriate with the Advisory Body, any committee which may be established and




management (ICZM) [Part III 1994 fisheries decree; part IV draft Bill] – (4 New)).

performing its functions under this Act and stakeholders that may be affected by the plan, including women, small‐scale fishers and representative organizations of stakeholder groups.

Mandatory hearing and participation of women and other stakeholders potentially affected by decisions and management plans ‐ 14(5).

Consideration of spatial planning and integrated coastal zone management.

(6) The DG shall consult wherever practicable with the appropriate fisheries management authorities of other states in the region, and in particular with those sharing the same or interrelated stocks, with a view to ensuring the harmonization of their respective fisheries management plans, taking into consideration the interests of small‐scale fisheries communities.

15. Access to resources and user rights over associated resources

A provision could be considered to provide that the Director shall develop mechanisms with relevant authorities to facilitate the granting of preferential access to landing sites and land on which on‐shore fish processing facilities are situated to fishers who depend on these facilities and in particular to small‐scale fishers [Section 13 1994 Fisheries Decree] – New.

Explicit reference to involvement of advisory body, which should include a representative of among others women’s interest in the development of management strategies and decisions over resources that affect livelihoods of women, especially those in small‐scale fisheries communities – Advisory Body and 15.

Explicit reference to involvement of the Advisory Body in decision‐making and policy processes as well as in management.

Explicit recognition of representative organizations of stakeholder groups relevant for small‐scale fisheries.

The DG, in the implementation of this Act, may take such action as he/she deems necessary, based on sound technical advice, to protect and promote artisanal and semi‐industrial fisheries, including:

(a) providing assistance in the establishment and development of fishing, fish processing or marketing co‐operative societies.

(b) establishing reserved areas for artisanal or semi‐industrial fishing.

(NEW after (b)) protecting access to traditional fishing grounds and to associated resources on which these fisheries depend.

Explicit reference to involvement of advisory body, which should include a representative of among others small‐scale fisheries interest in the development of management strategies and decisions over resources that affect livelihoods of small‐scale fishers – Advisory Body and 15.

Facilitate granting preferential access to landing sites and onshore facilities for fishers, especially small‐scale, who depend on them.

Ensure that access to traditional fishing grounds is protected and

(c) giving priority to artisanal or semi‐industrial fisheries in the allocation of fishing licences, rights or quotas; and

(d) taking such other action as he/she deems necessary for the protection and promotion of such fisheries.




provide for payment of damages if protecting access is not possible.

Provision for power to decide or devolve decision on introducing territorial use rights and/or community‐based quotas.

(NEW before (e)) involving the Advisory Body in decision‐making and policy development that affects artisanal and semi‐industrial fisheries.

(e) ensuring their representation on the stakeholder consultative bodies, including through representative organizations of stakeholder groups.

16. Co‐management



Establish co‐management where feasible and in the interest of SSF, involving small‐scale fishing communities and women in the co‐management process. Establish duties for co‐management arrangements.

NEW before (1)) Where feasible and in the interest of the fishery, the DG shall initiate negotiations for the establishment of co‐management of fisheries with stakeholders in small‐scale fishers.

Provide suggested duties and responsibilities for co‐management arrangements in relation to the resources that will be co‐management, including in relation to:

– access and limitation of access; – applicability of management measures and process for

their adoption; – data collection; – enforcement; – measures to be taken in case of non‐compliance.

[Part III 1994 fisheries decree; Section 16 draft Bill] (NEW before (1) and (2))

Explicit description of the process through which co‐management arrangements must be developed, including:

– the selection of affected communities; – selection of representatives of communities; – addressing gender issues in representation; – setting up of a co‐management structure/body;

Explicit legal basis for adopting rules on process for developing co‐management arrangements.

(1) The DG may make arrangements with local councils, competent fishers’ organizations and such other stakeholders’ organizations that may be recognized for their fisheries management skills and knowledge, and which have the capacity to co‐manage any fishery or area, for the development of shared responsibility for the management of artisanal fisheries and marine protected areas.

(2) Co‐management arrangements may be established in fishery management plans established in accordance with Section 14, or by a shared management agreement which includes the following:

– a statement of objectives of the agreement; – a description of the area covered by the

agreement; – a description of the management activities

to be undertaken; – applicability of management measures and




– form in which arrangements must be agreed;– duties and responsibilities; – non‐compliance.

