ENVIRONMENTAL AND SOCIAL SAFEGUARD...

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LOI #: MOFA/GFSDP/PPA/CS/LOI/2010/01 ENVIRONMENTAL AND SOCIAL SAFEGUARD ASSESSMENT ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK MARCH 2011 WEST AFRICA REGIONAL FISHERIES PROGRAM IN GHANA (WARFPG) Submitted to: The Secretary to the Fisheries Commission and Director of Fisheries, The Ministry of Food and Agriculture, Accra Ghana By: United Kingdom: Church Barn Church Lane Tickenham Bristol, BS21 6SD Tel: +44 (0) 1275 811345 Fax: +44 (0) 1275 811333 E-mail: [email protected] www.theIDLgroup.com Ghana Office: House No. F872/1, Fifth Close, Ring way Estates Accra-Ghana Tel: 0302 912909 Fax: 0302 242425 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

Transcript of ENVIRONMENTAL AND SOCIAL SAFEGUARD...

  • LOI #: MOFA/GFSDP/PPA/CS/LOI/2010/01

    ENVIRONMENTAL AND SOCIAL SAFEGUARD ASSESSMENT

    ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK

    MARCH 2011

    WEST AFRICA REGIONAL FISHERIES PROGRAM IN GHANA (WARFPG)

    Submitted to:

    The Secretary to the Fisheries Commission and Director of Fisheries, The Ministry of Food and Agriculture, Accra Ghana

    By:

    United Kingdom:

    Church Barn Church Lane Tickenham Bristol, BS21 6SD

    Tel: +44 (0) 1275 811345 Fax: +44 (0) 1275 811333 E-mail: [email protected] www.theIDLgroup.com

    Ghana Office:

    House No. F872/1, Fifth Close, Ring way Estates Accra-Ghana

    Tel: 0302 912909 Fax: 0302 242425

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    PROJECT TEAM:

    Terry Green - Project Director

    Peter Jon Nelson Team Leader - Environmental and Social Assessment Consultant,

    Victoria Wiafe - Project Manager IDF Group Ghana

    Dr Andrew Baio International Fisheries Consultant Sierra Leone

    Dr. Edward Kofi Abban National Fisheries Consultant Ghana CSIR

    Audrey Allotey Research Assistant

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    ACRONYMS

    AF Affected Fisheries

    CMA Co-management Associations

    EIA Environmental Impact Assessment

    ESMF Environmental and Social Management Framework

    ESIA Environmental and Social Impact Assessment

    FC Fisheries Commission

    MCF Monitoring, Control and Surveillance

    MOFA Ministry of Food and Agriculture

    MPA Marine Protected Area

    NPF National Process Framework

    NGO Non-governmental organisation

    PAP Person affected by the project

    PC Participating Communities

    RAP Resettlement Action Plan

    RPF Resettlement Policy Framework

    TURF Territorial User Rights to Fisheries

    WARFP West Africa Regional Fisheries Programme

    WB World Bank

    ZMGFR Zoning Map of Ghanas Fishery Resources

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    TABLE OF CONTENTS EXECUTIVE SUMMARY 1 PART A ENVIRONMENTAL AND SOCIAL SAFEGUARDS ASSESSMENT AND DRAFT ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK 1. INTRODUCTION 7

    2. PLAN AND PROGRAMME DESCRIPTION 11

    Part 1 The Draft Fisheries and Aquaculture Sector Development Plan 11 Part 2 The World Bank Contribution to the Ghana Fisheries Plan 11

    3. BASELINE CONDITIONS 15 3.1 Profile of the Fisheries Industry 15 3.2 Environmental Conditions 20

    4. POLICY AND LEGAL FRAMEWORK FOR ENVIRONMENTAL ISSUES 25 4.1 World Bank and Other Donors Safeguard Policies 25 4,2 Governance Framework in Ghana 28

    5. WORLD BANK SAFEGUARD ISSUES 37

    6 ENVIRONMENTAL AND SOCIAL ASSESSMENT OF DRAFT FISHERIES AND AQUACULTURE SECTOR DEVELOPMENT PLAN (FASDP) 45 6.1 Positive Environmental and Social Impacts 6.2 Adverse Environmental and Social Impacts 7 ASSESSMENT OF POLICY OPTIONS 53 8 DRAFT ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK 57 PART B NATIONAL PROCESS FRAMEWORK AND DRAFT NATIONAL RESETTLEMENT POLICY 9 DRAFT NATIONAL PROCESS FRAMEWORK 67 10 DRAFT RESETTLEMENT POLICY FRAMEWORK 71 BIBLIOGRAPHY ANNEXES 1 Annex 1 to the Terms of Reference 2 Environmental and Social Evaluation Matrix

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    EXECUTIVE SUMMARY

    This report draws together the contents of two separate documents which examine a number of interrelated issues concerned with environmental and social safeguards for the development of the fisheries sector in Ghana.

    The first document (Part A) contains the Environmental and Social Assessment (ESA) of the Ghana Fisheries and Aquaculture Sector Development Plan (FASDP) together with a draft of the Environmental and Social Management Framework (ESMF) that will be adopted by the Government of Ghana. This document is reproduced in Chapters 1-8 of the Composite Report.

    The second document (Part B) contains the outline structure of Ghanas National Process Framework (NPF) for implementing the design and implementation of local fishery co-management,maintaining sustainability of local livelihoods and local monitoring of fisheries efforts together with an outline Resettlement Policy Framework (RPF). These elements are covered in Chapters 9-10 of the Composite Report.

    This Composite Report and its individual components have been prepared on behalf of the Government of Ghana and the World Bank. Following review by both parties, it will be adopted as part of the framework leading to promotion of the Ghana Fisheries and Aquaculture Sector Development Plan.

    Chapter 1 of the Report describes the need for environmental and social safeguards in the fisheries sector. It notes that the overall aim of FASDP is to improve fish stocks and increase the sustainability of fishing activity which will have long term environmental and social benefits for the Country.

    Chapter 2 summarises the basic aims of the Ghana Fisheries and Aquaculture Sector Development Plan and proposals for financial and technical aid which are being developed by the World Bank. A decision on funding support will be taken by the World Bank in 2011. The World Bank is proposing to support FASDP under four key components. These are Good Governance and Sustainable management of the fisheries; reduction of illegal fishing; increasing the contribution of the marine fish resources to the local economies and assisting with coordination, monitoring, evaluation and programme management.

    Chapter 3 provides a baseline description of the current nature and importance of Ghanas marine and inland fisheries which provide 65% of the countries protein requirements, and sustain the livelihoods of almost 10% of the Ghanas population. Unfortunately however, fishing is approaching a crisis. In recent years the annual volume of catch has fallen (from in excess of 500,000 to under 400,000 tonnes) but at the same time fishing effort has increased. If it were not for government subsidy the economic returns could no longer be justified since it costs more to catch and land fish than they are actually worth in the market place. Fishing activity (principally trawling) is causing substantial damage to the marine environment, while illegal methods in the canoe sector, including dynamiting and use of chemicals threaten fish stocks and human health

    Chapter 4 examines the governance, legislative and policy framework under which reforms in the fisheries sector will take place. The chapter identifies five World Bank safeguard policies that are potentially triggered by FASDP. These are OP 4.01, Environmental Assessment; OP4.04 Natural Habitats; OP 4.09 Pest Management and OP 4.11 Physical and Cultural Resources and OP 4.12 Involuntary Resettlement. In most cases, the range of projects proposed under FASDP would have minimal impacts under these safeguards but there is nevertheless a need to ensure that adequate

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    protection and mitigation is provided through implementation of an Environmental and Social Management Plan

    Chapter 5 considers the four funding components under which the World Bank is proposing to support the Ghana Fisheries and Aquaculture Sector Development Plan. These cover:

    1. Good governance and sustainable management of the fisheries, 2. Reduction of illegal fishing, 3. Increasing the contribution of the marine fish resources to the local economy, and, 4. Coordination, Monitoring and Evaluation and Program Management. The potential for investment to give rise to adverse effects on the environment and/or social conditions is reviewed. It is concluded that that there are unlikely to be any significant adverse environmental or social effects as a result of the planned investments. The only possible exception relates to the effectiveness of measures that are put in place under Sub-Component 1.2 to support pilot stakeholder-based fishery initiatives. The outcome of the overall program will depend heavily on the success of these pilots. For this reason it is essential that planning of the pilot initiatives is linked closely with measures for supporting alternative livelihoods and strengthening processing and marketing initiatives under Sub-Components 1.3 and 1.4.

    Chapter 6 provides an analysis of the environmental and social issues raised by the wider fisheries and aquaculture programme and as such it constitutes the Environmental and Social Assessment (ESA). A matrix is used to identify potential interactions between elements of marine and inland fishery capture operations and the natural environment together with possible socio-economic effects. A similar matrix is also used to examine the potential for aquaculture development. The overall effects of the planned interventions are positive in terms of both environmental and socio-economic gains, but there are potentially some adverse social and economic consequences for a limited number of individuals, whose livelihoods will be affected by restrictions on access to fishing or from changes in economic conditions affecting the purchase, processing and marketing of fish. Mitigation measures are considered subsequently in Chapter 8.

