BAHIRDAR UNIVERSITY

SCHOOL OF LAW

FISHING AT LAKE TANA: THE LAW AND THE

PRACTICE

Submitted to: Melese Damtie(Assistant Professor)

By: Aschenik Daniel

This Term Paper is done for the partial fulfillment of the course of Environmental Policy and law.

May, 2013

Bahirdar

2

Acknowledgment

Many thanks to the Almighty God the most compassionate and merciful without the will of Him nothing can be done.

I’m glad to express my gratitude to my Instructor Melese Damtie(Assistant Professor) for giving this chance to adopt empirical research since it has its own advantage for ourselves in practicing research.

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Acronym:

AAU-Addis Ababa University

ANRS-Amhara National Regional State

ARARI-Amhara Regional Agricultural Research Institute

Art-Article

BFALRC-Bahir Dar Fisheries and Aquatic Life Research Center

BoA-Bureau of Agriculture

DAs-Development Agencies

EIA-Environmental Impact Assessment

FDRE-Federal Democratic Republic of Ethiopia

FGD-Focus Group Discussion

FPME-Fish Production and Marketing Enterprise

ID-Identity Card

IUCN-International Union for Conservation of Nature

LTFRDP-Lake Tana Fisheries Resource Development Program

No.-Number

P-Page

4

Table of Contents:

Acknowledgment .............................................................................................................................2

Acronym ..........................................................................................................................................3

Table of Contents…. ........................................................................................................................4

CHAPTER ONE:

INTRODUCTION ...........................................................................................................................6

1.1.Background of the study ............................................................................................................6

1.2. Problem of the study .................................................................................................................8

1.3. Objectives of the study..............................................................................................................8

1.4. The Research Questions ............................................................................................................8

1.5. Significance of the study ...........................................................................................................8

1.6. Review of Literature .................................................................................................................9

1.7. Methodology of the Study ........................................................................................................9

1.8. Scope of the Study ..................................................................................................................10

1.9. Overview of Chapters .............................................................................................................10

CHAPTER TWO:

2. SAYINGS OF THE FDRE AND ANRS FISHERY LAWS ....................................................11

2.1. FDRE Fisheries Development and Utilization Proclamation No. 315/2003 .......................11

2.2. ANRS Fisheries Development, Protection and Utilization Proclamation No. 92/2003 ......12

2.3.ANRS the Fisheries Resource Development, Protection and Utilization Proclamation

Enforcement Council of Regional Government Regulation No. 50/2007 ...........................12

2.4. For the enforcement of Proclamation No. 92/2003 and Regulation No. 50/2007 ANRS

Fishery Permission Rendering Initial Draft Directive No.1/2004 .......................................13

2.5. Different Policies and strategies Vis-à-vis Fish Resource Development ............................13

2.6. Measures Taken to Implement and Enforce Existing Laws of Fishery at Lake Tana .........14

CHAPTER THREE:

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3. PRACTICALLY UNDERTAKING FISHING PRACTICES AT LAKE TANA3.1. The Nature of Lake Tana Fisheries and their Organizations ..................................................15

3.2. Legally Institutionalized Fishers’ Cooperatives .....................................................................15

3.3. Compatibility of Fishing Gears with the Standards for Sustainable Utilization of Fish

Resources ................................................................................................................................15

3.4. Roles of Primary Stakeholder Institutions for the Proper Utilization of Fish Resources .......16

CHAPTER FOUR:

4. THE LOOPHOLE BETWEEN THE LAW AND THE PRACTICE IN RELATION TO

FISHERY AT LAKE TANA ....................................................................................................17

4.1.Who is legally granted the Right of Fishing at Lake Tana? ....................................................17

4.2. Fishery laws and Practical Implementation of Fishing ..........................................................17

4.3. Knowhow of the Stakeholder Communities about the Existing Fishery Laws ....................... 17

CHAPTER FIVE:

5. CONCLUSION AND RECOMMENDATIONS ....................................................................19

5.1. Conclusion ..............................................................................................................................19

5.2. Recommendations ....................................................................................................................... 19

BIBLOGRAPHY...........................................................................................................................20

APPENDIX

Format of Administered Questionnaires ........................................................................................22

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1. INTRODUCTION

1.1. Background of the Study

Lake Tana which is the widest lake of Ethiopia and it is beside of Bahir Dar city that is the capital of ANRS. Therefore, Lake Tana is giving so many advantages for the country at the national level. For instance: for fishing, transportation, irrigation, tourism, drinking, for hydroelectric power plantation, etc. So the width of the Lake is estimated to be 3150-3500 km3

and it stretches 3 Zones, 10 woredas and 51 kebeles. Besides, a total of 40 rivers and small water flows are the Lake’s tributaries of which the four main rivers have a share of 93% of the lake’s water. These 4 main river tributaries of Lake Tana are: Gish Abay (Bikolo Abay), Gumara, Rib, and Megech rivers. On the other side, per year 4986 million m3 water enters to the lake and in return 3753 million m3 water flows out from the Lake. Unfortunately, 10 million m3 sediments enter into the Lake per annum and 95% of these sediments remain in the Lake annually.1

Fishing in Lake Tana had begun around 18th century by the “Negede-Woyito” community and then by the other poor or marginalized members of the society adapted the activity of fishing. As such the Lake Tana Fisheries Resource Development Program (LTFRDP) was initiated by the Interchurch Foundation for Ethiopia in collaboration with the Ethiopian Orthodox Church and the Ministry of Agriculture in the year 1986. The aim of the program was for the support of poor fishers in the vicinity of Bahir Dar Gulf area and nearby islands by introducing technological gears and motorized boats.2 Hence, although fishing practices at Lake Tana was started before a long period of time till now fishery production is at its infancy stage since everyone has open access to the Lake whether for fishery or whatever activity s/he does even though there are the Federal and the ANRS regional fishery laws.