[Part III 1994 fisheries decree; Section 16 draft Bill] ‐ (NEW after (2))

process for their adoption;– rules governing the access to and use by to

other fishers; – rules governing the requirements for

information and data; – rules governing the enforcement of the

agreed activities; – measures to be taken in case of non‐

compliance; – the duration of the agreement; – provision for monitoring the agreement; – provision for revision of the agreement; – provision for the settlement of disputes.


– selection of representatives through transparent process, focusing on capacities, and fair selection procedures

– procedure for ensuring that representatives engage in stakeholder hearings and sharing of information through information sharing exercises

– documentation of process – gender balance and equity in representation – accountability of representatives for duties and

responsibilities – training and remuneration

(NEW after (2))

(NEW after (2)) The Director shall establish rules that determine the process for developing shared management agreements, which shall include at a minimum:

– selection of affected communities; – selection of community representatives; – addressing gender issues in representation; – establishment of co‐management body or

structure; – formal requirements of the agreement; – duties and responsibilities of co‐managers; – accountability of representatives for duties

and responsibilities; – training and remuneration; – documentation of the negotiation and

process.

17. Shared‐stocks

Explicit obligation to take into consideration the interests of small‐scale fisheries communities in relation to shared stocks, when deciding on shared management arrangements with neighbouring

Obligation when negotiating and implementing shared management arrangements with neighbouring

(NEW after (2)) When negotiating and implementing shared management arrangements with other states, the Minister shall consider the




states – (New (also in 14(6))).

Obligation to involve small‐scale fisheries communities in negotiation process for co‐management arrangements for shared stocks with neighbouring states if their interests are affected – New.

Obligation to involve small‐scale fisheries communities in co‐management arrangements of shared stocks with neighbouring states, if their interests are affected – New.

states to:

– Consider the interests of SSF communities in relation to shared stocks.

– Involve SSF communities in negotiation process if their interests are affected.

– Involve SSF communities in co‐management, if their interests are affected.

interests of small‐scale fisheries communities in relation to shared stocks and involve small‐scale fisheries communities both in the negotiation process and in any shared management arrangements, if their interests are affected.

New Section: Dispute resolution and access to justice

Explicit reference to the need to ensure and facilitate that all resource users, in particular SSF, and vulnerable and marginalized people have access to judicial and administrative bodies to resolve disputes.

Explicit provision for processes to obtain compensation for small‐scale fishers, including women, in case development and management decisions unnecessarily affect their livelihoods.

This issue, which is closely related to capacity development, should be based on a sound policy decision.

Explicit reference to the need for to establish mechanisms to facilitate access to justice for all resource users, particularly small‐scale fishers and vulnerable and marginalized people, have access to justice and dispute resolution.

Processes to obtain compensation for SSF whose livelihoods are harmed by development and fisheries management decisions.

Law and Policy

(1) The Minister may establish mechanisms to facilitate access to justice, including through the development of alternative dispute settlement mechanisms, and compensation schemes.

(2) The Minister shall develop rules and procedures to facilitate access to justice to ensure that all fisheries resource users, including small‐scale fishers and members of vulnerable or marginalized populations, have a right to access judicial and administrative bodies to resolve disputes over fisheries resources.

(3) The Minister shall coordinate with relevant agencies and Ministries in the establishment of a mechanism in the sense of subsection (1) to ensure coordination.




Part V – Conservation Measures

18. Access to IEZ

Access to IEZ considered for other types of small‐scale fisheries operations, and specification that this access is subject to the vessel being registered [Section 30 1994 Fisheries Decree; Section 18 draft Bill] – ((New after (2)).

State intention to exempt small‐scale fishers from licensing obligations and grant user rights through registration instead.

Section 18 (2) The IEZ shall be reserved for artisanal fishing vessels, undecked semi‐industrial fishing vessels, recreational fishing vessels and other small‐scale fisheries operations that depend on access to the IEZ for their livelihood, as the Director may deem appropriate.

Use rights specified for each of the categories of fisheries having access to IEZ, including applicability of conservation and management measures, including [Section 30 1994 Fisheries Decree; Section 18 draft Bill] – (New):

– applicability of fishing seasons; – area based management measures within IEZ; – gear specifications; – species restrictions; – documentation of catch. (New)

Making access to fishing in the IEZ subject to the obligation of registration of the vessel [Section 30 1994 Fisheries decree; Section 18 draft Bill] – New.

A provision, similar to Section 55, could be included to ensure that access to traditional fishing grounds is protected, and that alternative access solutions must be found if access is limited by other developments, and damages must be paid, if alternative solutions cannot be identified – New.

Make access to the IEZ subject to vessel registration.

Consider extending IEZ access to other types of small‐scale fisheries operations.

