legal, institutional & policy reform...

REGIONAL TECHNICAL ASSISTANCE FOR COASTAL AND MARINE RESOURCES MANAGEMENT AND POVERTY REDUCTION IN SOUTH ASIA (ADB RETA 5974) LEGAL, INSTITUTIONAL AND POLICY REFORM REPORT

– Sri Lanka Component

Asian Development Bank

IUCN - The World Conservation Union Sri Lanka

FEBRUARY 2003

Regional Technical Assistance for Coastal and Marine Resources Management and Poverty Reduction in South Asia (ADB RETA 5974) – LEGAL, INSTITUTIONAL & POLICY REFORM REPORT: Sri Lanka Component

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CONTENTS ACRONYMS, ABBREVIATIONS …… …… …… …. 02 1. INTRODUCTION …… …… …… …. 03 1.1 Scope and Task of the study …… …… …… …. 03 2. COASTAL AND MARINE ISSUES IN SRI LANKA …… …. 03

3. INSTITUTIONAL FRAMEWORK …… …… …. 05 3.1 National Level Institutions …… …… …… …. 05 3.2 National Institutions, their mandate and relevant legal enactment …… …. 06 3.3 Local Level Institutions …… …… …… …. 06 4. POLICY FRAMEWORK OPERATING COASTAL ZONE MANAGEMENT …. 07 4.1 Policy Initiatives …… …… …… …. 08 4.2 Coastal 2000 Recommendations …… …… …. 09 4.3 SAM Planning …… …… …… …. 09 4.4 13th Amendment to the Constitution …… …… …. 11 5. LEGAL FRAMEWORK …… …… …… …. 12 6. INTER RELATIONSHIP AMONG THE INSTITUTIONS ACROSS THE VARIOUS LEVELS OF GOVERNMENTS IN DEALING WITH CM ISSUES …… …. 14 7. INSTITUTIONAL, POLICY & REGULATORY ISSUES AND OTHER CONSTRAINTS THAT ACT AS BARRIERS TO EFFECTIVE & EFFICIENT COLLABORATIVE APPROACHES TO ICM …… …… …… …. 15 8. SITE SPECIFIC STUDY IN THE DISTRICT OF PUTTALAM …… …. 16 8.1 Major CM issues in the district …… …… …… …. 17 8.2 Institutional setup …… …… …… …. 18 8.3 Policy and Legal Issues …… …… …… …. 20 8.4 Pilot Sites …… …… …… …. 21 8.5 Major Issues …… …… …… …. 22 8.6 Village level organizations …… …… …… …. 23 9. CONCLUSIONS …… …… …… …. 23 10. RECOMMENDATIONS …… …… …… …. 24 11. SOME OBSERVATIONS/ RECOMMENDATONS RELATING TO PUTTLAM DISTRICT & THE PROJECT’ PILOT SITE …… …. 25 REFERENCES …… …… …… …. 28 APPENDIX I …… …… …… …. 30


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ACRONYMS & ABBREVIATIONS AGA Assistant Government Agent BOI Board of Investment CBO Community Base Organization CCA Coast Conservation Act CCB Coconut Cultivation Board CCD Coast Conservation Department CEA Central Environment Authority CEPOM Committees on Environmental Policy and Management CIEDP Committee on Integrating Environment and Development CFC Ceylon Fisheries Corporation CFHC Ceylon Fishery Harbours Corporation CRMP Coastal Resources Management Plan CTB Ceylon Tourist Board CZM Coastal Zone Management CZMP Coastal Zone Management Plan CIED Committee on Integrating Environment and Development DCS Department of Census & Statistics DS Divisional Secretariat DFAR Department of Fisheries and Aquatic Resources DWLC Department of Wild Life Conservation EIA Environmental Impact Assessment FD Forest Department FRP Fibre Reinforce Plastic GN Grama Niladhari GSMB Geological Survey and Mines Bureau HPA High Priority Areas HICZMP Hambantota Integrated Coastal Management Plan IEE Initial Environmental Examination ISB Industrial Service Bureau ICZM Integrated Coastal Zone Management LC Land Commissioner SLLRDC Sri Lanka Land Reclamation & Development Corporation ME & NR Ministry of Environment and Natural Resources MF & OR Ministry of Fisheries & Ocean Resources MPPA Marine Pollution Prevention Authority MFNWP Ministry of Fisheries of North Western Province NARA National Aquatic Resources Research & Development Agency NAQDA National Aquatic Development Authority NEA National Environment Act NEAP National Environment Action Plan NGO Non Governmental Organization NIF & NE National Institute of Fisheries and Nautical Engineering PAA Project Approving Agency PC & LG Provincial Councils & Local Government PSS Pradeshiya Sabha PPTA Project Preparatory Technical Assistance SAMP Special Area Management Plan UDA Urban Development Authority WDA Wayamba Development Authority


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1. INTRODUCTION Out of seven countries coming within the SAARC region, five countries India, Pakistan, Bangladesh, Maldives and Sri Lanka have extensive coastal areas. The rapid degradation of coastal habitats in these countries has drawn attention to the need for their conservation and rational management. All these countries except Bangladesh are participating in a Technical Assistance (TA) Project supported by the ADB with the overall objective of the promoting regional cooperation by strengthening the management of environmentally sensitive coastal and marine resource systems through an integrated coastal zone management (ICZM) approach. This paper attempts to provide basis for policy and institutional reforms for preparation of national and regional strategic plans for Sri Lanka under output 3 referred to above.1 1.1 Scope and Tasks of the Study The TA as a whole intends to provide an overall perspective of marine and coastal resources management in Sri Lanka. It also focuses on integrated coastal resources management and poverty reduction and their linkages. However, this particular study will confine itself to an analysis of policy, institutional, regulatory and other constrains that act as barriers to effective and efficient collaborative approaches to ICZM and to seek options available to address such constraints. The scope of this assignment is to “provide overall input and guidance to the compilation and analysis of issues relating to institutional as well as national and regional policy framework and legislative arrangements and develop recommendations for improved management of coastal and marine resources with a specific emphasis on identified High Priority Areas and provide required inputs in relation to the preparation of the national and regional strategic plans “ The specific tasks undertaken within this scope are as follows: i) Identify strengths and weaknesses of the current institutional and policy framework in Sri

Lanka for coastal and marine resources management. ii) Identify major national and local institutions responsible for each issue. iii) Describe and analyse how they are organized and their mandate with respect to the coastal

and marine sector. iv) Describe and analyse the inter relationships among the institutions across the various levels

of government in dealing with these issues. v) Review policy, institutional, regulatory and other constraints that act as barriers to effective

and efficient collaborative approaches to ICZM and opportunities to address such constraints. 2. COASTAL AND MARINE ISSUES IN SRI LANKA Sri Lanka is an island with land area of 65,610 sq.km, located at the southern tip of the Indian Peninsula. The coastal region of the country as defined by the Divisional Secretary Divisions (former AGA divisions) having a maritime boundary encompasses about 15,000 sq. km. This contains approximately 24 percent of country’s total land area and one third of the country’s population. Coastal Zone is commonly referred to as the interface or transitional space between two environmental domains, the land and the sea. As defined by the Coast Conservation Act No. 57 of 1981 the Coastal Zone comprises of the narrow belt of land extending up to 300m interior from the high water mark and the belt of sea along the coastline extending up to 2 km from the high water line. Along the estuaries and other water bodies, however, coastal zone extends up to 2 km inland. Like in most of the other countries in the region, coastal and marine resources in Sri Lanka are threatened by natural processes as well as human activities and interventions. 1 Prepared by Mr. A.P. Dainis in association with IUCN


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Every year severe erosion takes in the South and South West Coast causing severe damage to the country’s vital infrastructure such as railways, highways, the tourist industry infrastructure and private dwellings, land etc. Extraction of sand from rivers and beaches, and land reclamation in the coastal areas has aggravated the erosion as well as coastal environmental problems. As a result, millions of rupees, which could have been invested for the economic and social development of the country, have had to be spent annually in combating coastal erosion and in providing relief to those affected. Increasing industrialization and unplanned tourism on the Western and South Western coastal belt have resulted in environmental and resource degradation in coastal areas, which have critical implications on marine and coastal resources management. It was found that 61% industrial establishments and 70% tourist hotels are located in coastal D.S. divisions. Coastal land along the South and South West coast are being increasingly utilized for residential and industrial purposes and this unabated increase continues to intensify the pressure on important coastal habitats which have already dwindled to dangerously low level and are under constant threat of degradation. Mangrove is one of the most valuable coastal habitats which is important for lagoons productivity affected by unplanned development activities particularly for housing and urban development to the immediate north of Colombo and shrimp farming in the district of Puttalam. In addition mangroves are also felled by the communities for use as timber for construction and for use as fuel woods. It is estimated that as a result of these human activities the mangrove cover, which was 12,000 ha in 1986, has got reduced by around 50 % during the past few two and a half decades. Another serious issue in the coastal area is the pollution of the lagoonal and estuarine ecosystems due to oil and industrial and agricultural wastes have serious implications on the general environment of the coastal areas. Another closely connected issue with regard to these coastal water bodies are the changes, which have taken place in the salinity regimes as a result of upstream developments such as the construction of irrigation reservoirs and dams, which impacted on the freshwater flows into the coastal areas. The uncontrolled flow of agricultural waste /runoff is another factor impacting on the coastal waters. Coastal reef system which is an invaluable barrier against erosion as well as an important habitat for ornamental as well as food fishes and a resource which is important for the tourist industry continues to be under threat largely due to coral mining for the production of lime which still continues along the South, South West and East coast despite laws and regulations banning such activities. In addition, this ecosystem is also threatened by destructive fishing methods such as dynamiting, trammel fishing etc. If the current rate of depletion and destruction of coastal reefs continue, very soon most reefs will have been destroyed. Sea Grass Beds is another valuable coastal habitat, which is very sensitive to turbid water caused by pollution and sediments. Bottom trawling, drag netting and the collection and the collection of Polychaet worms are some of the activities which impact adversely on sea grass beds which are the important habitats for endangered marine species such as turtles and Dugongs (sea cows). production, livelihoods and the living conditions of the coastal communities. Dunes serve as protective barriers particularly during the storm condition, lowering of dune by mining has created access to decrease the effectiveness as barriers. Over exploitation of marine and coastal resources has created adverse impact on fisher communities. Aforesaid threats to marine and coastal habitats have wide ranging negative impacts and consequences on sea erosion environmental degradation, fish production, and livelihoods as well as the living conditions of the coastal communities. The majority of families living in coastal areas fall into the poorest category of the population. Their income has declined due to depleting resources, and inadequate opportunities for alternate income generative activities. They do not have proper housing and other basic amenities.


