Country review: Sri Lanka

Peter Flewwelling and Gilles Hosch
FAO Consultants, Fishery Policy and Planning Division, Fisheries Department
December 2003

INTRODUCTION

Sri Lanka^[206], officially the Democratic Socialist Republic of Sri Lanka, and a member of the Commonwealth of Nations, is an island republic in the Indian Ocean approximately 100 km off the south-eastern coast of India. North to south it extends approximately 440 km and the greatest width is about 220 km. Sri Lanka is divided into 9 provinces and 25 administrative districts covering 65 610 km². Sri Lanka has a narrow shelf area (average 22 km) covering 27 800 km². Its 1 770 km of coastline is the base for its 517 000 km² EEZ. The recent peace accord to end internal civil strife has re-opened the north and eastern coastal areas for local fishing operations. The previous civil unrest had reduced efforts in this area and confined the fishing effort to the west and southern areas.

Sri Lanka is situated near the equator; consequently the climate is generally hot and humid except in the hill and mountain areas. The average annual temperature is 32,2°C (90°F) in the lowlands and 21,1°C (70°F) in the higher mountainous regions. Precipitation is characterized by wide seasonal and regional variations.

Sir Lanka is recovering from two decades of civil war. Currently there are several donor agencies assisting Sri Lanka recover its pre-civil war socio-economic position in the global economy, with many of these working in the fisheries sector.

Population and the Economy

Sri Lanka has a population of 19 million (2002 World Bank Web page - Sri Lanka at a Glance). The GDP for Sri Lanka in 2002 has been recorded as US$16.6 billion of which agriculture provides approximately 20.2 percent.

POLICY FRAMEWORK

The Fisheries Minister has made the vision statement that Sri Lanka is to emerge as the leading nation in the Indian Ocean by the year 2008 with respect to the sustainable use of fisheries and ocean resources. He further stated that the mission was to enhance opportunities to achieve sustainable development of fisheries and ocean resources to meet the challenges of the 21^st century^[207].

The fisheries management policy of Sri Lanka is developed by the Director General for Fisheries and approved by the Minister for the Ministry of Fisheries and Ocean Resources (MFOR), and then Cabinet, if required. These are supported by the two key Acts:

• Fisheries and Aquatic Resources Act 1996 No. 2; and

• Fisheries (Regulations for Foreign Fishing Boats) Act No. 59 of 1979 and several regulations to assist in the implementation of these acts.

The primary Fisheries Act has been re-written under an ongoing ADB initiative and is currently before Parliament for approval. Policies for sustainable fisheries management flow from these documents.

One of the overarching policies of the Department of Fisheries and Aquatic Resources is the requirement for transparency, consultation and involvement of stakeholders in management planning and implementation. Sri Lanka is a leader in full involvement of stakeholders in the management processes with collaborative management (Government and community co-management) being emphasised. Policies, objectives and legislation for Sri Lanka are subjected to an extensive and transparent consultation process involving fishers and all other involved agencies. This consultation process, focusing on consensus and voluntary compliance/agreement to management measures, is deliberate to minimise potential conflicts during the implementation of management plans. Decision-making following the consultation process is centralised and then implementation of policies, consultations and other operations are carried out by staff from regional^[208] fisheries offices.

Objectives for fisheries management for Sri Lanka include:

• conservation, sustainable management, and development of Sri Lanka’s aquatic resources based on sound scientific advice to maximise benefits to the fishing communities and consumers;

• appropriate regulatory processes and legislative instruments for management and protection of the livelihood of fishers;

• development of supporting infrastructure (harbours, landing points) and appropriate advanced fishing technology (vessels and gear);

• support to the fishing industry through incentive and credit schemes to develop ancillary industries; and

• promotion of exports.

Sri Lanka is unique in that it utilises an integrated management approach for coastal areas, especially for designated areas under management. These are called Special Area Management (SAMs) areas. The process is lead by the Coastal Conservation Department (CCD) however, it includes the Department of Fisheries and Aquatic Resources (DFAR) and all stakeholders in the extensive consultation, planning and implementation processes for all matters including fisheries, road transport, zoning of lagoons and selected coastal areas for conservation, tourism, industry, and fisheries exploitation. Regional Directors are actively involved in local fisheries management committees for fisheries management and development.