The LTFRDP created new opportunities for the fishers by extending their fishing area from the shore to deeper, offshore waters and more importantly to distant river mouths. Therefore, with the increase in productivity, fish processing, marketing and net making activities used as job opportunities for the surrounding communities.3 As a result of these activities fishing mechanisms show improvements from traditional and archaic to semi-modern and modern type of fishing.

Our Country Ethiopia, especially the Amhara region has a rich diversity of fish fauna in its lakes, rivers and reservoirs, although they are poorly known. In addition, fishing is an age-old practice in these waters; and Lake Tana and its tributaries account for about half of the total water area of 1 Chalachew Aragaw, Fish resource development and protection expert, ANRS Animals resource development

Promotion Agency, Lake Tana fisheries management strategic plan, 2004 E.C., P. 9 (Translation by the

author)[herein after referred to as: Chalachew Aragaw Lake Tana fisheries management strategic plan]

2 Abebe Getahun(PhD) and Eshete Dejen(PhD), Fishes of Lake Tana A Guide Book, Addis Ababa

University Press, Addis Ababa, 2012, P. 27. [herein after referred to as: Dr Abebe & Dr Eshete, Fishes of Lake

Tana] 3 Ibid.

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the country. The ‘large’ Barbs migrate upstream to spawn during the main rainy season. However Fishermen catch migrating fish using traditional fishing techniques. One of the techniques that have been exercised for ages is poisoning the fish with powders of Birbira. (Birbira is an indigenous tree in Ethiopia and, among other uses; it is commonly used as a fish toxicant for the purpose of fishing).4 Suchlike, to minimize and avoid illegal fishing activities which are occurring in Lake Tana it is fascinating to put into practical situation fishery laws of the Region and the Country as soon as possible to sustain fish species of the Lake.

Moreover, animal protein is the most deficient nutrient in human diet. One of the traditional sources of animal protein of the developing world is through livestock rearing. Unfortunately, the livestock resource is under increasing pressure from the combined effects of human population growth, shortage of grazing land and expanding desertification. Currently, the traditional style of cattle ranching is rather becoming a major threat to the environment, causing irreversible damage on ecological structures and bio-diversity. Hence, the question now is to look for a better alternative source of animal protein that is environmentally friendly. The ways in which government or other institutions intervene to the alternative source of animal protein is fish farming and effective and sustainable utilization of existing potential fish resource.5 Pertaining to this, it is crucial to feed fish flesh for the increasing population by using legal fishing mechanisms for the sustainable utilization of the resource.

Moreover, there are 28 fish species in Lake Tana out of which 21 are endemic to the country. Some of the 28 species recorded from Lake Tana are also found in the rivers.6 Thus for the proper utilization of these abundant resources it is crucial to implement the legislated fishery laws of the Region as well as the country.

The ANRS has the potential of fish production 255,000 quintal per year and from this potential only from Lake Tana it is possible to produce 150,000 quintal per year.7 From this we deduce that as we can protect the fish fauna vis-à-vis fishery laws we can attain fish resources sustainably. An estimated human population of two million resides on the islands and around Lake Tana. Historical accounts show that the indigenous people who lived around the lake belong to the ethnic minority Negada-Weyito. Fish used to be the main food source for this and other poor communities living on the islands and areas surrounding the lake. The lake fishery has employed 4 Abebe Ameha Mengistu, the Effect of Birbira, Milletia Ferruginea (Hochst.) Baker on Some Barbus Spp.

(Cyprinidae, Teleostei) In Gumara River (Lake Tana), Ethiopia, MSC thesis, Addis Ababa University, Department

of Biology, School of Graduate Studies, 2004, (Unpublished, available at AAU School of Graduate Studies), P.

1[herein after referred to as: Abebe Ameha, The effect of Birbira Baker on some Barbus in Gumara river(Lake

Tana)]. 5 Tadesse Beyene, Analysis of factors determining potential Fish Resource Utilization in Lake Tana, Ethiopia,

MSc thesis, Haramaya University, College of Agriculture, Department of Agricultural Economics, School

of Graduate Studies, 2007, (Unpublished, available at Haramaya University, School of Graduate

Studies), P. 1, [herein after referred to as: Tadesse Beyene, Fish resource utilization in Lake Tana]. 6 Dr Abebe & Dr Eshete, Fishes of Lake Tana, P. 15.

7 Chalachew Aragaw Lake Tana fisheries management strategic plan, P. 8.

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more than 3,000 individuals who are directly dependent on the major activities of fishing, marketing and processing for their livelihood. It is also providing employment opportunities to women and other landless people, such as ex-soldiers, as well as the fishers.8 Thus, for the protection of all these dependents rights on the Lake it is the real time to proceed on the legitimate fishery laws.

1.2. Problem of the Study

The basic inconsistency of my study is that, even though there are fishery laws at the federal and regional level practically they are not implemented properly and because of this problem potential fish resources are not maintained as it is expected. Besides, hitherto the awareness of the community and concerned organizations in the looking after of fishery laws is at its infancy stage.