    Chapter 7 briefly considers the possible consequences of taking no action to deal with the declining stocks and profitability of fishing (the do-nothing option A). This is a standard part of the methodology for conducting an Environmental and Social Assessment. The conclusions are compared with the alternatives of taking limited action (a weak option B) or of implementing the full set of plans and proposals (the optimum option C). The comparison includes the conclusion that the fisheries industry is often studied and dealt with in isolation from other parts of the economy. However, in order for the planned reforms to have maximum beneficial impact a new approach is required to integrated coastal development, in which a range of ministries and agencies should be involved.

    Chapter 8 sets out a draft Environmental and Social Management Framework (ESMF). This picks up areas of risk identified in the ESA Report and proposes remedial action. The ESMF notes that the principal goals of government policy are to :

    Improve management of fisheries, the conservation of aquatic resources and protection of the natural environment,

    Promote value addition in the fisheries sector and the improvement of livelihoods in fisheries communities,

    Encourage sustainable development of aquaculture,

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    Improve the services provided to the fisheries sector by the Fisheries Commission and supporting institutions.

    The Draft ESMF sets out eight specific interlinked actions, namely:

    1) Preparation of local management plans and close surveillance of all new fishing enterprises in deep waters;

    2) Preparation of environmental protection clauses to be included in all contracts and agreements for physical development work;

    3) Regular inspection by environmental protection officers of construction work at harbours and landing sites;

    4) Establishment of community management plans to provide support to those groups and individuals who are adversely affected by any of the measures listed above;

    5) Creation of community liaison groups to actively support community development, alternative livelihoods and conversion to new areas of economic activity for those Fisher families or individual fishers who are adversely impacted;

    6) Introduction of skills training centres and business advice for small and medium enterprise development;

    7) Establishment of a coastal development approach drawing on the resources of the ministry of local government, agriculture and tourism (others to be added) to coordinate integrated projects and initiatives for economic development linked with the existing coastal zone management plans;

    8) Creation of a liaison group between the government of Ghana and its international development partners to ensure that investment in the fisheries sector is targeted in the most effective way to deliver plan objectives and avoid duplication of effort.

    Chapter 9 provides a draft National Process Framework (NPF)) to implement the recommended process framework laid down by the West Africa Regional Fisheries Program (WARFP) which Ghana will become part of. This framework explains how eligibility criteria will be employed to determine which settlements qualify as participating communities and what the responsibilities of these communities will be in terms of setting up Co-management Committees (CMCs) and selecting classes of Project Affected People (PAPs) who will be eligible for assistance under national guidelines to be prepared by the Fisheries Commission. The ESMP also outlines proposals for income restoration measures in accordance with World Bank guidance as interpreted through the West Africa Regional Fisheries process framework that where open access to fishery resources is restricted for the common good, any adversely affected individuals should not be penalized but should receive assistance to restore their livelihoods at least to the extent that they are impacted by the project activities and preferably to an improved state.1

    1 Extract from Executive Summary, Process Framework; West African Region\l Fisheries Program (P106063) : Cape Verde, Liberia, Sierra Leone, Senegal. Commission sous Regionale des Peche, Dakar, Senegal .

    Measures are also outlined for conflicts or grievance resolution, administrative and legal procedures and monitoring arrangements.

    Section V. Livelihood Restoration Measures. World Bank policy requires that livelihoods be restored at least to the extent that they are impacted directly by project activities and preferably inproved. This policy prescription is based on the principle that people who give up most for the public good the PAPs- should not be penalised and impoverished as a result of their loss for the greater good. The aim, thereopfre is to improve the public good (in this instance , marine resources) while also ensuring that those who lose access to resources and income because of restrictions on marine resources are assisted effectively to restore that part of their income that is affected through alternative livelihood measures.

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    Chapter 10 looks in more detail at specific safeguards relating to possible involuntary relocation of people as a result of the long term fisheries programme. It constitutes the Resettlement Policy Framework (RPF) which, while not a formal legal requirement of the World Banks lending policy, is nevertheless recommended as good practice.

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    PART A ENVIRONMENTAL AND SOCIAL SAFEGUARDS ASSESSMENT

    The Environmental and Social Safeguard Assessment comprises: Three background chapters (1-3); Two chapters which deal with assessment of the potential effects of the World Banks financial

    and technical support for the Ghana Fisheries Programme over the initial five years (Chapter 4) and the longer term effects of the overall Fisheries Programme which is expected to run for 10-15 years (Chapter 5);

    Analysis of the consequences of taking no action (the do-nothing option) in Chapter 7, and, A draft Environmental and Social Management Framework (Chapter 8)

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    CHAPTER 1 INTRODUCTION

    1.1 INTRODUCTION The government of Ghana is embarking on a Fisheries and Aquaculture Sector Development Plan (FASDP) for restructuring its coastal and inland fisheries. The aim is to reverse the current trend whereby fish stocks are increasingly diminishing and the current rate of fishing is unsustainable, resulting in less productive fisheries, increased costs with declining profitability and the risk of exacerbating nutritional deficiencies and poverty within fishing communities. To date, the government has enacted legislation (Fisheries Act 2002), prepared policies (2008, updated in 2010) and published regulations (August 2010) but the Ministry of Food and Agriculture and the Fisheries Commission lack the capacity and financial resources to implement all of these initiatives. The World Bank is therefore considering a supporting programme of technical assistance and finance which will assist with governance reforms, the introduction of licensing for all vessels, a reduction in the size of the industrial and semi-industrial fishing fleets and the progressive transfer of fishing activity to the canoe sector. International support for Ghana's fishing industry is being coordinated under the West Africa Regional Fisheries Programme (WARFP). This initiative began with four countries; Cape Verde, Liberia, Sierra Leone and Senegal. It is now being extended to the following countries; Ghana, Guinea, Guinea Bissau and Gambia. A process framework has been developed by the Commission sous Regionale des Peche (Based in Dakar, Senegal) to assist member countries of WARFP to prepare their own national process frameworks, together with accompanying environmental and social safeguards assessment, an environmental management plan and resettlement policy. This report has been designed to provide the outline structure and contents for these documents on behalf of the Government of Ghana. Another important function of the report is to review the application of the World Bank's own Environmental and Social Safeguard policy to the planned investment. Both the government's development plan (FASDP) and preparation of the World Bank's financial assistance package are at an early stage. Consequently, this report covers (and can only cover) the broad principles and sets out initial conclusions. It will be necessary for further reviews to be undertaken when the Government of Ghanas programme has been developed in more detail. Objectives of the Environmental and Social Assessment (ESA) The overall aims of planned interventions in the fisheries industry of Ghana are to improve fish stocks and increase the sustainability of fishing activity which will have long-term environmental and social benefits for the country. However the process of introducing change is likely to have some short-term adverse effects on individuals and particularly those who are vulnerable or disadvantaged within poorer fishing communities unless appropriate mitigation measures are taken. The purpose of the environmental and social assessment set out in chapter 6 is to identify potential environmental and social impacts both individually and cumulatively and to assess their relative magnitude, duration, reversibility and importance. Based on these findings the draft management framework (see chapter 8) sets out proposals for avoiding or mitigating unacceptable change. The process of reforming the fisheries sector will take a number of years and the existing FASDP covers only the first five years. With the exception of proposals to scale down the size of the industrial and semi-industrial fishing fleets it is unlikely that major changes will take effect in terms of fishing activity during this five-year period. Consequently, from the standpoint of the World Bank's investment there are likely to be relatively few issues in terms of potential conflict with safeguarding policies. Later,

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    however, significant change is within the fishing industry and particularly onshore processing and marketing of fish products. An important element in this report has therefore been the need to define the point at which the banks responsibilities are seen to terminate and all liabilities are transferred to other supporting donors and the government of Ghana. In the short term, a reduction in the industrial fleet may lead to the loss of 1000 to 3000 jobs* for crew members although in practice most of this work is only part time and many of the vessels that are due to be withdrawn are no longer seaworthy. In the longer term it is intended to encourage more selective fishing by limiting open and unfettered access to fish stocks, eliminating illegal and damaging processes including dynamiting, uncontrolled light fishing, and the use of small size monofilament nets and introducing seasonal restrictions to protect breeding cycles. The intention is that these measures will be managed jointly by the government and communities through co-management systems. At the same time major efforts will be made to reduce the level of post-harvest losses and to increase the value of fish products. The expectation is that the number of industrial, semi-industrial vessels and canoes will be stabilised at a fixed, lower, level within five years. Once this point is reached and no further licences are granted, individual licences will acquire higher values especially as fish stocks recover and the size and value of fish catches starts to increase. Subsequently, licenses are likely to be sold and traded as less efficient owners drop out of the market and sell on to stronger individuals and companies. In terms of onshore activities, fish landing, processing and marketing will become more efficient and losses will be reduced through use of better smokers, freezing and drying equipment. Previous studies in West Africa and elsewhere (Bennett et al, 2001) have shown that the transition away from open access to a more regulated system of access management can give rise to social risks. Specifically, older men are likely to be displaced when they are no longer fit enough to withstand the rigours of fishing while a rising number of young men may find it harder to enter a career in fishing. Women who currently manage or assist with all areas of buying, processing and marketing using traditional clay ovens may also experience competition as new companies and enterprises are established to take advantage of higher profitability in the fishing sector, perhaps using better equipment, newer technologies, and different logistics arrangements or their own transportation. Methodology This study has followed the methodology developed within the process framework for the West Africa regional fisheries programme (WARFP). Figure 1 sets out both sequence and timescale for the work.

