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A review of the application of the FAO ecosystem approach to fisheries (EAF) management within the areas beyond national jurisdiction (ABNJ)









Fletcher, W.J. 2020. A review of the application of the FAO ecosystem approach to fisheries (EAF) management within the areas beyond national jurisdiction (ABNJ). Rome, FAO. 




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    Book (stand-alone)
    Review of the legal frameworks in the ESA-IO Region 2011
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    This review consists of a detailed study of the legal frameworks in the Comoros, Kenya, Madagascar, Mauritius, Seychelles, Somalia and the United Republic of Tanzania as far as they pertain to fisheries laws, and are related to MCS and actions agreed upon in RFMO Agreements, and as far as they enable effective prosecution. The aim of the study is to provide recommendations for the improvement of these legal frameworks. The general legal review of the above countries is based on a desktop study, which was followed up by in-country specific investigations for Tanzania, Madagascar and Seychelles. Since there are already numerous other reports that consider this same topic, an attempt was made to avoid duplication thereof, and to focus on additional issues where possible. A distinct emphasis was placed on the use of criminal sanctions as a tool to ensure compliance with fisheries legislation. The majority of the report comprises of an assessment of the specific areas that require updating and harmonisation and identification of legal challenges and barriers to enforcement for each country. This assessment is divided into three parts for each country, namely an assessment of the legal framework, an evaluation thereof, and finally, recommendations on how the legislation may be improved. Within the evaluation, legal challenges and barriers to the implementation or adoption of regional agreements and standards and barriers to regional cooperation and information sharing were specific ally considered. The principle fisheries legislation in the Comoros is a 2007 decret, which, while quite extensive, lacks the necessary implementing text. In Kenya the principle fisheries legislation that regulates marine and inland fisheries, as well as aquaculture is comparatively outdated and lacking in many areas, however it was found that the 2011 Bill is extensive, and is in many respects a clear improvement. In Madagascar it was found that the current legislation is currently inadequate a nd contains numerous outdated provisions, such as outdated and inadequate penalties, and inadequate powers of fisheries inspectors. However, as is the case of Kenya, the new 2007 Bill addresses most of these issues. It has however not as yet been finalised, nor is it clear when it will be promulgated. Suggested interventions include a review of all supporting legislation, such as decrees and orders in order to adapt to the Bill. In Mauritius the principal legislation governing fisheries was foun d to have numerous key shortcomings. The recommendation is for a review of the legislation, in order that a comprehensive approach can be taken to ensure that the recent international fisheries instruments to which Mauritius is party are fully implemented. In the Seychelles, there are a number of main pieces of fisheries legislation governing fisheries, and a new Fisheries Bill has been prepared. The new Fisheries Bill, which is expected to become law before the end of 2011 is in the final stage s of development, and is a fine effort to modernize fisheries management. While the Fisheries Act of 1987 does not provide an adequate legal framework for MCS, the 2011 draft Bill is a huge improvement in this regard. In Somalia, it was found that the fisheries legislation is currently outdated and insufficient with regard to the creation of offences and the powers of inspectors, and is no longer an effective tool for fisheries management. There is also an inadequate legal framework for effectiv e MCS, both for the enforcement of domestic legislation as well as the enforcement of regional requirements. The legislative framework requires urgent attention if effective MCS on local and regional level is to be achieved. In Tanzania, there are currently five main pieces of Fisheries’ legislation, because the fishery sector is not a union matter and as a result, Mainland Tanzania and Tanzania Zanzibar each have their own specific pieces of legislation that regulate this sector. The Deep Sea F ishing Authority Act of 1998, as amended in 2007, and the Deep Sea Fishing Authority Regulations of 2009 are comprehensive, and recommendations have been made for their improvement and strengthening.
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    Book (stand-alone)
    Report of Key Outcomes from the Areas Beyond National Jurisdiction Deep Seas Project Third Project Steering Committee Meeting, 17-18 April 2018, Cambridge, United Kingdom 2019
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    The third Project Steering Committee (PSC) meeting of the ABNJ Deep Seas Project was held at WCMC headquarters in Cambridge, United Kingdom from 17–18 April 2018. The meeting was attended by representatives of 13 project partners, including the FAO and UNEP-WCMC. The primary objective of this PSC meeting was to discuss the results of the Mid-Term Review (MTR), which covered the time period from the project start date to December 2017. As a result of the review recommendations and of discussions at the third PSC, some project activities were removed or merged with others to ensure timely completion of the project by the anticipated end-date for project activities (31 August 2019), with administrative closure by the end of the year. The PSC noted with concern the extensive delay in project implementation due to staff changes at both FAO and WCMC, and the administrative barriers causing delays in the hiring of the first Project Coordinator, and then the subsequent replacement. As a result, the project achieved around a quarter of planned activities by the mid-term review, and the challenge of completing all activities within the next year to project end. During the presentation of the 2018-2019 workplan, and in consideration of the MTR recommendations, the PSC identified specific activities that could be removed (because they were either repetitions or determined to be outside the scope of the project) or merged with other activities, thus slightly shortening the workplan. Upon conclusion of the meeting, the FAO agreed to undertake a budget revision to allocate these funds where needed. FAO and WCMC noted planned and upcoming activities of relevance to the project, including a number of workshops with pilot areas, and the engagement of a number of consultants for project activities (e.g. traceability, rights-based management, and monitoring, control, and surveillance), briefed the PSC on their respective plans of work and obtained feedback from the PSC on what is being proposed. This was a productive interaction which also enabled the consultants to signal to prospective partners, in particular the deep-sea fisheries management bodies, what requirements the proposed work will have of them. The PSC endorsed the 2018-2019 work plan; and requested that a budget revision be presented at PSC4. The PSC noted the various monitoring and evaluation activities being implemented by the PMU and agreed to the methods used by the PMU to estimate and present progress as it relates to outputs. The PSC encouraged the PMU to produce a range of e-communication materials that highlight the major achievements of the Project for partners to distribute through their networks; and hard copy materials that can be distributed at various major events in 2018 and 2019. The PSC agreed to hold its 4th meeting at the end of January 2019 in La Réunion.
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    Brochure, flyer, fact-sheet
    Improved Knowledge on South East Atlantic Ecosystems Supporting Deep-Sea Fisheries Management in the Areas beyond National Jurisdiction (ABNJ) 2016
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    In January and February 2015, the research vessel Dr Fridtjof Nansen conducted a 29-day research cruise to map selected seamounts of the South East Atlantic Fisheries Organisation (SEAFO) Convention Area. The cruise was a collaboration between SEAFO and the Food and Agriculture Organization of the United Nations (FAO), and supported by three projects: the EAF-Nansen project, the FAO-Norway Deep Sea fisheries project, and the ABNJ Deep Seas project under the FAO-led Common Oceans programme funded by the Global Environment Facility. This flyer depicts the preliminary results and how these were integrated into the management advice of the regional fishery managment body for the Southeast Atlantic (SEAFO), leading to the confirmation of existing and adoption of revised fisheries management measures aiming to protect certain areas of the ocean from significant adverse impact.

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