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3. FISHERIES CO-MANAGEMENT AND LEGAL REQUIREMENTS This part of the Report defines the concept of co-management in fisheries and provides the
necessary legal requirements for its implementation in practice. The discussion is intended to provide the theoretical foundation for the analysis in the rest of the Report.
3.1 Concept of Co-management in Fisheries
Co-management, also referred to variously as participatory management or collaborative management, is an “approach to management in which the government shares certain
authority, responsibilities and functions of managing the fisheries with resource users as partners.”
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Such participatory arrangements have varying degrees of intervention by the government and may include delegation or transfer of some management responsibility to
resource users with technical advice or assistance from the government. The form of partnership will depend on the desired long-term fisheries management objectives to be
achieved, but these objectives must be clearly established at the outset.
The imperative for fisheries co-management arises from the lack of capacity in fisheries agencies to successfully regulate what goes on in widely dispersed fishing grounds under
their jurisdiction. Indeed, “the delegation of fisheries management and allocation of decisions to the local level may be more effective than the management efforts which distant, under-
staffed and under-funded national government fisheries agencies can provide”.
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Some of the recognised benefits of co-management arrangements in fisheries include:
• greater reliability and accuracy of data and information; • more suitable and effective regulations;
• enhanced acceptability of and compliance with management measures; • reduction in enforcement costs;
• reduction in conflicts; and • strengthening of commitment to and participation by stakeholders.
3.2 Underlying Policy Framework
The starting point for the development of a legal framework for fisheries co-management arrangements is a national policy framework. The national policy framework provides the
basis for legislative proposals and development and subsequent institutional development.
The national policy framework should clarify responsible local institutions and delegation of management functionsresponsibilities to the local levels. It is also important the policy is
coupled with appropriate awareness building activities to ensure understanding among stakeholders concerned and facilitate the implementation of the co-management framework.
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3.3 Creating Legal Space