1.3. Objectives of the Study

The main objectives of the study are:

♠ To make awareness for the community and concerned organizations the existing fishery laws and for the protection of Lake Tana’s fish fauna;

♠ By applying these pertinent fishery laws vis-à-vis practical fishery practices for the sake of food security in the region and beyond that for the country’s food security it has its own positive impact for sustainable development;

♠ To minimize and avoid illegal fishery tools and fishing mechanisms at Lake Tana and by doing so to be benefited from the resource fairly and equitably;

♠ To implement legal fishing modes those are incorporated in fishery laws.

1.4. The Research Questions

Here, questions which are important for the success of the study are addressed. These are:

♣ How can fishery laws put into practical aspect of fishing?

♣ Do the executive organs of the government and concerned organs have the commitment to implement the existing fishery laws properly?

♣ How can we make public awareness in regard to legal fishing practices for the sustainable usage of fish resources?

♣ What would be the long term solution for fishing in Lake Tana as if the existing fishery laws are not really practical?

1.5. Significance of the Study

This study may have numerous supportive values on fishery laws and the practical aspect of fishing in Lake Tana. For policy makers, it could serve as a shine for analyzing and shaping

8 Alayu Yalew, BFALRC( Bahir Dar Fishery and Aquatic Life Research Center) Director, Fish production

processing and Utilization in the Lake Tana fisheries, Project Report, 2012, P. 2 & 3.

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strategies and legislations of the Region and the country in fishery laws and for the protection of Tana’s fish biodiversity. For other researchers, the study may serve as an input in their studies on the area. In relation to this, governmental or non-governmental organizations working on fisheries may take the study as a supportive element in their undertakings and movements. For the society and the readers at large, the study will create awareness on the nexus of fishery laws and practical fishing practices at Lake Tana.

1.6. Review of Literatures

• Fishes of Lake Tana, A Guide Book:9

This guide book is mainly focus on the fish species and stocks which are found in Lake Tana and feeder rivers of the Lake. Besides, the guide book is the result of aggregate research of 20 years expertise laboratory based findings.

Whereas, the study I addressed shows that the loophole in regard with the existing fishery laws and the practical situation of fishing at Lake Tana.

• Analysis of factors determining potential Fish Resource Utilization in Lake Tana, Ethiopia:10

The empirical result of this study figured out that access to credit was positively and significantly related to the fish

resource utilization. However, the existing credit system focuses on short term credit given mainly for fertilizer,

seed and fattening programs. The provision of medium and long term credit especially from formal sources

directed to the promotion of fishery resource development would, therefore, be a vital step to encourage fishery

resource utilization.

• The Effect of Birbira, Milletia Ferruginea (Hochst.) Baker on Some Barbus Spp.

(Cyprinidae, Teleostei) In Gumara River (Lake Tana):11

This thesis research basically focuses on the effect of Birbira plant which is used as traditional fishing mechanism by intoxicating fishes. Whereas, in return the powder of the plant pollutes the ecosystem of the water and it would have long lasting negative effect.

But my study is different from this one because of the fact that, initially it gives priority for the abidance of fishery laws for the proper protection and utilization of fish resources.

1.7. Methodology of the Study

The study methodology I administered in this study is that, non-documentary qualitative research methodology. Besides, Primary and secondary sources used in this study. From primary sources systematic observation, administering questionnaires and interviews as well as informal FGD are

9 Dr Abebe & Dr Eshete, Fishes of Lake Tana.

10

Tadesse Beyene, Fish resource utilization in Lake Tana. 11

Abebe Ameha, The effect of Birbira Baker on some Barbus in Gumara river(Lake

Tana).

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utilized. On the other side, as secondary sources books, thesis, and different written materials on the issue are utilized.

1.8. Scope of the Study

• Since this study was undertaken within a short period of time it would have its own gap to consider all things in the study;

• Besides, since there aren’t so many researches on the area it was very difficult to consult my study with different materials;

• Nonetheless, since the study focus on empirical or field research it is hardly difficult to assess all things.

1.9. Overview of Chapters

� Chapter one discusses the introductory part and under it, it contains basic research components,

� Chapter two states about sayings of the FDRE and ANRS fishery laws. Hence, it mainly focuses on the status of fishery laws Regionally and at the federal level,

� Chapter three elaborates about practically undertaking fishing practices at Lake Tana. So that, in this part the practical fishing situation is examined,

� Chapter four manifests about the loophole between the law and the practice in relation to fishery at Lake Tana. Hence, this part basically shows the gap between fishery laws and the practical situation of fishing practices,

� The last chapter sets out about the conclusion and recommendation.

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2. SAYINGS OF THE FDRE AND ANRS FISHERY LAWS

2.1. FDRE Fisheries Development and Utilization Proclamation No.

315/2003

The Ethiopian government has ratified fishery legislation with a view to ensure the conservation, development and utilization of fishery resources in the country. Fishery laws seek to ensure the sustainable use of fishery resources in the country. Indeed, it is necessary to establish a fisheries law to enable a sustainable development of the resource and since such law does not exist so far as it is stated in the preamble of the proclamation.

