Marine Conservation Agreements
A Practitioner's Toolkit
www.mcatoolkit.org

Tanzania

Status: In-depth

An in-depth law and policy analysis that assessed the potential application of Marine Conservation Agreements (MCAs) in Tanzania was undertaken in 2010 as part of a comparative analysis of countries bordering the Western Indian Ocean. The complete report with all references can be downloaded from the resource box on the right.

Quick Peek — MCA Implementation: The legal and policy frameworks of both Zanzibar and Tanzania are amenable to MCA implementation, though more so in Zanzibar. This analysis found three operational MCA projects in Zanzibar's coastal waters, but only one in Tanzania's. Read more below >>

Overview

The coastal waters of Tanzania harbor some of the richest marine resources in the Western Indian Ocean.1 In recognition of this value, at the World Parks Congress in 2003, the government announced its intention to increase the percentage of MPAs to 10% by 2012 and 20% by 2025.2 To date, progress has been good and the 2012 target has already been achieved.3 The table below outlines Tanzania's existing MPAs in more detail.4

Marine Protected Areas in Tanzania
Site IUCN Category Size (km2 ) Date established Governance type
Saadani -- 70 1969 Government
Maziwe Island II 2.6 1981 Government
Chumbe Island Coral Park II 0.3 1991 Private
Mafia Island VI 615 1995 Government
Menai Bay VI 470 1997 Collaborative
Pemba Channel -- -- 2005 Government
Mnemba Island VI 0.15 2002 Private
Misali Island VI 21.6 1998 NGO
Kiwengwa -- 17.5 2000 --
Mnazi Bay-Ruvuma Estuary -- 200 2000 Government
Dar es Salaam Reserves II 26 1975 Government
Tanga collaborative Management Areas -- 1598.5 1996-2000 Collaborative
Nyororo, Shungumbili and Mbarakuli -- -- 2007 Government

Green turtle, Tanzania. Photo © J. Rubens/Sea Sense

Although the constitution of the United Republic of Tanzania lacks explicit provisions on environmental management and protection, the legal system has wide-ranging institutional and legislative coverage of natural resources issues, including coastal and marine resources. However, these laws and policies have been established and implemented by the two governments of the United Republic (Mainland Tanzania and Zanzibar), causing legislative overlap, friction and contradiction.5,6 As such, environmental law and policy for Zanzibar and Mainland Tanzania are discussed here separately where appropriate.

Legal and Policy Framework: Mainland Tanzania

Tanzania's overarching environmental legislation is the Environmental Management Act 2004 (EMA), which provides a framework for sustainable management of the environment and repeals all earlier laws and provisions that are inconsistent with it on environmental matters.5 Marine Protected Areas are established under the Marine Parks and Reserves Act 1994, whereas National Parks with marine components (Saadani, for example) are declared under the Wildlife Conservation Act 1974. The table below summarizes relevant policies and laws.7

Key policy and legislation relating to marine and coastal protection in Mainland Tanzania
Policy or Law Relevance
Policies and Frameworks
National Environmental Policy (NEP, 1997) Overarching national environmental policy focused on the conservation of the environment and effective use of natural resources
National Integrated Coastal Management Policy (2003) Outlines commitment to sustainable coastal governance and champions integrated coastal management
National Wildlife Policy Sets out simple, transparent procedures for stakeholder participation in the wildlife-based tourist industry, as well as for investment in other wildlife activities.
National Fisheries Policy Gives priority to artisanal fishermen to help them improve their fishing methods and gear
National Tourism Policy Aims to promote environmentally friendly tourism in protected areas. Also highlights the need for conservation of wildlife parks, reserves and other important natural areas
Legislation
Environmental Management Act (EMA, 2004) Overarching legal framework for the management of Mainland Tanzania's environment
Marine Parks and Reserves Act (1994) Provides for the establishment, monitoring and management of marine protected areas
Wildlife Conservation Act (1974) Announces national parks
Fisheries Act (2003) Regulates the fishing industry, especially in MPAs
Forest Act (2001) Designates Mangrove Forest Reserves and encourages community-based management

Owners and Managers: Mainland Tanzania

Responsibility for environmental management lies with the Ministry for the Environment and Human Affairs within the Vice-Presidency. The Marine Parks and Reserves Unit (MPRU) of the Department of Fisheries is responsible for managing marine protected areas, whereas the Tanzania National Parks Authority (TANAPA) is mandated with establishing national parks, including marine national parks. Ten further ministries have at least partial responsibility for marine, coastal and broader environmental issues, creating confusion, conflict and overlap.8

