CHAPTER 6: PLANNING AND MANAGEMENT FORSUSTAINABLE SHRIMP AQUACULTUREAn examination of all <strong>the</strong> issues related to <strong>the</strong> sustainability of shrimp aquaculture has highlighted <strong>the</strong>need for better planning <strong>and</strong> management of <strong>the</strong> industry as a whole. Planning for any l<strong>and</strong>-use activityis notoriously difficult; from impressive policy documents that cannot be effectively implemented toexcessively top-down <strong>and</strong> centralized control. This chapter discusses various needs <strong>and</strong> approaches tomeeting <strong>the</strong>m, <strong>and</strong> presents some preliminary guidance for planning shrimp culture.Legal frameworksExamination of existing literature about <strong>the</strong> negative impact of shrimp farming has repeatedly broughtto light <strong>the</strong> general lack of, or inadequacy of, legal frameworks <strong>and</strong> regulatory instruments in shrimpfarming countries. Aquaculture commonly falls between legislation relating to l<strong>and</strong> use, water use <strong>and</strong>fisheries management.Inadequacy of existing frameworksOwnership, use, <strong>and</strong> access rightsL<strong>and</strong>/water ownership <strong>and</strong> access or use rights in coastal areas are notoriously ambiguous in manycountries. Such ambiguity has been identified as contributing to many of <strong>the</strong> social problems stemmingfrom shrimp-farm development (Chapter 4). The legal aspects of resource rights are often not fullyunderstood <strong>and</strong> legislation may be lacking or confusing. Traditional rights have broken down or beenrevoked by national governments in most shrimp farming countries, but governments often lack <strong>the</strong>capacity, or <strong>the</strong> will, to enforce new property rights or implement a new system of equitable resourceallocation. Government-designated conservation zones are often subject to continuing illegaldevelopment or exploitation by l<strong>and</strong>less, migrant, <strong>and</strong> minority groups on <strong>the</strong> one h<strong>and</strong>, <strong>and</strong> “officiallysanctioned” development from more powerful commercial interests on <strong>the</strong> o<strong>the</strong>r. <strong>Shrimp</strong> farming,along with many o<strong>the</strong>r activities, has developed rapidly in high-priority conservation areas throughboth of <strong>the</strong>se routes, <strong>and</strong> traditional users of <strong>the</strong>se resources have sometimes suffered as a result. Lackof enforcement instruments <strong>and</strong> personnel makes it impossible for authorities to control use. However,more <strong>and</strong> more countries are now focusing on this problem <strong>and</strong> seeking to gain control over areas thatshould be protected.Claridge (1996) has identified a number of legal factors that may contribute to <strong>the</strong> negative impacts ofshrimp farming. Although his work is based on <strong>the</strong> case of Thail<strong>and</strong>, his observations can begeneralized to o<strong>the</strong>r locations.Inappropriate, ambiguous, or lacking legislationIn many shrimp-farming countries, <strong>the</strong>re has been no comprehensive review of natural resourcemanagement legislation in order to improve its effectiveness for sustainable coastal <strong>and</strong> marineresource management. When such a review is undertaken, it should consider not only legal aspects butalso implementation <strong>and</strong> monitoring of any newly proposed controls.Inappropriate or lacking environmental st<strong>and</strong>ardsAlthough regulations or laws may contain general st<strong>and</strong>ards, or at <strong>the</strong> very least indicate <strong>the</strong> need forsuch criteria, few provide <strong>the</strong> specific st<strong>and</strong>ards needed. This is not surprising, as <strong>the</strong> specification ofst<strong>and</strong>ards may vary over time, <strong>and</strong> is <strong>the</strong>refore often left to administrative institutions to provide <strong>and</strong>modify. Often, however, <strong>the</strong> intentions noted in <strong>the</strong> law or in <strong>the</strong> regulations enacted by <strong>the</strong> legislatureare not translated into measurable, specific st<strong>and</strong>ards or criteria with which <strong>the</strong> industry can comply, orto which enforcement authorities (if any are identified or in existence) can refer.Lack of effective l<strong>and</strong> use <strong>and</strong> resource allocation controlsL<strong>and</strong> (or coast) use controls are often nonexistent or ineffective. The problems associated with shrimpfarming, particularly those related to l<strong>and</strong> use, siting, <strong>and</strong> resource access, imply <strong>the</strong> need for integratedcoastal management plans, which would provide an appropriate planning <strong>and</strong> administrative55
