Management Plans and

Strategies for Aquatic

Resources

By
Kobingi Nyakeya
(NRM/PGFI/03/10)

April 2011
 Introduction
• Increased human population coupled with
search for food security to feed the ever rising
populace has led to damning pressure on our
aquatic resources

• The increased pressure on these resources has

led to unimaginable magnitude of degradation

• Hence, a great concern by man on this trend,

which has called for quick plans and strategies
on the management of this valuable resources.
• To overcome degradation problems of the
aquatic resources man has come up with
guidelines and/or policies for the
sustainable exploitation of the aquatic
resources

• These action plans have been put in place

world-over; some putting more emphasis
in given countries and regions whereas
others try to ensure that member countries
in a given treaty do comply with the laid
down procedures on the sustainable
management of aquatic resources
• In order to get a glimpse on how this has been done,
the following offers a list of international, regional and
national conventions/treaties/action plans and/or
guidelines towards the management plans and
strategies of aquatic resources:

• Ramsar Convention

• World heritage convention

• Convention on biological diversity

• International convention on the prevention of pollution

from ships

• Convention on the international trade in endangered

species – CITES; Washington, 1973
• Montreal protocol on substances that deplete the
ozone layer

• Convention on the conservation of the Antarctic

marine living resources

• And regionally we have the Integrated Water

Resource Management Policy (IWRMP)

• United Nations Convention to Combat Desertification

(UNCCD)

• Integrated Water Resource Management (IWRM)

• Co-management
• Environmental Management and Coordination
Act, 1999 (EMCA)

• National Environment Management

Authority (NEMA)
• However, for the purposes of this presentation I am
going to embark on the following:

• United Nations Convention to Combat Desertification

(UNCCD) –case study 1

• Co-management as applied in Mekong River–case

study 2

• Environmental Management and Coordination Act,

1999 (EMCA)

• National Environment Management Authority

(NEMA
 Co-management (General Overview)
• “Co-management" can be defined as, "the
collaborative and participatory process of regulatory
decision-making among representatives of user-
groups, government agencies and research institutes

• In terms of fisheries for example, co-management has

been heralded as a tool for doing away with the
distant, impersonal and insensitive bureaucratic
approaches to management, which have dominated
aquatic resource management systems in recent
history.
• Co-management supports the decentralization of
management responsibilities to resource user
groups, providing them with a certain level of
autonomy within an overall institutional and
government accepted framework

• It provides opportunities for developing

cooperative and interactive governance through
the direct participation of users in decision-
making processes involving natural resources,
or through user representation at levels that
transcend community boundaries
Mekong Co-management Plans
• This is s a study done by Ian G. Baird (1999)
Introduction to the Study Area
• The study area is: Siphandone Wetlands and Khong
District

• Khong is the southern-most district in Champasak

Province, Lao PDR, bordering Cambodia to the south

• It covers most of the area commonly known as

"Siphandone", or the "four thousand islands".

• In this stretch of the Mekong River the waterway

widens and diverges into a complex hydrological
system of perennial and seasonal islands, channels
and wetland forests.
 The People of Khong District
• Eighty-four of the 136 villages in Khong are situated
on islands in the middle of the mainstream Mekong
River.

• Most of the remaining 52 communities are located

along the west bank of the Mekong River.

• People in Khong District have traditionally relied

heavily on the aquatic wealth of the Mekong River and
her tributaries to supply them with food, and fish has
long been the most important source of animal protein
in the diet of Khong residents
• Approximately 94% of the families in Khong
participated in wild-capture fisheries for food in 1996,
and 56% generated income from selling wild-caught
fish.

• Approximately 78% of the animal protein consumed

annually consist of fish products.

• The average annual catch for a family was about 355

kg, of which 249 kg is consumed

• Families generated a mean annual income from

selling fish of the equivalent of US$ 100 per year
 Aquatic Resources in Khong District
• The mainstream Mekong River runs approximately
4,200 km from its origin in Tibet, is the 12th longest
river in the world, and is the sixth largest in terms of
total annual discharge.

• It passes through southern China, a small part of

Burma, Laos, Thailand, Cambodia and finally southern
Vietnam before converging with the South China Sea

• The Mekong River basin supports one of the most

diverse fish faunas in the world, and certainly the most
varied in Asia. Probably about 1,200 species of fish
occur in Mekong River basin, including brackish water
areas, although many have not been taxonomically
described or are unknown to science
 The Aquatic Resources Co-Management
Programme in Khong District
• The Lao Community Fisheries and Dolphin
Protection Project (LCFDPP) was
established as a small, NGO supported,
government project in Khong District in
January 1993.