    * The range of jobs at risk is based on assumptions about the number of vessels and average crew size and cannot be determined with any degree of accuracy until the necessary surveys are undertaken.

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    The report is based on three major areas of activity: 1. documentary analysis and utilisation of the studies already carried out by the fisheries commission 2. meetings with institutional stakeholders principally affected by the project, and 3. Consultations and visits to some of the key fishing villages and communities. The planned presentation of findings to Stakeholders has been postponed at the Clients request due to other pressing commitments in the agriculture and fisheries sectors. This presentation will, however, need to be subsequently undertaken by the Ministry and the Fisheries Commission.

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    CHAPTER 2 PLAN AND PROGRAMME DESCRIPTION

    INTRODUCTION This chapter is divided into two parts: Part 1 sets out the progress which the government Ghana is making in giving effect to the legislation, policy and regulations. Part 2 describes the proposed programme of assistance being offered by the World Bank with the specific aims of strengthening governance and enforcement systems (Components 1 and 2) and in promoting value addition and reduction of post-harvest losses.

    PART 1- THE DRAFT FISHERIES AND AQUACULTURE SECTOR DEVELOPMENT PLAN (FASDP) This plan (FASDP) covers the period 2010-2015. It recognises the importance of Ghanas fisheries which generate in the order of US$ 1 billion a year, contribute 4.5% to GDP and indirectly support the livelihoods of 2.2 million people. However, through over-fishing and lack of investment in management and value addition, the average income per canoe has dropped by up to 40% over the last ten years to the point where it costs as much to fish as the catch is worth. By comparison, well managed fisheries in other parts of the world are capable of generating economic returns of 30-60% on investment (equivalent to a potential income of US$ 300 million a year for Ghanas fisheries). The Draft FASDP acknowledges that the fishing sector is expected to make a substantial contribution towards doubling the size of the Ghanaian economy by 2015 (GPRS II) as part of the Republic of Ghana Fisheries and Aquaculture Policy. Seven targets are set in the draft FASDP: 1. Maintaining capture fisheries production at current levels, 2&3 Increasing revenue and profitability in capture fisheries by at least US$ 50 million a year after

    five years, 4. Increasing aquaculture production to 35,000 tonnes a year after five years, 5. Retaining Ghana as a landing and processing hub for the West Africa tuna industry, 6. Developing fisheries management to allow effective control of all commercial fishing effort in

    Ghanaian waters, and, 7. Ensuring fisheries management costs are sustainable and that the fisheries sector overall make a

    fiscal contribution to Government revenues. There is an underlying presumption that the canoe sector will remain at the heart of Ghanas fishing industry but the plan is not prescriptive and leaves open the ways of achieving the overall goals. At the same time there is an underlying assumption that the long term sustainability of Ghanas fisheries will depend upon discouraging further entry by new operators.

    PART 2 THE WORLD BANKs CONTRIBUTION TO GHANA FISHERIESPLAN (FASDP)

    The essential aim of the World Banks contribution to FASDP is to provide investment which will build the necessary policy and capacity for effective fisheries management designed to reduce fishing effort while maintaining approximately the same catch levels and to address the impacts of change for fishers

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    and the communities in which they live. Based on the currently available draft Project Appraisal Document (PAD) , each of the components is now described in turn Component 1 - Good governance and sustainable management of the fisheries This component on good governance comprises four subcomponents which are broken down in turn into a number of separate activities Sub-component 1.1 developing the capacity, rules, procedures and practices for good governance of the fisheries: Activity 1.1.1 reviewing the Fisheries Act and developing regulations to support the Sector Policy and the Fisheries and Aquaculture Sector Development Plan. Activity 1.1.2 Developing an operational policy to enable implementation of the aquaculture and fisheries sector development plan. Activity 1.1 3 strengthening fisheries management systems and capability (fisheries management plan development, aquaculture implementation, technical support and training), Activity 1.1.4 strengthening fisheries Information Systems (catch recording and monitoring systems, statistical analysis, and training),

    Sub-component 1.2 introducing fishing rights

    Activity 1.2.1 developing pilot stakeholder-based fisheries management initiatives around defined fisheries units (i.e. local management initiatives tighter defining fisheries resources in up to 6 selected Fisher communities), Activity 1.2.2 introducing and administering a licensing regime,

    Subcomponent 1.3 Adjusting fishing effort and capacity to more sustainable levels, marine resource conservation, and supporting alternative livelihood opportunities when needed: Activity 1.3.1 vessel decommissioning, Activity 1.3.2 compensation packages for crew of decommissioned industrial/semi-industrial vessels, Activity 1.3.3 alternative livelihood development to incentivise voluntary capacity reduction in the canoe sector, Activity 1.3.4 marine resources management and conservation,

    Subcomponent 1.4 social marketing, communication and transparency Activity 1.4.1 communications, stakeholder consultations and awareness raising programmes to support fishery development, Component 2 reduction of illegal fishing Under the West Africa regional fisheries programme subcomponent 2.1 allows for enabling environment for reduction of illegal fishing. These provisions already exist within Ghana and this subcomponent is therefore omitted. Subcomponent 2.2 monitoring, control and surveillance (MCS) systems Activity 2.2.1 developing compliant systems and capability,

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    Component 3 increasing the contribution of the marine fish resources to the local economies Subcomponent 3.1 product diversification/value chain development (fresh/frozen product/trade facilitation) Activity 3.1.1 landing site development Activity 3.1.2 Port development, Subcomponent 3.2 fish product trade infrastructure, information and systems - regional minimum integrated trade expansion platform (MITEP) Activity 3.2.1 export certification centre development, Activity 3.2.2 fish processing technology improvements, Activity 3.2.3 national fisheries advisory group, Subcomponent 3.3 marine and inland aquaculture development Activity 3.3.1 space developing aquaculture policy and legal framework Activity 3.3.2 improving genetic policy of tilapia fingerlings and breedstock, Activity 3.3.3 catalysing aquaculture development Component 4 Coordination, monitoring and evaluation and program management Subcomponent 4.1 national implementation subcomponent 4.2 regional coordination. Each of the components, sub-components and activities are described in more detail in Chapter 5 which assesses the nature of environmental and social safeguards issues in terms of the World Banks planned investment.

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    CHAPTER 3 BASELINE CONDITIONS

    INTRODUCTION This chapter discusses the existing fishery resources of Ghana and describes recent environmental and social trends. It identifies some of the pressures that led to the reduction in value of fishing activity and indicates the threats that could be posed if no action is taken, in accordance with the planned fisheries and aquaculture program, to deal with them. FISHERY RESOURCES The continental and coastal waters of Ghana are potentially very rich due to a combination of warm waters and nutrients carried in ocean currents which up-well seasonally on the continental shelf. The tonnage of fish caught in marine waters peaked in the mid-1990s around 500,000 tonnes and currently averages around 400,000 t.(See Figure 1) Figure 1 Wild Capture Production in Ghana 1950-2005

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    Table3.1 Top 10 Species Exported (by value)

    1. Canned tuna ($72,000,000) 2. Fresh tuna ($7,200,000) 3. Tilapia (no figure available) 4. Miscellaneous dried fish ($1,000,000) 5. Salmonids, frozen ($900,000) 6. Marine fish, frozen ($600,000) 7. Cuttlefish and squid ($600,000) 8. Shrimps and prawns ($90,000) 9. Sardines ($80,000) 10. Crustaceans, frozen ($50,000) Source: FAO Fishstat

    The principal catch from deep waters is tuna. Industrial vessels registered in Ghana target these species in international waters but also illegally in coastal waters. Herring, sardine and anchovies are fished in coastal waters by semi-industrial vessels and canoes. Table 3.1 shows the top 10 species of fish exported from Ghana in 2005. PROFILE OF THE FISHING INDUSTRY Fishing is of vital importance in Ghana not only in terms of its contribution to gross domestic product (4.5% per annum) but because fish provides 65% of the country's protein. In recent years (between 2003-2008) and more specifically, in 2004, the countrys annual fish requirement has been estimated to be 882,000 tonnes of which the country produces just about half (Tetteh 2007). Of the total population of 22 million people it has been estimated that between 1.5 and 2.2 million people are employed or gain their livelihoods from fishing (8-10%). Of these there are 210,000 men who are directly employed as

