Contribution of legal architecture toward strengthening co-management platforms in small-scale fisheries in Sri Lanka

Abstract

The importance of a robust and supportive legal framework to encourage community involvement in resource management is undeniable. The legal landscape of Sri Lanka's fisheries sector is examined in this paper, with a specific focus on co-management - a collaborative approach involving fishers, government agencies, and other stakeholders for sustainable fisheries management. A systematic review of relevant Acts, Regulations, and other related literature explores how the existing legal framework enables the establishment and function of co-management platforms. The appropriateness and sufficiency of current legal provisions towards implementing "co-management good practices" outlined in the FAO's Assessment Sheet for co-management design and performance and the practical application of legal provisions aimed at promoting co-management are also examined. The Fisheries and Aquatic Resources Act No. 35 of 2013 emerges as the cornerstone legislation supporting co-management. Particularly significant is the provision for establishing Fisheries Management Coordinating Committees within designated Fisheries Management Areas. These Fisheries Coordinating Committees include representatives from village-level Fisheries Management Committees, government bodies, and key stakeholders appointed by the Director General of the Department of Fisheries and Aquatic Resources. This represents a crucial step towards collaborative management of fisheries resources. The analysis reveals satisfactory compliance of existing legal provisions with the FAO's "co-management good practices". However, some deficiencies and practical limitations have been identified. For instance, there is no legal mandate to make Fisheries Management Committees or Fisheries Coordinating Committees compulsory within designated Fisheries Management Areas, nor is there a requirement for regular meetings. While the legal framework generally supports co-management, there is substantial room for improvement. The paper recommends that the government should address legal and administrative challenges that hinder the effective implementation of co-management initiatives.