12 MANAGEMENT OF SHARK FISHERIES IN SRI LANKA (contd.)

4. MANAGEMENT POLICIES AND THE POLICY SETTING PROCESS

4.1 Identification and evaluation of policies

There are no existing management policies concerning shark fisheries, nor any biological regulations, or catch quota allocations, in respect to shark fisheries.

4.2 Resource access

Fisheries are still being conducted under an open access regime and no alternate options are likely to be considered in the near future, except in the case of a few fisheries. For example, the beach seine fishery is being managed through a permit system. In the case of lobster fisheries where the resource has been severely depleted due to growth over-fishing and recruitment over-fishing, a closed season and more stringent enforcement of regulations on catching gravid females and undersized specimens are contemplated. There have been consultations with stakeholders but no cost-benefit analysis of policy options has been undertaken.

5. THE MANAGEMENT PLANNING PROCESS

5.1 Provision of resource management advice

The Department of Fisheries and Aquatic Resources (DFAR), under the Ministry of Fisheries and Aquatic Resources Development (MFARD), is charged with the functions of fisheries management, development and the enforcement of the provisions of the Fisheries and other related Ordinances and Acts. Other organizations under the MFARD assist the DFAR in the management process. For instance, the National Aquatic Resources Agency (NARA) provides technical information based on research and in the formulation of legislation while the National Institute of Fisheries Training (NIFT) assists with extension. There is, however, no institutionalized mechanism for dialogue between the above organizations. The political process play a very important role since the fisheries are basically small scale and artisanal, involving a large number of fishermen. The scientific basis for management can often be modified or overridden by socio-economic factors during the political process. Sri Lanka has very limited experience in negotiated fishery management plans. A draft management plan for the Negombo Lagoon is currently being negotiated with the fishermen and concerned NGOs and is still not finalized. As such, it is too early to assess the effectiveness of the negotiated fishery management plan.

5.2 Fishery statistics

5.2.1 Methods used for collection of catch and effort data

Responsibility for collection of fisheries statistics lies with the DFAR. The present system of collecting fisheries statistics for estimating fish catch and effort by species and area was introduced over 20 years ago. It is based on a two stage stratified sampling of a fixed number of vessels located at two landing sites in each Fishery Inspector (FI) Division. The data were collected by dedicated Statistical Collectors in the past and the system apparently worked quite well. Since these officers were merged with the Fisheries Inspectors, data collection has been relegated to a minor task among the many responsibilities of the field officers. Supervision of the data collection has also diminished with the result that estimates of production will be biased as they are no longer statistically based.

The present system was designed over 20 years ago when the fishing industry was simpler than it is today. The present system is now virtually useless because:

1. the selection of samples has not kept pace with changes in the fishery.

2. the sample selected is too small to cover the variation.

3. the officers designated to sample are ‘too busy’ on other matters.

4. there is no transport available to take the samplers to the landing sites at the time they need to be there.

5. there is no supervision of the system and the samplers and the fishermen receive no encouragement to provide accurate figures.

There is no apparent commitment to provide accurate statistics and the resources to undertake the task are inadequate. The absence of professional statistical input and committed supervision is probably the underlying reason why the fishery statistics in the DFAR have fallen in quality. On the other hand, NARA has instituted a comprehensive smapling programme of the pelagic fish landings, using a permanent cadre of 12 samplers whose work is closely monitored, suggesting that they have the commitment and the ability to marshal the resources much more effectively.

In a combined effort, the ADB Fisheries Sector Development Project and the UNDP Fisheries Management Project, being implemented by the MFARD and DFAR respectively, have instituted a logbook programme for offshore fisheries. This is now being administered to over 250 volunteer multi-day offshore boats, equivalent to over 15% of the fleet. The UNDP Project has also computerized vessel registrations. An attempt is being made by the two project to link the fisheries statistics collection of DFAR and NARA into a single integrated system for improved efficiency and better statistics. A pilot activity is currently operational in two districts where a few Fishery Inspectors of the DFAR have been released full time to work with NARA samplers in fisheries statistical collection.

5.2.2 Evaluation of the data collection process

The accuracy of data obtained is a concern, particularly as the fisheries are neither managed, nor monitored, properly. The problem has been accentuated due to the civil unrest which has made fisheries statistics collection difficult in the north and the east. Species wise, catch data are collected only for skipjack and yellowfin tuna. All other species are lumped together into related groups such as sharks, carangids, shore seine varieties etc.

5.2.3 Data processing and storage and accessibility

Fisheries data collected from the field are not computerized and are processed manually by a group of statistical officers at the DFAR head office. Output tables on fish production by area and by major species or species groups (skipjack, yellowfin, Spanish mackerel, carangids, sharks and skates, shore seine varieties etc.) and fishing fleet distribution by area are published annually. Catch and effort information is not available in terms of specific fisheries or resources. Access to unpublished data needs the approval of the Director, DFAR and/or Secretary, MFARD. Computerised data bases are available at NARA for specific fisheries/resources such as large pelagic fisheries and amall pelagic fisheries.

