Legislative Guidelines for the Establishment and Operation of Locally Managed Marine Areas in Kenya

Abstract

Sustainable management of the coastal and marine environment in Kenya requires collaboration between government, at both the national and county level, and coastal communities. Cooperative management will ensure that different stakeholders are able to contribute to a shared objective. The introduction of Locally Managed Marine Areas (LMMAs) has been based on this rationale and the need to ensure co-management arrangements between communities and government agencies in managing marine resources. LMMAs serve more than just conservation imperatives. They also enable communities to alleviate poverty by giving them the opportunity to derive benefits from marine resources in the process of undertaking conservation initiatives. The lack of a supportive legal framework has, however, hindered the sustainable growth of LMMAs. Many LMMAs have been established in Kenya through the support of the State Department of Fisheries. However, the legal framework does not explicitly mention LMMAs or give them clear legal and operational guidance. This report has consequently made proposals for guidelines for the legal establishment and operations of LMMAs in Kenya. These guidelines have involved significant consultations with many stakeholders including government agencies and their legal officers. The guidelines are geared towards providing clarity on procedures and implications of establishment of LMMAs. They are also intended to facilitate greater collaboration amongst national government agencies in supporting LMMAs. In addition they provide avenues for engagement between LMMAs and county governments. The guidelines proposed here require wide consultations, public participation and education and awareness creation amongst communities for their acceptance and legitimacy. It is hoped that these legislative guidelines will be incorporated into national guidelines on establishment and operations of LMMAs, adopted by Government and issued formally to guide communities. The success of LMMAs will also require continued training and capacity building for community members, financial sustainability and collaboration with several stakeholders.