• Between December 1993 and June 1997

a total of 59 villages requested and
received assistance in devising their own
unique sets of co-management regulations
• In July 1997 the Environment Protection and
Community Development in Siphandone
Wetland Project (EPCDSWP) took over the
responsibilities of the LCFDPP.

• Between July 1997 and August 1998 an

additional four villages established co-
management plans and associated regulations,
bringing the total to 63 villages with functioning
co-management systems for stewarding natural
aquatic resources
 Aquatic Resources Management and
Resource Tenure in Khong District
• One of the keys to successfully
implementing any aquatic resources co-
management programme is understanding
natural processes, and how they affect
important natural resources.

• Apart from the resources, it is also

important to understand the history of
resource-use and management in the
region of interest.
 Traditional Aquatic Resource Management
and Resource Tenure in Khong District
• Up until the 1950s and early 1960s fisheries practices
in Khong were largely traditional.

• Fishing was conducted almost entirely for subsistence

purposes, with the exception of a small amount of
barter trade for certain high quality preserved fish like
"som pa eun" and "pa chao"

• The human population of Khong was significantly

lower than it is now, and virtually all types of fishing
gears were small-scale and made of local materials.

• As a result, fish and other aquatic animals were

extremely abundant.
• The inland fisheries of Khong District have long
been identified and managed as commons
resources.
• The people of Khong have traditionally recognized
access to fisheries and other aquatic resources as
a fundamental right, but it would be a mistake to
characterize the fisheries as entirely “ open
access”.
• Most of the limits on fishing and other aquatic
resource harvesting activities historically imposed
by people in Khong were related to reducing
personal or societal risk from dangerous spirits
("phi") or creatures like crocodiles ("khe"), large
sting-rays ("pa fa lai") or even serpents ("gneuak").
 Changes in Traditional Aquatic Resource
Management and Resource Tenure in Khong
District
• Over the last few decades there have been many
changes in aquatic resource management patterns
in Khong District, and Laos as a whole

• The human population of Khong has increased

rapidly

• Lines and nets made of nylon, including mono and

multi-filament gillnets, have become extremely
common
• In fact, gillnets are now the most important type
of fishing gear in Khong. Approximately 71% of
the families in Khong owned at least one nylon
gillnet in 1996

• Nylon cast nets were also owned by 67% of

families

• Nets made of natural fibers are no longer in

use anywhere in Khong
• The rapid increase in the use of motorized
boats over the last decade has significantly
increased the mobility of both fishers and fish
traders, and has resulted in the increased need
to generate cash income in order to cover
engine, fuel and maintenance costs

• Transportation links between Khong and the

commercial centre of Pakse have also changed
• The fisheries management situation in
Khong District was in great flux in the early
1990s when co-management organizing
began

• Changes were occurring rapidly, and while

most villagers were becoming aware of the
over harvesting problems facing their
fisheries, only limited action had been taken
to reverse the perceived downward trend in
aquatic animal populations
 The Co-Management Regulations
• Between December 1993 and August
1998 63 villages in Khong District
established regulations designed to
conserve and sustainably manage aquatic
resources
 Fish Conservation Zones
•The establishment of Fish Conservation Zones
(FCZs) in parts of the mainstream Mekong River
have been the most significant co-management
initiatives as far as villagers and local government
officials in Khong are concerned.

• FCZs are basically year round or part year "no-

fishing zones"

• Between December 1993 and August 1998 60

villages established a total of 68 FCZs. All are in
operation today
 Bans on Stream Blocking
• One of the most popular regulations adopted by
the vast majority of villages in Khong relates to
the blocking of small seasonal tributaries of the
Mekong River at the beginning of the rainy
season ("tan houay tan hong").

• Every year in June or July small streams and

channels come to life with the arrival of
torrential rains, and many fish species migrate
up the streams and enter inundated wetlands
and rice paddy fields to spawn
Bans on Water Banging Fishing
• Another regulation that is commonly
adopted by villages in Khong relates to the
use of 2.5 and 2.8 cm meshed mono-
filament gillnets ("mong soi") to catch
small cyprinids in the dry season, including
the ubiquitous species, Henicorynchus
lobatus ("pa soi houa lem").
 Bans on Spear Fishing with Lights
• The dry season use of single and triple pronged
spears ("lem") and powerful battery operated lights
("mo fai") to locate and stab fish at night in the
Mekong River is another heavily criticized fishing
method in Khong District.
• Reason given was that, only a very small percentage
of villagers use the method, and older people almost
never fish in this way.
• Secondly, some people believe the method is too
effective in catching large fish that move into shallow
waters during the night. Villagers believe the problem
is especially significant for species which spawn in the
dry season, such as Chitala blanci ("pa tong kai") and
Channa marulius
• ("pa kouan").
 Juvenile Fish Conservation
• Many villagers are now well aware that the
harvesting of juvenile snakeheads is wasteful
because whole schools are easily caught
when they are very young.