5.3 Stock assessment

5.3.1 Measures of stock abundance

Assessment of shark stocks has not been undertaken in Sri Lanka. One research at NARA has been assigned to work on sharks since 1995. However, there are no published reports yet dealing specifically with shark fisheries and associated catch and effort etc. There are no data or reports available in terms of annual CPUE or other measures of stock abundance.

5.3.2 Biological advice review process

There is hardly any biological advice review process at the local and national level for any fishery or resource. Ad hoc reviews may take place in the case of resources/stocks that may be subject to conflicts between different user groups prior to deciding on management measures. International reviews exist in the case of tuna stocks which are mandatory as Sri Lanka has been an active member of the Indian Ocean Tuna Programme (IPTP) as well as the newly created Indian Ocean Tuna Commission (IOTC).

5.3.3 Biological management reference points

There are no biological management reference points for any resource/stock in Sri Lankan fisheries.

5.3.4 Sustainability of the resource

Catches of shark in the coastal fishery have remained within the range of 6000-9000t/yr during the last 20 years, while the total coastal fish catch has increased from 100 000t in 1974 to a maximum of 184 000t in 1983 and to 149 000t in 1996 (Table 7). In the offshore fishery, the expansion of fishing range beyond the EEZ and the increased use of drift longlines has resulted in increased shark landings, from nearly 4000t in 1988 to over 22 000t in 1991. Total landings have decreased since then, in spite of the offshore fleet increasing from 900 boats in 1991 to over 1600 boats in 1995 (Table 9). The average catch of shark/boat has increased from 7.4t in 1988 to 24.6t in 1991 and has declined since then. Although the high mobility of the offshore fleet allows it to harvest resources well beyond the EEZ, the declining total catches and catch/boat raises doubts regarding the sustainability of the resource in the face of increased and sustained fishing pressure.

5.3.5 Discussion

Due to constraints in personnel and funds, research on fisheries have been restricted to some of the main fisheries/stocks such as tuna, shrimp, lobsters and small pelagics. Research on large pelagic resources has been focused largely on tuna and sharks have not merited special attention. In the case of tuna, being a shared migratory resource, the response is in keeping with the international obligations of being a member of the Indian Pacific Tuna Programme and the Indian Ocean tuna Commission. The review highlights the extent of information lacking in regard to shark fisheries in Sri Lanka. There is an urgent need to promote more research on sharks, particularly fishery and biological studies, leading to stock assessment so that the fishery can be managed in sustainable manner.

6. FISHERY MANAGEMENT REGULATIONS

6.1 The regulations

There are no regulations to manage the shark fishery at present. Regulations that have been formulated under the new Fisheries and Aquatic Resources Act No. 2 of 1996 include:

1. Fishing Operations Regulations of 1996, ban catching, landing, transport, selling, buying or possession of marine mammals or turtles and prohibits the use of push nets in lagoons, harpooning of marine mammals, moxy net fishing operations and gillnet or trammel net on coral reefs or rocks. All fishing boats are required to obtain an annual licence, with fees ranging from Rs.500 for boats over 10m length to Rs.50 for non-motorized traditional crafts. All fishing operations without a craft require a licence of Rs.25.

2. Fisheries Committee Regulations of 1996 deal with the establishment of Fisheries Committees for the purpose of fisheries management.

3. Handling and Distribution of Fish Regulations 1997 deal with conditions required at places where fish is sold, stored or displayed.

4. Fish Processing Establishments Regulations 1997 deal with licences to operate fish processing establishment.

5. Landing of Fish Regulations 1997 deal with permits issued to foreign boats to land fish in Sri Lanka.

6. Registration of Fishing Boat Regulation 1980 has been amended under the new Fisheries and Aquatic Resources Act No. 2 of 1996 to include a code for the fishing district.

7. Fisheries (Information) Regulations 1997 deal with the requirement to furnish information on all activities related to fisheries and aquaculture.

8. Fisheries (Register) Regulations 1997 deal with registration of migrant fishermen.

6.2 Regulations and the communication process

Regulations that are in place, particularly in marine capture fisheries, are implemented almost on a voluntary basis. Enforcement is generally considered weak and a large proportion of the fleet has not yet been registered. Similarly, a large proportion of the fishermen/boat owners has still not obtained fishing operations licences. The proposed Fisheries Committees to be established under the new Fisheries and Aquatic Resources Act are expected to function as dispute settling mechanisms.