Hence, as proclaimed in the proclamation Fishing means the catching, killing or taking of fish for whatever purpose using any method from any water body.12 From this we can deduce that, by fulfilling the legal requirements of fishing, fishing is possible for subsistence, research purpose, entertainment, trading, etc. Besides, when we consider the main objectives of the proclamation are:

� For the prevention and control of over-exploitation of fish resources, conservation of fish biodiversity and its environment;

� For the attainment of food security by sustainably producing good quality fish products; � For the expansion of aquaculture development.13

Nonetheless, as I can prove in my critical personal observation in the vicinity of Lake Tana there is no situation to consider the charming fishery laws. On the other side the proclamation obliges for any fishers to have a fishing license when the fishing is for commercial purpose.14 But in my empirical observation anyone who wishes fishing for commercial purpose is possible even without fishing license at Lake Tana. Therefore, fishery laws and the practical fishing practices are different and incompatible. Besides, the proclamation asserts that illegal fishing materials are strictly forbidden other than for the purpose of research.15 Whereas, in Lake Tana as I perceived in the administration of my questionnaires whatever the purpose of fishing illegal fishing materials are used as if they were permitted. For instance, Monofilament (which is imported from Sudan through contraband). Even, development programs whether the direct or indirect impact has to assess where the project is designed in the basin of water areas in which fish resources are produced.16 Whereas, EIA in the Lake Tana basin vis-à-vis fishery resources is not practical even though there are situations of EIA. Thus, fisheries inspector has given the ultimate power for the implementation of the proclamation.17 However, practically in the Lake Tana there is no fisheries inspector

12

Fisheries Development and Utilization Proclamation, 2003,Addis Ababa, Federal Negarit Gazette, Proclamation

No. 315, 9th

Year, No. 32, Art. 2(5). [Herein after referred to as: Proclamation No. 315/2003] 13

Proclamation No. 315/2003, Art. 3(1), (2), & (3). 14

Id. Art. 5(1). 15

Id. Art. 5(7). 16

Id. Art. 8. 17

Id. Art. 13.

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formally. Rather, there are committees which are combined from different kebeles those are found in the vicinity of Lake Tana and sometimes they control illegal fishing practices.

2.2. ANRS Fisheries Development, Protection and Utilization

Proclamation No. 92/2003

Basically the Amhara National Regional State fisheries development, protection and utilization proclamation has basic similarity with FDRE Fisheries Development and Utilization Proclamation No. 315/2003. Hence, as to the Amhara fisheries proclamation since the law of utilizing fisheries resources not exist so far in order to properly prevent, develop, transform the resource to the coming generation being given appropriate attention in water bodies where fish potential is available.18 Therefore, even though the purpose of the proclamation was in good manner but practically the proclamation is almost as a dead law.

Besides, the proclamation stipulates that, any person who does not hold a legal fish permit shall not undertake commercial fish from any water bodies.19 Even though the law says but practically the law doesn’t respected as I critically observe through my field research.

2.3. ANRS the Fisheries Resource Development, Protection and

Utilization Proclamation Enforcement Council of Regional Government

Regulation No. 50/2007

When we see the preamble of the regulation it signifies that, a proclamation has been issued with regard to the fisheries’ resource development, protection and utilization to be applicable throughout the regional state.20 As we know regulations are used to enforce the prevailing proclamations and as such even though the region has its own regulation for the enforcement of the proclamation but still the regulation doesn’t enforce it.21

As stated in the regulation, the type and size of the fish to be harvested from the natural and man-made water bodies in the regional state shall not be less than the height and weight of the fish prescribed for production in accordance with a directive issued by the BoA.22 Whereas, even though the Bureau of Agriculture of the region had issued a draft directive which could be used as an enforcing mechanism in the protection of fish resources, but still the directive is not

18

The ANRS Fisheries Development, Protection and Utilization Proclamation, 2003, Bahirdar, ZIKRE-HIG,

Proclamation No. 92, 9th

year, No. 3, preamble part of paragraph 2. [herein after referred to as: The ANRS

Fisheries Development, Protection and Utilization Proclamation No. 92/2003] 19

The ANRS Fisheries Development, Protection and Utilization Proclamation No. 92/2003, Art 5(1). 20

ANRS the Fisheries Resource Development, Protection and Utilization Proclamation Enforcement Council of

Regional Government Regulation, 2007, Bahirdar, ZIKRE-HIG, Regulation No. 50, 12th

year, No. 13, Preamble

part of paragraph 1. [herein after referred to as: ANRS the Fisheries Resource Development, Protection and

Utilization Proclamation Enforcement Council of Regional Government Regulation No. 50/2007] 21

Interview with Ato Chalachew Zeleke, Under BoA ANRS Animals' Resource Dev't Agency Department, Fish

Resource Dev't & Protection Expert, on the protection of fish resources in Lake Tana, March 28, 2013. 22

ANRS the Fisheries Resource Development, Protection and Utilization Proclamation Enforcement Council of

Regional Government Regulation No. 50/2007, Art 3(2).

13

practical. Therefore as to my interview with Ato Chalachew the main gap in the enforcement of the region’s fishery proclamation as well as regulation is that because of the fact that the BoA till now couldn’t enforce its own directive for the protection of fish resources.23

2.4. For the enforcement of Proclamation No. 92/2003 and Regulation

No. 50/2007 ANRS Fishery Permission Rendering Initial Draft Directive

No.1/2004

At the preamble part of the directive it clarifies that, even though the region has tremendous fish resources potential but till now the fishing mechanism, usage of illegal fishing materials, traditional way of fishing are the basic causes which hinder the utilization of fish resources in a proper way. And beyond that some fish species are in the way of disappearing.24 In addition to this, fish products which are accessed to the market are polluted and because of this it is becoming danger for human’s health.25 Hence, anyone who wishes to do fishing practices has the obligation to get fishing license and fishing ID from the perspective Agricultural and rural development offices.26 Thus, it is mandatory to get a license for any fishing as to the directive. But practically anyone who wants fishing at Lake Tana without any fishing license and fishing ID can do fishery.27