• However, once juvenile snakeheads have

dispersed and are no longer travelling in
schools, villages are allowed to catch them
using hooks and lines ("pet pak"), castnets
("he") and other locally accepted fishing gears
 Frog Conservation and Sustainable
Management
• As fish stocks have declined and human populations
have increased, more people in Khong have begun to
make frogs a part of their diet

• There is also increased demand for frogs in local and

distant markets in Pakse and even Thailand

• Some villagers favor allowing frog harvesting for

subsistence food supply, and banning the selling of
frogs year round
• Others advocate regulating frog harvesting and
allowing the selling of frogs during certain seasons

• Generally, villagers believe that the most destructive

time of the year to harvest frogs is during their
spawning season, which is triggered by the first big
rains of the monsoon season

• During the frog spawning season, which generally

lasts about a week, the amphibians are very
vulnerable to capture because they leave their hiding
holes and croak loudly

• If they are caught before they are able to spawn,

reproduction potential for the species is obviously
reduced. Therefore, harvesting is often banned during
this period.
• Many villages also ban dry season night light
frog catching along the edge of the Mekong
River

• During that season rice fields have dried up and

most frogs have retreated to the banks of the
river

• Many villages ban certain frog catching gears

such as frog basket traps ("say kop") and frog
hooks and lines ("bet kop"), because these
gears are often used to intensively catch frogs
• Apart from wanting to conserve frogs in order to
have an easily accessible source of food and
income in times of need, villagers commonly
express their desire to have frogs in their rice
fields to help regulate insect and crab
populations

• When there are no frogs, damage caused to

crops by crabs and insect pests is believed to
increase

• Therefore, frog harvest zoning by villagers is

often based on the particular objective of
protecting frogs in rice paddy fields.
 Management of Aquatic Animal
Harvesting in Rice Paddy Fields
• Many villages specify that harvesters are not
allowed to enter other villagers' rice paddy
fields until they have received permission from
the owners of the fields

• The harvesting of frogs and fish in common

areas outside of family owned rice fields is
generally not restricted, and frog and fish
harvesting in fields is not restricted after rice
harvesting, unless other frog harvesting
restrictions have been adopted by the village
 Fishing in Other Village Aquatic
Resource Management Areas
• Villagers are generally allowed to fish in the resource
management territories of other villages

• In fact, most lowland Lao people believe that fishing

areas should be open to all Lao people, but also most
villagers also believe that outsiders should be
restricted to the scale and types of fishing activities
that they are allowed to participate in when visiting
other villages

• It is also true that villagers living close by are seen to

have more resource-use rights in the host community
than those from far away
• Kinship links and social status also influence
how resource extraction by outsiders is viewed

• Visitors are supposed to follow the

management regulations established by host
villages

• Visitors are also required to harvest aquatic

animals in a manner that is in keeping with host
village practices and are also supposed to
report their arrival and departure from host
villages
• Guests are also generally not allowed to spend
many days in host village areas if they are
fishing for commercial purposes

• It is common to allow guests to catch enough

fish to fill two or three jars of fish paste ("pa
dek"), which is considered to be a subsistence
right of all Lao people

• If more is caught questions may be asked.

 Pond Management Regulations
• Sometimes ponds near Buddhist temples are protected
by monks who encourage villagers to rescue fish from
them and return them alive to the Mekong River before
the ponds completely dry e.g.. at Ban Don Det Tavan
Oke

• There is also, greater private ownership of ponds in

which other villagers are never allowed to harvest
aquatic animals

• This is probably largely related to the trend in increased

social and economic stratification, and related changes
in marketing and consumption patterns

• It may also be associated with land and resource

pressures.
 Bans on Explosives, Chemical and
Electricity Fishing
• Many Lao villagers are extremely critical of
these fishing practices and believe that they
have greatly contributed to declines in fish
stocks