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In the context of the dire physical, social and economic consequences of the degradation of the coastal environment and its resources it is now being realised more than ever before the need for integrated coastal management to conserve, develop and sustainable use of coastal and marine resources. 3. INSTITUTIONAL FRAMEWORK There are number of institutions at national and local levels responsible for coastal and marine resource management. At the national level there are policy making bodies such as Ministry of Fisheries and Ocean Resources (MF & OR) and Ministry of Environment and Natural Resources (ME & NR), implementing agencies such as the CCD, FD & AR, NARA, DWLC & FD. At the provincial level there are Provincial Councils and at the local level there are Divisional Secretaries and Local Authorities. We also can find NGOs and CBOs at all level. 3.1 National level Institutions The overall responsibility for fisheries and coastal zone management lies with the MF & OR. Ocean resources include living and non-living coastal resources. However, non-living resources such as mineral and oil are still not coming under the purview this MF & OR. Within the Ministry there are two departments, Department of Fisheries & Aquatic Resources (DF & AR) and Department of Coast Conservation (CCD). DF & AR is responsible for implementing the Fisheries and Aquatic Resources Act. CCD is mandated with overall responsibility of implementing the provision in the Coast Conservation Act. National Aquatic Resources Research and Development Agency (NARA) of the Ministry handles the research pertaining to the fisheries and aquatic resources. Following organisational charts gives the department and statutory bodies coming under the MF & OR.

DFAR CCD

NARA NIF & NE

CFHC CEY-NOR

CFC NAQDA MPPA

Ministry of Environmental and Natural Resources (ME & NR) is responsible for the formulation of all policies at the national level in relation to environmental protection and management. The Central Environmental Authority (CEA) functions under ME & NR the other environmental related agencies under this Ministry being DWLC, Forest Department and the Geological Survey and Mines Bureau (GSMB). In addition to the departments and institutions coming under above two Ministries there are a number of other agencies such as Ceylon Tourist Board, UDA, Sri Lanka Land Reclamation and Development Corporation that are involved in coastal and marine resource management.

Ministry of F & OR


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Thus one of the main features impacting on coastal and marine resource management is the existence of large number of agencies, which have their respective mandates for different facets of coastal and marine resources management. There is no doubt that this is most salutary from the management perspective in view of the fact that almost all areas of importance relating to this sector are supposed to be adequately covered by such institutions and their respective legal mandates. However, in view of the considerable overlapping of functions leading to duplication of effort, this situation calls for a major effort in co-ordination and harmonizing their objectives and policies. In addition to the state institutions and agencies and the para statal bodies referred to above, there are also several bodies closely involved with the management of coastal and marine resources. Foremost among these are the Non-Governmental Organizations (NGOs) such as the Wild Life and Nature Protection Society of Sri Lanka, the Environment Foundation Ltd, Mihikatha Foundation and organizations and Fisheries Co-operative societies. There are other groups/associations representing the various economic activities prominent in coastal and marine areas particularly fisheries and coastal aquaculture such as Shrimp Farmers Association, Ornamental Fish Breeders Association, Multi-day Fishing Operators Association, Beach Seine Owners Association and the Small Fisher Folk Federation. There are also associations representing the tourism industry prominent among them being the Hoteliers Association. These private sector organizations and NGOs have assumed increasing significance in recent years. 3.2 National Institutions, their mandate and relevant legal enactment As the matrix below would indicate one of the most important features in regard to the management of coastal and marine environment and resources is that a number of line Ministries are directly involved in this process. In fact, the fifteen major national institutions referred to above fall under the purview of six different line Ministries. This itself makes the coordinating function even more complex and complicated. The organization of the institutions, their mandate and the relevant law are indicated in Appendix I. 3.3 Local Level Institutions Provincial Councils are in operation in five (5) of the provinces with a maritime boundary viz. Western, Southern, Eastern and Northern (for the time being these two operate as one single Council) and North Western areas. Under the 13th amendment of the Constitution, Provincial Council share power with the Center in a number of areas called “Concurrent Subjects”. These include subjects of importance in respect of coastal and marine resources such as fisheries other than fishing beyond territorial waters, development and control of the tourist industry within the province, protection of the environment, archaeological sites and remains other than those declared to be of national significance, protection of the environment and water storage and management, drainage and embankments, flood protection and planning of water resources. However it is noteworthy that the Provincial Councils have largely concentrated on the day-to-day conventional administrative work pertaining to the subject areas assigned to them and very little initiative has come from them to get actively involved in the subject areas like natural resource management. Perhaps the only important deviation from this is the adoption of a Provincial Environment Statute and the establishment of a Provincial Environmental Authority by the North Western Province (Wayamba). Although 13th Amendment to the Constitution was adopted in 1987, implementation has been weak. There are many reasons for that situation. One is confusion over the division of power between the central and provincial governments. Another reason is lack of technical capacity among the provincial staff. Still most of the Provincial Councils have not passed the statutes with respect to certain subject areas set out in the Provincial Council list. Up to now only NWP has passed statutes for subject of environment. The local level state institutions are the local government bodies in the coastal areas of the country, which are elected bodies and act on the basis of powers conferred on them by the Local Government Act and Ordinance. While they are involved in the maintenance of a cleaner environment through the


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disposal (not necessarily “management “) of solid waste, maintenance of drainage systems etc within their areas of jurisdiction, their involvement in coastal and marine resource management as such is almost non-existent. However it is encouraging to note that largely on the initiative of certain district and local level projects such as the Special Area Management Planning at Rekawa, Hikkaduwa, Mawella and Kudawella and Hambantota some of the local bodies (Pradeshiya Sabhas) have shown an interest and an inclination in participating in resource management interventions within their areas of jurisdiction. 4. POLICY FRAMEWORK OPERATING COASTAL ZONE MANAGEMENT The importance of protection and management of natural resources for environmentally sustainable development is now undisputed and universally accepted by governments, concerned organizations and communities. The government of Sri Lanka has also committed itself to the protection of environment as reflected in Section [27 (4), 28F] of the Constitution of the Democratic Socialist Republic of Sri Lanka. This constitutional provision affirms the government commitment to protect, preserve and improve the environment for the benefit of the community and highlights the duty of every citizen in the country to protect the nature and its riches. Responsibility for the management of coastal and marine resources is split between a number of Ministries at different level with variation between different areas. However, two Ministries namely, Ministry of Environment and Natural Resources and the Ministry of Fisheries and Ocean Resources have the main responsibility for the formulation of National Policies for conservation and management of coastal and marine resources. The National Environment Act (NEA) No. 47 of 1980 constitutes the first comprehensive piece of legislation on environmental management in Sri Lanka. Central Environmental Authority (CEA), which falls under purview of ME & NR at present, was established under the NEA to function as a policy formulation and co-ordination body for environmental management. Revision of the NEA in 1988 empowered the CEA to overcome the problem of inadequate institutional capability and regulatory authority by providing to it stringent legal provisions to control environmental pollution and to mitigate the adverse impact of development activities. The creation of a separate Ministry for environmental affairs in 1990 can be considered as a landmark in so far as the management of environmental resources is concerned. Today, ME & NR functions as a focal point for the development and management of natural resources of the country. National Environment Act and National Environmental Action Plan (NEAP) can be considered as major policy initiatives on natural resource management and directly impinges on coastal and marine resources as well. Fauna and Flora Protection Ordinance No. 2 of 1937 and its subsequent amendments allow the declaration of protected areas for the conservation of plants, animals, ecosystem and gives protection to all marine mammals and reptiles. Miners and Mineral Act No. 33 of 1992 allows exploration for mining, transportation, processing and trade of minerals only under license. ME & NR has identified five critical environmental issues facing Sri Lanka in consultation with key stakeholders in the sector. These are as follows: i) Land degradation, mainly due to soil erosion ii) Haphazard waste disposal iii) Loss of biodiversity iv) Inland water pollution v) Depletion of coastal resources It is noteworthy that while issue no: v above refers directly to the problems in the coastal sector all other issues (I to IV) directly or indirectly contribute towards coastal and marine resource degradation and have impacts on the coastal and marine environment.