Reference user rights granted through registration (specified in Section 89).

Access to the IEZ shall be limited to vessels registered in accordance with Section 89.

NEW after (2) Access to the IEZ may be subject to rights and restrictions.

Rights and restrictions in the sense of subsection (x) shall be recorded at registration in the sense of Section 89.

New Conservation and management measures specific to the IEZ and fishing operations in the IEZ may be developed.

NEW

(1) No person shall, by carrying out any activities, deprive a local community of access to its traditional fishing grounds without good cause.

(2) Where local communities will be deprived from access to traditional fishing grounds, alternative options for the development must be sought.

(3) Where alternative solutions for ensuring continued access to traditional fishing grounds, reasonable compensation must be paid to stakeholders that have been deprived of access to such grounds.




19‐40.

Part VI – Compliance with Act, Licenses, Authorizations and Requirements for Fishing Vessels Entering, Navigating or Exiting the Fishery Waters

41‐45.

Part VII – Fishing by Foreign Fishing Vessels or Vessels Fishing Under Charter Arrangements

46. Fishing access agreements

Specific obligation to consult with local communities and small‐scale fisheries that may be affected by the access agreement prior to concluding the fishing agreements [Section 23 Fisheries Decree; Section 46 draft Bill] – New.

Provide for the obligation to negotiate compensation for losses in fishing opportunities for those who depend on it for their livelihoods as a result of human interventions, such as the negotiation of access agreements that have a negative impact on fishing; [draft Bill Section 46] – New.

Explicit obligation to involve potentially affected stakeholders in the main stages of the negotiation of fishing access agreements and other large‐scale developments that may affect fishing practices.

Specification of procedure for involving stakeholders, balancing interest of efficient negotiations and the interest of stakeholders to be involved.

Specification of the role of stakeholders (advisory, decision‐making).

Process for providing meaningful compensation for damages, including in the form of material compensation that benefit communities as a whole (building of schools, education, establishment of processing facilities and obligation to process share of catches in these facilities, etc.] [Part V 1994 Fisheries Decree; Part VI draft Bill] – New.

Obligation to provide training, and to specify type of training

Specific obligation to involve potentially affected stakeholders, including small‐scale fisheries and local communities, in negotiations of fishing access agreements and other large‐scale developments.

Obligation to involve small‐scale fisheries representatives in the Advisory Body in assisting small‐scale fishing communities in such negotiations.

Specify the role of stakeholders (i.e., advisory, decision‐making) and the procedure for involving them in negotiations, balancing the need for inclusiveness with the interest of efficient negotiation.

Obligation to negotiate for compensation for small‐scale fishers whose livelihoods are disproportionately harmed by fishing access agreements. Such compensation may include material compensation that benefits the community as a whole.

Section 46 (2) – Any agreement, arrangement, right and licence for access by foreign fishing vessels or vessels fishing under charter arrangements shall establish the principles, rules and procedures governing:

(c) Capacity‐building and technology transfer measures to develop Sierra Leone’s fisheries sector in a sustainable manner.

(e) Any applicable compensation for small‐scale fishers whose livelihoods are likely to be disproportionately harmed by the fishing access arrangement, including any applicable compensation for small‐scale fishing communities.

(NEW before (3)) The Minister shall ensure that any internationally negotiated agreement or arrangement for fisheries access takes into account the interests of potentially affected stakeholders, including small‐scale fishing communities, by:

(a) Involving small‐scale fishing communities that will be affected by the fishing access agreement in the negotiation process.

(b) Providing assistance to small‐scale fisheries communities involved in the negotiation




provided, to certain small‐scale fishers representatives, for example those included in the advisory body, [in Section 8] and obligation to involve small‐scale fisheries representatives of the advisory body in assisting small‐scale communities affected by and thus involved in the negotiation of the access agreement [Part V 1994 Fisheries Decree; Part VI draft Bill] – New.

process through the Advisory Body’s small‐scale fisheries representatives to assist such communities in negotiations.

(c) Negotiating for compensation, including monetary and non‐monetary compensation, for small‐scale fishers whose livelihoods are disproportionately harmed by the agreement or arrangement.

NEW The Minister shall develop rules in relation to:

– the procedure for involving stakeholders; – the role of small‐scale fisheries stakeholders

in negotiating processes; – processes for determining meaningful

compensation for damages.

47‐51.

Part VIII – Development of Aquaculture

52‐63.