• Therefore, a number of villages in Khong have

reaffirmed their desire to ensure that these
destructive methods are totally banned by
including a clause in their management
regulations reinforcing the government ban on
their use
 Miscellaneous Regulations
• Limiting of bamboo shoots harvesting for sale in Ban
Senhom, the creation of a seasonally protected man-
made pond in Ban Khinak, the limiting of the number of
gillnets that can be used per family per day in Ban Tha
Kham

• The banning of flooded forest tree cutting on sand islands

near Ban Don Det Tavan Tok

• Adoption of regulations designed to protect riverine

forests, which they recognize as being important aquatic
habitat
Implementation of Aquatic Resource Co-
Management Systems
• It is generally up to the village headmen to
organize regulation implementation

• Most communities rely on a mixed strategy that

includes enforcement of regulations and
awareness raising

• On the one hand, villagers are generally critical

of village leaders whom they believe have not
been stringent enough enforcing regulations
 Punishment for Regulation Violators
• The Khong District recommended system for
punishing regulation violators requires that first time
violators receive a warning at the sub-village level

• Second time violators receive a warning at the village

level and also sign a document in which they agree
not to break the regulations again

• Third time violators are to be fined 5,000 kip and/or

have their fishing gear confiscated

• Fourth time violators should be sent to the district so

that legal charges can be laid against them
 Monitoring and Evaluation
• Monitoring and evaluation are important aspects of
any natural resource management programme

• This has included assessing increases in aquatic

animal stocks in cooperation with villages, and
evaluating whether regulations have been effectively,
equitably and fairly enforced

• Khong District officials also play an important role in

these monitoring and evaluation activities
 Promoting the Conservation and
Sustainable Use of Natural Resources
• It is useful if natural resource co-management
programmes are complimented by non-formal
education activities at the village and the local
government levels

• A number of calendars, posters, cartoon books,

handbooks, brochures and videos promoting
the conservation and sustainable use of natural
resources have been produced and distributed
in Khong over the years
 Discussion
• The ability of villagers to effectively use and adapt
“Traditional Ecological Knowledge” (TEK) has been
one of the main reasons communities in Khong have
been relatively successful with managing aquatic
resources

• While community initiated fisheries management in the

Mekong River in southern Laos and the Amazon River
in Brazil emphasize restricting fishing effort during the
low water season, when fish are most concentrated
and vulnerable, government legislation in Brazil, Laos
and Cambodia focuses on implementing seasonal
closures during the spawning season, despite the
natural protection afforded to fish by flooding
• The willingness and ability of villagers to adjust
resource management strategies to meet local
conditions has also been a critical reason why the
aquatic resource co-management programme in
Khong has been a success in the eyes of villagers

• Having the freedom and ability to be flexible with

regards to management approaches is one of the
biggest advantages of decentralized management
systems

• Certainly experiences in Khong have shown that it is

at least as critical to understand kinship, religious,
linguistic, social, economic, political and cultural
factors that affect natural resource management
practices than it is to understand biological and
ecological processes
• Management requires an inter disciplinary and
integrated approach

• Because villagers generally have an integrated

and holistic way of viewing nature, they have a
lot of natural potential to come up with good
management ideas, provided they are given the
support and encouragement they need

• It is now generally recognized that centralized

management systems for natural resources,
including fisheries, have failed more often than
they have succeeded
 Conclusion
• Experience in Khong has illustrated that common
property regimes do not always just break down when
faced with crisis

• In the case of Khong, many villages have responded

by strengthening their management systems to ensure
that aquatic resources are managed more sustainably

• People have recognized that collective organizing is

necessary to address increasingly important issues
regarding the management of natural resources
• It is clear that the aquatic resource co-
management programme in Khong has largely
been successful in improving management
strategies and practices related to aquatic
animal harvesting

• The main successes, as viewed by Khong

District and villagers, have been:

 Increased village solidarity,

 Increased natural resource management
capacity at the government and village levels,
 Observed and/or perceived increases in fish
and frog stocks and catches
 United Nations Convention to
Combat Desertification (UNCCD)
• This case study focuses on a UNCCD
Draft Water Policy Advocacy Framework
for:
Securing water resources in water
scarce ecosystems in the face of
desertification, land degradation
and drought (DLDD)
imperatives.
 Introduction
• Desertification, land degradation and drought
are exacerbating the global water crisis and the
world supply of freshwater cannot be increased