    2 This figure is the Fisheries Departments estimate for 2008.

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    fishers. The total export of seafood was valued US$82.4 billion in 2005. Ghana's fishing industry can be divided into three sections; marine capture, inland capture and aquaculture. It can be further analysed by scale of operations distinguishing between industrial, semi-industrial and artisanal sectors. Marine fisheries Industrial sector: Commercial fishing for tuna began in 1962. In the early 1980s, Ghana sought to develop an industrial fishing fleet and there are currently 90 industrial trawlers and other vessels which are located in Tema and Takoradi / Sekondi. The port of Tema was expanded from 1962 to create four main areas, the Inner Harbour, Outer Harbour, Canoe Basin and Commercial Area. In 1999 fish landing facilities were improved at the Albert Bosumtwi Sam Fishing Harbour built in Sekondi. This harbour is equipped with a cold store, an ice-making plant, offices, a berthing bay for inshore vessels, a jetty for canoes and a net drying area. Under Ghanaian law more than 50% of the ownership of industrial vessels must be registered with a Ghanaian company or individuals. However in practice, many vessels are owned by foreign nationals with token Ghanaian ownership. Relatively few of these large vessels regularly put to sea and a number are in poor condition or obsolete. Nevertheless, the impact of trawling activities by Ghanaian registered and foreign owned vessels has been very considerable in coastal waters in recent years. Fish landed from industrial vessels is usually transferred directly to Canning factories in Tema and Takoradi. Ghana has the largest canning industry in West Africa. In the region of 30,000 tonnes of tuna are landed In addition to trawling some industrial vessels are engaged in shrimping, the use of tuna lines and polls, purse seining and demersal trawling. Semi-industrial sector: in addition to deep sea trawlers there are around 230 large semi-industrial ships propelled by inboard motors which are used for trawling in shallow waters during the off-season and purse seining during upwelling seasons. There are currently reported to be 48 bottom trawlers, 14 pair trawlers, 2 shrimpers, 33 pole and line vessels and 10 tuna purse seiners operating from 2 of the 7 landing sites. Canoe sector: Ghana's artisanal fishing sector is based on between 10,000 and 12,000 wooden canoes. Fifty seven per cent of the fleet is powered by outboard motors supported by paddle and occasionally sail. Each Canoe carries a crew of between three and 20 men depending on size and length. There are over 334 landing sites along the 550 km coast of Ghana and the majority of fish caught by canoe (180,000 tonnes) is returned to these sites accounting for 70% of Ghanas fish production. The principal landing sites are at Teshie, Jamestown, Chorkor, Shama, Axim, Elmina, Winneba, Mumford, Akplabonya, Adina, Atiteti, Abutiakope and more. Fishing is undertaken by men but the majority of canoes are owned by women who pre-finance fishing trips (purchasing gear and premixed fuel) and purchase the catch. Women also predominate in processing and marketing fish and fish products. Only about 20% of fish sold fresh, a further 20% is salted and the majority (60%) is smoked. It is estimated that up to 30% of the catch is spoilt through lack of ice for storage or alternative processing facilities.

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    Inland fisheries Water Resources : Ghanas inland fishery resources consist of a natural lake( Lake Bosomtwe) and nine major river basins, which from east to west of the country are:

    the Volta, Densu, Ayensu, Ochi, Kakum, Pra, Ankobra, and, the Tano

    The River Tano forms the border between Ghana and Cote d Ivoire. The largest of the rivers is the Volta, which drains more than two-thirds of the country through several large tributaries in virtually all regions of the country. The Volta river system also incorporates the Volta reservoir, generally known as the Volta Lake which has a surface area of around 8,400 km2. The Volta lake discharges through the Akosombo dam before flowing through a delta into the Atlantic Ocean. The eight other river systems are relatively smaller, simpler, and open more directly into the Atlantic. There are also several reservoirs created on the smaller river systems mainly for potable water production, irrigation and flood control. These reservoirs, irrespective of their primary purposes, enhance availability of more permanent aquatic habitable space for fish and therefore support some fisheries. Finally, with all the river systems opening into the Atlantic there are a series of lagoons and estuaries which act as interfaces between the rivers and the sea. These water areas constitute another type of inland water resource for salt and brackish water fishes. Inland Fish resources: Within the inland water resources of Ghana there are over 150 fish species more than 90 % of which are fished for food.

    In commenting on inland fisheries in Ghana it must be noted that virtually all available information on inland fisheries is obtained from the Volta Lake. No national fish production records have been kept on the fisheries of the eight smaller river systems and the lagoons and estuaries. Thus, the usual statement that inland fish production constitutes about 20 % of what the country produces should refer to fish production from the Volta Lake. In practice the total inland fish contribution could more realistically be estimated at about 30-35% of national fish production. This is a very considerable but understated contribution to national food security and nutrition.

    Fishing vessels: The dominant fishing vessel on the Volta Lake is the canoe, the majority of which are built from wooden planks. On some other river systems while plank canoes predominate, a small number are carved as dug-outs from single tree trunks. There is some variety in sizes of the canoes depending on how many planks are used to build the boat and the size of tree trunk used in building a canoe. The total number of canoes estimated on the Volta Lake during a survey in 2000 was 24,035. On the tributary rivers of the Volta Lake and other river systems in the country, the planked canoe is the main vessel used in fishing.

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    Fishing gear: There are about eleven main kinds of gear used for fishing on the Volta Lake. They are: Gill Nets, Cast Nets, Hook and Line, Basket and wire mesh traps, Winch net, Beach seine, Bamboo, Nifa-nifa, Wangara, Spears and Atidzas. On other rivers in the country, Gill nets, Cast nets, Hook and Line and traps are the fishing gear used. On both the lake and rivers, the Gill net is the main gear.

    People Involved: In the 2000 frame survey of the Volta Lake conducted by the Fisheries Directorate of Ghana, the estimate of fishers on the Volta Lake was put at 71,861. Fishers on the lake work in collaboration with a host of fishmongers or handlers who also function as wholesalers for individual fishing groups. Assuming that the fisher population on the lake has increased by a modest 3% in the ten years from 1998 to 2010, a fisher population of about 93,500 could be considered to be on the Volta Lake now. If again it is estimated that number of fishers on rivers in the country were to be a tenth of those on the lake, this would put the fisher population on inland waters (apart from the Volta Lake) at about 9,350 fishers. A very conservative estimate therefore puts the total number of individuals who are directly engaged in inland fishing at over 100,000. This excludes all directly associated groups, such as fish handlers, processors and traders. An estimate of secondary fisheries operators, such as, boat builders, out-board motor operators and mechanics as well as bulk salt and fuel wood sellers and those engaged in buying, selling and distributing fish would have to be considered in developing estimates for both direct and indirect employment in inland fisheries but the number can be assumed to lie between 125,000 and 150,000 people.

    Aquaculture Under Ghanas legal framework aquaculture is defined as any activity designed to cultivate or farm fish and other aquatic living resources. Currently only fin fishes are involved in aquaculture in Ghana.

    Current culture media and environment: Currently fish culture takes place almost exclusively in fresh water in Ghana, either in cages, brush parks or dugouts. Dug-outs are excavations made in floodplains in the savannah parts of the country were water scarcity has been a major hindrance to development in general and food security in particular. Dug-outs get filled with flood waters and whatever the water carries during major wet periods of a year in the savannah areas. Waters that fill Dug-outs invariably contain fish which are trapped in the Dug-out after the wet period. These water bodies are managed until the end of the dry period and the fish are harvested before the next flood period. Since the 1960s various strategies to augment fish production from Dug-outs have been developed and tested. These involve adding fingerlings of selected fish species to those which are naturally stocked in Dug-outs by floods. Dug-outs are the major fish culture production approach in the savannah parts of the country, which accounts for a little more than half the area of the country. The Environment of fish culture: Currently, fish culture is taking place mainly in freshwater environments. Brackish water fish culture and mari-culture activities which will bring lagoons, estuaries and the sea into fish culture production have long term potential for development. Fishes in culture : Fishes being cultivated in Ghana In order of importance are: Nile tilapia, Oreochromis niloticus, the African catfish, Clarias gariepinus, species of the catfish, Heterobranchus, and the Bony tongue, Heterotis niloticus Scale of Culture: Based on level of production, fish culture operations can be categorized as follows:

    Large scale commercial, where an enterprise produces up to 10,000 tonnes per year;

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    Medium scale commercial, where a single enterprise produces between 50 and 500 tonnes; Small scale commercial, where an enterprise produces between one and 20 tonnes, and, Very small scale commercial, with productions below 20 tonnes.