2.5. Different Policies and Strategies Vis-à-vis Fish Resource

Development

Ethiopian Water Sector Strategy፡፡፡፡ Under the water resource development part of water sector strategy it clarifies that, enhance development of capture fisheries in existing and future reservoirs and beyond that enhance development of capture fisheries in existing and future reservoirs.28 Whereas, when we consider practically what is doing in the Lake Tana in regard to the fish resources, it contradicts with the sayings of the strategy. Even stakeholders do not have awareness in regard to the existing fishery laws of the region as well as the federal. As I understand from the interview I made with Ato Kassa Yimam, who is the manager of Tana Haik No. 1 Fisheries Cooperative, which is legally instituted fishery association in Lake Tana, even he

23

Supra Note, No. 21. 24

For the enforcement of Proclamation No. 92/2003 and Regulation No. 50/2007 ANRS Fishery Permission

Rendering Initial Draft Directive, 2004, Bahirdar, BoA, No.1, in the preamble Paragraph 1. [herein after referred

to as: For the enforcement of Proclamation No. 92/2003 and Regulation No. 50/2007 ANRS Fishery Permission

Rendering Initial Draft Directive No. 1/2004] (Translation by my own). 25

Ibid, Paragraph 2. (Translation by my own). 26

Ibid (Translation by my own). 27

Interview with Ato Mihret Endalew Tegegne, Under ARARI in department of BFALRC Fish upholding and usage

researcher, on the legality of fishing practices at Lake Tana, May 02, 2013.

Resource Dev't & Protection Expert, on the protection of fish resources in Lake Tana, March 28, 2013 28

The Federal Democratic Republic of Ethiopia, Ministry of Water Resources, Ethiopian Water Sector Strategy, P.

5, 2001.

14

himself hadn’t awareness in regard to fishery laws not about the federal but also the region’s.29 Hence, hitherto fishery laws are not considered, the unknowing of the strategy is not surprising.

2.6. Measures Taken to Implement and Enforce Existing Laws of Fishery

at Lake Tana

Even though fishery laws are not well practiced but in a sporadic and informal way there are practices which are done for the protection of fish resources in Lake Tana. Till only some of the fishers are aware that the government has laws, rules and regulations with regard to fisheries resource management, the stake holders are doing for the creation of awareness for the fishers through the wereda’s Agricultural and rural development offices. Besides, sometimes committees which are created through Agricultural and rural development offices from the riparian Kebeles of Tana basin observe and control fishing gears whether they are legal or not.30

29

Interview with Ato Kassa Yimam, manager of Tana Haik No. 1 Fisheries Cooperative, on the awareness of

existing fishery laws, May 2, 2013. 30

Informal FGD with Dr. Sewmehon Demissie Tegegne & Ato Mihret Endalew Tegegne, Under ARARI in

department of BFALRC Fish upholding and usage researchers, on legal practices undertaken at Lake Tana for the

enforcement of fishery laws, May 02, 2013.

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3. PRACTICALLY UNDERTAKING FISHING PRACTICES AT LAKE TANA

3.1. The Nature of Lake Tana Fisheries and their Organizations

Currently, there are four major types of fisheries characterized by specific combination of gears and fishing crafts. These are:

1. The motorized gillnet(mesh sizes 10-14cm) mainly fishery based in Bahirdar; 2. The traditional reed-rafts-gillnet(mesh size 6-10cm); 3. The traditional reed-rafts-gillnet(mesh size 6-12cm); 4. The chase and trap fishery (mesh size 6-9cm) based in the southern part of the

lake.31

Wherein the above classification is not always plausible as I apprehend from my interview that means because of being overexploited the mesh sizes of the gearing materials of the fishers become narrower and narrower. Because of this fact beyond the attainable limited size of fishes are captured.32

3.2. Legally Institutionalized Fishers’ Cooperatives

Fishers are organized in associations for the purpose of credit and technical delivery. Backing by this purpose the Tana Haik No. 1 fishery cooperative is the first that was established before fifteen years in the southern gulf of the lake. In addition, “Giorgis” and “Zeghie fish for all” associations are recently organized associations. Besides, in ten surrounding Woredas other associations are emerging now.33 However, as I understand from the discussion with Ato Kassa Yimam members of the cooperative in some cases doing illegal activities. For instance, they would bring hooked fishes which are below the standard size; they would use illegal gearing materials.34

3.3. Compatibility of Fishing Gears with the Standards for Sustainable

Utilization of Fish Resources

Even though there are registered and certified fishermen and their associations around Lake Tana, there are still a lot of illegal unregistered fishermen exploiting the fish resources. It is possible to say, there is no or little regulation of the fishing gears. As a result, the fishery has started recruitment of overfishing at some parts of the lake, especially the southern part around Bahir Dar gulf. Because of this Labeobarbus spp, have become very rare that they have been

31

Dr Abebe & Dr Eshete, Fishes of Lake Tana, P. 27. 32

Interview with Ato Minale Endeg, security guard of Tana Haik No. 1 Fisheries Cooperative, on the feasibility of

mesh sizes of gears, May 03, 2013.

33

Dr Abebe & Dr Eshete, Fishes of Lake Tana, P.28 and assured by Interview with Ato Kassa Yimam, manager of

Tana Haik No. 1 Fisheries Cooperative, on the legal status of fishery cooperatives at Lake Tana, May 2, 2013 34

Interview with Ato Kassa Yimam, manager of Tana Haik No. 1 Fisheries Cooperative, on the legal status of

fishery cooperatives at Lake Tana, May 2, 2013.