Legal and Policy Framework: Zanzibar

In Zanzibar, the Environmental Management for Sustainable Development Act 1996 and the Forest Resources Management Act 1996 provide the legal basis for protected area establishmen. The former sets out four types of protected area for Zanzibar: Controlled Areas (now known as Conservation Areas), Sanctuaries, Parks and Reserves. The latter is predominantly concerned with land-based protected areas. The 1988 Fisheries Act also permits the formation of MPAs in territorial waters.9 The table below outlines pertinent policies, frameworks and legislation.10

Key policy and legislation relating to marine and coastal protection in Zanzibar
Policy or Law Relevance
Policies and Frameworks
National Environmental Policy (1992) Overarching national environmental policy focused on sustainable protection and management of Zanzibar's natural resources
Legislation
Environmental Management for Sustainable Development Act (1996) Overarching legal framework for the management of Zanzibar's environment
Fisheries Act (1998) Provides for formation of MPAs in territorial waters
Forest Resources Management Act (1996) Provides legal framework for establishment of protected areas including community-based management
Zanzibar Investment Act (1986) Promotes Foreign Direct Investment and sets up The Zanzibar Investment Promotion Agency (ZIPA) as overarching implementing body
Land Tenure Act (1992) Decrees that land cannot be privately owned but may be leased for a maximum of 33 years

Owners and Managers: Zanzibar

The Ministry of Agriculture, Natural Resources, Environment and Co-operatives (MANREC) has overall responsibility for protected areas with management split on a site-by-site basis between the Departments of Fisheries and Marine Products and of Commercial Crops, Fruits and Forestry (DCCFF).6

Anthias and fire coral, Chumbe Island. Photo © Frida Lanshammar 2006

MCA Implementation and Examples

The legal and policy frameworks of both Zanzibar and Tanzania are amenable to MCA implementation, though more so in Zanzibar than in Mainland Tanzania.11 This is in part due to the complexity of Mainland Tanzania's institutional framework (noted above) and in part because Zanzibar has been less guarded about courting foreign direct investment. It is perhaps unsurprising, therefore, that this analysis found three operational MCA projects in Zanzibar's coastal waters, but only one in Tanzania's.

Chumbe Island, Tanzania

Established in 1994, Chumbe Island was Tanzania's first MPA. See the detailed Chumbe Island Coral Park field project in this toolkit. Chumbe Island is a private marine reserve and ecotourism destination, with a 0.3km2 area of reef managed under a 10 year renewable lease with the Government of Zanzibar. Tourist revenue covers basic management costs and local fisherman are employed as park rangers.

Misali Island, Zanzibar

Misali was founded by local communities in response to a controversial planned tourist development, and is jointly managed by the Misali Island Conservation Association (MICA) — which comprises some 700 local stakeholders — and the DCCFF. Although the Zanzibar Government covers salaries and office costs, the initiative is additionally supported by CARE International, which raises funds through tourist levies. Sixty percent of these fees goes on conservation activities, with the remainder funding local community development projects.11

Checking a turtle nest on Mafia Island. Photo © C. Muir/Sea Sense

Mnemba Island, Zanzibar

Mnemba Island is a high-end ecotourism resort managed by &Beyond Africa (formerly Conservation Corporation Africa—CCA).11,13 CCA acquired rights over a certain area of adjacent ocean area with reefs and works with the Department of Fisheries to patrol and collect fees from divers in the area.12 These fees, together with proceeds from the lodge are reinvested in a fund for community development.

Mafia Island Turtle Incentive Payouts, Tanzania

In 2002, in response to widespread poaching of green turtle nests, WWF initiated a program to engage stakeholders and elect turtle monitors at the Mafia Island MPA.14 A Tanzanian NGO Sea Sense was established to train monitors and pay them to patrol nesting beaches, relocate nests, and assist with tagging and data collection. The presence of the monitors was not a sufficient deterrent, however, so a direct incentive scheme was devised the following year. The scheme paid members of the local community USD 3.50 per nest discovered, USD 0.07 per successful hatching and USD 0.04 per each unviable egg. As a result, poaching of turtle nests dropped from 100% in 2001 to just 1.6% in 2008.

MCAs in Tanzania are thus more widespread and varied in their management approaches than elsewhere in the region. Due to the number of successful projects, it is submitted that any of the organizations noted in the case studies would be suitable implementation partners.

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1 Salm, R. & Tessema, Y. (1998) Partnership for Conservation: Report of the Regional Workshop on Marine Protected Areas, Tourism and Communities. Diani Beach, Kenya. IUCN Eastern Africa Regional Office, Nairobi, Kenya.

2 Ruitenbeek, H.J., Hewawasam, I. & Ngoile, M.A.K. (2005) Blueprint 2050: sustaining the marine environment in mainland Tanzania and Zanzibar. World Bank Publications.