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The line Ministry having the responsibility for the specific area of coastal and marine resources is the MFOR. Since 1970 Sri Lanka has had a separate Ministry for Fisheries, its mandate and responsibility has been progressively enlarged and broadened over the past three decades. In 1988 it was re-named the Ministry of Fisheries and Aquatic Resources, in 1994 further re-named as the Ministry of Fisheries and Aquatic Resources Developed and in 2001 the subject of Ocean Resources was added and re-named MFOR. 4.1 Policy Initiatives Policy initiatives taken by MF & OR and its predecessors in relation to coastal and marine resources management in the recent past are given below. i) Establishment of the Coast Conservation Division within the Ministry of Fisheries - 1978 ii) Enactment of Coast Conservation Act No. 57 of 1981 iii) Establishment of the National Aquatic Resources Research and Development Agency

(NARA), 1981 iv) Upgrading of Coast Conservation Division to a Department, 1984 v) Gazetting of the Regulations under CCA to implement the regulation of coastal development

activities, 1983 vi) Adoption of Master Plan for Coastal Erosion Management, 1986 vii) Amendment to Coast Conservation Act, 1988 viii) Preparation of the Coastal Zone Management Plan 1989 adopted by Cabinet of Ministers in

1990 ix) Publication of Coastal 2000; Recommendation for a management strategy for Sri Lanka’s

Coastal Region. Policies adopted by the Cabinet of Ministers – 1990 x) Special Area Management Plans adopted in Hikkaduwa & Rekawa xi) Enactment of the Fisheries and Aquatic Resources Act, 1996 xii) Establishment of the National Aquaculture Development Authority, 1996 xiii) Revised Coastal Management Plan 1997 xiv) Six Year Development Plan of the Ministry of Fisheries (1999 – 2005) xv) National Fisheries Policy & Development Plan 2002 – M/F & OR In addition to above several other policy which have some bearing on coastal and marine resource management have also been taken by agencies such as the Urban Development Authority, Tourist Board and Irrigation Department etc. Urban Development Act No. 41 of 1978 provides for preparation of development plans for designated urban areas including those in the coastal region. Irrigation Ordinance No. 32 of 1946 and its subsequent amendments consolidate the laws relating to irrigation including those in the coastal region. The first attempt to coordinate coastal management activities was made when the subject of coastal protection was entrusted with the Colombo Port Commission in 1964. However, the first major attempts at systematic coastal resources management in Sri Lanka commenced in 1980 with setting up of the Coast Conservation Department and enactment of the Coast Conservation Act No. 57 of 1981. It provides legal basis as well as policy framework for coastal resource management in Sri Lanka. The framework for Coastal Zone Management of Sri Lanka is provided in the Coastal Zone Management Plan prepared by CCD in terms of CCA No. 57 of 1981. Initial Costal Zone Management Plan (CZMP) prepared in 1989 by CCD and adopted in 1990 focused on three major areas;

Coast Conservation Conservation of natural coastal habitats and


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Conservation of cultural, religious and historic sites and areas of scenic and recreational value.

It outlined the policies & strategies for providing greater management emphasis to historic, archaeological and scenic sites and habitats in the coastal areas. However, primary management emphasis was mainly confined to coastal erosion control particularly, South West Coast of the country. The strategies for managing coastal erosion heavily relied on regulation, education and development of coast protection works. Since then coastal zone management strategy has shifted towards the concept of integrated coastal zone management (ICZM)is a process whereby the agencies and stakeholders/communities act in harmony in order to ensure the accomplishment of accepted objectives concomitantly resolving conflicts and ensuring better management of resources. In early 1990s, the joint efforts of the Coast Conservation Department and the University of Rhode Island in this direction culminated in Coastal 2000; Recommendations for a Management Strategy for Sri Lanka’s Coastal Region which approved by the Cabinet of Ministers and since then provided guidance for the integrated coastal zone management process in Sri Lanka. 4.2 Coastal 2000 Recommendations Some of the principal strategies suggested in this policy document include:

The replacement of sectoral approaches to solving CZM problems by a more comprehensive perspective

The development of Special Area Management Schemes (SAMS) for specific geographic sites of ecological and economic significance

The development of monitoring and research programme to find answers to specific CZM problems

The prioritisation of public awareness and education concerning CZM issues Coastal 2000 is undoubtedly an impressive array of policy directions that are expected to address many of the predominant resource management issues in the coastal region. It calls for a decentralised and participatory approach to the management of coastal resources. It urges coastal communities to work with local and national government agencies to develop and implement management plans for the sustainable use of resources within a defined geographic setting. Based on the recommendation of Coastal 2000, CCD designated two sites of Hikkaduwa and Rekawa to introduce concept of SAM planning on pilot basis in 1991. In 1992 the CCD commenced implementation of the SAMP process with the technical and financial assistance of the USAID funded Coastal Resources Management Project (CRMP). The basic premise of the SAMP process is that it is possible to organize local communities in order to manage their natural resources on a planned basis and that they will continue to do so if they perceive the availability of opportunities to derive tangible benefits through such resource management. The planners and concerned agencies are expected to play a catalytic role by providing the requisite financial and technical support to the communities to implement the projects and programmes. 4.3 SAM Planning The SAMP planning process at Rekawa and Hikkaduwa was the pioneering effort in community based coastal and marine resource management in Sri Lanka. The reviews of the SAMP process at Rekawa (Lowrey 1997) have found that it was successful from the perspectives of community participation, raising of community awareness on the local resource issues, contribution made towards the provision of alternative livelihoods to those groups responsible for abuse of natural resources (sea coral, mangroves). Among the more important Factors which contributed to the success of the SAMP process at Rekawa are :


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The organization and the deployment of a group of catalysts selected from the area to mobilise community support and raise awareness on natural resource issues;

Formation of an apex organization (Rekawa Development Foundation) incorporating community based organizations representing the constituent Grama Sevaka Divisions;

Addressing socio-economic issues (such as alternative livelihoods, poverty reduction etc) and coastal and marine environmental issues on a concomitant basis);

The effective catalytic role-played by state agencies such as Divisional Secretariats and Pradeshiya Sabhas and national level agencies such as the CCD and CRMP in the SAM process;

Involvement of resource abusers as a custodian of the resource; The CZMP updated in 1997 focused on the issues of coastal erosion, conservation of coastal habitats, and sites of archeological cultural recreational value in the coastal zone. An important innovation in the 1997 CZMP was the emphasis placed on the formulation and implementation of Special Area Management Plans (SAM Plans) as an instrument for promoting the participation of coastal communities in coastal resource management and the extension of the scope to include coastal pollution, which had by this time emerged as a major issue. This plan identified 23 sites for SAM planning. Introduction of SAM planning to CZM, which is based on the community participatory approach was a major shift in coastal resources management strategy, hitherto adopted which was based on top-down approach to planning and management. Currently MF & OR is implementing Coastal Resource Management Project (CRMP) with funding from ADB. This project has five major components namely: i) Coastal Stabilization ii) Coastal Environment & Resource Management (CERM) iii) Fisheries Management and Fish Quality Improvement iv) Social Mobilization and Livelihood Development v) Institutional Strengthening Under the CERM component project has extended the SAM process to several sites on the coastal belt namely the Bar Reef (Kalpitiya), Negombo estuary, Muthurajawela marsh, Lunawa lagoon, Madu-Ganga estuary, Hikkaduwa Nature Reservoir, Unawatuna Bay, Mawela and Kalametiya lagoon to enhance the sustainability of coastal resources and ultimately reduce the environmental degradation in these sites. There are multitude of institutions and agencies at different levels of authority, which are directly or indirectly involved in different facets development, and management of coastal resources. These include the Department of Fisheries and Aquatic Resources, Coast Conservation Department, NARA, NAQDA and MPPA all of which come under the purview of the Ministry of Fisheries and Ocean Resources. Among other relevant agencies are which come under the purview Ministry of Environment and Natural Resources viz. Forest Department, DWLC, Geological Survey and Mines Bureau. In order to resolve the conflicts and issues of various agencies involved in environmental affairs MF & NR has established eight Committees on Environment Policy and Management (CEPOMs) that are linked to an apex Committee on Integrating Environment and Development (CIEDP). There is one such committee for coastal and marine affairs. These CEPOMs are expected to strengthen the co-operation and co-ordination among public and private sector agencies as well as NGOs and CBOs for implementing the relevant environmental plans and programmes. National Environment Policy renews the commitment of the government to effectively manage the environment for the benefits, present and future generation in partnership with the people. During past two decades the economic and administrative policies of the government have undergone rapid changes with the introduction of open economic system. With this the overarching role of the government gave way to greater role to the private sector as the engine of growth and was encouraged undertake major investment for economic development. However the government has also recognized that it has a major role as the trustee and guardian of natural resources in the