The transparency and consultation processes apply equally to all other management processes with considerable time and effort expended to ensure that stakeholders “buy into” the management process and resultant agreements. These management agreements are then reflected in fisheries regulations made for each local fisheries management committee. The Committee are thus given the authority to address and manage aspects of the fishery in the designated area, under guidance from the Ministry of Fisheries and Oceans Resources.

Two key legislative and policy challenges that are included in current legislation and practices are:

• the ongoing “open access” concept of management (except in lagoon fisheries), whereby there are no limits on levels of national fishers and fishing permitted in Sri Lankan waters; and

• the permission for foreign fishing vessels to land and export their large pelagics in designated fishing ports.

The latter does not permit these foreign vessels to fish in Sri Lankan waters however, budgetary constraints and a lack of appropriate patrol assets for fisheries matters make monitoring and enforcement of this restriction very difficult.

LEGAL FRAMEWORK

The Fisheries and Aquatic Resources Act 1996 No. 2; and the Fisheries (Regulations of Foreign Fishing Boats) Act No. 59 of 1979 are the two core legislative instruments for management of the fisheries. Other legislations impact on fisheries management in the areas of:

• endangered species (CITES);

• export and trade;

• biodiversity;

• marine park/sanctuary legislation especially the lagoon areas and the use of Special Area Management areas through the CCD;

• fisheries port management (Ceylon Fisheries Harbour Corporation - CFHC); and

• coastal legislation under CCD and Fisheries.

International legislative instruments that underlie management decisions include:

• UNCLOS 1982;

• FAO Compliance Agreement of 1993; and

• UN Fish Stocks Agreement of 1995.

These legislations are incorporated in the new draft Fisheries Act waiting Parliamentary approval at the time of writing this report.

The structure of the Ministry of Fisheries and Ocean Resources (MFOR) is important to understand the parties involved in management. The Ministry includes several agencies that are each responsible for component activities of fisheries management. These include:

• Department of Fisheries and Aquatic Resources (DFAR) - for fisheries management generally;

• Coast Conservation Department (CCD) - for coastal conservation and infrastructure;

• Ceylon Fisheries Harbours Corporation Authority (CFHC) - for port management;

• National Aquaculture Development Authority (NAQDA) - for aquaculture and mariculture management; and

• National Aquatic Research Agency (NARA)- for scientific research in the fisheries and ocean sector; data collection and analysis for applied research for stock assessment and management purposes.

The compliance aspects of the Department are addressed through consultation processes among all the stakeholders and agencies, and then the involvement of the Navy and Police as necessary for deterrent enforcement action. This step is only undertaken after all consultation and negotiating avenues have failed. The policy of the Department is to rely chiefly on consultation and voluntary compliance, except for areas under special security arrangements.

The SAMs concept of integrated area management has a considerable influence on fisheries management planning and implementation. This model for development and management includes all activities that are ongoing in the area and provides a forum for discussion to minimise unexpected impacts and conflicts between sectors.

STATUS OF THE FISHERIES

The contribution of agriculture to the GDP is approximately 20.7 percent with the value of the fisheries being some US$341.1 million (1996)^[209].

Early scientific studies indicated a total biomass of about 750,000 tonnes and sustainable yield levels at 250 000 tonnes (170 000 tonnes for pelagics and 80 000 tonnes for demersal species). Total capture fishery catches from the three major fisheries were recorded as being 232 742 tonnes in 2002 (FAO Questionnaire), of which 64 percent were taken in the coastal areas. Estimates of numbers of fishers are incomplete, but figures available indicate there are some 150 000^[210] fishers; 30 000 persons in the secondary industry, and 700 000 people being dependent on the fishing industry for their livelihood. Therefore some 880 000 derive direct or indirect benefits from the sector.

There are 26 600 fishing boats in the sector^[211] including:

• 15 022 small traditional craft (48 percent motorised) used in the lagoons and coastal areas;

• 8 334 fibreglass speedboats with kerosene outboard motors (18-24 ft and 25-40hp motors);

• 1 550 (21-24 ft) day boats; and

• 1 700^[212] larger multi-day boats (32-52 ft), some of which venture as far afield as East Africa.

The fishery has been divided into three sectors including:

• artisanal boats - traditional craft under 12ft for coastal, lagoon and inland areas;

• day boats of 12-24 ft that go further afield; and

• the multi-day boats targeting more valuable commercial fisheries.