framework for central <strong>and</strong> local authorities, as well as for investors <strong>and</strong> operators in shrimp aquaculture(Post & Lundin 1996). This issue is discussed fur<strong>the</strong>r below.Conflict between law enforcement <strong>and</strong> o<strong>the</strong>r government functionsProblems may arise when government officials are simultaneously responsible for law enforcement <strong>and</strong>industry development. In <strong>the</strong>ir role as industry development promoters, <strong>the</strong> government officials’success is measured by <strong>the</strong>ir ability to promote <strong>and</strong> exp<strong>and</strong> activities like shrimp farming, <strong>and</strong> todiscuss issues such as marketing, pond management, <strong>and</strong> financing successfully with private sectorfarmers. The farmers are unlikely to discuss such matters with officials who are also responsible forlaw enforcement. District fisheries officers in Thail<strong>and</strong> are currently in such a situation, as oneexample. On <strong>the</strong> o<strong>the</strong>r h<strong>and</strong>, it is important that <strong>the</strong> promotion <strong>and</strong> control functions of government areclosely coordinated <strong>and</strong> do not work in opposition to each o<strong>the</strong>r.Ineffective or nonexistent law enforcementThere is a significant lack of necessary legislation to prevent or mitigate <strong>the</strong> impact of shrimp farming,<strong>and</strong> those laws that do exist are generally not enforced. There are many reasons for this, including lackof personnel <strong>and</strong> proper enforcement instruments, or insufficient motivation or skills on <strong>the</strong> part of lawenforcement officers. Regulations may also be well intended but have side effects that rendercompliance impossible. Fur<strong>the</strong>rmore, law enforcement requires at least a general absence of corruptionin <strong>the</strong> government, particularly among <strong>the</strong> administrative branch employees.Selected examples of legal intervention by governmentIn India, <strong>the</strong> Supreme Court has upheld <strong>the</strong> coastal zone regulations that restricts shrimp farming, asone example of governmental action (Murthy 1997). Among <strong>the</strong> proposed guidelines are requirementsthat no shrimp farms be built in mangrove areas, in sensitive wetl<strong>and</strong>s, or on productive agriculturall<strong>and</strong>s; <strong>and</strong> water from underground aquifers cannot be used in <strong>the</strong> aquaculture process. However, <strong>the</strong>reis considerable political disagreement on this issue, <strong>and</strong> in April 1997 <strong>the</strong> upper house of <strong>the</strong> legislativeassembly passed <strong>the</strong> Aquaculture Authority Bill, which would virtually nullify <strong>the</strong> Supreme Courtdecision. The legislation is still pending in <strong>the</strong> lower house, <strong>and</strong> <strong>the</strong> industry remains in limbo. One of<strong>the</strong> problems in this case was that shrimp farming had not been specifically taken into account indrawing up <strong>the</strong> original Coastal Zone Act.The Government of Ecuador has taken steps to address <strong>the</strong> environmental effects of shrimp farming.For example, mangroves have been designated as woodl<strong>and</strong> to be protected, two reserves have beencreated covering approximately 55,000 hectares of mangroves, <strong>and</strong> rules were established for <strong>the</strong>conservation <strong>and</strong> protection of mangroves (Anon. 1996k).As early as 1991, <strong>the</strong> Thai Cabinet made several decisions to control <strong>the</strong> shrimp farming industry(Anon. 1996a). The cabinet:• Banned <strong>the</strong> use of mangrove areas for shrimp farming;• Encouraged participation of local authorities <strong>and</strong> people in preserving mangroves;• Planned documentation of all <strong>the</strong> mangrove areas in Thail<strong>and</strong>;• Initiated a periodic monitoring system for delineating borders <strong>and</strong> documenting <strong>the</strong>m on maps<strong>and</strong> day-to-day monitoring of mangrove areas;• Restricted loans for shrimp farming through <strong>the</strong> Royal Bank of Thail<strong>and</strong>;• Promoted zoning plans for coastal aquaculture; <strong>and</strong>• Initiated a pilot project to test a seawater irrigation system to supply offshore seawater for usein treating shrimp pond discharges.In addition, in 1996 <strong>the</strong> government completed a 20-year sustainable development plan that included anenvironmental plan for shrimp farming. The Thai government has also committed U.S.$40 million toconserve remaining mangroves. However, despite government will to improve regulation, lack of lawenforcement resources (untrained personnel <strong>and</strong> limited capacity of governmental agencies) is severelylimiting <strong>the</strong> effect of <strong>the</strong> regulations (MIDAS 1995).56
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sensitivity analysis should include
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ABBREVIATIONSMTkgmcmhaozPUDFOBCIFC&
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ORGANIZATION OF THE REPORTIn Chapte
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same time, development is necessary
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- Page 72 and 73: Conclusions and recommendationsReco
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- Page 96 and 97: ColombiaThe Adoption of Good Manage
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- Page 104 and 105: BIBLIOGRAPHYAdger, W.N. 1998. Susta
- Page 106 and 107: Claridge, G. 1996. Legal approaches
- Page 108 and 109: Hambrey, J.B., M. Phillips, K. Chow
- Page 110 and 111: Phillips, M.J., & D.J. Macintosh. 1
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