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national interest. This makes the need for more effective management of coastal and marine resources since the bulk of the development activities are likely to take place in the coastal and marine sector. There is therefore a greater need to ensure that such activities do not have adverse impacts on the coastal and marine resources and the environment. The Environmental Impact Assessment process is becoming more relevant and the institutions such as Ministry of Policy Development and Implementation will have to play a major role in the sanctioning of investment projects. 4.4 13th Amendment to the Constitution Another major change of policy affecting coastal and marine resources came with the introduction of the 13th Amendment to the Constitution. This paved the way for the establishment of Provincial Councils for each of the Administrative Provinces. The system of Provincial Councils was introduced in 1987 primarily as a solution to the ethnic problems of the country that prevailed over a long period of time. Since then devolution of power from centre to peripheries has been accepted as a strategy to accelerate the development process as well as to reduce the regional imbalances in the country. Provincial Councils were vested with certain legislative and executive powers through the Governor appointed by the President and the demarcation of powers between the center and the peripheries were set out in the 9th Schedule of the 13th Amendment in three lists as given below :

List I - contains the subjects to be devolved to the Provincial Councils; List II - the subject reserved for the Central Government; List III - subjects to be shared by both Centre and Province (concurrent list);

Article 154 G (i) empowers the Provincial Council to make statutes applicable to the provinces to which it is established with respect to any matter set out in the Provincial Councils list. Article 154 G5 (b) empowers a Provincial Council to make statutes with respect to matters given in the concurrent list after such consultants with Parliament as it may consider appropriate. Subject of environmental protection is placed on the concurrent list as well as on the provincial list. Both Provincial Councils and Parliament can legislate on matters on concurrent list provided it is done in consultation with each other. Although coast and coast conservation is not mentioned in the devolved list or concurrent list and is assumed to be a reserved subject of the Central Government. According to the new draft constitutional proposal published by the government in 1997, there is no concurrent list and all the subjects are grouped under the reserved list and regional list. Fisheries, marine and aquatic resources within territorial waters, excluding rights relating to traditional migratory fishing in territorial waters come under proposed regional list. The policy of the new government also is to establish five economic zones in the country and progressively devolve the powers and functions to these Zones. The thinking behind both Provincial Councils and the proposed devolution packages is that peripheral units ought to have a stronger voice in the formulation of strategies to manage the financial, human and natural resources of their areas. Thus in the future it is envisaged that these peripheral units will be called upon to play a vital role in the formulation and implementation of policies on coastal and marine’s resources management. Before establishment of Provincial councils delegation of powers was mainly from the centre to Government Agent (present District Secretaries) and his officers. At present any delegation or decentralization will have to be to the provinces. Hence CCD has to establish effective working arrangements with Provincial Councils and Local Authorities to implement plans and programmes. The development of fisheries sector in Sri Lanka has contributed considerably to the economic development of the country through an increase in the supply of fish, creation of employment opportunities and also in earning valuable foreign exchange. Despite these accomplishments fisheries development has led to severe pressures and adverse impacts on the coastal and marine resources and the environment such as the over exploitation of resources through the use of


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numerous environmental and resource destructive fishing practices, Coastal and marine pollution through the indiscriminate disposal of waste oil and fish offal from the boats, damage caused to mangroves by clearing mangrove patches for shrimp farms etc. conflicts among fishers using different gears, habitat and environment degradations have been continuing. The fishery development policies in the recent past, particularly the Policy Guidelines (1994) and Six Year Fisheries Development Plan (1999-2004) attempted to address these issues through a set of policies measures and strategies such as “Development of a national programme for the exploitation of the aquatic resources on a sustainable basis”, “Manage and Conserve the coastal environment by regulating and controlling development activities within the coastal zone” etc. In addition, the section on “Coast Conservation and Environmental Protection” of the Six-Year Development Plan of the Fisheries Ministry referred to the following as measures which need to be adopted in support of coastal zone management for sustainable development of coastal and marine resources.

Provision and delivery of engineering services for coast protection. Regulation of development activities within the coastal zone. Educate and create awareness about coastal environment. Developer of vulnerable coastal sites.

Protection of fisheries and ocean resources is shown in the national policy and development plan as one of priority areas of the Ministry. In the past, policy of the ministry was attuned more towards increasing fish production by providing necessary mechanized boats, fishing nets and other equipment by providing subsidies and credit facilities. The ministry also had as one of its priorities the improvement of the living condition of fishing community. No meaningful attempts have been made to manage the fishery resources. As a result, the number of fishermen and fishing units increased thereby causing severe problems of over exploitation of coastal and marine resources. The competition between fishery resource users has led to the use of resource and habitat destructive practices and user conflicts. This situation compelled the Ministry to change its policies towards more sustainable development. These include the phasing out of the producer subsidies to reduce the pressure on coastal fishing, diversifying the fishing effort by promoting the expansion of offshore fishing through the provision of better infrastructure such as harbours and anchorages and amendment of existing laws to protect habitats. National Policy and Development Plan 2002 has emphasized the need to stop destructive fishing practices such as dynamiting. In the context of the non-availability of resource data the Ministry has adopted the "Precautionary Approach" as advised by the FAO in its "Code of Conduct". The development of inland fisheries was also another means of increasing fish production whilst containing the pressure on coastal fisheries. The Ministry also has adopted policies to provide alternative employment opportunities among coastal/fisher communities to wean away the excess fishing population particularly in fisheries, which are facing resource constraints. Awareness programmes have been conducted to educate fishermen on the importance of fisheries management. International pressure from donor agencies and local NGOs and community-based organisation also influenced the policies of the Ministry to greater extend towards of needs for management of coastal and marine resources in a sustainable way. 5. LEGAL FRAMEWORK The government came into power in 1977 changed the economic climate of the country introducing open economic policies in order to attract investments and to accelerate economic development. The new development strategies resulted in a spate of construction activities and in the establishment of hotels and tourism related facilities, which created several environmental problem that which necessitated new legal measures to control and mitigate such problems. Thus most of the legal enactments and connected regulations directed towards coastal zone management came to be introduced after 1977. These laws are as follows :


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The Urban Development Authority Law No. 41 of 1978 was enacted to control and manage the physical development of the areas, which came under the jurisdiction of the Act. The Greater Colombo Economic Commission Law No. 4 of 1978 vested in the Commission the authority for the development of designated areas. The National Environment Act of 1980 mandated the CEA with the responsibility for the formulation and implementation of the environmental policy of the country. The Maritime Pollution Prevention Act No. 59 of 1981 conferred on the Marine Pollution Prevention Authority the power to prevent, reduce and control pollution in the marine waters. The Natural Resources Energy and Science Authority of Sri Lanka Act No. 78 of 1981 gave authority to protect and develop natural resources of the country. National Aquatic Resources Research and Development Agency Act No. 54 of 1981 vested the Authority with the responsibility for research management, development and regulation of aquatic resources of the country.

The Coast Conservation Act No. 51 of 1981 established the legal basis for coastal area

management and gave responsibility for CCD to in respect of the following:

i) Undertake surveys and research to describe the conditions in the coastal zone ii) Prepare and periodically update the Coastal Zone Management Plan (CZMP) iii) Regulate and control the development activities within coastal zone iv) Formulate and execute work for coastal protection and conservation

CCA was amended in 1988 Act No. 64 – 1988) to rectify certain identified shortcomings and

to strengthen the Act in important areas of enforcement thus making it more effective. Based on the provisions of the CCA the Department of Coast Conservation has developed measures to fulfill its obligations. The more important them are the:

i) Permit system through which it ensures that the development activities implemented

within the coastal zone are not in conflict with the protection of the coast and the conservation of resources within the coastal zone

ii) Designation and Implementation of a Set-Back area iii) Use of the Environmental Assessment Procedures in approving development projects Since the implementation capacity of the CCD is limited some of its powers had necessarily to be delegated other agencies. Under the principal enactment such delegation was restricted to the Government Agents (Present District Secretaries) in charge of administrative districts. However later with the amendment of the Act, this was extended to other Departments and agencies including the Police. Police officers are given powers of seizure of equipment or materials used for unauthorised activities including vehicles used for illegal transport of sand, coral etc. Provision is also made to demolish unauthorised structures and kilns used for processing lime from corals. However the experience in enforcing the law during the past one and a half decades has highlighted a number of deficiencies. One such area is that the coastal zone as defined in the Act includes only the water portion of lagoons and estuaries. This limitation seriously affects CCD’s powers to institute integrated management plans for these ecologically sensitive areas. In addition, much of what happens outside the narrow coastal zone can have grave and adverse impacts on the coastal zone. A further shortcoming is the lack of necessary provisions to empower the communities (particularly Community Coordinating Committees set up under the SAM process). The Department has therefore initiated action to get the law amended to overcome these shortcomings. Other legal enactments relevant to coastal resource management, the principal agencies involved and their mandates were given in the matrix in section 3.2 .


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6. INTER RELATIONSHIP AMONG THE INSTITUTIONS ACROSS VARIOUS LEVELS OF GOVERNMENT IN DEALING WITH THESE ISSUES.

