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Institutional Mechanisms for REDD+ - Case Studies Working Paper

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BOX 3.1: PROCEDURE TO ESTABLISH A WMA ACCORDING TO THE<br />

REGULATIONS OF 2002<br />

The WMA Regulations (subsidiary legislation under Section 84 of the WCA of 1974) provide <strong>for</strong> the<br />

creation of WMAs on village lands and implementation of the Wildlife Policy’s objectives. The<br />

Regulations allow communities to become corporate entities and to participate in, and benefit from,<br />

wildlife utilization in WMAs. However, in order to use any other natural resource products like fish,<br />

<strong>for</strong>est, or bees, one needs to consult sectoral policies, laws, and regulations regulating that particular<br />

resource. The Regulations spell out the process that the communities must follow in order to qualify <strong>for</strong><br />

being granted wildlife user rights:<br />

� First, a Village Assembly meeting or meetings in the relevant village or villages must decide to <strong>for</strong>m a<br />

WMA on the village lands. Once this has happened, the villages must <strong>for</strong>m a CBO to represent the<br />

community members and manage the WMA. This CBO must have a constitution, rules of<br />

membership, qualifications of office bearers, financial management procedures, etc.<br />

� Second, the CBO is to prepare Land Use Plans <strong>for</strong> the relevant villages. These Land Use Plans<br />

should show where the proposed WMA will lie in the village’s or villages’ lands; they should follow<br />

the procedures laid out by the National Land Use Planning Commission.<br />

� Third, the CBO must <strong>for</strong>m a General Management Plan, or alternatively as an interim measure (<strong>for</strong><br />

up to five years) can compose a more basic Resource Management Zone Plan providing <strong>for</strong> the<br />

zonation of resource uses in the proposed WMA.<br />

� Finally, after completing the above prerequisites, the CBO can apply to the Director of Wildlife <strong>for</strong><br />

the Minister to declare the CBO as an AA and gazette the WMA. If the application is approved by<br />

the Director, and the WMA is gazetted, the CBO becomes an Authorized Association, which then<br />

applies <strong>for</strong> a user right.<br />

� For those communities in Game Controlled Areas, another requirement is provided in the<br />

Regulations. The Regulations state that communities in Game Controlled Areas (e.g., Loliondo,<br />

Longido, Burunge, and Ipole) must have their land moved from reserved/conservation land to village<br />

land prior to having WMAs established. This is because WMAs are only supposed to be established<br />

on village land, and not on any category of Protected Areas.<br />

If the WMA application is approved by the Director of Wildlife, and the WMA gazetted, the following<br />

conditions will apply to the WMA:<br />

� The AA will apply <strong>for</strong> the User Right. After acquiring the User Right the AA cannot transfer it.<br />

� The AA can now enter into contracts with other entities <strong>for</strong> use of wildlife resources in the WMA.<br />

For investments in WMAs, the Regulations state that all investments must be approved by the Director<br />

of Wildlife. In terms of hunting <strong>for</strong> tourists, the AA can ask the Director to designate all or part of a<br />

WMA to be a hunting block. Regarding benefit sharing, WMA’s Section 73 states that benefit sharing will<br />

be determined by “circulars issued by government from time to time.” For the proportion that the AA<br />

does capture, the<br />

Regulations state that:<br />

� At least 15% must be reinvested <strong>for</strong> resource development of the WMA.<br />

� At least 50% must be given to member villages in the WMA.<br />

� At least 25% must be reinvested in strengthening the AA.<br />

The Regulations provide a leeway <strong>for</strong> the individual AAs to decide on the actual allocation within the<br />

above stipulated limits.”<br />

Source: Institute of Resource Assessment, Assessment and Evaluation of the Wildlife Management Areas in<br />

Tanzania, Ministry of Natural Resources and Tourism/Wildlife Division, United Republic of Tanzania,<br />

June 2007 (p.15–16)<br />

PRRGP INSTITUTIONAL MECHANISMS FOR REDD: CASE STUDIES – WORKING PAPER 51

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