16

proposed to be listed as endangered species by the IUCN.35 This indicates that as much as possible the existing fishery laws should have to practical properly in a swift manner unless for the sustainable utilization of fish resources potential is difficult.

3.4. Roles of Primary Stakeholder Institutions for the Proper Utilization

of Fish Resources

Natural resource governance cannot be dealt through the dichotomous division between scientific and indigenous knowledge systems; rather we need to explore diverse systems of knowledge triggered by specific configuration of political interests and cultural formations. Knowledge related to natural resources and their management is stored in the mind and means of so many stakeholders and institutions, and in formal and informal ways that it is, ideally, hard to assess the legitimacy and dominancy of knowledge of one individual or knowledge communities to others. When stakeholders with diversity of interests, knowledge and power interact and collectively learn it is likely that there would be a synergy to develop social practices for the management and use of natural resources.36 So that because of this conflicting interests among stake holders make the Lake Tana’s ecosystem endangered.

Particularly transferring knowledge into action in ecosystem management appears to be a messy process which involves a complex series of interactions between the decision makers, producers and users of research. The problem of natural resource management and governance as perceived by government planners, policy makers, and researchers is quite different from the problems of primary concern to the users, who are trying to secure access to sustainable livelihood options by optimizing the use of their resources. This is because; decision makers, researchers and users inhabit different worlds. Whilst researchers may revere theories and concepts, decision makers want concrete evidence which is relevant and easy to understand. And whilst researchers often take years to complete research studies, decision makers want answers quickly. Each side also speaks its own, highly technical language. Therefore, understanding different knowledge systems is imperative to manage and govern natural resources in a sustainable manner without compromising the needs of the future generation. Practices of natural resource governance are shaped by knowledge systems of, and deliberative interfaces among, diverse groups of social agents that tend to vary both in terms of knowledge and other aspects of differentiation. Therefore, in terms of knowledge perspectives, five types of social actors were identified to better understand their perspective towards the Lake Tana Ecosystem.37 Henceforth, as much as possible we have to mitigate our own interests and we should have to give priority for the interest of the Lake Tana basin ecosystems and basically for fish spsecies.

35

Dr Abebe & Dr Eshete, Fishes of Lake Tana, P. 35 & 36. 36

Dessalegn Molla Ketema et al, ‘Putting research knowledge into Action: The missing link for sustainability of

Lake Tana Ecosystem, Ethiopia’, Ethiopia e-Journal for Research and Innovation Foresight/Ee-JRIF, 2011,

Volume 3, No. 2, PP. 4-19 at P. 11. [herein after referred to as: Dessalegn Molla Ketema, Putting research

knowledge into Action: The missing link for sustainability of Lake Tana Ecosystem, Ethiopia] 37

Ibid.

17

4. THE LOOPHOLE BETWEEN THE LAW AND THE PRACTICE IN

RELATION TO FISHERY AT LAKE TANA

4.1. Who is legally granted the Right of Fishing at Lake Tana?

Even though all fishery laws of the country as well as the region stipulates that fishing is allowed only and only if the fisher has fishing license and fishing ID,38 but fishing practices are undertaken at Lake Tana by any person who wishes to fishing at the lake since there is no controlling mechanisms in a proper manner.39 Henceforward, we can understand that there is a gap in fishery laws and the practical aspect of fishing.

4.2. Fishery laws and Practical Implementation of Fishing

As we have discussed earlier, fishery laws and the practical implementation of fishing practices undertaken at Lake Tana in one way or another is in variation. For instance, when we consider all fishery laws fishery Inspectors are the ultimate power holders in the controlling of illegal activities against fish resources.40 Whereas, practically as I critically observe and from the findings of my interview with Ato Yibeltal Wale, who is the member of Tana Haik No. 1 fishery cooperative, there is no fishery Inspector at Lake Tana which is formally institutionalized rather committees that are combined from different Kebeles.41 Thus, anyone can do the practice of fishing at Lake Tana without any prohibition whether he/she is legal or not since these the so called combined committees have no as such power as prescribed for fishery committees in the fishery laws.

4.3. Knowhow of the Stakeholder Communities about the Existing

Fishery Laws

As we have discussed earlier not only ordinary communities but also stakeholder communities hadn’t any knowhow vis-à-vis the existing fishery laws up to a recent time.42 That is as I grasp from the interview I made with Ato Kassa Yimam, he himself aware of the existing fishery laws especially of the region in the last year.43 On the other hand as I understand from my

38

Proclamation No. 315/2003, Art 5(1); The ANRS Fisheries Development, Protection and Utilization Proclamation

No. 92/2003, Art 5(1); ANRS the Fisheries Resource Development, Protection and

Utilization Proclamation Enforcement Council of Regional Government Regulation No. 50/2007, Art 6(1), For

the enforcement of Proclamation No. 92/2003 and Regulation No. 50/2007 ANRS Fishery Permission Rendering

Initial Draft Directive No. 1/2004, Art 3. 39

Interview with Ato Minale Endeg, security guard of Tana Haik No. 1 Fisheries Cooperative, on the legality of

fishers, May 03, 2013.

40

Proclamation No. 315/2003, Art 13(a-h); The ANRS Fisheries Development, Protection and Utilization

Proclamation No. 92/2003, Art 11(1)(a-g); ANRS the Fisheries Resource Development, Protection and

Utilization Proclamation Enforcement Council of Regional Government Regulation No. 50/2007, Art. 41

Interview with Ato Yibeltal Wale, member of Tana Haik No. 1 Fisheries Cooperative, on the status of fishery

inspector, May 03, 2013. 42

Supra Note, No. 29. 43

Ibid.