Several fora at the national level, which bring together the institutions involved in resource management, in this specific case in the management of coastal and marine resources, can be identified. The more important among them are the :

1. An important mechanism is the establishment of Advisory Committees in the Departments

and Ministries, which are expected to advise the Minister in matters of policy. The composition of these Committees are set out in the concerned Acts and require that all or most other key institutions connected with its activities find representation on the Committee ensures that the views of those agencies and institutions that matter are taken duly considered.

2. Another important intervention at the National Planning promoting coordination used to be the

involvement of the National Planning Department particularly at the stage of determining annual budgetary allocations to institutions and in the appraisal of projects in a sectoral context. This intervention was a most salutary one and had a positive effect on policy harmonization with a broad sector such as coastal and marine resources and led to avoidance of policy conflicts and activity overlaps. However this kind of external intervention appears to be on the wane and there is an urgent need to resurrect them with greater vigor if Integrated Coastal Zone Management is to succeed in Sri Lanka.

3. The Governing Boards or the Director Boards of the statutory institutions concerned is

another mechanism, which ensures inter-agency coordination. These are policy-making bodies and concomitantly monitor the activities of the institution. The Acts/Laws which bring these institutions into being lay down the composition of the Governing Boards and require that like in the case of Advisory Committees all or most other key institutions connected with its activities are represented on the Board.

4. There are in addition other sector working groups/steering committees which are expected to

look into specific issues in the area of coastal and marine resources and all institutions as well as interests are represented. A good example was the Sectoral Committee on Coastal and Marine Affairs, which was appointed by the Ministry of Environment when it formulated the National Environment Action Plan (NEAP).

5. It is also customary for institutions to make use of inter-agency working groups when it is

required to study certain issues at length or in depth. A good case in point is the series of seven Working Groups appointed by the Department of Coast Conservation recently to discuss all issues relevant to the seven chapters of the Coastal Zone Management Plan currently being updated. These chapters concerned with Coastal Erosion, Coastal Habitats, Coastal Pollution, Archaeological and Scenic Sites within the coastal zone, Coastal Fisheries and aquaculture, Special Area Management Planning (SAMP) and Regulatory Mechanisms used representatives of all institutions concerned with the particular subject. In addition to the resulting Plan being a well-considered document, it will also carry the “ownership consciousness“ of the institutions concerned, which will be a great help to the CCD in the stages of implementation.

6. Other opportunities are also provided to the institutions concerned to participate in a

consultative process through the implementation of project focusing on a particular geographic area or a “specialized subject area”. An example of projects in the first category is the Hambantota Integrated Coastal Zone Management Project (HICZMP), which had the primary objective of attempting a pro-active management approach as far as the environment and the resources of the coastal areas of the Hambantota district, was concerned. This project had two Steering Committees one at the National Level, which included senior representatives of all agencies and institutions having an important responsibility for coastal zone management. In addition there was a district level Coordinating Committee chaired by


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the District Secretary (the Administrative Head of the District) and included the Divisional Secretaries of all four coastal divisions, and the district representatives of all the institutions involved. Another feature was the inclusion of the key community based organizations in the district and the District Chamber of Commerce, which represented the private sector.

7. There are other institutional arrangements at a local level. At the Divisional Secretary Division

level an effective arrangement is the Forestry and Environment Advisory Committee, which is co-chaired by the Divisional Secretary and the Chairman of the Pradeshiya Sabha (the political head of the Division) with the representatives of all the institutions concerned with environment (including fisheries, wild life, forestry, and public health).

8. Environmental Impact Assessment (EIA) process is another avenue, which promotes

collective action on the part of the institutions. Since the repercussions could be serious if a wrong decision were to be taken the institutions take the EIA process more seriously.

7. INSTITUTIONAL, POLICY AND REGULATORY ISSUES AND OTHER

CONSTRAINS THAT ACT AS BARRIERS TO EFFECTIVE AND EFFICIENT COLLABORATIVE APPROACHES TO ICM

The existence of a large number of autonomous agencies having powers and responsibilities over various aspects of coastal and marine resources on account of their legal mandates complicates the coastal and marine resource management process. The development of irrigation schemes particularly in the deep south has led to radical changes in the salinity regimes of some of the lagoons and thus affecting the livelihoods of the lagoon. Threats to lagoons in South West coastal have got exacerbated due to destruction of mangroves to set up shrimp farms and for construction of tourist hotels. This situation invariably leads to conflicts among the agencies and confusion among the stakeholders. The numerous reviews carried out in recent time have pinpointed the fact that there is a lack of consistency with regard to unilateral actions or policies implemented by several key institutions involved with coastal and marine resources management. As Karunaratne (Legal Issues for Coastal and Fisheries Resources Management PPTA Volume II) has pointed out there are numerous instances of overlapping of legal mandates and quite a number of instances of conflicting legal provisions. Regulation under FAR Act with regard to aquaculture is valid and enforceable even now, though the NAQDA Act has been enforce for nearly three years. A classic example of ambiguities in the mandates of institutions and the responsibilities is the Ministry of Fisheries and Ocean Resources. An examination of the list of functions assigned to the Ministry of Fisheries and Ocean Resources (Gazette Extraordinary dated 20/12/2001) makes it patently clear that the Ministry has no responsibilities worthy of mention in the realm of ocean resources and all the 18 functions listed therein have anything to do other than with fisheries. This ambiguity seems to have created some confusion among the institutions and could delay certain urgently needed measures in the realm of Ocean Affairs. On the other hand, some of the laws do not provide sufficient teeth to the agencies concerned in order to carry out the regulatory responsibilities expected of them. For example, provisions under the Coast Conservation Act are limited to a very narrow strip of land and thus debar the CCD from exerting any influence over the activities outside this strip that causes considerable adverse impacts on the coastal resources and marine environment. The more important of such activities relate to sand mining in the rivers outside the 2 km limit, limekiln operations conducted outside 2km and destruction of mangroves. Though there is a plethora of laws and regulations in the realm of coastal and marine resources as would be seen from the matrix above, their enforcement has been far from satisfactory. According to the available figures around 50% of prawn farmers in Puttalam district are engaged in illegal farming causing environment pollution and destruction of the eco-system. Though several reasons such lack of political commitment, which often demoralizes and weakens the capabilities of enforcement officers are adduced for this it yet remains true that the enforcement capacity of the institution itself is quite weak. Resources necessary for effective enforcement, particularly trained manpower, are not


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available within the institutions. Further the Police are too involved in their own day-to-day work to conduct raids in coastal management matters or are pressurized by local politicians to desist from taking action to bring the criminals to book. One of the solutions tried out by the Ministry of Fisheries in this context is the establishment of a Coast Guard Service which was expected to assist the Department of Fisheries and the Department of Coast Conservation in checking and preventing illegal activities such as the use of resource destructive fishing practices (such as dynamiting which in addition to destroying fish stocks damages the fish habitats such as the reefs) and conducting monitoring, control and surveillance (MCS) activities in the sea as well as the illegal constructions within the “ no build “ areas of the coastal zone. However, even after several years, it has woefully failed to develop into an effective force largely due to factors such as weak recruitment and selection procedures, lack of proper training and the non-availability of equipment and the wherewithal required. Even where wrong doers have been identified and arraigned, prosecutions often fail on trivial technical grounds due to weak prosecutions. Additionally, there is lack of evidence since largely due to inadequate awareness on the part of the general public on the serious consequences of resource degrading actions of the miscreants. There is also the general lack of civic consciousness on the part of the general public as a result of which only a very few can be persuaded to come forward to give evidence. This makes it necessary for vigorous awareness campaigns on the importance of management of coastal and marine resources directed at all sections of the society. It has been found that a considerable number of officials in the concerned agencies, particularly in the middle and the lower rungs, do not have a clear understanding of their roles. The result is that some tasks are not performed by any agencies, or in the other extreme, too many agencies attempt to perform the same task. An example is ambiguity in regard to the control of encroachments of coastal land where the Divisional Secretariat, the Ministry of Land, the local bodies and even the CCD has some role to play. Poverty among coastal communities acts as a major barrier to resource management. Income earning capacities of poor fisher folk has been adversely affected by the exploitation of the fisher folk and other coastal resource users by the middlemen, village moneylenders and by the boat owners. In addition, in accessing resources the poorer groups are in a disadvantaged position as a result of the “survival of the fittest“ in a situation of the open access scenario, which is common in coastal or lagoonal fisheries. The coastal communities are not sufficiently aware of the link between the eco-system and their own livelihoods with the result that they do not have cohesive and active organizations capable of influencing the decisions of the policy makers. As a result, the level of participation of the communities in management has been inadequate. This has partly contributed to the reluctance of the authorities to bestow legal powers on these communities. The communities consider this non-empowerment to be a major impediment to the management of coastal and marine resources. The country is blessed with an impressive planning system for coastal and marine resources at a national level as evidenced from the Coastal Zone Management Plan of the CCD. However, what is woefully lacking is that this has yet to percolate down to either Provincial of District Levels. One attempt in this direction was the Hambantota Integrated Coastal Zone Management Project, which has been replicated so far in other areas. Another major issue is the non-dissemination of information and data required for planning purposes among the users at the national as well as provincial, district and local levels despite the existence of a vast wealth of data and information collected at considerable cost. It appears that much some of this not available in a user-friendly form to the planners, policy and coast zone management practitioners. 8. SITE SPECIFIC STUDY IN THE DISTRICT OF PUTTALAM Sri Lanka has identified the administrative district of Puttalam as the project area for the purpose of preparing ICZM Plan under the ADBRETA. Puttalam lagoon is the primary focus of the project and Divisional Secretariats of Vanathawilluwa, Puttalam and Kalpitiya, which about the lagoon have been


