Download Final Draft Ringnet Fishery Management Plan Revised

REPUBLIC OF KENYA
MINISTRY OF AGRICULTURE, LIVESTOCK AND FISHERIES
THE SMALL SCALE PURSE SEINE FISHERY MANAGEMENT PLAN
State Department of Fisheries
P.O. Box 58187 00200
Nairobi, Kenya
FINAL DRAFT
SEPTEMBER 2015
THE SMALL SCALE PURSE SEINE FISHERY MANAGEMENT PLAN
In Exercise of the powers conferred by Section 5 of the Fisheries Act Cap 378 (Rev. 2012), the Director
of Fisheries prescribes the measures set out in this Management plan in the schedule hereto with
respect to the Small and medium purse Seine Fishery.
The management plan shall be in force with effect from the date of its publication in the Kenya gazette.
1. CITATIONS
This Management Plan shall be cited as ‘The Small Scale Purse Seine Fishery Management Plan
2015’ herein referred to as “The Management Plan’’.
2. INTERPRETATIONS
In this Management Plan, unless the contrary intention applies:
“Authorized officer” means a person defined as such under the Fisheries Act Cap 378 (Rev. 2012);
“BMU” means an organization of fishers, fish traders, boat owners, fish processors and other beach
stakeholders who traditionally depend on fisheries activities for their livelihoods;
“BMU regulations” means the fisheries (Beach Management Units) Regulations 2007;
"Breeding area" means an area in Kenya fishery waters which the Director has, by notice in the Gazette,
designated to be a fish breeding area and includes the nurseries for ova, fry, spawn, brood, spat and
young of fish thereof;
“Bycatch’’ means any species taken and any mortalities incidental to the target species;
“Cabinet secretary” means the Cabinet secretary responsible for fisheries in Kenya;
“Closed season” means a specified period of time closed to Small Purse Seine Fishery fishing;
“Catch per unit effort” (CPUE) means the amount of the catch that is taken per unit of fishing effort
whereby the unit of effort can be measured in terms of number of fishing fleets, fishing power, gear and
fishing time;
“Co-management’’ means a partnership arrangement in which government and the legitimate interested
parties in a fishery share the responsibility and authority for the management of a fishery;
“Community Trust Fund” means a fund created under the Fisheries Act, Cap 378;
“Conflict Resolution Committee” a committee established by Beach Management Unit for conflict
resolution;
“Coral reef fish” means fish species that live within the coral reef ecosystem;
“Critical habitats” means areas that are crucial for the survival of fish and essential for their conservation
including breeding and fish spawning sites;
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“Demersal reef associated species” are coral reef fish species that are not restricted to coral reefs but
regularly migrate to offshore areas often for feeding and spawning;
“Director” means a person appointed to the office in the public service of Director of Fisheries;
“Fishing ground” means marine fishery waters open for Small Purse Seine fishing;
“Fish landing station” means a point on the shore of any waters or coastline of which the Director has,
by notice in the Gazette, designated as a point to land fish;
“Fishing operations” includes fishing, supply of provisions to fishing vessels, and the handling and
processing of fish up to the time it is first landed;
“ITQ” Means Individual Transferrable Quota;
“Juvenile fish” means any fish species that has not matured to reproduce and has not recruited into the
fishery;
“Marketing fish” means a place where handling and selling of fish takes place;
“Maximum Sustainable Yield (MSY)” means the highest catch of fish that can be attained from a fishery
without adversely affecting the health and productivity of the stock;
“Marine turtle” means any animal of the family Cheloniidae and Dermochelyidae and includes eggs and
young thereof;
“Migrant fisher” means a fisher who moves seasonally for a period of time or indefinitely as result of
changes in the abundance and distribution of migratory fishery resources;
“Monitoring, Control and Surveillance (MCS)’’ means a set of activities undertaken by the fishery
enforcement system to ensure compliance with fishery regulations and to support fisheries
management;
“Ombudsman” means Commission on Administrative Justice established under the Commission on
Administrative Justice Act, 2011
“Pelagic fishes" means coastal and oceanic fish species that spend most of their life swimming near the
surface of the water column;
“Preferential license” a specific license that entitles the holder to engage in specific fishing activities
related to a particular gear;