18

administered questionnaires fishers are aware that the size of their catch is getting smaller and smaller from time to time due to overexploitation. This is because of the fact that they get the awareness by the DAs which are found in the surrounding Kebeles.44 Even though the catch size is decreasing through time fishers have no option rather than fishing since there is no binding force which obliges the avoidance of overexploitation.

44

From 5 respondents, on the specific question of whether the catch fish size is decreasing or increasing, 4 of them

answered, it is decreasing.

19

5. CONCLUSION AND RECOMMENDATIONS

5.1. Conclusion

Fishing at Lake Tana, as we can see is declining from time to time in catch size and in its quality. Henceforth, the main factor for this problem is that even though the country as well as the region has an attractive fishery laws, it is not implemented properly in a manner for the alleviation of the problem of fishing practices undertaken in the Lake Tana.

Lake Tana, located in north-west Ethiopia, is the second largest freshwater lake in Africa. It accounts for 50 per cent of the total inland water area of Ethiopia and feeds the Blue Nile River, which contributes about 85 per cent to the total flow of water in the Nile. It is important in ecological and economic terms, and it has both local and global significance. Lake Tana is selected by the Ethiopian government as one of the potential Growth corridor for development and reducing food insecurity problem. As a result, there are tremendous development activities that are taking place in and around the Lake Tana. Yet, despite the potential positive impact on the country’s economic growth and alleviating poverty, these development activities are casting doubt on the sustainable use value of the Lake and its surrounding ecosystem, especially the fish fauna.

5.2. Recommendations

• By addressing symposiums and conferences amongst the stakeholders the BoA should have to take the lion share for the purpose of the ratification of fishery directive by the management of the bureau to solve the problem of illegal fishing practices undertaken at Lake Tana;

• By creating awareness on fisheries management for fishers for the motivation of fishers to practice legal fishing activities and environment friendly fishing by depending their knowledge and understanding of the importance of preserving the fish resource;

• Proper EIA projects should have to taken before any irrigational as well as developmental practices are undertaken in the vicinity of Lake Tana basin for the protection of fish resources;

• Training development and research workers on the laws, regulations and directives will help them to effectively enforce fishery laws so that the resource will be sustainably managed;

• The regional government have to initiate and support investments which are undertaken in the fishing resources of Lake Tana, as such to develop the legalized fish industry in a manner which ascertain the merit of the region’s people and the national community as a whole;

• Since wetlands of Lake Tana basin is crucial for the spawning of fishes as much as possible the stakeholders have to separate it as a protected area.

20

BIBLIOGRAPHY

I. Books and Articles:

1. Abebe Getahun(PhD) and Eshete Dejen(PhD), Fishes of Lake Tana A Guide Book, Addis Ababa University Press, Addis Ababa, 2012.

2. Dessalegn Molla Ketema et al, ‘Putting research knowledge into Action: The missing link for sustainability of Lake Tana Ecosystem, Ethiopia’, Ethiopia e-Journal for Research and Innovation Foresight/Ee-JRIF, 2011, Volume 3, No. 2, PP. 4-19.

II. Laws: 1. Fisheries Development and Utilization Proclamation, 2003, Addis Ababa, Federal

Negarit Gazette, Proclamation No. 315, 9th Year, No. 32. 2. The ANRS Fisheries Development, Protection and Utilization Proclamation, 2003,

Bahirdar, ZIKRE-HIG, Proclamation No. 92, 9th year, No. 3. 3. ANRS the Fisheries Resource Development, Protection and Utilization Proclamation

Enforcement Council of Regional Government Regulation, 2007, Bahirdar, ZIKRE-HIG, Regulation No. 50, 12th year, No. 13.

4. For the enforcement of Proclamation No. 92/2003 and Regulation No. 50/2007 ANRS Fishery Permission Rendering Initial Draft Directive, 2004, Bahirdar, BoA, No.1.

III. Policies and Strategies:

1. Chalachew Aragaw, Fish resource development and protection expert, ANRS Animals resource development Promotion Agency, Lake Tana fisheries management strategic plan, 2004 E.C.

2. The Federal Democratic Republic of Ethiopia, Ministry of Water Resources, Ethiopian Water Sector Strategy, 2001.

IV. Unpublished Research Papers:

1. Abebe Ameha Mengistu, the Effect of Birbira, Milletia Ferruginea (Hochst.) Baker on Some Barbus Spp. (Cyprinidae, Teleostei) In Gumara River (Lake Tana), Ethiopia MSC thesis, Addis Ababa University, Department of Biology, School of Graduate Studies, 2004, [Unpublished, available at AAU School of Graduate Studies].

2. Tadesse Beyene, Analysis of factors determining potential Fish Resource Utilization in Lake Tana, Ethiopia, MSc thesis, Haramaya University, College of Agriculture, Department of Agricultural Economics, School of Graduate Studies, 2007, (Unpublished, available at Haramaya University, School of Graduate Studies).

V. Project Report:

1. Alayu Yalew, BFALRC( Bahir Dar Fishery and Aquatic Life Research Center) Director, Fish production processing and Utilization in the Lake Tana fisheries, Project Report, 2012.

21

VI. Informal FGD:

1. Informal FGD with Dr. Sewmehon Demissie Tegegne & Ato Mihret Endalew Tegegne, Under ARARI in department of BFALRC Fish upholding and usage researchers, on legal practices undertaken at Lake Tana for the enforcement of fishery laws, May 02, 2013.