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selected as the core area in view of their ecological significance and their relevance. Of these three Vanathawilluwa has been selected for pilot testing and this will carried in three of its villages viz. Karaithivu, Serakkuliya and Gangewadiya. It may be noted that Bar Reef (off Kalpitiya) area is being covered by the on going ADB/Netherlands funded CRMP while Mundel areas was earlier studied under a SAREC funded project. Accordingly, Divisional Secretariats of Vanathawilluwa, Puttalam and Kalpitiya have been selected as core areas for ICZM in the District concentrating on Puttalam lagoon and pilot testing will be carried out in the villages of Karaithivu, Serakkuliya and Gangewadiya in Vanathawilluwa D.S. Division. Puttalam District is located on the North Western coast of the country and extends from the Maha Oya on its southernmost extremity to Vanathawilluwa in the north, the length of the coastline being 206 km. The total area of the district excluding inland waters is 3013 sq.km while the population was estimated at 705,342 (DCS – 2001). The majority of the population is dependent on agriculture and fishing for their sustenance. Distribution of ethnicity in the district of Puttalam as per cense in 2001 is given below.

Sinhala Tamil Muslim Malay & others

73.8 7.2 18.7 0.3 8.1 Major CM Issues There has been a significant change in the utilization pattern in respect of the natural resources in the district of Puttalam within the past one and a half decades. This refers to the lagoon as well as the coastal land resources. The major issues identified in the district are:

Adverse environmental and social impacts of commercial shrimp farming. The shrimp industry in Sri Lanka first commenced in Batticoloa on a very modest scale in 1970s. Later on, from around mid-eighties shrimp farming was introduced to the Chilaw-Puttalam area. It gradually grew in the late eighties until it recorded a phenomenal expansion in the nineties in terms of the number of farms as well as the extent of land are brought under this activity. While there were around 60 shrimp farms in the district of Puttalam in 1990 with an extent of 405 ha, this number had increased to 1344 with a total extent of around 3900 ha by 1999. Most of the farms were established in the district without the necessary authorization. A large number has been set up in mangrove areas and by encroaching into lagoon and canal reservations. The size of the farms, the number of farm units and their standing in terms of approval/sanctioning is given in the table below.

Size Authorized Land Extent Unauthorized Land Extent > 2 ha 2 – 4 ha 4 – 10 ha 10 – 20 ha 20.1 <

491102603416

547.4370.8364.4

413688.3

525783206

-

792.7414.6275.3

73-

Total 903 2384.0 641 1555.6Source – Policy Guidelines for the Development of Shrimp Farming in Sri Lanka – C-Fernando – 2002 According to the information available with the D.S. office at Vanathawilluwa, 44 shrimp farms are operating with an area of 826 acres of land within that division along. It is noteworthy that the D.S. has approved the ownership of land only in the case of 38 applicants while the other developers have not even taken the trouble to obtain the certificate in respect of land ownership. D.S. is also not fully aware whether the developers have obtained the approval from the relevant authority to establish farms. However, it is an open secret that the non-approved farms are operating with the blessing of powerful politicians and the owners are quite unconcerned about the administrative and legal procedures and environmental issues. It is observed that even the legally approved farms do not


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always comply with the required environmental standards and the conditions of approval. An analysis of ownership has also revealed that most of these shrimp farms are operated by parties who are outsiders to the area and have hardly any interest in protecting the environment in the Puttalam district. Despite the importance of shrimp farming from the national perspective particularly foreign exchange earnings the unplanned expansion of the industry has brought in its train a series of adverse impacts both environmental and social. Some of the environmental impacts are given below:

Deterioration of lagoon productivity Damage critical habitats Increased pressure on fisheries of lagoon Pollution of Lagoon Water

Thus the expectations of the local communities may have had in regard to benefits of shrimp farming have not been realized. This is so particularly since the employment opportunities provided to the local communities have been very modest to say the least.

Deterioration of lagoon productivity The past few years also witnessed a deterioration of the productivity of the lagoon as reflected in the estimates of lagoon fish production. This is a matter of great concern since around 40% of the people who live around the lagoon are either solely or largely dependent on fishing for their livelihood and sustenance. The pollution of the lagoon from wastewater released from the shrimp farms as well as the destruction of mangroves are responsible for this reduced lagoon productivity.

Damage critical habitats – degradation of mangroves and salt marshes

The area has also seen a reduction in its mangrove cover in recent years. Mangrove forests have also been converted to shrimp farms on a fairly considerable scale. According to Steel (1997), one third of shrimp farms in Puttalam District were established on former mangrove stretches; the extent of mangroves thus converted has been estimated 600 ha. As stated above depletion mangroves has led to adverse impacts on the ecosystem and a reduction in the productivity of the lagoon, which is an important breeding ground for wild shrimps and fish. As a result a large number of fishers living around the lagoon are estimated to have lost their traditional livelihoods.

Increased pressure on fisheries of lagoon

In the early 1980s there had been 350 FRP boats in Puttalam lagoon (The case of CZM in the District of Puttalam) and this has as of now increased to around 1500. Despite this, the fish harvest in the lagoon has got reduced. According to recent research findings (Dr. Jayakody) while the fish catch in the Puttalam lagoon was 4800 metric tons in 1997 it is projected that it will be further reduced around 3,800 mt in 2003. This indicates that increases fishing efforts has increased the pressure on lagoon fish stocks and that the sustainable limits may have been exceeded. The increase effort also appears to have caused conflicts among the resource users. Pollution of Lagoon Water

Pollution of the lagoon water is largely due to factors such as the direct discharging of shrimp farm effluent to the lagoon, flow of agriculture run off connected with the intensive use of agrochemicals for commercial agriculture.

8.2 Institutional Set up There are a large number of institutions and agencies at national level and provincial level involved in CZM activities in the district of Puttalam.


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The following Central Government agencies are mainly responsible for CZM activities as given below.

Institution District Office Major Function involved in CZM

CCD There is no representative office in the district. Some powers have been delegated to District Secretary & Divisional Secretaries

Carrying out surveys of the coastal zone and inventorizing of resources, preparation of CZM plans, regulation and controlling of development permits and enforcement of setback standards, coastal protection.

DFAR

Assistant Director in Puttalam and Fisheries Inspector to service a cluster of villages

Administration, development, regulation and monitoring of fishery and aquatic resources

NAQDA

Has a Brackish water station at Pambala

Aquaculture Development, export promotion and planning

NARA

Has a regional station at Kalpitiya

Conduct research in aquatic resources & dissemination of information

CEA

Has an Environmental Development Assistants (EDAs) in each DS Division

Management and protection of Natural Resources

FD

DFO in Puttalam

Management and protection of Mangrove

CTB

No office in the District

Promotion and Management of Tourism

LC

DLO based in Puttalam

Allocation of land for shrimp farming

M/Home Affairs

District Secretary

Chair District coordinating committees enforce powers delegated by CCD, ED, LC, etc.

M/Home Affairs

Divisional Secretary

Administration of the division enforce the powers delegated CCD, FD,LC, etc.

Dept. of Irrigation

District Engineer

Irrigation System & Water Management

DWLC

District Officer

Monitoring of impact of development on protected species & sanctuaries

CCB

District Officer

Conversion of coconut land into shrimp farm


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Institution District Office Major Function involved in CZM

BOI

No office in the district

Incentives/tax exemption for BOI approved shrimp farms

MPPA

Regional officer in the district

Protection of lagoon coastal waters

CFHC

Manages a large anchorage at Kalpitiya

Construction, Protection & Management of Fishery Harbours

Provincial Institutions involved in CZM

Institution Major function in relation to CZM Provincial Ministry of Fisheries (PMOF)

Responsible for policy making, planning and implementation of fisheries sector in the province in consultation with MFOR

Provincial Environment Authority (PEA) established under Provincial Environment Statue No. 12 – 1990

Management and protection of natural resources; administers EIA's relating to shrimp farms etc. as the approving authority

Wayamba Development Authority (WDA)

Promotion of agriculture and aquaculture in the province

Industrial Service Bureau (ISB)

Support Aquaculture Centre and PMOF

In addition, a number of Business Association and NGOs listed below are functioning in the district.