    Fish culture production: Cultured fish contribution to national production was officially stated as 9,000 tonnes for the year 2009. However, informed opinion amongst fish farmers indicates that a figure of between 16,000 and 20,000 tonnes in 2010 would be closer to reality. This statement is based on the facts that most producers published figures are underestimates; several small to medium scale producers are not recorded in official lists and the recording of newly established fish farms has lagged actual establishment especially since 2009. Although cultured production up till 2009 may not have been significant considering a shortfall of about 460,000 mt (as recorded in 2004) between captured fish production and national demand, this reflected the fact that there were only two large scale commercial producers in the country each of which had had less than ten years of operation. Anticipated growth in fish culture production within the next five years is expected to be dramatic as some of the critical challenges of the industry are resolved.

    CHALLENGES AND PROSPECTS Marine Fisheries: The fishing sector is vital for food security and job creation to help alleviate rural poverty in Ghana. However the levels of fisheries harvests are generally considered to be close to, or to have exceeded, the maximum sustained yield. Future sustainability in the industry will depend upon the restriction of open access to fisheries and the introduction of management systems which allow fish stocks to recover and the establishment of consistent yields in both marine and inland waters. Inland Fisheries: Environmental conditions on the Volta Lake constitute the major environmental and social challenges for fisheries, its sustainability and profitability. In terms of future prospects, success will depend heavily on implementation of the Ghana Fisheries and Aquaculture Sector Development Plan and the capacity of the system in Ghana to enforce the Fisheries Regulations passed by parliament in August 2010. Aspects of the Development plan that offers great prospects for the lakes fisheries include the provisions for eventually licensing boats (although the scale of this task should not be underestimated) and measures to involve communities in management of fisheries resources of the Lake.

    Aquaculture: The main challenges facing aquaculture development in Ghana relate to: The high cost of fish feed (significantly due to its importation from other countries) None availability of commercial fish hatcheries as enterprises Lack of a nation-wide distribution network for fish seed and cultured fish producers. Most

    sources of fingerlings are concentrated in one part of the country and, since farms all over Ghana obtain their fingerlings individually, transportation costs add significantly to overall production costs.

    Now emerging certification and monitoring to check the health and safety of aquaculture processes and products.

    The absence of adequate regulations regarding establishment of an aquaculture enterprise until August, 2010. (In the absence of regulations only the large and medium scale commercial farms worked towards conforming to international performance. Standards and operational regulations for certification of farms and their products still remain in a draft state)

    Low national support for research to support expansion and systematic development of aquaculture.

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    The prospects for development of aquaculture as an industry in Ghana are good since a number of practical, policy and legal frameworks have been put in place to resolve the basic challenges to the industry listed above. These include:

    Construction of the first local fish feed plant by an international fish feed company with the expectation of having initial products on the Ghanaian market during 2011.

    A Large scale commercial fish farm with great capacity for fingerling production is shifting emphasis to fish seed production. And several localized fish seed producers are expanding operations.

    Distribution strategies by cultured fish producers have started to emerge on a limited scale and are expected to evolve with increasing production as existing commercial farms expand and new ones join in.

    Now that regulations regarding establishment of aquaculture enterprises have been gazetted there is likely to be a positive response amongst fish farmers of all size categories .New operational standards are being prepared which will introduce minimum standards for local certification. This should set the stage for preparation of fish culture products and the broadening of choice for consumers while also qualifying Ghanaian producers to enter external markets.

    ENVIRONMENTAL CONDITIONS The coastal and marine environment: a critical zone of influence for this study, comprises a 550 km coastline, a coastal belt ranging from 1 to 20 km in width, and coastal waters extending to 200 nautical mile limit which was established in 1977(under the territorial waters and continental shelf act, 1973 as amended by the territorial waters and continental shelf amendment decree 1977). The Coastal Belt The coastal belt accounts for only 6.5% of the land mass of Ghana but it is one of the most densely settled areas accounting for 25% of the population and80% of the industrial establishments in Ghana. Historically the coastal zone was cultivated for coconut (copra) but this industry is in decline. Vegetables and other agricultural produce are grown on better soils but the principal economic activities are fishing, transportation, salt production and sand and stone winning. Tourism also offers great potential. There is considerable expectation that the discovery of offshore oil and gas deposits will bring new wealth to parts of the coastal corridor. However, present plans to transfer crude products to tankers at sea and then export them directly will limit industrial activity to a support role. A high percentage of industrial and municipal wastes is dumped at landfill sites within the coastal zone which creates pollution risks. The coastal belt is generally a low-lying area less than 200 m above sea level. Vegetation types reflect the rainfall gradient and consist of coastal shrub and Savannah to Winneba, southern marginal forest to the east of Sekondi, dry semi-deciduous and moist semi-deciduous forest to the east of Cape Three Points estuary and wet evergreen forest in the extreme south. Soils are variable within this area ranging from fertile pockets river valleys to Sandy poorer quality soils close to the sea. The Coast The coast line divides into three sections (Ly 1980):

    West of Cape Three Points; this area has a wide and flat beaches, backed by coastal lagoons and

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    wave heights are generally low: Between Cape three points and Tema; the coast consists of a series of rock headlands enclosing

    shallow bays together with sandbars or spits enclosing coastal lagoons. The surf zone is a medium to high energy environment with wave heights often exceeding 1 m. South-westerly prevailing winds give rise to longshore drift in an easterly direction.

    Between Tema and Aflao; most of the shore is sandy although there are rocky outlets The coastal zone is important internationally in providing feeding, roosting and nesting sites for thousands of migratory birds. Environmental degradation is significant in Ghana and is recognized in the countrys environmental action plan. It contributes to rising poverty levels coupled with poor human health and inadequately planned urbanization which fuel a vicious cycle inhibiting human development. The core issues include:

    Domestic sanitation Increased urbanization without appropriate infrastructure Wetlands and mangrove degradation Coastal erosion and General biodiversity loss.

    Briefly, each of the above could directly or indirectly adversely influence fisheries and aquaculture separately or together. For example, in a recently completed study of water quality scenarios of the Volta Lake in relation to fish production, as a component of a comprehensive study (The Challenge Program Project of Water & Food), it was concluded , among others that, poor sanitation in highly populated fisheries communities adversely influenced water quality to the detriment of fish life and thus fish production. With reference to aquaculture, the same unsanitary conditions in highly populated shore communities adversely influenced water quality, especially in terms of oxygen depletion when lake waters extend to the shore in high water periods. This is a situation which has caused fish kills in cages because caged fish cannot escape polluted waters. Degradation of wetlands and mangroves leads directly to a reduction in their capacities as spawning and nursery zones for both marine and inland water fishes which reduce fish production in both environments. The situation outlined above is often contributed to by anthropogenic and industrial pollution due to urbanization without appropriate infrastructure. Another issue linking human activity to a deteriorating environment is demonstrated by the encroachment of aquatic weeds on inland waters such as the Volta Lake. Weed growth is accelerated by , farming reservoir catchments which increases nutrient levels and the building of dams which reduce or cut off intrusion of sea water into rivers. Currently as climatic change observable impacts such as floods, seem to escape predictions. The project could possibly contribute to mitigating against direct and indirect effects of climate change on fishing and aquaculture through investment into climate change orientation and education of fishers and fish farmers to mainly influence reasonable precautions they take. Marine waters The continental shelf is relatively narrow projecting out to 25-35 km except in the area of Cape Coast to Salt Pond where it extends to almost 80 kms. Sandy and rocky substrates which previously supported coral and seaweeds have been severely affected by former trawling activity which indiscriminately

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    dredges material from the seabed. Coastal waters are enriched by freshwater discharges from the relatively small number of rivers and by two seasonal up-wellings which occur between late June and early October (the main upwelling) and January and March (the minor upwelling). The origin and driving mechanisms of these up-wellings are not fully understood and both their location and strength varies from year to year.

    Lake Volta and other inland water

    Major environmental issues on the Volta Lake which might also be considered as challenges to sustainable fisheries on the major inland fisheries resource can be summarised as follows:

    The Volta Lake is known to be low in nutrients. It therefore has low standing crops of phytoplankton and zoo plankton to support high fish production

    The northern segment of the lake together with tributary rivers constitute the spawning and feeding grounds for majority of fish species in the lake during the wet season however, these segments are intensely fished during the same period.

    The Volta Lake is divided into eight unequal strata with different distribution of boats per Km2. At the last estimation of carrying capacity in 2000, stratum V and II had the highest (5.27) and lowest(1.57) number of boats/Km2 respectively.

    The rate of siltation in the lake is considered to be increasing due to erosion associated with high rates of deforestation.

    A major challenge exists in getting fishers, fishing communities and fishing entrepreneurs to understand and comply with fishing regulations aimed at conserving fish and fisheries resources.

    There is a lack of resources, studies and research to support fisheries management of the Lake. High illiteracy exists amongst lake shore communities. Open access to the fish resources of the Lake has been in operation since its formation. Declining fish yields are occurring in the lake (46.8 Kg/ha in 1976 to 32.0 Kg/ha in 2003-MOFA)

    brought about by the constraints listed above.

    The commonly assumed estimate of potential fish production from the lake of around 75,500 mt/yr) is considered to be a serious underestimate since Stratum VII alone was estimated to produce 33,800mt/yr in 1996.

