‘Unlocking Legal and Policy Frameworks for SSF: Global Illustrations’

Unlocking Legal and Policy Frameworks for Small-Scale Fisheries:
Global Illustrations

Editors: Vesna Kerezi, Julia Nakamura, Mostafa El Halimi & Ratana Chuenpagdee
Publisher: TBTI Global
ISBN: 978-1-7773202-3-2

Since the adoption of the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines) in 2014, a big question remains about whether the SSF Guidelines are being implemented, how and to what outcomes. The earlier study to gauge where countries were, with respect to the readiness to implement this instrument, revealed that, only a handful of countries had necessary conditions to take action, while the majority still needed to build the required capacity and the public awareness to support the implementation.

The SSF Guidelines should not be left aside for no apparent reason, and doing so is not only a missed opportunity, but a step backwards in respect of the advancements already made. This book is another wake-up call to countries around the world and especially to the developing countries whose millions of livelihoods depend on small-scale fisheries, to react to the need of implementing the SSF Guidelines in their own jurisdictions.

The purpose of this book is to encourage countries to take the required steps in appraising the extent to which the current fisheries legislation and policies are applicable for small-scale fisheries governance, and in expanding this analysis to other instruments that are not fisheries-specific, but which also provide fundamental rights and duties of small-scale fishers, including the countries’ Constitutions. Such steps can begin with an evaluation of relevant legal and policy instruments against the principles and recommendations of the SSF Guidelines, on the basis of which it is possible to determine what needs to be done to facilitate and ensure the SSF Guidelines implementation for sustainable small-scale fisheries.

Why legal and policy analysis?

Introductory chapter to the e-book by
Ratana Chuenpagdee, Julia Nakamura, Mostafa El Halimi, and Vesna Kerezi

This book's rapid appraisal of the legal and policy frameworks is part of the ‘step zero’, serving many purposes. It provides the baseline for characterizing the governing system. Since it can be regularly updated, it can enable monitoring of advancement towards the implementation of the SSF Guidelines, for instance, when a better alignment of key principles emerges. It can also be seen as a tool to communicate and improve interaction among fisheries stakeholders, enhancing understanding about the premise for certain rules and regulations and fostering shared vision for sustainable small-scale fisheries. Sharing of lessons and exchanging of knowledge between countries is also possible when the templates are compared.

By: Prasada, D.V.P.

Unlocking legal and policy frameworks for small-scale fisheries in Sri Lanka

The boats, nets, and species caught are regulated but are poorly monitored. IUU fishing has quite a significant presence in the fishery. Small-scale fishing operators compete with large local operators and operators based in India...

By: D’Andrea et al.

Unlocking legal and policy frameworks for small-scale fisheries in Tonga

The Special Management Areas (SMA) approach has been developed to allow local communities and small-scale fishers to engage in effective and sustainable co-management of marine resources...

By: Ünal et al.

Unlocking legal and policy frameworks for small-scale fisheries in Türkiye

In recent years, there has been more interest in SSF than ever before, but there is hardly any tangible results as the legal framework needs to go under substantial revisions in order to change the existing structure...

By: Sbrocchi et al.

Unlocking legal and policy frameworks for small-scale fisheries in Australia

…The terms ‘small-scale’ or ‘artisanal’ fishing are not routinely adopted in Australian fishing legislation. Considering the definition of small-scale fishing above, however, many aspects of small-scale fishing do occur within each of Australia’s fishing sectors, despite its absence in legislation...

By: Milena Arias Schreiber & Joanna Alfaro

Unlocking legal and policy frameworks for small-scale fisheries in Peru

…SSF are one of the two major fisheries in Peru in terms of capture volumes and the major one in
terms of employment. They are subdivided in two others: artisanal fishery and small-scale fishery...

By: Fitzmaurice et al.

Unlocking legal and policy frameworks for small-scale fisheries in Mexico

…Fisheries and aquaculture policies are top-down– and resource based. Different fisheries policies  apply both to SSF and industrial fisheries. There are no specific policies for the former and there are several instruments that apply to the sector that are aligned in the Political Constitution of the Mexican United States...