“Reference point” means an indicator of a particular state of a fishery or corresponding to a situation
considered as desirable or undesirable and requiring immediate action;
“Small Scale Purse Seine net” means a long continuous stretch of netting of varied lengths,200 –
300mm depths 20-30m and mesh sizes 0.5 -2 inches consisting of a float line and a bottom sink line
fitted with small round metallic rings. A rope running through the metallic rings is used to encircle a
group of fish. This net is commonly referred to as ‘’Ringnet’’;
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“Small Purse seine fishing” means the use of a Small Purse Seine net” to catch fish;
‘’Small scale purse seinet fisher’’ means an individual who takes part in fishing using a Small Purse
Seine net”;
Purse seine fishing vessel” means any vessel used or equipped to conduct fishing using the small scale
purse seine net;
“Spawning aggregations” a group of fish of the same species gathered for the purpose of reproduction
with species densities and numbers significantly higher than those found in the area of aggregation
during non-reproductive periods;
“Stock’’ means a group of individuals in a species or a group of species occupying a well-defined spatial
range even though random dispersal and migrations due to seasonal or reproductive activity can occur;
“Target species’’ means one (or an assemblage of) species that are primarily sought by the fishers in
the Small Purse Seine net fishery;
“The Act’’ means the Fisheries Act Cap 378; and any subsequent revisions
“The Fishery’’ means the Small and medium Purse Seine net Fishery;
“Total Allowable Catch (TAC)’’ means the total catch allocated to the fishery during a specified fishing
period as defined in the management plan;
“Zone” means setting of boundaries in the marine waters for purposes of the management plan.
3. DESCRIPTION OF THE SMALL SCALE PURSE SEINE FISHERY
3.1.
Small Purse seine fishing is defined as the use of long continuous stretches of netting of
varied lengths and mesh sizes consisting of a top float line and a bottom sink line fitted with
small round metallic rings. A plastic rope running through the metallic rings attached to a
bottom line is used for the pursing process to capture fish. Most small purse seine are
normally 0.5 to 1 and a few small purse seine nets are of 2 inch mesh size.
3.2.
Purse seine fishing is conducted using a single vessel; however, one smaller vessel may
also be used to aid deployment and safety of crew at sea. The vessels range from 7
metres to 13 metres in length, with the number of fishers ranging from 9 to more than 40
per boat. The reported fishing duration is about 5 hours per day.
The small Scale purse seine gear catches pelagic species and reef associated species.
The pelagic species commonly caught by ringnet fishing gears are dominated by three
families including Jacks and Trevallies (Carangidae), Tuna and Mackerels (Scombridae)
and Barracudas (Sphyraenidae). Among the species targeted include Giant trevally
(Caranx ignobilis), Blue trevally (Carangoides ferdau), Bludger (Carangoides
gymnosthetus), Golden trevally (Gnathanodon speciosus), Orangespotted trevally
(Carangoides bajad), Bigeye trevally (Caranx sexfasciatus), Yellowtail amberjack (Seriola
lalandi), Rainbow runner (Elagatis bipinnulatus), Little mackerel (Euthynnus affinis),
Yellowfin tuna (Thunnus albacares), Frigate tuna (Auxis thazard), Indian mackerel
(Rastrelliger kanarguta), Narrow-barred Spanish mackerel (Scomberomorous
3.3.
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commersoni), Chub mackerels (Scomber japonicus), Skipjack tuna (Katsuwonis pelamis),
Pickhandle barracuda (Sphyraena jello), Bigeye barracuda (Sphyraena forsteri) and
Halfbeaks (Hemiramphus far). Demersal reef associated species targeted include
Snappers (Lutjanidae), Surgeonfishes (Acanthuridae), Grunts (Haemulidae), Sicklefishes
(Drepanidae), Unicornfishes. Other shallow water reef species reportedly caught include
Rabbitfish, Goatfish, Angelfish, Parrotfish, and Triggerfish. Currently species composition
is dependent on area and season.. Highest diversity is associated with Vanga during the
North East Monsoon season (NEM). Small purse seine fishers visually locate schools of
fish and can determine what volumes and species to capture. Usually fishers prefer mixed
schools of carangids and scombrids.
3.4.
The predominant grounds for small scale purse seining include areas off Vanga, Shimoni,
Gazi, Likoni, Mkomani, Uyombo, Ngomeni, Mtwapa, Kilifi, Takaungu, Mayungu, Watamu
and Kipini. The vessels migrate seasonally within the fishing grounds.