    The policy environment for aquaculture is currently strongly supportive of the industry and related enterprises.

    There is good quality and more than sufficient water to allow some kind of aquaculture to be developed in every region of the country with the Volta lake (about 8,400 Km2) as the single most important water unit for fish culture. Currently it appears that the free access to the fish resources of the lake has to some extent been applied to establishment of small scale caged fish culture enterprises, a situation constituting environmental risk to investments of large scale commercial fish culture establishments in the lake.

    The Volta Lake is low in nutrients (Obeng 1964) resulting in a situation where higher fish yields could be sustained if greater quantities of fish feed were available.

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    In Ghana the Nile tilapia, O. niloticus, occurred naturally only in the Volta system. Due to positive culture characteristics of the fish it has been moved into virtually all other river basins in the country. The situation provides opportunities for hybridization of the Nile tilapia with other tilapia species native to the river basin into which the Nile tilapia has been moved.

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    CHAPTER 4 POLICY AND LEGAL FRAMEWORK FOR ENVIRONMENTAL AND SOCIAL ISSUES

    4.1 INTRODUCTION

    Development and implementation of the Ghana Fisheries and Aquaculture Sector Development Plan and the World Banks supporting program need to be developed with full regard to existing international conventions, national legislation, policies and regulations. This chapter highlights the main legislative and policy considerations for the protection of the environment, natural resources, fisheries and social and economic development. It begins with reference to the World Banks safeguard framework and those of other donors. This is followed by a section on the governance framework in Ghana.

    4.2 WORLD BANK AND OTHER DONORS SAFEGUARDS POLICIES

    The World Banks safeguard policies exist to ensure that all projects which it finances are developed and implemented on environmentally and socially sound principles. A range of different policies exist and these have been carefully considered to ensure that the Ghana Fisheries and Aquaculture Development Sector Development Plan complies with these safeguards. All policies have been screened and those that have no bearing on the fisheries programme have been excluded from Table 4.1 below. Table 4.1 lists policies which could have some applicability to the FASDP even if this interaction might be very slight. It is important to stress that the comments in the third column of Table 4.1 relate to the entirety of the Fisheries and Aquaculture Sector Development Plan whose effects will continue to be experienced long after the World Banks financial support has been expended. Most of the activities in the FASDP will have no effect in relation to safeguard objectives, and where there are implications these are likely to occur at precise locations (for example at fish landing sites) rather than throughout the industry. Where potential interactions have been noted the necessary mitigating measures are incorporated in the Draft Process Framework.

    Table 4.1 World Bank Safeguard Policies in Context

    Safeguard Policy

    Safeguard Policy Objective Brief Description and relevance to FASDP

    OP 4.01 Environmental Assessment

    This policy aims to ensure that Bank-financed projects are environmentally sound and sustainable, and that the decision-making process is improved through appropriate analysis of actions and mitigation of their likely environmental impacts. This policy is triggered if a project is likely to carry potentially adverse environmental risks and impacts on its area of influence. OP 4.01 covers impacts on the natural environment (air, water, and land),

    The majority of actions planned under FASDP will be beneficial to the marine environment and to inland waters. However, new construction activities could have impacts and depending on the project and the nature of impacts, a range of instruments can be used to ameliorate and mitigate adverse effects while enhancing beneficial effects. These include EIA, environmental audit, risk assessment, and environmental management plans (EMP). The need for EIA and EMP is considered in this report

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    OP 4.04 Natural Habitats

    This policy recognizes that conservation of natural habitats is essential to safeguard their unique biodiversity and to maintain environmental services and goods for human society and for long-term sustainable development. The Bank therefore supports the protection, management, and restoration of natural habitats in its project financing as well as policy dialogue and economic and sectoral work. Natural habitats comprise many types of terrestrial, freshwater, coastal, and marine ecosystems. They include areas lightly modified by human activities but retaining their ecological functions and most native species.

    This policy is triggered by any project (including any sub-project under a sector investment or financial intermediary) with the potential to cause significant conversion (loss) or degradation of natural habitats, whether directly (through construction) or indirectly (through human activities induced by the project). This policy is applicable to the Ghana Fisheries Programme because the project focuses on the integrated management of natural habitats. However, by screening all proposals under the ESMF any sub-projects that might impact these habitats will not be funded,

    OP 4.09 Pest Management

    The objective of this project is to: (i) promote the use of biological or environmental control and reduce reliance on synthetic chemical pesticides; and (ii) strengthen the capacity of the countrys regulatory framework and institutions to promote and support safe, effective, and environmentally sound pest management.

    The policy is triggered if: (i) procurement of pesticides or pesticide application equipment is envisaged either directly through the project or indirectly through on-lending, co-financing, or government counterpart funding; (ii) the project supports an activity requiring the use of pesticides that may have negative effects on the environment. The only instance in which this policy might be triggered by the Ghana Fisheries Programme is if aquatic herbicides or antibiotics were to be used in connection with aquaculture. This is most unlikely but can be monitored through the implementation programme

    OP 4.11 Physical Cultural Resources

    The policy objective is to assist countries in avoiding or mitigating adverse impacts of development projects on physical cultural resources. For the purposes of this policy, physical cultural resources are defined as movable or immovable objects, sites, structures, groups of structures, natural features, and landscapes that have

    Under the Ghana Fisheries Programme, construction and rehabilitation activities that could have negative impacts on cultural property will be avoided. In the case of discovery of remains, national procedures will be applied.

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    archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance.

    OP 4.12 Involuntary Resettlement

    The objective of this policy is to: (i) avoid or minimize involuntary resettlement where feasible, while exploring all viable alternative project designs; (ii) to assist displaced persons in raising their former living standards, income-earning capacity, and production levels, or at least in restoring them; (iii) encourage community participation in planning and implementing resettlement; and (iv) provide assistance to affected people regardless of the legality of land tenure.

    The policy covers not only physical relocation but any loss of land or other assets resulting in: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; (iii) loss of income sources or means of livelihood, whether or not the affected people must move to another location. The activities of the Ghana Fisheries Programme are likely to result in loss of assets or access to assets, and loss of income sources or means of livelihood for some groups and individuals. The potential for such losses will be carefully scrutinised and compensated for through the National Process Framework and Resettlement Policy Framework described in this report, and appropriate procedures will be followed where necessary.

    Other donors and aid agencies, including International and National NGOs play an active role within the fisheries sector in Ghana and their safeguards standards will be observed through operation of the Environmental and Social Safeguards Management Plan.

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    4.3 THE GOVERNANCE FRAMEWORK IN GHANA

    The Ministry of Food and Agriculture (MOFA): Preparation of Fisheries laws and policies fall under the responsibilities of the Minister of Food and Agriculture who in turn delegates functions, including implementation to a semi-autonomous body; the Fisheries Commission.

    The Fisheries Commission (FC) was established under the Fisheries Commission Act (625, 2002). It oversees management, regulation and utilisation of the fisheries resources of Ghana drawing on powers set out in the Fisheries Law (PNDC 256, 1991). Fisheries Act 625 provided for the establishment of a more robust Fisheries Commission (FC) which is an amalgamation of the erstwhile FC and Department of Fisheries.

    Ten individuals constitute the Board which is led by a chairman (appointed by the President of Ghana in consultation with the Council of State) supported by three members drawn from the ministries of transport, defence and environment. There are three representatives from the following parastatal organizations - the Ghana Marine Fishing Officers Association, Water Research Institute and Ghana Irrigation Development Authority- and two representatives (one from the artisanal and one from the industrial sections )of the National Fisheries Association of Ghana. Finally, the tenth member is a person with requisite knowledge of the fishing industry or natural resources renewal management

    The day to day work of the Fisheries Commission is undertaken by the Department of Fisheries (DOF) which serves as the implementation secretariat of the Fisheries Commission, as stipulated by the Fisheries Act 625 of 2002. Specific tasks that are undertaken by the Department of Fisheries include:

    preparing fishery resource management plans; developing regulations for the fishing industry; organizing monitoring, surveillance and enforcement for the national fishery resources and

    ensuring compliance with national fisheries law; and institutionalizing co-management concepts

    The MCS Division of the DoF (established under the Fisheries Sub sector Capacity Building project), works in conjunction with the Ghana Navy and undertakes sea patrols to exclude industrial fishing vessels from the 30-metre depth IEZ, reserved for artisanal fisheries. The MCS also conducts inspection of industrial vessels at the fishing ports of Tema and Takoradi for:

    valid fishing licences, legality of fishing gear skippers certificate, log book and crew composition

    The MCS undertakes similar functions for inland fisheries on Lake Volta

    The Ministry of Local Government and Rural Development (MLGRD) is responsible for managing fishers, fish processors and fishery resources at district and sub-district levels which it undertakes through the District Assemblies. In 2002, the District Assemblies in collaboration with DoF, were mandated to facilitate fishery resource management by:

    helping to form and sustain Community Based Fisheries Management Committees (CBFMCs); cooperating with the DoF MCS units; providing legal and financial support to the CBFMCs; and, approving levies proposed by the CBFMCs

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    Community-Based Fisheries Management Committees: are charged with the responsibility of enforcing national fisheries laws at community level, as well as initiating and enforcing their own by-laws.