3 UNEP-WCMC. (2010) World Database on Protected Areas (WDPA) Annual Release 2010. UNEP-World Conservation Monitoring Centre, Cambridge.

4 Sources for Table: Marine Protected Areas in Tanzania:

  • Salm & Tessema 1998
  • UNEP-WCMC 2010
  • IUCN. (2004) Managing Marine Protected Areas: A Toolkit for the Western Indian Ocean.
  • Mwaipopo, N. (2008) The social dimensions of marine protected areas: a case study of the Mafia Island Marine Park in Tanzania.
  • Obura, D., Church, J., Daniels, C., Kalombo, H., Schleyer, M. & Suleiman, M. (2004) Status of Coral Reefs in East Africa 2004: Kenya, Tanzania, Mozambique and South Africa.
  • Ruitenbeek et al. 2005
  • Tobey, J. & Torell, E. (2006) Coastal poverty and MPA management in mainland Tanzania and Zanzibar. Ocean & Coastal Management, 49, 834-854.
  • Wagner, G.M. (2007) Coral reefs and their management in Tanzania. Western Indian Ocean Journal of marine Science, 3, 227.
  • Wells, S., Burgess, N. & Ngusaru, A. (2007) Towards the 2012 marine protected area targets in Eastern Africa. Ocean & Coastal Management, 50, 67-83.
  • WWF. (2004b) Towards the Establishment of an Ecologically Representative Network of Marine Protected Areas in Kenya, Tanzania and Mozambique.

5 UNEP/Nairobi Convention Secretariat and WIOMSA. (2009) Regional synthesis report on the review of the policy, legal and institutional frameworks in the Western Indian Ocean (WIO) region.

6 WWF. (2007) Policy, Legal and Institutional Framework: Mozambique, Tanzania, Zanzibar & Kenya.

7 Sources for Table: Key policy and legislation relating to marine and coastal protection in Mainland Tanzania:

  • Mwaipopo 2008
  • UNEP/Nairobi Convention Secretariat and WIOMSA 2009
  • WWF 2007
  • WWF 2004b
  • Hatton, J. (2001) Policy, Legal and Institutional Framework: Mozambique, Tanzania, Zanzibar & Kenya: Summary.
  • Kamukuru, A.T., Mgaya, Y.D. & Öhman, M.C. (2004) Evaluating a marine protected area in a developing country: Mafia Island Marine Park, Tanzania. Ocean & Coastal Management, 47, 321-337.
  • Sterner, T. & Andersson, J. (1998) Private Protection of the Marine Environment, Tanzania: A Case Study. Ambio, 27, 768-771.

8 Multiple sources:

  • Chircop, A., Francis, J., Van Der Elst, R., Pacule, H., Guerreiro, J., Grilo, C. & Carneiro, G. (2010) Governance of Marine Protected Areas in East Africa: A Comparative Study of Mozambique, South Africa, and Tanzania. Ocean Development & International Law, 41, 1-33.
  • IUCN 2004
  • WWF 2007
  • WWF 2004b

9 Multiple sources:

  • WWF 2004b
  • Ruitenbeek et al. 2005
  • Salm & Tessema 1998
  • Mwaipopo 2008

10 Sources for Table: Key policy and legislation relating to marine and coastal protection in Zanzibar:

  • Mwaipopo 2008
  • UNEP/Nairobi Convention Secretariat and WIOMSA 2009
  • WWF 2007
  • WWF 2004b
  • Hatton 2001
  • Kamukuru et al. 2004
  • Sterner & Andersson 1998
  • Crawford, B., Herrera, M.D., Hernandez, N., Leclair, C.R., Jiddawi, N., Masumbuko, S. & Haws, M. (2010) Small Scale Fisheries Management: Lessons from Cockle Harvesters in Nicaragua and Tanzania. Coastal Management, 38, 195.
  • Salm & Tessema 1998
  • The Nature Conservancy & Conservation International. (2008) Workshop Proceedings for A Private Sector Approach – Conservation Agreements in support of Marine Protection. The Nature Conservancy & Conservation International. (download pdf, 2,066k)

11 WWF 2004b

12 Carter, E., 2010. Discussion on MCA projects in East Africa. (Personal Communication, 9 August)

13 Lange, G. & Jiddawi, N. (2009) Economic value of marine ecosystem services in Zanzibar: Implications for marine conservation and sustainable development. Ocean & Coastal Management, 52, 521-532.

14 Gjertsen, H. & Niesten, E. (2010) Incentive-based approaches in marine conservation: Applications for sea turtles. Conservation and Society, 8, 5.

 

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