A large foreign fishing fleet is reported to be illegally fishing in Sri Lankan waters, but due to a lack of surveillance activity this remains unconfirmed.

The civil war in Sri Lanka had several impacts on fisheries. The first was the difficulty in gathering complete and accurate data on fish catch and effort. The second was the migration^[213] of many of the larger fishing boats to the more peaceful south and west coast thus overstressing these areas. The result is that fishers started to extend their operation offshore for more than the traditional one to two day trips into what has now become a multi-day fishery with larger fishing boats being built, or extended for this fishery.

It should be noted that there are no perceptions of overexploitation of the offshore resources.

MANAGEMENT ACTIVITY

The recently initiated peace process brought with it significant potential to bring the fisheries back under sustainable management practices in Sri Lanka as these had been a very low priority during the two decades of civil unrest. The government has built 12 fish ports for industry use for fish landing, established an extensive consultation and stakeholder input mechanism for planning and in special areas (SAMs) for total integration of multi-sector activities in the area.

The Ministry of Fisheries and Oceans Resources with its several departments has several functions to execute including:

• Implementation of policies, plans ad programmes in respect of the sector;

• Monitoring, control and surveillance of the EEZ;

• Rescue operations (Coast Guard);

• Administration of the acts and regulations;

• Development and management of marine, brackish and freshwater fisheries;

• Development assistance to the fisheries (technological and financial);

• Provision of welfare services to the fishing communities;

• Management and operation of State-owned craft;

• Resource conflict resolution;

• Fisheries research for management purposes;

• Enhanced product quality;

• Establishment and maintenance of fisheries harbours and related infrastructure (ice plants, etc.);

• Assistance for the distribution and marketing of fish;

• Training of fishers;

• Fishery housing;

• Marine Pollution Prevention;

• Coast Conservation and Protection; and

• Coastal resource management^[214].

TABLE 1
Fishers and their catches

n.a. = not available.
Note: Monetary values are US$ 2002 Equivalents.

The government has been accused of not taking an active interest in exercising its mandate, but with assistance from several donor agencies in the last few years, there has been a renewed interest and action in the fisheries sector for development. The ADB Fisheries Sector Project is addressing and implementing a comprehensive licensing system for the fisheries sector to update the current system. Control measures for access of coastal and offshore fishing boats have been addressed through licensing, albeit in an inconsistent manner. This is also the case for the artisanal fisheries, with greater attention being paid to the process in the SAMs and lagoon areas through integrated fisheries resource management committees.

The new fisheries law will provide an appropriate supporting structure for the implementation of new management strategies to address concerns of integrated coastal and offshore management, licensing, and compliance activities to enforce the laws for sustainable use and conservation purposes. The institutional strengthening component of the ADB Coastal Resource Management Project is intended to enhance government capacity to address management planning and implementation in a more comprehensive manner, ultimately to benefit the fishers.

At this time approximately 1/3 - 2/3 of the fisheries fall under some form of management regime, and these are reflected in formal national fishery management plans for the fisheries in question. This planning regime is reported to be increasing in the number of fisheries that have been coming under management over the past ten years.

Sri Lanka defines overfishing as any fishing that causes depletion of particular fish stocks^[215].

Commercial Fisheries

The commercial fishery is divided into two sectors, the multi-day fishing mainly with drift nets and the longline fisheries targeting the small and large pelagics. These are the two most valuable fisheries, but there are no formal management plans for either fishery. The management objective for the multi-day boats is for compliance with international instruments and long term sustainability of the resources. Sustainability of the resources is the key objective for the longline fishery. These two fisheries are carried out throughout the Sri Lankan EEZ, and for the high seas. Licensing is used as a management measure for both fisheries. Conservation, species and size selectivity in the multi-species, multi-day boat fishery is addressed through mesh size regulations for the drift netters and hook size for the longliners. The key change in the multi-day fishery over the past ten years has been the introduction of licenses.

Management costs, aside from minimal license fees, are fully covered by the government through internal budgets that are being stretched due to increased costs for consultation, monitoring, enforcement and litigation, as well as conflict resolution initiatives and regulatory changes.