    4.4 THE LEGAL FRAMEWORK

    4.4.1 International Conventions

    Ghana has ratified a number of international conventions and treaties which have an important bearing on the state of its marine and inland waters and the condition of the fisheries. These are listed in Box 1 below.

    Box 1 International Conventions, treaties and agreements to which Ghana is a signatory. 1. International Convention for the Prevention of Pollution of the sea by Oil: 21 October 1962 2. Convention on the Africa Migratory Locust: 25 May 1962 3. Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water: 5th August 1963 4. International Convention for the Conservation of Atlantic Tunas: 4 May 1966 5. Africa Convention on the Conservation of Nature and Natural Resources: 15 September 1968 6. International Convention on Civil Liability for Oil Pollution Damage: 29 November 1969 7. International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Causalities 8. Convention on Wetlands of International Importance, Especially as Waterfowl Habitats: 2 February 1971 9. Treaty and Prohibition of the Emplacement of Nuclear Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the Subsoil Thereof: 11 January 1971 10. International Convention on the Establishment of an International Fund for Compensation of Oil Pollution Damage: 18th December, 1971 11. Convention Concerning the Protection of World Cultural and Natural Heritage: 16 November 1972 12. Convention on International Trade on Endangered Species of Wild Fauna and For a: 3 March 1973 13. Convention on the Military or Any other Hostile Use of the Environmental Modification Techniques: 10 December 1976 14. Convention on the Conservation of Migratory Species of Wild Animals: 23 June 1979 15. Convention for the Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region,1981(Abidjan Convention) 16. United Nation Convention on the Law of the Sea: 10 December 1982 17. Montreal Protocol on Substances that Deplete the Ozone Layer: 24 July 1989 18. Convention to Combat Drought and Desertification 19. Framework Convention on Climate Change: June 1992 20. Convention on Biological Diversity,1992 4.4.2 Environmental-Related Conventions Environmentally related conventions ratified by Ghana include:

    International Convention for the Prevention of Pollution of the sea by Oil: 21 October 1962

    Convention on the Africa Migratory Locust: 25 May 1962 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water: 5th August 1963

    International Convention for the Conservation of Atlantic Tunas: 4 May 1966 Africa Convention on the Conservation of Nature and Natural Resources: 15 September 1968 International Convention on Civil Liability for Oil Pollution Damage: 29 November

    1969 International Convention Relating to Intervention on the High Seas in Cases of Oil

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    Pollution Causalities Convention on Wetlands of International Importance, Especially as Waterfowl Habitats:

    2 February 1971 Treaty and Prohibition of the Emplacement of Nuclear Weapons of Mass Destruction

    on the Seabed and the Ocean Floor and in the Subsoil Thereof: 11 January 1971 International Convention on the Establishment of an International Fund for

    Compensation of Oil Pollution Damage: 18th December, 1971 Convention Concerning the Protection of World Cultural and Natural Heritage: 16

    November 1972 Convention on International Trade on Endangered Species of Wild Fauna and For a: 3

    March 1973 Convention on the Military or Any other Hostile Use of the Environmental

    Modification Techniques: 10 December 1976 Convention on the Conservation of Migratory Species of Wild Animals: 23 June 1979 Convention for the Cooperation in the Protection and Development of the Marine and

    Coastal Environment of the West and Central African Region,1981(Abidjan Convention)

    United Nation Convention on the Law of the Sea: 10 December 1982 Montreal Protocol on Substances that Deplete the Ozone Layer: 24 July 1989 Convention to Combat Drought and Desertification Framework Convention on Climate Change: June 1992 Convention on Biological Diversity,1992

    4.4.3 National Legislation

    The principal national legislation that affects fisheries in Ghana is listed below:

    1. Fisheries Regulation 1984 LI 1294; 2. Fisheries (Amendment) Regulation 1977 3. Maritime Zones (Delimitation) Law, 1986; 4. PNDC Law 256 of 1991; 5. Fisheries Commission Act of 1993; and 6. Fisheries Act 625 of 2002. 7. Fisheries Regulations passed in 2010, LI 1968

    Other laws that have relevance to the fisheries sector include:

    1. Wild Animals Preservation Act, 1961 (Act 43); 2. Volta River Development Act, 1961 (Act 46); 3. Ghana Water and Sewerage Corporation Act, 1965 (Act 310); 4. Oil in Navigable Waters Act, 1964 (Act 235); 5. Irrigation Development Authority Decree, 1977 (SMCD 85); 6. Minerals and Mining Law 1986 (PNDCL 153); 7. Environmental Protection Agency Act, 1994 (Act 490); 8. Ghana Highway Authority Act, 1997 (Act 540); 9. Timber Resources Management Act, 1998 (Act 547); and 10. Minerals and Mining Act, 2006 (Act 703

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    4.3.4 Policies A number of Environmental related Policies exist in Ghana however there is no specific policy on the coastal zone. These include:

    The National Environment Policy National Wetlands Policy Agricultural Policy Tourism Development Policy Land Management Policy National Health Policy Energy Policy Minerals Policy Wildlife Conservation Policy

    The main thrust and orientation of national policies on the protection, management and development of the marine and coastal environment focuses on the following three major areas:

    Integrated coastal zone management and sustainable development Marine environmental protection, both from land-based activities and from sea-based

    activities; and Sustainable use and conservation of marine living resources (both of the high seas and

    under national jurisdiction). Specific plans have been developed to ensure the realization of prudent management of the marine and coastal environment. These include:

    Coastal Zone Management Indicative Plan, 1990 National Environmental Action Plan, 1994 Draft Integrated Coastal Zone Plan, 1998 Coastal Zone Profile of Ghana 1998 National Oil Spill Contingency Plan with specific reference to the marine environment,

    2002 Environmental sensitivity map of the coastal areas of Ghana, 1999 and 2004.

    Despite the existence of these plans active integration and coordination has been lacking in practice at local level. 4.3.4 Regulations Though several legislations exist on coastal protection and sustainable development, there is no omnibus legislation on the environment. Legislation relating to the area include the following:

    Beaches Obstruction Ordinance, 1897 (Cap 240) The Mineral and Mining Law, 1986 (PNDC 153) Rivers Ordinance, 1903 (Cap 226) Land Planning and Soil Conservation Ordinance No 32 of 1953 as Amended by the Land Planning and Soil Conservation (Amendment) Act, 1957 (No. 35 of 1957) Maritime Zones (Delimitation) Law 1986 (PNDCL 159) urban planning and

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    development Town and Country Planning Ordinance (Cap 84) Wild Animals Preservation Act, Act 235 1964 The Towns Ordinance (Cap 86) National Building Regulations 1996 (LI 1630) Volta River Development Act, 1961 Fisheries Act 2002, Act 625 Fisheries Law, 1991 (PNDC 256) Fisheries (Amended) Regulations, 1977 and 1984

    The sustainable use and conservation of marine resources is encouraged through legislation, regulations, education and awareness creation programmes as well as the enforcement of existing regulations and legislation The legal framework for coastal zones issues and management in the country are contained in the following documents

    The 1992 constitution EPA Act, 1994 (Act 490) Environmental Assessment Regulations, 1999 (LI 1652) Local Government Act, 1993 (Act 462) Environmental Standards and Guidelines.

    In addition, there are other specific legal frameworks, which include: a) The legal framework for Ecosystem Protection, which are:

    Wild Animals Preservation Act 1961 (Act 43) Wildlife Conservation Regulations 1971 (LI685) Wild Reserves Regulations 1971 (LI 740) The Wetland Management (Ramsar sites) Regulation, 1999 Oil in Navigable Waters Act, 1964 (Act 235)

    b) The legal framework for Fisheries Resources, which are: Fisheries Law 1971 (PNDCL 256) Fisheries Act 2000

    c) The legal framework for Oil and Gas Industry Petroleum (Exploration and production) Law 1984 (PNDCL 84) Mineral (Offshore) Regulations 1963 (LI 257) Mineral (Oil and Gas) Regulations 1963 (LI 256) Oil and Mining Regulations, 1957 (LI 221)

    d) The legal framework for Tourism Promotion (including coastal tourism) Ghana investment Promotion Centre Act 1994 (Act 478) Companies Code 1963 (Act 179) Free Zone Act 1995 (Act 504) Ghana Tourism Board Ghana Commission on Culture

    4.4 ACTIVITIES RELATING TO FISHERIES INTERESTS

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    Over the years, several activities have been undertaken which are of relevance to protection of the marine environment and fisheries. These include:

    Ghana Environmental Resource Management Project in Coastal Wetlands Management Component