Business Association of shrimp farmers Shrimp Breeders Association Shrimp Farmer Business and Export Association Social & Economic Development Centre (SEDEC) National Fisheries Solidarity Forum Environmental Foundation Ltd Small Fishers Federation

Following institutions are involved in different aspects of shrimp farming in Puttalam district MFARD, DFARD, NARA, NAQDA, PEA MFNWP and Land Commission. The institutional arrangements at the provincial level also suffer from more or less the weaknesses afflicting the institutional arrangements at the national level already discussed above. The more critical among these are the lack of co-ordination among the institutions, the overlapping of powers and responsibilities between national institutions and the provisional institutions, the lack of skills and resources both financial and manpower required to cope with the environmental problems particularly those connected with shrimp farming. 8.3 Policy and Legal Issues In the early stages of the development of the shrimp industry there was an Inter Ministerial Committee known as a Scooping Committee which was comprised of the representatives of the Ministries of


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Fisheries, Land, Forestry, Irrigation etc. to consider the proposals to set up shrimp farms. In 1996 the responsibility for approval of shrimp farms was transferred to the Provincial Council of the NWP. When environmental and social problem began to increase environmental regulations were imposed under the NEA No. 56 of 1998. According to these regulations implemented since 1993, aquaculture projects over 4ha were also declared as prescribed projects and required to obtain the approval of Project Approving Agency (PAA). MFARD was the agency designated as the PAA for aquaculture projects. Shrimp farming projects of over 20 ha were required to follow EIA procedures and projects between 4 – 20 ha were expected to carry out IEEs. With the establishment of Provincial Environment Authority (PEA) for the NWP, PEA was designated as the PAA for shrimp farming project in NWP. This indicates that the management of the shrimp farming industry is a coordinated effort that involves a number of steps such as certification of land ownership, proper examination of environmental issues, registration and granting of approval, monitoring of compliance etc. The ultimate approval for the establishment of shrimp farms and hatcheries is thus the responsibility of the Provincial Ministry of Environment and this is discharged with the involvement of a Scoping Committee comprised of the representatives of the concerned agencies. However, despite the existing institutional policies and legal framework, the reality is that many of the investors have been able to establish their shrimp farms without fulfilling the basic environmental requirements and ignoring the need to obtain the necessary clearances and permits. It is the responsibility of the Divisional Secretary to release the land required as recommended by the Scoping Committee since most of the land desired by the developers belongs to the state. However the DS is unable to discharge his responsibilities effectively and expeditiously since he is constrained by the lack of an environment officer for the past two years. This is quite a constraint since his division is faced with many an environmental problem. There are number of institutions concerned with the protection of mangroves such as District Secretary, Department of Forestry, Department of Coast Conservation and Divisional Secretary. Despite all this, extensive mangrove forests bordering the Puttalam lagoon have been cleared during last two decades to set up shrimp farms. 8.4 Pilot sites Gangewadiya Gangewadiya is a very remote village located within the GS division of Aluth Eluwankulama bordering to the right bank of Kalaoya Estuary. Though there were 62 Sinhala families in this village, some of them had been compelled to leave the village due to security reasons ; it is expected that they soon return to resettle there. These families are relatively poor and depend on fishing mainly for shrimp in the Puttalam lagoon for their sustenance. Most of these fishers use dragnets and push nets to harvest prawns. These fishermen face a severe disadvantage in marketing their catch since buyers do not come their way due to the poor condition of the roads in the area. The lack of a regular bus service also makes it difficult for them to transport their catches to the markets and fairs. The local community is also constrained by an acute shortage of land since most of the land in this area taken over by Puttalam cement factory ; the rest has been appropriated by the more affluent developers of shrimp farms as a result of which there is hardly any land available for village expansion. Serakkuliya The G.S. division of Serakkuliya is a cluster consisting of four (4) villages, viz. Serakkuliya, Sinngowilluwa, Mahawilluwa and Periyanagar. At present there are 266 families in Serakkuliya with a population of 1,197. Ethnically 881 (74%) are Sinhala, 149 while (12%) are Tamils and the balance 167 (14%) Muslims. As many as 90% - 95% of the households in the village depend on lagoon fishing for their sustenance and use small fiberglass boats including motorized boats and theppam in their fishing operations. During the off-season, they use push nets and seine net, which catch


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juveniles thus harming the stocks. Compared with Gangewadiya, living conditions of the people in Serakkuliya is somewhat better. Karathive (North) Karathive is a predominantly Muslim village with a total population of 3,200. There are 609 households of which 509 are Muslims, the rest are Sinhalese. A large number of families are below the poverty line and 60% of the families receive Samurdhi benefits. The most significant geographical feature in Karative North is that it is located within a mangrove area and has a large stretch of salt marshes. They have the advantage of fishing in the lagoon as well as around the mangrove area. The majority of the communities (60%) are engaged in fishing for their livelihood. Around 75 family’s own small motorboats and 50 families posses theppam. 8.5 Major Issues As the above site descriptions indicate, the large majority of the households in the above three villages are dependent on fishing for their sustenance. The majority of them are confined to the lagoon fishery, because they have limited access to the sea. However, a few people from Serakkuliya manage to go beyond the lagoon and frequently conduct sea fishing. Economic and social conditions of the people who live in villages of coastal belt of the Vanathawilluwa D.S. division are quite similar. The important issues common to all three villages are low levels of income, scarcity of drinking water, poor village infrastructure facilities and the low level of education. Compared to the other two villages the economic and social condition of Gangewadiya is poor. Poor infrastructure including lack of good access road conditions and lack of marketing facilities make life so difficult for them. CZM issues in these three villages are also somewhat similar. These and the communities have been adversely affected the livelihood of the fishing community. Use of resource damaging fishing gears and methods such as push nets and seine nets are still being used by the fishers though they are prohibited by law. This is due to the poverty of the fishing communities, lack of other feasible alternative methods and the failure of the Department of Fisheries to enforce the ban effectively. Though the Fisheries and Aquatic Resources Act requires that the boat operators register their boats as well as obtain operational licenses, a large number of boats still remain unregistered and very few, if any, fishers have obtained the operational license as required. A problem that the local fishers have to contend with is that caused by the migrant fishers who add to the normal fishing fleet causing user conflicts and further pressures on the already threatened lagoon fish stocks. It appears that there is no adequate coordination between Provincial Ministry of Fisheries and District Fisheries Office to deal with these problems. The weakness of the village level organizations is another serious issue. Most of the fisheries co-operatives, which had the potential to serve the fishers particularly in terms of marketing and infrastructure, are not functional. Though there are on paper 8 fisheries cooperatives in the D.S. division of Vanathawilluwa, six of them are dormant and only Pubudugama Cooperative Society is functioning up to expectation, while the society at Serakkuliya is also functioning though not at a satisfactory level. There are a few NGOs operating in the Vanathawilluwa D.S. Division such as World Vision, Sarvodaya etc. World Vision, which is popular among villages, selected as pilot sites as used the lack of potable water in the area as their entry point.


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8.6 Village level Organizations Except Serakkuliya, fishing co-operatives in other villages are not functioning properly. World Vision (NGO) is very active in Karathivu and Serakkuliya area and appears to be acceptable to the people. With the intervention of World Vision, the people of Karathivu have been able to obtain water for drinking purposes (However, this scheme is not functioning now). This NGO has plans to extend the water project to Serakkuliaya as well. At present there is no organized credit delivery mechanism for the fishing communities of these villages and they meet their credit requirements mainly through traders, moneylenders and from other NGOs such as World Vision. 9. CONCLUSIONS

Analysis of existing national policy, institutional and legal framework reveals that there is a large number of institutions at different level of authority that are involved in coastal and marine resources management. Sri Lanka is also fairly well equipped with legal provisions to protect the coastal and marine resources and the environment. Among these provisions, some laws such as the Coast Conservation Act, the National Environment Act provide an overall policy and legislative framework for resource management. However, the enforcement of laws as well as the co-ordination and collaboration among the key agencies is far from satisfactory. Policy, institutional and legal frameworks alone are not sufficient to achieve the desired objectives of Integrated Coastal Zone Management. The past experience has shown that agencies generally tend to act in isolation based on their own agenda ultimately resulting in conflicting and contradictory strategies in areas concerning coastal and marine resource management. Without a co-ordinated and collaborative approach ICZM is doomed to fail. Hence policy changes at the national level are necessary, in order to ensure that there is policy consistency and harmony of action. This requires a serious attempt at establishing a high level co-ordinating body, which is not merely a forum of discussion, but a body with the authority to take coercive action when warranted. The inadequate involvement of the communities is another factor, which weakens coastal and marine resource management. This is particularly critical since the use of these resources is dominated by the poorer coastal communities consisting of coastal and lagoon fishermen and other coastal inhabitants who are generally “relatively voiceless” when it comes to articulating their needs and wants. Support and commitment of local communities for the implementation of ICZM plans and programmes. The decision-making role of the community yields a greater sense of ownership and identity with the process of development, and people are thus more likely to contribute the enthusiasm, commitment and endeavour that it requires to succeed. Hence policy changes at the national level are necessary, in order to mobilize the support and commitment of local communities for the implementation of ICZM plans and programmes. The coastal zone management plans 1990, 1997 prepared in terms of the Coastal Conservation Act No. 57 of 1981 addressed a set of specified coastal resources management problems and issues at a national level and provided policy guidelines for mitigating those problems. The implementation strategies for these policy guidelines are basically based on regulatory system though there has been a considerable departure with the emphasis placed on the Special Area Management planning process. Coastal 2000, A Resource Management Strategy for Sri Lanka's Coastal Region highlighted the need for CCD to transform itself from regulatory agency to service oriented organization. Further it has recommended to try out locally based, geographically specific planning and implementation efforts to achieve such transformation. The prime objective of this area specific management strategy (SAM Planning) is to mobilize the support of local communities for coastal resource management and inculcate the feeling of resource ownership.