• Falling water tables are widespread, resulting in

serious water shortages and salt intrusion in
coastal areas

• Contamination of drinking water and nitrate and

heavy metal pollution of rivers, lakes and
reservoirs are common problems throughout
the world
• Water security, like food security, is
becoming a major national and
regional priority
in many areas of
the world
• Governments in affected countries that are Parties to
the UNCCD have water policies in place, however
special attention needs to be paid to the impacts of
DLDD imperatives on the availability, accessibility and
management of water resources in light of:
 Potential future global water crisis associated with
climate change
 Current and emerging challenges; poverty eradication,
food insecurity, etc. as they relate to the millennium
development goals (MDGs),
 The Ten Year Strategic Plan (10YSP)’s strategic
objective on: Improving the livelihoods of the
populations of the drylands (water scarce ecosystems)
 What is its goal?
• The fundamental goal of the UNCCD Water
Policy Advocacy Framework is to ensure that
the water policies of country Parties
experiencing the effects of DLDD
imperatives make specific provisions
for the water needs of the affected
populations by 2018 given that
water is a finite and vulnerable
resource and it is essential to
the viability of all the
world’s ecosystems
• The UNCCD water policy is meant to assist countries
to respond to water challenges through addressing a
broad array of laws, regulations and programmes that
are intended to support, fund and regulate water
resources availability for human and animal
consumption, industrial, agricultural and environmental
purposes among others

• This water policy document aims to provide a

framework for the UNCCD Secretariat to advocate to
countries’ policy makers to develop water resources
management policies at country level
• It is envisaged that, the UNCCD water policy,
through advocating a participatory approach in
meeting the challenges of water conservation
and protection, sets of decisions will be
made ultimately by the highest political
level in affected countries through a
bottom-up process of dialogue and
consultation, that would determine
what and how things will be done in
water resources management in
the face of desertification, land
degradation and drought
issues
Rationale for a Policy to Secure water
resources in water scarce ecosystems
• DLDD is a global problem affecting more than
2 billion people in more than 100 countries with
direct and negative consequences on water
resources and costing the world economies
more than 40 billion dollars a year

• Developing water resources enhances social

relations and implies improving the livelihoods
of the drylands population as called for in the
Ten Year Strategic Plan (10YSP)
 Principles of the UNCCD water
policy advocacy framework
• UNCCD will place particular emphasis on sustainable
management of water as a limited natural resource
• Given that the relationship between drought, land
degradation, desertification and water, food and
national security play an increasing role in
international relations, the tenets of the UNCCD water
policy will assist countries to review their national
water policies to enable them to address emerging
issues related to DLDD imperatives.
• The reviewed policies will be required to ensure
compatibility with national and international obligations
to enhance water security
The UNCCD water policy advocacy framework
principles shall be based on the understanding
that:-
 Water and land resources will be managed at the
community levels

 Fresh water is a finite and vulnerable resource that is

essential to sustain life, development and the
environment. Effective management should link land
and water uses on an integrated catchment basis

 Water management and development should be

based on a bottom-up participatory approach,
involving users, planners and policy makers at all
levels, and decisions should be made at the lowest
appropriate level
 Women play a central role in the provision,
management and safeguarding of water
which should be reflected in effective
participation at all levels

 Water has an economic value in all its

competing uses and should be recognised
as an economic good

 Political will is required for effective policy

implementation
 Policy development should be linked to
institutional reform, capacity building and the
creation of an enabling legal environment

 In order to increase the prospects for water and

national security, special emphasis should be
given to conflict prevention and resolution
 Water supply
• The goal is to ensure that countries have
improved policies in place to meet the water
supply needs of their citizens, businesses and
environmental systems by 2018

• Countries will be encouraged to institute

policies that recognize the need for issuing
water supply withdrawal permits as core
component of water management and supply
so that water supply decisions can take into
account water quantity and water quality issues
simultaneously
The UNCCD policy on water supply will further
consider the following main points:

• The need for equitable access to clean and

safe water by all

• The importance of clarifying the roles and

responsibilities of different spheres of
government, such as the central government,
provincial or state governments and local or
municipal governments, in water supply
• The necessity to recognize the role of local
communities in construction, ownership,
management, administration, operation
and maintenance of water supplies

• The obligation to enhance the role of

women in all aspects of water supply

• The requirement to improve sanitation,

foster hygiene and health education to
increase the beneficial impact of water
supplies
 Water quality
• The goal is to support countries to improve the quality
and access to safe water and sustaining aquatic
ecosystems through putting in place appropriate
policies by 2018

• In view of the above goal, The UNCCD will thus:

 Support countries policies that improve and tighten

water quality standards through developing and
adopting regulations that respect high quality of water
for domestic, agricultural and economic consumption
 Promote complementary actions to guarantee the
quality of water, and consequently, enhance human,
plant and animal life, socio-economic development
and the presence of healthy aquatic ecosystems

 Encourage countries to develop and establish

mechanisms for controlling waste discharges, water
quality management, and policy enforcement

 Promote mechanisms that include both incentives and

deterrents to ensure water quality standards are
upheld - such measures, as the precautionary
principle, the "polluter pays principle" and the setting
of receiving water quality standards will be advanced
for consideration
 Attend to policies related to catchment
management in order to control factors
such as sedimentation and diffuse
pollution

 Promote inter-sectoral interactions to

review the impact of sectoral policies on
water quality such as the effects of
agricultural inputs and industrial
development on water quality
 Access to water resources
• The goal is to ensure that countries have in place
policies that enhance access to water by 2018

• In view of the above goal, The UNCCD will thus

promote:

 The development of water access and utilization

policies that take account of demographic and social
trends whilst ensuring the achievement of objectives
such as water, food and national security
 Linking such policies to methods of controlling
the utilization of water resources that suit the
circumstances in terms of administrative
capacity, enforcement ability and institutional
sustainability of the authorities involved - this is
particularly important in situations of scarcity
(when demand exceeds supply) or when there is
competition between users

• Policies that bestow equity to all sectors

including domestic supplies and stock watering,
agriculture (both irrigated and dry land activities),
forestry, industry, municipal usage, power
generation, mining, tourism and leisure
 Water and the environment

• Thus, the goal is to assist countries develop

and adopt policies focusing on achieving
equitable access to adequate water supplies,
while at the same time protecting and
preserving supplies and maintaining
environmental security by 2018
 Water economics
• The goal is to ensure that countries
develop and adopt policies that accord
water its proper economic value and
enable the water economies of the
countries to be integrated with the broader
national economies seamlessly and
transparently by 2018
Water resources development

• The goal is to promote the elaboration and

adoption by 2018 in all countries of
policies that enhance that guide the
development of water resources
 Water resources information
management and monitoring

• The goal is to enable countries to develop

and adopt policies that facilitate the
building of a wealthy and diverse system
of data, information, knowledge and
expertise relating directly or indirectly to
water and aquatic ecosystems by 2018
 Shared water systems and
potential conflicts management

• The goal is to encourage countries to

develop and adopt by 2018 relevant
policies that support the forging of
amicable arrangements and agreements
at the relevant levels
 Institutional framework and
governance

• The goal is to encourage countries to

develop and adopt relevant policies that
recognize the need for and establish new
and/or strengthen existing institutional
frameworks of the water sector by 2018
Human resource development

• The goal is to provide enable countries to

formulate and adopt policies on human
resource development that ensure that
skills are established at country level to
carry out necessary water resources and
development and management functions
by 2018
 Research and development

• The goal is to enable countries to develop,

adopt and put in place by 2018 policies
that promote and guide adequate research
and development in support of the water
sector
 Public safety and disaster
management

• The goal is to enable countries to put in

place appropriate policies that ensure
public safety and protection from potential
water related disasters by 2018
 Legislative implications
• The goal is to enable countries to identify
in their policies existing legislation that
may need to be amended, develop new
legislation or regulations that may be
required and adopt a programme for
legislative reform
 Strategic planning and
implementation

• The UNCCD in its advocacy will

emphasizes on the need for countries to
remain consistent in their policies within
the water sector and the need for water
management policies to be consistent with
policies in other sectors
 Management plans and strategies
in Kenya

• As a way of coming up with management

plans and strategies in the management of
aquatic resources in Kenya, various
policies and laws have been formulated
and for this case I am going to highlight
the roles played by EMCA and NEMA in
this context.
Environmental Management and Coordination Act
• The enactment of EMCA, 1999 was to
promote sustainable environmental
management in the country. 
• The Act provides for the harmonization of
about 77 sectoral statutes, which address
aspects of the environment.
• Some sectoral statutes have inadequate
provisions for prosecution of
environmental offenders, while in some
penalties are not sufficiently punitive to
deter offenders.
• EMCA, 1999 provides an institutional framework
and procedures for management of the
environment, including provisions for conflict
resolution.