Figure 1: A map of Kenya showing the main landing sites used by small purse seine fishers.
3.4
By the year 2012, the frame survey results reported twenty two ringnet fishing vessels
operating in Kenya’s waters as follows: Lamu - 0, Tana-0, Malindi- 2, Kilifi-1, Kwale-18 and
Mombasa-1. The general distributions of the landings were as follows: Vanga-7, Gazi-3,
Shimoni-2, Likoni-1, Mkomani-1, Takaungu-2, Kilifi-2, Uyombo-1 Watamu-2, and Kipini-2,
Mtwapa-1. Currently the total number of ringnet boats is thirty one according to results of
the marine fisheries frame survey 2014.
3.5
Small purse seining has higher catch rates compared to other fishing gears utilized along
the Kenyan coast. On average, the CPUE ranges from approximately 100 to 460
kg/vessel/day. Based on catch assessment data there are spatial and seasonal variations
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in catch rates with highest catch rates reported for Vanga area during the South East
Monsoon(SEM) season.
3.6
Fishing season is from October to April peaking between the months of November and
March for most areas but in Vanga small scale purse seine fishing is conducted all year
round.
3.7
Sand filled synthetic sacks (gunny bags) are frequently employed as weights to increase
sinking speed of the bottom sink line.
3.8
Incidences of purse seining in shallow inshore areas have been reported, and this may
have environmental implications.
3.9
The small scale Purse Seine have been reported to catch demersal fish species such as
snappers, rabbitfish and groupers during spawning aggregation and this may have adverse
implications for population replenishment.
3.10
The current unexploited Spawning Stock Biomasses of Sphyraena jello, S. Obtusata, S.
flavicauda and Rastrelliger kanagurta in inshore waters face the threat of being overexploited with higher fishing mortalities than those at Maximum Sustainable Yield
3.11
3.12
Some of the by-catch associated with the small scale purse seine fishery includes reef
fish, lobsters and sea turtles
3.13
There are no current management measures addressing the small scale purse seine
fishery in Kenya other than those relevant to the fishery as mentioned in the Fisheries Act
Cap 378 (Revised 2012) and its subsidiary regulations.
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APPLICATION OF THE MANAGEMENT PLAN
4.4
Geographical Area
This management plan covers the marine fishery waters of Kenya as described in the Maritime Zones Act
Cap 371; herein after referred to as the Management area.
Figure 2: A map showing Ringnet fishing zones prescribed as the management area
4.5
Target Species
This Management Plan shall apply to the harvesting of pelagic fish species belonging to the following
families: Jacks and Trevallies (Carangidae), Tuna and Mackerels (Scombridae), Barracudas
(Sphyraenidae), Halfbeaks (Hemiramphidae), and Dolphinfishes (Coryphaenidae). This management plan
does not cover fishing for small pelagic such as sardines.
4.6
Small scale Purse seining
The Small scale purse seining is defined as the use of long continuous stretches of netting of specified
lengths and widths. The gear consists of a top float line and a bottom sink line fitted with small, round
metallic rings. A plastic rope running through the metallic rings attached to a bottom line is used to
encircle and capture fish. Fishing is conducted using a single boat; however, one smaller boat may also
be used to aid deployment and safety of crew at sea.
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5
OBJECTIVES OF THE MANAGEMENT PLAN
The broad objective of this management plan is to enhance responsible exploitation of pelagic fish stocks
through regulation of sustainable ringnet fishing practices that minimize resource use conflicts while
providing long term biological and socio-economic benefits including food security, employment creation,
and national revenues.
Specific objectives of the Management Plan are to:
5.1
Regulate the small scale purse seine catches, effort, trade and fishing zones;
5.2
Minimize conflicts through capacity building of resource user organizations, benefits
sharing strategies, licensing schemes and environmental management;
5.3
Specify and monitor management reference points for the small scale purse seine fishery
through research and data collection;
5.4
Improve the net income small scale purse seine fisher communities and national revenues
through value chain development and improvement; and
5.5
Develop mechanisms to enhance enforcement and compliance for ecosystem
management.
6
MANAGEMENT APPROACH
6.1
This Management Plan shall be consistent with national, regional and international
fisheries management principles.