7. THE LAW AND ENFORCEMENT

7.1 Legal status

Ownership of fisheries and other aquatic resources is vested in the State and the Fisheries and Aquatic Resources Act No.2 of 1996 provides the legal basis for the management, regulation, conservation and development of fisheries and aquatic resources in Sri Lank (Appendix 4). The Fauna and Flora Protection (Amendment) Act, No.49 of 1993 empowers the Director, Department of Wildlife to take necessary measures for the protection of the fauna and flora of Sri Lanka. The Act provides for the establishment of marine sanctuaries, marine reserves, buffer zones etc. Entry into, and activities in, some of these areas are totally prohibited; in others, control is by permits or licences. In yet others, there are no restrictions. Among the various species of animals listed as prohibited to kill, or take, are many invertebrates including corals, many indigenous fresh water ornamental fish, marine ornamental fish, turtles, etc.

7.2 Enforcement problems

There are a few regulations that the DFAR is actively trying to enforce. These include the prevention of illegal fishing using explosives and poisonous substances, purse seine fishing with lights in the inshore waters at night, for which permits have not been renewed, catching, landing and sale of under size and gravid lobsters, catching, landing or selling of marine mammals and turtles etc. Problems in enforcement are more to do with lack of personnel, funds and facilities.

7.3 Surveillance

There is no surveillance, monitoring and control in Sri Lankan fisheries at present. Lack of surveillance has reportedly enabled many foreign boats to fish illegally within Sri Lanka's EEZ. Many foreign boats (mostly tuna longliners) which are presently operating from Sri Lanka under licence are not allowed to fish within the country’s EEZ. However, activities of these boats cannot be monitored due to lack of surveillance. The Ministry of Fisheries and Aquatic Resources Development is currently addressing this issue. A pilot Vessel Monitoring System was tested by NARA (National Aquatic Resources Agency) on three local offshore boats used for an offshore fish resources survey conducted in 1996/97 under a ADB financed Fisheries Sector Development Project. This system is awaiting transfer to the Department of Fisheries and Aquatic Resources for wider application.

7.4 The legal process

Culpability in violating fisheries regulations is determined by the courts. Prosecutions are normally done through the Police Department and the officers of the MFARD, DFAR or NARA are often called upon to provide technical expertise. When prosecuted under the Fauna and Flora Protection Act, the officers of the Dept. of Wildlife will be involved. Monetary fines and imprisonment are provided under the new Fisheries and Aquatic Resources Act No. 2 of 1996. Use of poisonous substances and explosives for fishing attract the highest penalties of six months to a two year imprisonment and a fine of not less than Rs.5000. Other offences attract penalties up to six months imprisonment and fines of not less than Rs.2000.

8. MANAGEMENT SUCCESS

8.1 Profitability of the fishery

Income from shark catches is shared amongst the fishermen, boat owners, retailers supplying fish to the domestic markets and exporters of shark fins. Economic evaluations on the distribution of the income and profits amongst these different groups are not available. An attempt is made here to approximately determine the share of income from shark catches amongst the key stakeholders. In the case of the offshore fishery, where sharks form a major part of the catch, a recent study has estimated the cost of production to be Rs.61.87/kg (inclusive of fixed costs, depreciation, etc.) while the gross value/kg was estimated at Rs. 71.75 (Appendix 1). The boat owner therefore gets Rs. 9.88/kg of fish landed. The estimated trip labour costs of Rs.856 000 for the total catch of 31 694kg amounts to Rs.27 as crew wages. Offshore boats are usually manned by a crew of five and each fishermen therefore gets Rs.5.40/kg for fish landed. It is seen from data in Table 15 that the difference between the producer price and retail price of shark during 1989–1991 was Rs.6–8/kg. It increased to Rs.24 in 1992–1993 and to Rs. 12–16 in more recent years. For shark fin exports (quantities and values are given in Table 14) prices received by exporters ranged from Rs.680/kg in 1990 to Rs.2130/kg in 1996. These prices are low compared to the prices paid at the beach and many exporters admit to understating the actual values on the custom forms. According to some, their profit margin has fallen from 25% in early 1990s to about 5% now.

8.2 Issues of equity and efficiency

Issues of equity and efficiency do not arise as there is no management regime currently in force.

9. MANAGEMENT COSTS

Fisheries management has just started in Sri Lanka. The process of registration of fishing boats and licensing of fishing operations commenced in 1997. At present, the licence fees charged for fishing operations are not linked to the value of the catch. This could possibly come at a later stage when specific fisheries are brought under management regimes. MFARD, with the assistance of the ADB, has embarked on a programme of rehabilitating the major fishery harbours that cater to the offshore fishery and to introduce proper harbour management strategies in place of the open gate system now prevailing. Owners of offshore multi-day boats in particular will be required to pay harbour dues commensurate with fish landings. It is expected that such funds generated from a fishing fleet using a particular harbour would be channelled towards maintenance and management of the harbour itself.