    Gulf of Guinea Large Marine Ecosystem Project Fisheries Sub-sector Capacity Building Project Establishment of a Protected Wetland Ecosystem on the coast Development and Implementation of Oil Spill Contingency Plan Monitoring of fish stock levels and associated oceanographic parameters Institution of a programme of Monitoring, Compliance and Surveillance of the marine

    environment Development of industrial pollution standards Development of University course on Coastal Zone Management Increased public education on sound coastal and marine environmental practices

    4.5 RELEVANT INSTITUTIONS With regards to protection, management and development of the marine and coastal environment, a number of ministries and agencies have been identified as potential stakeholders. Those shown with an asterisk are likely to have a particularly active role:

    Ministry of Environment and Science* The Environmental Protection Agency* Ministry of Tourism* Ministry of Local Government and Rural Development* Ministry of Ports*. District Assemblies * Ghana Ports and Harbours Authority* Hydrological Services Department Ministry of Food and Agriculture Ghana Tourist Board Ghana Investment Promotion Centre Fisheries Commission Ministry of trade, Industries and PSI* Ministry of Lands, and Natural Resources Forestry and Mines Ministry of Energy Ministry of Health Ministry of Education, Youth and Sports Ministry of Defence Ghana Navy* Ministry of Works and Housing Ministry of Women and Childrens Affairs* Ministry of Roads and Transport National Development Planning Commission Council for Scientific and Industrial Research Universities and Research Institutions Ghana Meteorological Agency Town and Country Planning Department Water Resources Commission

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    Ghana National Petroleum Corporation* Volta River Authority* Geological Survey Department Forestry Commission (Forestry and Wildlife Division) Traditional Rulers and their analogous ministry and laws

    Non-Governmental Organisations including Resource Development & Environmental Oriented Development Organisation

    Friends of the Earth Green Earth Wildlife Society Recerca e Cooperazione Centre for African Wetlands And many others

    4.6 PARTNERSHIPS Few formal partnerships exist. However, support for coastal conservation activities has been received from the private sector as well as from Government. Regional and sub-regional collaboration efforts occur at various levels although the level of practical intervention is sometimes limited. The science and technology unit of ECOWAS is engaged on issues relating to the management of the Gulf of Guinea. In addition, a bilateral arrangement exists between Ghana and Cote dIvoire for the management of and datasharing on Sardinella stocks which migrate between the two countries. The NEPAD framework among the coastal states of Africa is also developing an interest in marine and coastal management. 4.6.1 Technical and financial support Ghana receives technical support in the form of training, research and project implementation from national, bilateral and multi-lateral sources. Financing of activities in the sector is primarily supported from the national budget. However, donor support from both bilateral and multilateral sources has also been obtained for specific programmes, such as the World Bank sponsored Fisheries Sub-sector Capacity Building Project; UNOPS sponsored Environmental Sensitivity Map for Coastal Areas, The Ghana Coastal Wetland Project of the World Bank, UNEPs WACAF Programmes, and The Darwin Marine Biodiversity of West Africa Project by DFID implemented by the University of Ghana. 4.7 ACTIVITIES Activities undertaken in the country with importance to the marine and coastal area are outlined in the following sections. 4.7.1 Environment-related activities

    Ecological Baseline studies of Korle Lagoon (1990-2000). This was carried out to satisfy EIA requirement and as a result pollution status of the lagoon was established.

    Lower Volta Mangrove Project (1996-1998). The objective is to ensure sustainable management of mangrove stands and as such baseline information was documented.

    Save the Seashore Birds Project (1985-1995). This was to protect the seashore birds and as a result conservation awareness of seashore birds was achieved.

    Ghana coastal wetlands management project (1996-1999). In this, management of the five coastal wetlands designated as Ramsar Site was put in place

    Darwin Marine Biodiversity of West Africa Project. It is a training project in marine biodiversity assessment.

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    4.7.2 Social-related activities A considerable amount of attention is currently being given to the potential impact of oil-related

    development in coastal regions following the publication of Environmental and Social Impact Assessments and Management Plans relating to the Jubilee Oil Field discoveries.

    4.7.3 Coastal area management Climate and vulnerability and adaptation assessment on water resources, agriculture and the

    coastal zone Projects. (1997-1999). The projects assessed the vulnerability of the coastal zone to climate change.

    Coastal area management plan for Princess Town (1998-2000), which aimed at providing a plan for the management of Princess Town.

    Keta Sea Defence Project Work (2000-2004). The project aimed at protecting the Keta and its environs from the episodes of erosion faced in the area and also to ensure improvement in environmental and socio-economic conditions at Keta and its immediate surroundings.

    4.7.4 Regional Programmes Gulf of Guinea Large Marine Ecosystems Project (1996-1999). The project developed an

    effective approach to prevent and control pollution in the Gulf of Guinea and conserve its biodiversity. As a result, regional institutional capacities were strengthened and also a coastal zone management profile and plans produced.

    UNEP WACAF Projects 1 & 2. This aims at institutionalising and coordination of national contingency plans, monitoring of pollution in the marine environment and control of coastal erosion.

    4.7.5 Other major programmes Other recent programmes and activities in the marine and coastal environments have included:

    Ghana Environmental Resources Management Project in Coastal Wetlands Fisheries sub-sector Capacity Building Project Establishment of a Protected Wetland Ecosystem on the coast Development and Implementation of Oil Spill Contingency Plan

    4.8 ONGOING PROJECTS Ghana is currently implementing several projects in the marine and coastal area. Some of these projects are linked to developmental projects for which impact assessments are required under the Environmental Assessment Regulations of 1999. Some of the projects are large scale in nature with extensive baseline and monitoring studies like the Keta Sea Defence Project and the West Africa Gas Pipeline project. Others are projects being implemented under the auspices of the United Nations agencies and non-governmental organisations include:

    Combating Living Resource Depletion and Coastal Area Degradation in the Guinea Current LME through Ecosystem-based Regional Actions.

    Amansuri Conservation and Integrated Development Project (ACID) Danida Water and Sanitation Sector Programme II: Support to Integrated Water Resources

    Management (IWRM) Component (2004-2008):The Densu Basin aspect of the IWRM component.

    Reduction of Environmental Impact from coastal tourism. Bui Hydro Power Project. Sea Defence Project at Atorkor. Sea Defence Projects in selected towns in the Western Region of Ghana.

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    4.9 CONCLUDING REMARKS

    This chapter has highlighted the wide range of conventions, laws, policies, regulations and activities affecting the inland and coastal regions and inland freshwater and marine environment of Ghana. It will be important to keep all of these processes and procedures under review as the Fisheries and Aquaculture Sector Development Plan is taken forward to the implementation stage.

    The main responsibility for ensuring delivery of the Fisheries and Aquaculture Sector Development Programme will rest with the Fisheries Department of the Ministry of Food and Agriculture and the Fisheries Commission, supported by the MCS Division and Ghana Navy. However, a key part of the programme is the development of local co-management arrangements, and the Ministry of Local Government and Rural Development and individual District Assemblies will play a key role in helping to form and sustain Community Based Fisheries Management Committees.

    Over time, a significant number of fishermen and individual fish processors are likely to leave the sector as harvesting, landing and processing of the catch becomes more efficient. Management of these changes, especially where disadvantaged and vulnerable sections of the community are affected, will need substantial support and investment and a high degree of coordination amongst government ministries and agencies, NGOs and international partners to ensure that development assistance is effectively targeted.

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    CHAPTER 5 WORLD BANK SAFEGUARD ISSUES

    5.1 INTRODUCTION

    The World Banks proposed funding support to the Government of Ghana covers an initial five years period which could potentially be extended at a later date. As the Government of the Republic of Ghana notes in the draft FASDP improving the management of the countrys fisheries and ensuring that the impacts on individuals and communities are properly addressed ...will take 20 or more years to effect. It has therefore been judged important in this report to distinguish between changes that might occur as a direct result of the World Banks financial assistance, thereby triggering the Banks environmental and social safeguards, and changes that could result from longer term adjustments to fisheries and other sectors of Ghanas economy as a result of wider influences by Government, other donors and world-wide factors (for example, international progress in world trade agreements).

    The aim in this chapter is to identify changes which are likely to fall within the purview of the World Banks reputational risks and responsibilities under the first five years of the Fisheries and Aquaculture Sector Development Plan (FASDP). It should be clearly understood that the views expressed are those of the consultancy team and it will be for the World Banks internal advisors to decide what formal recommendations are made to the World Bank Board.

    Trends that may emerge in later stages of the implementation of FASDP subsequent to the initial five year period - are discussed in chapter 6.

    5.2 THE CURRENT SITUATION

    The general status of Ghanas fisheries has been described in Chapters 3, while the legal and policy context has been set out in Chapter 4. The World Banks investment is being planned specifically to support government policy with the aim of providing a more efficient and better regulated fisheries sector. Currently, open access is leading to progressive deterioration in fish stocks and lower economic returns. Based on many international examples of successful intervention, the current proposals (see Chapter 2) are to provide support to introduce formal licensing of all vessels and proper monitoring and control over the seasonal timing and location of fishing activity, use of gear and approved nets and self regulation through