• Section 3 of EMCA, 1999 states that “Every

person in Kenya is entitled to a clean and
healthy environment and has the duty to
safeguard and enhance the environment.”  The
Act is intended to ensure that our activities do
not compromise the capacity of the resource
base to meet the needs of the present
generation as well as those of future generations
 Management of Wetlands and Wetland
Resources
• This applies to all wetlands in Kenya whether
occurring in private or public land
• Its role is to:
1. Provide for the conservation and sustainable use of
wetlands and their resources in Kenya
2. Promote the integration of sustainable use of
resources in wetlands into the national management
of natural resources for socio-economic development
3. Ensure conservation of the water catchments and the
control of floods
4. Ensure sustainable use of wetlands for ecological and
aesthetic purposes for the common good of all citizens
5. Ensures that EIA and environmental
audits as requires under the Act shall be
mandatory for all activities likely to have
adverse impacts on the wetland
6. Ensures that wetlands are integrated into
the national and local land use plans to
ensure sustainable use and management
of the resources
7. Ensures that obligations under these
regulations shall at all times take into
account the provisions of other statutes
 The Standards Enforcement Review Committee

• Its role is to advise the authority on the wise use,

management and conservation of wetland resources
• Other functions include:
1. Reviewing the implementation guidelines for wetlands
management and making the necessary
recommendations to the authority
2. Reviewing and recommending regulations or
guidelines to be issued by the authority to developers,
occupiers and users
3. Advising the authority on any other issues relating to
conservation and management of wetland resources
 The District Environment
Committee

• Responsible for coordinating, monitoring

and advising on all aspects of wetland
resource management within the district
 Protected Wetlands
• The Minister may, by notice in the gazette,
declare an area to be a protected wetland
where such an area has national and int’l
significance due to its:
1.Biological diversity
2.Ecological importance
3.Landscape
4.Natural heritage
5.Aesthetic value
• Upon declaration of an area to be a
wetland, the following shall be the only
activities permitted to be carried out in the
area:
Research
Ecotourism
Restoration or enhancement of the
wetland
Any other activities identified in the
management plan
 Procedure for declaration of a protected
wetland
• Three steps are involved:
1. Under regulation 8, it may be done by the
Minister i.e.

a. In consultation with relevant lead agency or

b. On the recommendation of the authority on its

own motion or in consultation with the relevant
lead agency, a registered civil society
organization or an individual person.
Where the authority on its own motion or
in consultation with the relevant lead
agency, that initiates the process to a
protected wetlands. The following
requirements have to be fulfilled:
 By notice in the gazette and in at least one
newspaper circulating in the local area,
notify the public of its intention to declare
the area a protected wetland with the
notice identifying and assigning terms of
reference to a task force which shall be
mandated to prepare wetlands
management plan
 To set up a taskforce that shall prepare a
wetland management plan by
incorporating the views of the people
inhabiting the areas in the wetland
 Cause a strategic environmental
assessment of the management plan to be
undertaken in accordance with the act

3. Where the authority is satisfied with the

findings under sub-regulation 2 (d), it shall
submit its recommendations to the
Minister for the gazettement of the wetland
 Inventory of Wetlands
• The authority shall in consultation with the
relevant lead agency prepare and maintain an
inventory of all wetlands in Kenya and shall
show for each wetlands:
1. The location
2. The type of fauna and flora
3. The soil and hydrological characteristics
4. The discharge, volume fluctuations and quality
of water where possible
5. The existing uses
6. Use of the wetland
7. The density of the population in the
wetland catchments, drawing attention
especially to those most depended on it
8. The conservation status
9. The area of the wetland
10. The lands tenure system in the Wetland
catchments
11. Any other factor relevant to the wetland
• The boundaries of such wetlands shall be shown
on all official boundary maps of Kenya
• The authority shall periodically inspect the
wetlands to determine the necessity for revision
or correction of the inventory maintained
• The authority may in consultation with the lead
agency register changes in the boundaries of
wetlands on maps and make any other
necessary changes in the inventory to reflect the
actual situation on the ground
• In preparing the inventory of wetlands, the
Director general shall consult with the
District environment committed with a view
to be involving the public in determining
whether a wetland will be included in the
list of national or international importance
• The authority shall in consultation with the
relevant lead agency publish the inventory
of wetlands after every two years reflecting
the current state of wetlands included in
the inventory
 Permitted use of Wetlands
• Substance harvesting of papyrus, medicinal
plants, trees and reeds
• Any cultivation where the cultivated area is not
likely to adversely affect the wetland
• Hunting subject to the provisions of wildlife
Conservation and management act
• Collection of water for domestic use
• Small-scale fish farming
• Grazing of livestock
 Wetland resource use permit