Part IX – Information, Data, Records and Returns

64. Provision of MCS data

Explicit obligation for SSF to provide data for MCS and for catch statistics. [Part IV 1994 fisheries decree; part IX draft Bill, and/or Section 89] – New under (2).

Explicit reference to role of small‐scale fishers in MCS, including reporting on sightings of un‐registered vessels engaged in fishing, of vessels engaged in illegal, unreported and unregulated fishing activities.[this could be linked with the co‐management arrangements of certain fish stocks and certain areas, but may

Explicit reference to the role of small‐scale fishers in MCS.

Section 64 (2) The following persons shall keep such accounts, records, documents, and furnish such returns, data and other information, as may be required by or under this Act:

a) Holders of licenses or authorizations issued under this Act.

b) Holders of registration numbers issued under this Act.




also be applied broader, beyond co‐management arrangements Section: Part III 1994 fisheries decree; Section 16 draft Bill, potentially Section 107, where reference to others involved in providing support to the MCS activities could be provided] – New.

65‐71.

Part X – Licenses, Authorizations and Registration Requirements and Procedures

72. License exemption

Extension of the exemption of artisanal fishing vessels from license obligation to small‐scale fishing activities in general [Section 89 draft Bill, Section 13(a) Fisheries Decree] – New.

Limitation of the discretion in deciding whether or not artisanal fishing vessels are exempted from the licensing obligation, by subjecting this discretion to certain specific criteria [Section 89 draft Bill, Section 13(a) of the 1994 Fisheries Decree] – New.

Extension of the exemption of license obligation to beach seine fisheries and fixed gear for small‐scale fisheries users [Section 15 Fisheries Regulations] – New.

Expand the exemption from licensing requirements from artisanal fishing vessels to include beach seine fisheries, fixed gear for small‐scale fisheries users, and small‐scale fishing activities in general, and specify criteria for determining when a vessel is exempt.

(NEW after (1)) Artisanal fishing vessels and other vessels engaged in small‐scale fishing activities may be exempt from the licensing requirement in Section 72, subject to criteria to be determined by regulation.

(NEW after (1)) Fixed gear for small‐scale fisheries users may also be exempt from the licensing requirement in Section 72, subject to specific criteria to be determined by regulation.

73‐76.

77. Labour standards and conditions

Explicit reference to obligations in relation to occupational health, labour standards and working conditions where reference is made to the applicable law in relation to issued licenses and authorizations [Section 58 1994 fisheries; Section 77 draft Bill] – (New after Section (3)(a)).

License and authorization holders must respect legal obligations related to occupational health, labour standards, and working conditions.

Section 77 (3) – The holder of a licence or authorization issued under this Act shall:

(a) Comply with this Act, the laws of Sierra Leone, any applicable access agreement, fisheries management plan, and international conservation and management measures taken in the context of regional intergovernmental organizations that are binding on Sierra Leone.

(b) Comply with all relevant provisions of national




law relating to occupational health, labour standards, and working conditions.

(c) Comply with all relevant provisions of national law relating to navigational standards and the safety of vessels at sea.

78‐88.

89. Registration on procedure

Specification of the registration procedure [Section 4 1995 Fisheries Regulations; Section 89 draft Bill; possibly Local Government Act] , including – (1):

– responsible office for submission of registration applications;

– registration conditions to be met by applicant; – registration conditions in respect of the vessel; – number of vessels that may be registered by one user; – the duration of the registration; – the transferability of registered boats and the effect on

the registration; – the use by others of registered boats.

Establishment of a record of registered vessels, and specification of the accessibility of the record.

The access to fishing grounds and the use of specific landing sites and on‐shore facilities should be recorded at registration – New after (1).

Use rights specified for each of the categories of fisheries having access to IEZ, including applicability of conservation and management measures, including [Section 30 1994 Fisheries Decree; Section 18 draft Bill] – New:

– applicability of fishing seasons; – area based management measures within IEZ; – gear specifications;

Specification of the registration procedure, including grounds for approval, refusal, and possibility of appeal.

Recording of access to fishing grounds and specific landing sites could occur at registration.

Specification of the rights secured by registration and the permissible uses of registered vessels for each type of registered IEZ user.

(1) The owner of each artisanal fishing vessel or other vessel exempted from the licencing requirement under Section 72 shall apply for a registration number in such form as may be prescribed.

(NEW after (1)) The Minister shall adopt rules for registration, including in relation to:

– the authority for registration; – registration conditions pertaining to the

applicant; – registration conditions pertaining to the

vessel; – the number of vessels that may be registered

by one user; – the duration of the registration; – the use of registered boats by third parties; – the transferability of registered boats and a

transfer’s effect on registration.

