Legal and Institutional Framework for Effective Management of Marine Managed Areas in Tanzania

Background: The Swahili people in Zanzibar have traditionally depended heavily on sailing and fishing in the waters of the Indian Ocean for livelihood. Zanzibar’s marine and coastal environments are comprised of an interconnected variety of complex ecosystems. These ecosystems have supported and shaped the local culture, economy and social well-being of coastal Zanzibaris. The healthy functioning and continuous provision of goods and services by Zanzibar’s marine ecosystems rely on the wise management and protection of its essential habitats and resources. A few key actions are required to ensure that the direct and indirect benefits provided by the ocean are maintained into the future. Perhaps one of the most critical needs is to strengthen the legal and institutional framework for sustainable management and protection of marine and coastal resources and to ensure effective implementation of the laws and regulations.

Objectives: The aim of this task was to study the legal and institutional framework and make recommendations for effective management of marine managed areas in Tanzania. This report has as a point of departure, a synthesis report on options for a national system of MMA networks for the United Republic of Tanzania, as well as a report on the legal and institutional framework for MMA management in mainland Tanzania.

Findings: The review revealed that coastal and marine resources in Zanzibar are under increasing threats due to ever increasing numbers of resource users with competing interests. A number of policy, legal and regulatory tools exist to support marine conservation in Zanzibar. The primary legal tool for managing the MMAs in Zanzibar is currently the Fisheries Act of 2010, which provides for the establishment of the Marine Conservation Unit (MCU) under the Department of Fisheries Development in the Ministry of Livestock and Fisheries. The Fisheries Act will be operationalized through the finalization and adoption of the draft MCU Regulations. The MCU is a relatively young institution and as such, is still in the process of strengthening its institutional core and management capability. Zanzibar has increased the area of the territorial seas under formal protection substantially over recent years. A great deal more resources, capacity development and skilled staffing are required for the MCU to be able to fulfil its stated mandate and responsibilities as a conservation coordination unit for all marine managed areas in Zanzibar. The draft framework Environmental legislation - the Environmental Management for Sustainable Development Act, provides a useful framework for establishment of a system of MMA network in Tanzania. Some of the key challenges to the effectiveness of implementing and enforcing legal and regulatory framework include operational challenges and a trend towards centralization of decision-making. The institutional framework for MMAs in Zanzibar is both multi-sectoral and multi-scaled across the central government and local government authorities.

Conclusions: The research undertaken to inform the development of this report has revealed that a great deal of progress has been achieved by Zanzibar over the last decade in strengthening the framework for marine and coastal conservation. A good trajectory has iv been laid towards the establishment of significant areas of protection and in putting in place the institutional and legal building blocks for improved governance of the marine ecosystems and resources. That said, a concerted effort will be needed by the government to ensure that the MCAs do not simply remain paper parks and that the ever-increasing range and number of threats from growing numbers of resource users, inappropriate coastal development, climate variability and change to name a few. It will be critical to ensure finalization and proper implementation of the GMPs for the existing MCAs as well as development of additional GMPs for the proposed MCAs. In particular, rollout of the zoning schemes in each of the MCAs will go a long way towards achieving some of the management priorities contained in the plans and yielding valuable benefits to resource users over time.