6.2
In the absence of adequate scientific information on the status of fish stocks associated
with small scale purse seining, the Management Plan shall apply a precautionary approach
in response to the existing level of uncertainty with respect to target and non-target
species.
6.3
The Management Plan shall apply an ecosystem approach to fisheries in considering
socioeconomic and ecological impacts of the small scale purse seine fishery; and an
adaptive approach in adopting plans as necessary based on research findings.
6.4
This management plan shall complement measures and programmes instituted for the
Small and Medium Pelagic Fishery Management Plan.
7
MANAGEMENT MEASURES
The Director shall employ the following management measures under this Management Plan:
7.1.
Control small scale purse seine fishing effort:
7.1.1
As a precautionary measure, limit the number of licensed small purse seine fishing vessels
subject to scientific research;
Limit the size of small scale purse seine fishing vessels to a minimum of 12 metres;
7.1.2
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7.1.3
7.1.4
7.1.5
7.1.6
Limit fishing with purse seine nets to one per vessel; and exclude use of any other types of
fishing gears during fishing operations;
Limit small scale purse seine net to a minimum length of 200 metres not exceeding 300
metres; and a minimum stretched width of 20 metres not exceeding 30 metres;
Restrict Small purse seine fishing operation time from 6a.m to 6p.m;
Issue a preferential license for small purse seine fishing operations endorsed annually.
7.2
Specify Total Allowable Catch (TAC) for small scale purse seine fishing operations; and
make provisions and guidelines for allocating Quotas including Individual Transferable
Quotas (ITQs) based on the best available scientific evidence.
7.3
Minimize impacts of small scale purse seine fishing on juvenile fish, endangered species
and marine habitats:
7.4
7.3.1
Introduce a minimum mesh size for small purse seine net subject to scientific research;
7.3.2
Introduce capture size limits for key target species especially barracudas and mackerels
based on the best available science;
7.3.3
7.3.4
7.3.5
7.3.6
Enforce regulations on handling and/or trading of juvenile fish;
Enforce regulations on capture of endangered species;
Enforce a precautionary closed season from 1st April to 31st August;
Limit fishing activities 1 nm away from coral reef zones and designated fish breeding sites.
Zone small scale purse seine fishing grounds:
7.4.1
7.4.2
7.4.2.1
7.4.2.2
7.5
A minimum of 50 metres northwards from Funzi Island;
A minimum of 30 metres southwards from Funzi Island.
Regulate access to fishing grounds and markets:
7.5.1
7.5.2
7.6
Zone critical fish habitats including nearshore coral reef areas, fish spawning and breeding
sites where use of small scale purse seine net will be restricted;
Restrict small scale purse seining depth to designated zones as prescribed provided that
the distance is not less than 1 nautical mile from the coral reef:
Enforce relevant BMU bylaws on access to fishing grounds and markets;
Restrict the landing and selling of catches from small scale purse seine to designated fish
landing stations;
Establish mechanisms to increase the income and other economic benefits from the small purse
seine fishery through value chain development such as:
7.6.1
7.6.2
7.6.3
7.6.4
7.6.5
7.6.6
Improvement of fish handling to minimize post-harvest losses;
Enforcement of relevant BMU regulations and by-laws including development of comanagement plans;
Supporting formation of marketing associations and cooperatives;
Supporting product development of small purse seine catches;
Development of a Marketing Information System;
Promotion of Public Private Partnership (PPP);
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7.6.7
7.6.8
Promotion of capacity building and participation of small purse seine fishers; and
Promotion of innovative small and medium pelagics fishing technologies;
7.7.1
7.7.2
Enforcement of mandatory registration of vessels and fishers before licensing;
Mandatory use of electronic monitoring devices to ensure compliance to management
measures during small scale purse fishing;
Development of standardized data collection protocols, storage, processing and analysis of
small scale purse seine catch data;
Compulsory submission of catch, effort and electronic tracking data;
Requirement of small scale purse seine operators to allow boarding by authorized officers;
Introduce a a small purse seine fishery observer program
Requirement of inspection of small scale purse seine fishing vessels and associated catch
both at sea and on land by authorized officers; and
Enforcement of sea safety regulations;
1.1.1
Establish mechanisms for Monitoring, Control, and Surveillance (MCS) to enhance compliance of
small scale purse seine fishing operations through:
7.7
7.7.3
7.7.4
7.7.5
7.7.6
7.7.7
7.7.8
7.8
Put in place a programme of co-management as provided in the Fisheries (Beach Management
Unit) Regulations, 2007 through:
7.8.1
7.8.2
7.8.3
7.8.4
7.9
Development of co-management plans;
Enforcement of the relevant BMU regulations for compliance, security and safety;
Education and awareness creation; and
Training of BMU Assembly members on financial management, proposal writing, savings
and credit accessibility, marketing and access to relevant financial institutions;
1.1.2
In consultation with relevant stakeholders, institute a benefit sharing strategy based on the
underlying principles of the BMU regulatory framework.