There is a formal dispute resolution process available if needed, however this has not been the case to date for the commercial fisheries. The compliance component of fisheries management includes graduated financial penalties, compounding of offences, suspension or revocation of licenses, refusal for re-issuance, and full removal from the fishery as deterrent mechanisms to achieve optimum compliance with the law. Other compliance monitoring tools in use include: dockside inspections, landing site inspections, and on occasion - at-sea boarding by the Navy. VMS and observer systems have not yet been used for these fisheries. Infractions are reported as increasing over the past ten years, offshore fisheries are not perceived as overexploited, consequently, there are no preventative measures being taken regarding capacity at this time.

Small-Scale Artisanal Fisheries

The stated objectives for the small-scale fisheries are similar to those for the commercial fisheries. The three categories of the multi-species small-scale fishing sector include:

• fibreglass outboard motor boats of 6-7 metres (operating up to 15 nm from land);

• traditional low powered motor and non-motorised boats (0 to 3 nm); and

• beach seines (0- 1 nm).

Regulatory measures are the key management mechanisms in place for these fisheries, as opposed to formal management plans. These aim at avoiding destructive fishing practices. Other management tools in use for these fisheries include the designation and community enforcement of marine protected areas; area closures for spawning periods or other reasons such as tourism; establishment of fishing seasons or effort controls, e.g. number of days permitted to fish for the beach seiners; gear size and type restrictions, and licensing. The latter two have become more popular for management use over the past ten years.

The number of participants in these fisheries is reported to have remained relatively stable over the past ten years for reasons similar to those for the fishing boats. As for commercial fisheries the costs of fisheries management are not passed on to the fishers in any form save for the minimal license fees. Costs of management are increasing for the same reasons noted in the commercial fisheries. The consultation processes and transparency are key tools however, for successful management in the coastal areas thus justifying these increased costs.

There is a need for conflict resolution mechanisms in the small-scale and artisanal fisheries due to gear conflicts within the fishery. Formal steps for conflict resolution include:

• Appointment of an Officer by DG of DFAR to attempt to settle the dispute;

• If settled, the parties sign a memorandum setting out the terms of agreement that become binding on the parties;

• If not resolved, the issue goes to the Minister for resolution, and if it fails at that level - the Minister may make appropriate regulations to formalise his decision; and

• formal court procedures are the ultimate option for resolution.

The legislation includes a system whereby zones can be established for beach seines to minimise potential conflict between communities and fishers. In most other fisheries no such formal zoning system exists. Compliance measures are similar to those for the commercial fisheries and infractions are on the increase except for beach seines. The unchanged status for beach seiners is possible due to the well ensconced and accepted management practices for this fishery that have been in place for several years, including set areas for each seine and a natural closed season caused by rough seas of the monsoons.

Capacity Assessment and Management

There is a concern that there is overcapacity in the small-scale fisheries and the introduction of licensing is to assist in addressing that concern, but this has not shown the expected results to date. There have been attempts to shorten seasons, except for the beach seine fishery that is formally and naturally regulated as noted above. Capacity reduction measures appear to have utilised licensing as a reduction measure as well as the introduction of soft loans and credit to encourage alternative livelihoods.

COSTS AND REVENUES OF FISHERIES MANAGEMENT

Increased management measures, consultation and transparency have been seen over the past ten years, thus increasing the costs of management. These have been borne by the government through budget increases and donor initiatives, but it is noted that the increases have not adequately covered the costs to ensure compliance with the new regulatory and management processes. The effectiveness of the new policies and management regimes must therefore be assessed regularly in light of the decreasing availability of funding for implementation in “real” terms. At this time, recovery of a portion of resource rent or other revenue mechanisms have not been considered to reduce pressures of management costs on government.

IMPLEMENTATION OF GLOBAL FISHERIES MANDATES AND INITIATIVES

Sri Lanka ratified the UNCLOS 1982 on 19 July 1994, the Agreement relating to implementation of Part XI of the Convention on 28 July 1995, and the UN Fish Stocks Agreement on 24 October 1996.

TABLE 2
Implementation of IPOA

PARTICIPATION IN REGIONAL FISHERY BODIES

Sri Lanka reports that it is an active member of the Indian Ocean Tuna Commission (IOTC), and also the Bay of Bengal Programme - Inter-Governmental Organisation (BOBP IGO). Sri Lanka is also a member of the International Organisation of Marine Affairs Cooperation (IOMAC); Asia-Pacific Fisheries Commission (APFIC).