By: Steve Donda & Friday Njaya

Unlocking legal and policy frameworks for small-scale fisheries in Malawi

…National efforts to address small-scale fisheries issues in Malawi led to the development and implementation of several projects targeting development of the small-scale fishery in Malawi....

By: De Paula Gutiérrez-Bonilla et al.

Unlocking legal and policy frameworks for small-scale fisheries in Colombia

…Artisanal [fishery] is carried out by natural persons who incorporate their work into this activity or by cooperatives or other associations made up of fishers, who use systems and gears typical for a small-scale productive activity...

By: Cinti et al. 

Unlocking legal and policy frameworks for small-scale fisheries in Argentina

artisanal fishing is defined as the extractive activity carried out by people who individually, directly and habitually work as artisanal fishers

By: Anthea Christoffels-Du Plessis & Jackie Sunde
Unlocking legal and policy frameworks for small-scale fisheries in South Africa

"small-scale fisher is a member of a small-scale fishing community engaged in fishing to meet food and basic livelihood needs, or directly involved in processing or marketing of fish...

By: Marta C. Calosso & John A.B. Claydon
Unlocking legal and policy frameworks for small-scale fisheries in Turks and Caicos Islands

 ...while large- or industrial- scale fisheries are not precluded by law (and have operated in the past), all current fisheries should be considered ‘small-scale... 

By: Tchoundi K. et al.

Unlocking legal and policy frameworks for small-scale fisheries in Cameroon

 ...traditional or artisanal fishing: those practiced by means of equipment or boats of old design, in
particular: traditional canoes or similar devices, moving with the help of sail, paddles...

By: Gurung et al.
Unlocking legal and policy frameworks for small-scale fisheries in Nepal

 ...Small-scale fisheries are not legally defined in the national policy. However, they are mentioned in other policy documents.... 

By: Prayogi et al.
Unlocking legal and policy frameworks for small-scale fisheries in Indonesia

 small-scale fishermen are those people who fulfill their daily needs by catching fish using fishing vessels with a maximum size of 5 (five) gross ton (GT).

By: Liyana Yamin & Hayrol Azril Mohamed Shaffril
Unlocking legal and policy frameworks for small-scale fisheries in Malaysia

Small-scale fisheries are legally defined in primary fisheries legislation. They are also known as artisanal fisheries or nelayan pantai (in local language).

By: Daly et al.
Unlocking legal and policy frameworks for small-scale fisheries in Canada

Generally, small-scale fisheries in Canada use smaller vessels, fish closer to shore, and their catches in local harbours.

By: Shamsuzzaman, et al.

Unlocking legal and policy frameworks for small-scale fisheries in Bangladesh

...While there is no established definition of small-scale fisheries, the term ‘artisanal’ is often used to specify the fisheries that are small scale in their attributes...

By: Prysthon et al.

Unlocking legal and policy frameworks for small-scale fisheries in Brazil

…artisanal fisheries are practiced directly by professional fishermen, autonomously or in a family economy regime... through hand gathering, being able to use small vessels...

By: Bigeyo Neke Kuboja

Unlocking legal and policy frameworks for small-scale fisheries in Tanzania

…Artisanal fisheries - the categories of fisheries that are of small scale and not commercially orientated, using relatively small amount of capital and in which fishers have usually a traditional involvement with fishing...

By: Li et al.

Unlocking legal and policy frameworks for small-scale fisheries in Japan

...when considering SSF as “coastal fishery”, these fisheries are defined as... fishery excluding the
fishery operated using a powered fishing boat with a total tonnage of 20 tons or more and the fishery
in inland waters"...

By: Akintola et al.

Unlocking legal and policy frameworks for small-scale fisheries in Nigeria

…Enforcement agencies disproportionately target fisherfolk... and corruption is widespread, whereas, the well organized, well-financed, industrial poaching operations from neighbouring countries are largely left unaddressed....

By: El Halimi et al.

Unlocking legal and policy frameworks for small-scale fisheries in Morocco

...Small-scale fishing is that which is usually carried out at a distance of less than thirty miles from the
coast by vessels of fifty gross tonnage or less...