7.10 Subject to necessary legal amendments to the Fisheries Act, the Cabinet Secretary shall, through a
trust deed, establish a Community Trust Fund and cause the same to be implemented for the
purpose of developing the small purse seine fishery and ensuring sustainable compliance to the
management measures.
7.11 Ensure collaboration with the relevant sectors to develop complementary economic activities for the
fishers
7.12 Require a small purse seine fishing vessel operator to provide a detailed fishing and marketing plan
before licensing as may be prescribed
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RESEARCH
The Director shall incorporate a monitoring and research plan to address the information
needs for management of the lobster fishery in, but not limited to the following areas:8.1.
The monitoring reference limits for the fishery shall include but not be limited to TAC,
number of registered small scale purse seine fishers and vessels subject to research
findings and amendment of relevant sections of the Fisheries Act Cap 378 (Rev 2012).
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8.2.
Temporal and spatial dynamics of the small and medium pelagic fishery along the Kenyan
coast in terms of species composition, population structure, and CPUE;
The monitoring reference limits for the fishery shall include but not be limited to TAC,
number of Registered small scale purse seine fishers and vessels subject to research
findings and amendment of relevant sections of the Fisheries Act Cap 378 (Rev 2012).
8.3.
8.4.
8.5.
Temporal and spatial variation of bycatch including endangered species from small scale
purse seining;
8.6.
8.7.
8.8.
8.9.
8.10.
8.11.
8.12.
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Experimental fishing to determine and recommend optimum mesh sizes, net dimensions
(length and depth), construction and mode of deployment of small purse seine;
Biological data including growth rates, maturity and spawning seasonality of key species
harvested by ringnets; currently biological data and population exploitation parameters
exist for Sphyraena jello, S. obtusata, S. flavicauda, Rastrelliger kanagurta and
Hemiramphus far which should be monitored
Spatial mapping of fishing grounds and effort;
Ecological Risk Assessment of the small and medium pelagic fishery;
Fish value addition, marketing and socio economic impacts;
MONITORING AND EVALUATION
The Director shall employ the following measures in the implementation of this Management Plan
9.1
9.2
9.3
9.4
9.5
9.6
10
Develop and implement a Monitoring and Evaluation (M&E) system to document catch of target and
by-catch species, including Endangered, Threatened and Protected species, fishing effort, fishing
patterns, trade dynamics, revenue and marketing, and compliance among others.
Oversee the Monitoring and Evaluation activities as outlined in the implementation framework within
the Management Plan.
In collaboration with County governments, BMUs, dealers and other stakeholders, disseminate M&E
information for feedback purposes.
Permit research programmes to monitor and/or answer specific questions in the lobster fishery.
Monitor the performance of the indicators of the harvest strategy.