Given the above developments, it is conceivable that some costs of research, enforcement and management planning could be recovered from future management regimes if fishermen/boat owners were to pay resource rents in the form of licence fees. However, considering the smal-scale nature of almost all Sri Lankan fisheries, the magnitude of what would be required could be small compared to the actual costs.

10. LITERATURE CITED

Amarasooriya, D. and P. Dayaratne 1993. A species Identification of the shark catches landed in the west and south-west coasts of Sri Lanka, Proceed. 1^st Ann. Sci. Sessions, National Aquatic Resources Agency, Colombo, Sri Lanka. 1993.

Amarasooriya, D. 1996. Data on Elasmobranch Fisheries in Sri Lanka. National Aquatic Resources Agency, Colombo. (unpublished).

Anon 1996. Rationalisation of Fishery Harbour and other charges, ADTA/795 - SRI, Final Phase I Report. MacAlister Elliot and Partners Ltd. 80pp (unpublished).

Atapattu, A.R. 1989. The Fisheries Industry in Sri Lanka's Coastal Areas. Manuscript Report (unpublished).

Atapattu, A.R. 1995. Some Important Aspects in future development plans and programmes. Proceedings of the National Seminar ‘Towards a new Era in Fisheries Development’, Ministry of Aquatic Resource Development, Colombo, July 1995.

Dayaratne, P. 1994. Observations on the Species Composition of the large pelagic fisheries in Sri Lanka. Indo-Pacific Tuna Programme, Colombo, Collective Volume of Working Documents No. 8. 1994.

Dayaratne, P. and R. Maldeniya 1995. Recent trends in the tuna fisheries in Sri Lanka. Indo Pacific Tuna Programme, Colombo. IPTP Collective Volume 9. 1995.

Dayaratne, P., R. Maldeniya and D. Amarasooriya 1996. Large Pelagic Fisheries in Sri Lanka, Annual Fishery statistics 1995. National Aquatic Resources Agency, Colombo, Sri Lanka (unpublished).

De Bruin, G.H.P. 1970. Drift - Net Fishing in Ceylon Waters. Bull Fish Res. Stn,. Ceylon., Vol. 21, No.1. June 1970.

De Silva, A.S. 1995. Need for new approaches for institutional credit for fisheries development. Proceedings of the National Seminar ‘Towards a new Era in Fisheries Development’, Ministry of Aquatic Resource Development, Colombo. July 1995.

De Silva, R.I. 1988. The Sharks of Sri Lanka, a key to the different species and a preliminary cheek list, Ceylon Jour Sci. Vol. 17 and 18; 56–64.

Joseph, L. 1993. Coastal Fisheries and Brackishwater Aquaculture in Sri Lanka. Coastal Resources Management Project, Colombo, Sri Lanka, 46 pp.

Joseph, L., P. Dayaratne and R. Maldeniya (1995). A Profile of the Offshore Fishing fleet of Sri Lanka, ADB/NRS/3, National Aquatic Resources Agency, Colombo (unpublished).

Joseph, L. 1996. The Large Pelagic Fishery in Sri Lanka, National Aquatic Resources Agency, Colombo (Manuscript report, unpublished).

Maldeniya, R. 1997. Marine Fisheries Resources of Sri Lanka - Current Status and Potential for Development, National Aquatic Resources Agency, Colombo (unpublished).

Munro, I.S.R. 1955. The Marine and Fresh Water Fisheries of Ceylon. Dept. Ext. Affairs, Canberra.

Pietersz, V.L.C. 1995. Some Aspects of Past Development Efforts. Proceedings of the National Seminar ‘Towards’ a new Era in Fisheries Development, Ministry of Aquatic Resource Development, Colombo, July 1995.

Sivasubramaniam, K.S. 1970. Biology of the exploited stock of Kawakawa (Euthynnus affnis) off the south-west region of Ceylon. Bull. Fish. Res. Stn., Ceylon Vol. 21 1970.

Sivasubramaniam, K.S. 1992. Offshore fisheries for large pelagic sharks. Sixteenth Advisory Committee Meeting of the Bay of Bengal Programme. Phuket. Thailand 1992.

Sivasubramaniam, K. 1995. Sri Lanka Fisheries Resources, Development and Management in the Past. Proceedings of the National Seminar ‘Towards a new Era in Fisheries Development’, Ministry of Aquatic Resource Development, Colombo, July 1995.

Williams, H. 1995. Production Estimates for the Sri Lanka fishery for large pelagics in 1994. FAO. Colombo, FI:TCP/SRL/2251, Field Document 3 (unpublished).

Appendix 1

Financial analysis of an offshore multiday boat (Source: NARA/ADB Fish Resources Survey)

Appendix 2

Financial analysis of a standard multiday boat from Beruwal fishery harbour (Source: Anon, 1996)

1. Estimated rate of expansion of fishing effort, catch rates and domestic demand