SUMMARY AND CONCLUSIONS

The Democratic Socialist Republic of Sri Lanka, a small island republic in the Indian Ocean close to India and the equator, has a population of 19 million, 1 770 km of coastline, and an EEZ of some 517 000 km². Total reported fisheries catch in volume for 2002 indicate approximately 232 000 tonnes taken by 150 000 fishers and some 26 000 fishing craft. Sri Lanka’s management structure, infrastructure and data systems are being re-constructed to reflect the current situation through assistance from donor agencies. The legislative framework has just been re-assessed and is before Parliament for approval and the ADB and other donors are actively assisting in strengthening the Ministry of Fisheries and Ocean Resources management capacity. Despite the social and economic difficulties of the past two decades, Sri Lanka is taking steps to provide facilities for its fishers, encourage their participation and input into management processes, and implement international management and conservation agreements and principles to which it is a party. Further, Sri Lanka is taking action to establish new and effective management, licensing and conservation schemes for its internal fisheries as well as adhere to international principles and plans of action. Sri Lanka has been taking advantage of the FAO FISHCODE initiatives for training and enhancement of its knowledge base over the past few years. Unfortunately, the recent failure of the peace talks in Sri Lanka are expected to have a negative impact on the steps taken towards responsible and sustainable fisheries management if hostilities re-commence and the internal conflict takes precedence over other matters.

Sri Lanka is aware that its data system requires an overhaul for completeness and cross verification and is addressing this through donor assistance. The entire data for the area under civil strife (1/2 - 2/3 the coastal area) for the past two decades is not available at this time and will need to be assessed and updated when it becomes available. It is for this reason that the data provided must be used cautiously at this time until the system has been reactivated.

Noteworthy are the two management measures that have been tested with some degree of success in Sri Lanka - the integrated management scheme in the special management areas (SAMs), and the effectiveness of the transparent and participatory mechanisms to ensure full stakeholder participation in the management exercise, encouraging voluntary compliance by all parties. It is hoped that the benefits of donor assistance in the past few years, and especially during the short peace process, will have a lasting positive impact on the management in the project areas.

REFERENCES

FAO. 1999. Report of a Regional Workshop on Fisheries Monitoring, Control and Surveillance and Supplement 1, Country Reports, Regional Reports and Case Studies. Kuala Lumpur and Kuala Terengganu, Malaysia, June/July1998, FAO, Rome.

FAO, 2002/27. Building Awareness in Aspects of Fishery Statistics, Stock Assessment and Management. Proceedings of the FAO/SEAFDEC Workshop on the Use of Statistics and Other Information for Stock Assessment. Samut Prakarn, Thailand, September 2002, FAO, Rome.

FAO. 2003. Status of World Marine Capture Fisheries Questionnaire, completed by the Department of Fisheries of Sri Lanka (to seek government input into the SOFIA exercise), 2003.

FAO. 2003. Web Pages, Ocean Law, Fisheries Country Profiles; Information on Fisheries Management in Sri Lanka, 2003. www.oceanlaw.net/texts/unfsa.htm

Flewwelling, P. 2001. Fisheries Management and MCS in South Asia: Comparative Analysis, Rome, Italy, FAO, 2000. 56p.

Flewwelling, P. 2001. Fisheries Management and MCS in South Asia: Compendium of FAO Missions, (Not Published), Tacloban, Philippines 258p.

Ministry of Fisheries and Ocean Resources for Sri Lanka Web pages 2003; http://www.fisheries.gov.lk.

WorldFish Center Web pages; www.worldfishcenter.org/demandsupply/inception_reportaug02.

NOAA ICM Country profile Web pages; www.icm.noaa.gov/country/srilanka/srilanka.htm

ETC Spotlight Newsletter - Sri Lanka June 2003; www.etc-lanka.org/spotlight/spotlight_jun2003.pdf.

APPENDIX TABLES

Current management of marine capture fisheries in Sri Lanka

Summary information for three largest fisheries (by volume) in Sri Lanka for the fiscal year 2001/2002

* Value in 2002 U.S. Dollars.
** % values are based on totals for each category of fishery.
n.a. = not available

Use of fishery management tools within the three largest fisheries in Sri Lanka

n.a. = not available

Costs and funding sources of fisheries management within the three largest fisheries in Sri Lanka

n.a. = not available

Compliance and enforcement within the three largest fisheries in Sri Lanka

Capacity management within the three largest fisheries