Establish a system for external review and audit of the implementation of the plan
INSTITUTIONAL AND FINANCING ARRANGEMENTS
10.1 The Cabinet Secretary shall approve and cause to be gazetted this Management Plan;
10.2
10.3 The Cabinet Secretary shall approve and cause to be gazetted any amendments thereto as may
become necessary from time to time on the recommendation of the Director;
10.4 The Director shall make recommendations on the basis of research findings and stakeholders
consultation;
10.5 The Director shall constitute a committee to oversee the implementation of the Management Plan
comprised of inter alia, key small scale purse seine fishery stakeholders;
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10.6 The Director shall advice the Cabinet Secretary on any policies and legal issues concerning the
implementation of the Management Plan based on recommendations of the Implementation
10.7 The Director shall make sure that adequate mechanisms are in place to facilitate the
implementation, monitoring and evaluation of the Management Plan;
10.8 Subject to necessary legal amendments to the Fisheries Act Cap 378 (Rev 2012), the Cabinet
Secretary shall, through a trust deed, implement a Community Trust Fund;
10.9 The Director shall take into consideration the devolved governance system in implementing the
Management Plan;
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CONFLICT RESOLUTION MECHANISMS
11.1 Conflict or disputes in the Ringnet fishing operations shall be resolved in the first place within the
BMU and in this respect each BMU shall constitute a Conflict Resolution Committee in accordance
with Fisheries Act Cap 378 (Revised, 2012);
11.2
11.3 The Conflict Resolution Committee shall deliberate and dispose of any conflicts or disputes brought
before it within 14 days;
11.4
11.5 Decisions regarding any dispute handled by the relevant Conflict Resolution Committee shall be
made within 7 days of the hearing of the dispute in question;
11.6
11.7 Subject to necessary amendments to the Fisheries Act Cap 378 (Revised 2012),, any party
aggrieved by the decision of a Conflict Resolution Committee may appeal to the Fisheries Tribunal,
subject to enactment of the proposed Fisheries Bill, 2012 and the provisions of the Fisheries Act
Cap 378 (Revised 2012), and any rules made there under shall apply accordingly;
11.8
11.9 Subject to necessary legal amendments to the Fisheries Act Cap 378 (Revised 2012), the Cabinet
Secretary shall appoint a Public Complaints Committee to which members of the public may have
recourse. Whoever is not satisfied with the ruling of the Public Complaints Committee can appeal to
the ‘’Ombudsman’’.
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LINKAGES
12.1.
The Director shall ensure that the implementation of the Management Plan is in
compliance with relevant provisions under Environmental Management and Coordination
Act (1999), Kenya Maritime Zones Act Cap 371, Wildlife Management and Conservation
Act 376, Forestry Act 2005, Water Act 372, and any other relevant legislation.
12.2.
The Director shall ensure that the implementation of the Management Plan is in tandem
with the National Oceans and Fisheries Policy (2008), Vision 2030 and any other relevant
National policies.
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13.1.
IMPLEMENTATION STRATEGY
The Management Plan shall be implemented through an Implementation Committee.
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13.2.
13.3.
The Director shall designate an Officer of the State Department of Fisheries as Chairman
of the Implementation Committee within 14 days immediately following the day of
gazettement of the Management Plan and provide both guidelines and Terms of Reference
for the Implementation Committee.
The Chairman of the Implementation Committee shall within 21 days of designation
constitute a full Implementation Committee through written requests to institutions and
stakeholder members of the committee that shall include:
i.
ii.
iii.
iv.
Competent authority – State (2) and County (3);
Research (1), BMUs (3), NEMA (1) KWS (1);
Stakeholders (Direct resource users, KASA (1) artisanal fishers (3) traders (3)
processors (1); and
Stakeholders (non-direct resource users – civil society ANO (1)
13.4.
Implementation Committee shall meet within three months from the date of the
gazettement of the Management Plan to prepare a detailed workplan and budget that shall
be submitted to the Director.
13.5.
On receiving the detailed workplan and budget from the Implementation Committee, the
Director shall immediately include the work plan and budget as part of the subsequent
budgetary planning.
13.6.
The Implementation Committee shall report to the Director as specified in the Terms of
Reference (TOR) but not less than once every quarter of a calendar year on issues related
to:
13.7. Review current management measures in the RFMP for any required changes and amendments;
13.7.1 Facilitate identification of research and data collection and advice relevant institutions in
activities related to the RFMP;
13.7.2 Update relevant ringnet fisheries information and facilitate stakeholder fora including,
awareness creation, education and M&E;
13.7.3 Update the Director on cost benefit issues from time to time as contained in the Terms
of Reference (TOR); and
13.7.4 Any other issues of ringnet fishery in particular and issues related to Small and Medium
pelagics;
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14.1
14.2
14.3
14.4
REVIEWS AND AMENDMENTS
The Management Plan shall be in force from the date of Gazettement
The Director may, with the approval of the Cabinet Secretary, review the Management
Plan as may become necessary from time to time but in any event, not later than five years
from the date of approval
The review process for the Management Plan shall be consultative
Any amendment to the Management Plan shall be approved by the Cabinet Secretaryand
notified in the Kenya Gazette.
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