VII. Interviews:

1. Ato Mihret Endalew Tegegne, Under ARARI in department of BFALRC Fish upholding and usage researcher, on the legality of fishing practices at Lake Tana, May 02, 2013.

2. Ato Kassa Yimam, manager of Tana Haik No. 1 Fisheries Cooperative, on the awareness of existing fishery laws, May 2, 2013.

3. Ato Minale Endeg, security guard of Tana Haik No. 1 Fisheries Cooperative, on the legality of fishers, May 03, 2013.

4. Ato Yibeltal Wale, member of Tana Haik No. 1 Fisheries Cooperative, on the status of fishery inspector, May 03, 2013.

22

APPENDIX

Appendix-1 Format of Administered Questionnaires በጣናበጣናበጣናበጣና ኀይቅኀይቅኀይቅኀይቅ ከዓሣከዓሣከዓሣከዓሣ ማስገርማስገርማስገርማስገር ጋርጋርጋርጋር ተያይዞተያይዞተያይዞተያይዞ የተዘጋጀየተዘጋጀየተዘጋጀየተዘጋጀ መጠይቅመጠይቅመጠይቅመጠይቅ

1. ኀብረተሰቡ የአማራ ክልል ም/ቤት ከዓሣ ሃብት ልማት፣ጥበቃና አጠቃቀም ጋር በተያያዘ በ1996 ዓ.ም. እና በ1999 ዓ.ም.

በተከታታይነት ያወጣውን አዋጅና ደንብ ምን ያህል ተረድቶታል? በተግባርስ ያለው አፈፃጸም ምን ይመስላል?

2. የክልሉ ግብርና ቢሮ ከአሳ ሃብት ልማት፣ጥበቃና አጠቃቀም ጋር በተያያዘ የራሱን መመርያ አውጥቷል ወይ?

3. የዓሣ ተቆጣጣሪዎች ሕጉን ለማስፈፀም እንዴት እየተንቀሳቀሱ ይገኛሉ?

4. ፈቃድ ሳይኖራቸው በአሳ ማስገር ስራ የተሰማሩ ግለሰቦች አሉ ወይ?

5. የአሳ አስጋሪዎች ማህበር ከጊዜ ወደ ጊዜ የአሳ ምርቱን መጠን እንዴት ያዩታል? ቀንሷል ወይስ ጨምሯል?

6. በመንግስት በኩል ህጉን በተግባር ከመተርጎም አንፃር ምን የተሰራ ስራ አለ? በተለይም የግንዛቤ ማስጨበጫ መድረኮችን

ከማዘጋጀት አንፃር ምን ተግባራት ተከናውነዋል?

7. የአሳ ማስገሪያ መሳሪያዎችን ዓይነትና ጥራት የመቆጣጠር ሁኔታ አለ ወይ?

8. የወጣው ህግ በአግባቡ በተግባር እየተሰራበት ነው ብሎ መደምደም ይቻላል ወይ?

9. አሳ አስጋሪዎች ከህጉ በተቃራኒ ሲሰሩ ተገኝተው በህግ አግባብ የተጠየቁበት ሁኔታ ተፈጥሮ ያውቃል ወይ?

10. የክልሉ ም/ቤት ህጉን ውጤታማ ከማድረግ አንፃር ከሚመለከታቸው አካላት ጋር እንዴት ተቀናጅቶ እየሰራ ነው? በተለይም

በማህበር ከተደራጁ ዓሣ አስጋሪዎች ጋር፣ከክልሉ ግብርና ምርምር ተቋም ጋር፣ከክልሉ ግብርና ቢሮ ጋር፣ከዓሣ ሃብት ልማት

ማስፋፊያ ኤጀንሲ ጋር፣ከዓሣ ሃብት ልማት ምርምር ማዕከል ጋር፣ከዓሣ ነጋዴዎች ጋር…?

11. አንድ ዓሣ አስጋሪ ዓሣ የሚያሰግርበት መረብ የወንፊቱ ስፋትና ጥበት በአግባቡ ቁጥጥር የሚደረግበት አግባብ አለ ወይ?

ቁጥጥር ካለስ ማንኛው አካል ነው የሚያደርገው?

12. የክልሉ ም/ቤት ባወጣው የዓሣ ሃብት ልማት፣ጥበቃና አጠቃቀም ደንብ መሰረት ዓሣ አስጋሪዎች ዓሣ ለማስገር

እንዲጠቀሙባቸው የተፈቀዱ መረቦች፡- ድግን መረብ፣ተወርዋሪ መረብ፣ወጥመድ ቀፎ እና መንጠቆ ሲሆኑ፡ በተግባር

አስጋሪዎች ከተጠቀሱት መረቦች ውጭ የሚጠቀሙባቸው መረቦች አሉ ወይ? ካሉስ ምን ዓይነት መረቦች ናቸው?

13. በአሣ መራቢያ ወቅት የዓሣ ማስገር ስራ ይከናወናል ወይ? የሚከናወን ከሆነስ በምን ዓይነት መንገድ ነው?

14. የዓሣ ምርትና ገበያ ድርጅት ህገ-ወጥ አስጋሪነትን ከማስቆም አንፃር ምን አስተዋፅዖ አለው? በዚህ ዙርያስ እያደረገ ያለው

እንቅስቃሴ ምን ይመስላል?

15. አሣ አስጋሪዎች በየጊዜው ያለውን የአሳ ምርት መጠን እንዴት ይመለከቱታል?

16. የአሳ ሃብት በአሳ አስጋሪዎች እይታ አላቂ ሃብት ነው ወይስ አይደለም?