Registration is carried out centrally but application may be handed in to local councils. Entries into the registry will be done by central government authorities.

(New) A record of registered vessels will be established and be accessible to the public.




– species restrictions;– documentation of catch.

Specification of the rights that registration secure – New:

– access to fishing waters; – extraction of (certain) resources; – use of the vessel (subsistence, commercial); – prohibited use (e.g. in support of industrial vessels).

The record contains, in relation to each registered vessel following information:

– name of vessel; – name and address of owner(s); – where and when built; – type of vessel; – length; – type of fishing method or methods; – power of engine; – specifications and quantity of fishing gears.

Specification of the registration procedure [as set out above, at I.10, recommendation 1], indicating the grounds for approving registration and for refusing registration, as well as the obligation to provide in writing the grounds for refusal of registration, and indication of the possibility for appeal [Section 4 1995 Fisheries Regulations; Section 89 draft Bill; possibly Local Government Act] – (New).

Specification of the allowed use of registered vessels, including – New:

– conditions for ‐limited‐ use of vessels by others than the owner (e.g. family members, community members);

– validity of registration ; – specification whether, and under what conditions,

registered vessels may be transferred; – specification what change of ownership of a vessels

implies for the registration of the vessel. [ Section 4 1995 Fisheries Regulations; Section 89 draft Bill].

Specification of the use rights that are provided through the act of registration to those vessels exempted from the licensing obligation – New.

Specification of specific user rights that benefit SSF communities, including territorial use rights, and community based catch quotas. Provisions for powers to decide or devolve the decision to

(NEW) The Minister shall adopt rules in relation to the licensing procedure, in particular to the criteria for granting and refusal of registration.

NEW) Use rights secured through registration will be recorded as part of the registration process, and may relate to:

– access to fishing grounds; – extraction of specified resources; – use of the vessel for specified purposes; and – use of specific landing sites and on‐shore

facilities; – use of territorial use rights and community

based catch quota.

NEW) Restrictions applicable to each category of user will be recorded at registration, and may include:

– prohibited uses of the vessel, including, e.g., support of industrial vessels;

– applicability of fishing seasons – gear specifications; – species restrictions; – required documentation of catch;




introduce territorial user rights could be inserted in the draft Bill or the fisheries Decree, possibly in connection with the IEZ provision [ Section 30 1994 Fisheries Decree; Section 18 draft Bill] – New.

Specification of the right to transfer the use of artisanal fishing boats that are merely registered in specified – exceptional‐ circumstances – New.

Specification to clarify the relationship between the licensing and registration procedures and the powers of local government, to ensure that the local government authorities are compatible with the powers provided in the fisheries decree and the fisheries Bill. [ Section 4 1995 Fisheries Regulations; Section 8 draft Bill; possibly Local Government Act].

– compliance with area‐based management measures within the IEZ.

90 ‐ end of Bill

Recommendations applicable throughout the Draft Bill

Overall Propose to make explicit mention of indigenous communities when referring to artisanal fishers and when applying rights, exemptions and duties to these fishers (linkage to all references to artisanal fishers). See I.1 recommendation.

Throughout the Bill, explicitly mention indigenous communities when referring to artisanal fishers.

N/A

Other affected laws

Local Government Act

Clarification in the draft Bill to what extent Section 56(1)(b) [of the Local Government Act] is affected by the exemption of artisanal fishing vessels from the license obligation, as this provision currently seems to be in conflict for non‐motorized canoes.

Specification to clarify the relationship between the licensing and registration procedures and the powers of local government, to ensure that the local government authorities are compatible with the powers provided in the fisheries decree and the fisheries Bill [ Section 4 1995 Fisheries Regulations; Section 89 draft Bill; possibly Local Government Act] – also 89.




Climate change‐ related law

Explicit reference to the need to ensure that stakeholder representatives of small‐scale fisheries interests are heard and involved in the development of climate change adaptation strategies, based on data on small‐scale fisheries sector and the way climate change adaptation may affect their livelihoods [climate change related legislation and policies].

Explicit reference in measures related to climate change adaptation support to take into consideration needs and interests of small‐scale fisheries [climate change related legislation and policies].

Emergency response and disaster risk management law

Explicit reference to take into consideration needs and interests of small‐scale fisheries communities in the development and application of emergency response and disaster risk management strategies [emergency response and disaster risk management legislation and policies].




FAO Legal Office

Food and Agriculture Organization of the United Nations,

Viale delle Terme di Caracalla,

00153 Rome, Italy.

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