• Subject to the provision of section 423 of

the act, no person shall carry out any of
the activities stipulated within a permit
issued by the relevant lead agency and an
environmental impact assessment license
issued by the authority where applicable
 Temporary permit
• Temporary permit may be granted to an
individual for the use of the wetlands where:
1. There is need to use water for emergency
situations pending the availability of alternative
sources of supply; or
2. A special research project required the use of
the wetland for a specified period of time
• Temporary permit issued under the regulation
shall be varied for a maximum period of three
months and may be renewed for a further period
of three months upon application by the holder
with reasons to the satisfaction of the Director
general
 Duty of land owners users and occupiers
• Every owner, occupier or user of lands which is
adjacent or contiguous to a wetland shall with
advice from the authority have a duty to prevent
the degradation or destruction of the wetland
ands shall maintain the ecological and other
functions of the wetland

• Any person who fails, neglects or refuses to

protect a wetland under sub-regulation 1
commits an offence
 MANAGEMWENT OF RIVER BANKS, LAKE
SHORES AND SEA SHORE
• This part will involve all river banks, lake shore and sea shores
• The roles under this include:
1. To facilitate sustainable utilization ands conservation of
resources on the river banks, lake shores and on the sea shore
by and for the benefit of the people living in the area
2. Promote the integration of sustainable use of resources in river
banks, lake shores and the sea in the local and national
management of natural resources for social economic
development
3. Enhance education, research and research related activities
4. Prevent siltation of rivers and lakes and control pption or and
other activities likely to degrade the environment
 General Roles of EMCA, 1999
• Coordinating the various environmental
management activities being undertaken by the
lead agencies
• Promote the integration of environmental
considerations into development policies, plans,
programmes and projects, with a view to
ensuring the proper management and rational
utilization of environmental resources, on
sustainable yield basis, for the improvement of
the quality of human life in Kenya.
• To take stock of the natural resources in Kenya
and their utilization and conservation.
• To establish and review land use guidelines
• Examine land use patterns to determine
their impact on the quality and quantity of
natural resources.
• Carry out surveys, which will assist in the
proper management and conservation of
the environment.
• Advise the Government on legislative and
other measures for the management of the
environment or the implementation of
relevant international conventions, treaties
and agreements
• Advise the Government on regional and
international conventions, treaties and
agreements to which Kenya should be a party
and follow up the implementation of such
agreements.
• Undertake and coordinate research,
investigation and surveys, collect, collate and
disseminate information on the findings of such
research, investigations or surveys.
• Mobilize and monitor the use of financial and
human resources for environmental
management.
• Identify projects and programmes for which
environmental audit or environmental monitoring
must be conducted under this Act.
• Initiate and evolve procedures and safeguards for the
prevention of accidents, which may cause
environmental degradation and evolve remedial
measures where accidents occur e.g. floods,
landslides and oil spills.
• Monitor and assess activities, including activities being
carried out by relevant lead agencies, in order to
ensure that the environment is not degraded by such
activities. Management objectives must be adhered to
and adequate early warning on impending
environmental emergencies is given.
• Undertake, in cooperation with relevant lead agencies,
programmes intended to enhance environmental
education and public awareness, about the need for
sound environmental management, as well as for
enlisting public support and encouraging the effort
made by other entities in that regard
National Environment Management
Authority (NEMA)
• The National Environment Management
Authority (NEMA) is a government
parastatal established to exercise general
supervision and co-ordination over all
matters relating to the environment. The
Authority is the principal instrument of
Government in the implementation of all
policies relating to the environment.
Section 9(2) of EMCA details 17 statutory
functions that NEMA shall undertake
• Publish and disseminate manual codes or
guidelines relating to environmental
management and prevention or abatement of
environmental degradation.
• Render advice and technical support, where
possible, to entities engaged in natural
resources management and environmental
protection, so as to enable them to carry out
their responsibilities satisfactorily .
• Prepare and issue an annual report on the State
of Environment in Kenya and in this regard, may
direct any lead agency to prepare and submit to
it a report on the state of the sector of the
environment under the administration of that
lead agency.
 Conclusion
• The management plans and strategies of aquatic
resources entails different guidelines constituted in
many conventions/treaties, laws, policies and
regulations upon which different resource users
are supposed to follow

• There are many such conventions/treaties, laws,

policies and regulations as mentioned in this report

• However, a few have been illustrated i.e.. co-

management, UNCCD, as international examples;
and EMCA, NEMA, as national examples.
THANKS!