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This new strategy was tested by CCD in Hikkaduwa & Rekawa in 1992 and it was found that the methodology adopted by SAM process was effective to mobilize the community support for resource management. Accordingly emphasis was placed in the CZMP of 1997, on the formulation and implementation of SAM plans as a instrument to mobilize community support for coastal resource management in future. The SAM process is based on the recognition that existing policy, legislation and institutional framework is sufficient to define overall national policy and it is insufficient to deal with the complex coastal and marine resource use problems on a site specific basis. It accepts the need to integrate the local communities and community leaders at the centre of planning and implementation efforts and thereby making them owners of resources being managed. Thinking behind the establishment of Provincial Councils system and proposed devolution package is to provide an opportunity for local communities to have a stronger voice in the formulations of strategies to manage their human and natural resources in their respective regions. Hence, policy makers at national level especially MF & OR have to understand the philosophy behind the devolution and incorporate their programme accordingly. It is also important to address the socio-economic problems faced by the communities for the effective coastal zone management in addition to the issues in relation to the policy, institutional and legal framework. Everybody is aware that CCD is enforcing provision in the CCA to combat those engaged in coral mining. However, it is still not easy to control, the coral mining because they do not have alternative source of income for their livelihood. Similarly poor fishermen use push net for catching lagoon fishes especially the shrimps. Hence, there is a need to consider these aspects too when preparing plans for ICZM. 10. RECOMMENDATIONS

Formulation of policies for coastal and marine activities including marine sanctuaries and all coordination activities in relation to coastal and marine resource development should be done by the Ministry of Fisheries & Ocean Resources to avoid conflicts, overlaps, duplications and delays etc.

The existing laws should be amended to prevent jurisdictional conflicts.

CCA should be amended to extend the area of authority of CCD. As at present the legally

defined coastal zone landward is too narrow a strip to permit effective management. Since considerable number of activities carried originating outside the narrow strip have significant impacts on the coastal zone it is necessary to extend the area of jurisdiction to the immediately adjacent areas, particularly the land abutting the lagoons and the estuaries has impacts on the This would enable the CCD to exert some influence on the activities particularly in the mangrove areas.

Enforcement of the CCA has suffered due to lack of a local level or even a regional level

presence of the CCD. Efficient implementation requires decentralisation. If this is not possible than other methods have to be pursued to effect such decentralisation. The decentralization methodology adopted by UDA provides possible directions to follow. As done in the case of UDA, it is suggested that a committee under Divisional Secretary comprised of the representatives of the Local Authority, CCD officials and other relevant agencies be appointed to carry out a part of the tasks of the CCD. If such authority were given at the DS level they would be in a better position to manage some of the activities such as waste disposal, small-scale sand mining and minor construction work etc. At present the authority delegated to the DSS is limited to the issue of permits for minor purposes.


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Coordinating committees for coastal resource management should be set up to implement CZMP not only at national level but also at Provincial, District and Divisional levels.

Orientation programmes should be conducted to create awareness of the Coastal Zone

Management Plan among members of Parliament, Provincial Councils, Local Authorities and officials of national and local levels and also NGOs and CBOs.

Laws should be enforced strictly and if necessary amend the laws to give deterrent

punishment to those who engage in destructive fishing practices such as dynamiting.

CCD should develop a mechanism to harness the participation of local communities and inculcate the feeling of ownership of the coastal resource among them. It should provide the opportunity for resources users and other stakeholders to get actively involved in the resource management process. This can be done though introduction of SAM process in identified coastal areas.

Awareness programmes are very important in this regard and it is necessary to create a

deeper understanding among the fisher community on the relationship between coastal resources and their livelihood.

It is also necessary to adopt an integrated approach to address coastal environment issues

as well as poverty related issues simultaneously. In this process, it is suggested to obtain the services of NGOs who are involved in the field of poverty alleviation and environmental affairs.

Develop and implement incentive scheme for law enforcement officials for efficient

involvement in sustainable management of natural resources of the area. 11. SOME OBSERVATIONS/ RECOMMENDATIONS RELATING TO

PUTTALAM DISTRICT AND THE PROJECT’ PILOT SITE The experience so far reveals that centralized and regulatory oriented strategy is not effective in managing increasingly complex natural resources such as fisheries, forestry wild life etc. Threats to coastal and marine resources originate from different sources and it is not possible for the government alone to solve these problems without the support of the other stakeholders particularly the resource users. The co-management approach, which has evolved over the years, provides an opportunity to develop suitable institutional framework to involve all the parties who have an interest in the management of natural resources. The co-management strategy is flexible and efforts are made to use the knowledge, skills and resources of all stakeholders to resolve the problems and improve the management of natural resources. Sri Lanka has already gained some experience in implementing the co-management concept in natural resources management. Coastal Resource Management Project (CRMP) is currently in the process of replicating the co-management based experience gained through the implementation of Special Area Management Project (SAM) implemented in Rekawa and Hikkaduwa at several other coastal sites such as bar reef (Kalpitiya) and Kalametiya in Hambantota for conservation and management of natural resources. This experience is of great relevance for the development of appropriate interventions and suitable institutional framework in the implementation of the resource management and poverty reduction activities of the Puttalam district project. Similarly site-specific interventions and institutional mechanisms are also necessary in respect of the selected pilot project sites.


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As mentioned under chapter 4.1 SAM is a co-management strategy in which communities work with local and national agencies to develop and implement management plans for the conservation and sustainable use of resources within a defined geographical setting. Under SAM process, communities do not get full control and authority in coastal resource management. Instead they are allowed to play a major role in protecting coastal resources and using them in a sustainable manner. The project Co-ordinating Committee chaired by the Divisional Secretary was the institutional mechanism used in SAM project in Rekawa. This committee was comprised of representatives of the key players at the national and local level agencies such as CCD, FO, PSS DWLC and representatives of community organizations. The most important feature of this institutional arrangement was that community groups in Rekawa organized themselves into a consortium called Rekawa Development Foundation (RDF) and represented the different interest/user groups in Rekawa in the Community Coordinating Committee (CCC) chaired by the D.S. This CCC system, which functions at Rekawa, is now being used as a model by CRMP in at its project sites. There may however be difficulties in applying the SAM process and its procedures in the case of the Puttalam Project particularly in view of its wide geographical area of operation, which encompasses more than one Divisional Secretary Division. This has already become apparent at the SAM site in Negombo IRMP, which focuses on the lagoon and its environs and covers the four (4) D.S. Divisions of Katana, Negombo, Ja-Ela and Wattala. Here, the coordination has become too complex a task and has had to be coordinated by a District level committee chaired by District Secretary of Gampaha. It is observed that under these arrangements politicians and officials rather than communities play the major role with result that the voice of the communities and their organizations are relegated to the background. In order to avoid such a situation, which is not conducive to the proper functioning of the special area management model, alternative institutional mechanisms have to be adopted. One such option, which appears feasible in the case of Puttalam, is for the Division specific issues to be handled at committees chaired by the DS while common issues, which cut across Divisions, are addressed by a District Level Committee chaired by the District Secretary. It may be noted that a different strategy was adopted by another district based coastal resource management project implemented viz. Hambantota Integrated Coastal Zone Management Project (HICZMP). The project had two Steering Committees. One was at a national level, which included all the national level agencies involved in CM while the other one was at District level under the chairmanship of District Secretary, which included Divisional Secretaries and other relevant agencies in the district. However it became apparent that the issues, which came before these two, were quite similar if not identical, and that it was more feasible to have joint meetings rather than separate meetings. In addition, there exists an institutional arrangement at Divisional level for forestry and environmental management in the form of a committee which is co-chaired by the D.S. and the chairman of PSS. The advantages of this is the blending of the political and the administrative leadership within an area which greatly facilitates the decision making as well as the implementation process within the Division (which is the same as the area covered by the Pradeshiya Sabha). In developing an institutional framework for the pilot sites in Karathivu, Gangewadiya and Serakkuliya it may be useful to follow an admixture of the institutional structure at Rekawa and the above mentioned co-management structure used for forestry and environmental management. What is most important is the active involvement of the local political leadership, the administrative machinery and private sector, and the local communities particularly the resource users. In order to involve the communities in resource users in resource management it is essential to empower them. In Rekawa there were some active community organizations at the time SAM process commenced that greatly facilitated the planning and the implementation process. On the other hand there is an institutional vacuum in almost all the pilot sites at Puttalam. The only community-based organization worthy of mention at these sites is the village fisheries co-operative society but the only society, which is functional, though not effectively is at Serakkuliya. There is an NGO viz. World Vision; being a branch of a national NGO with a presence in Puttalam it has no firm roots in the village. Thus the absence of local level organizations will be a considerable disadvantage.


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In this context it is suggested that the project recruits and trains without delay a small cadre of social mobilizer from these villages (as done in Rekawa) and deploys them to mobilize the communities to strengthen the existing community organizations and develop a suitable community organizational mechanism to encompass the three project sites. The mobilizers can also be used to assist the communities in launching micro-enterprises, family income supplementing activities, savings and credit programmes, improved marketing of village produce all of which will ultimately contribute towards increasing the incomes and improving the living conditions of the communities. These initiatives will be lay a solid foundation to mobilize the community support for coastal resource management and be a launching pad for accelerated village level economic and social development. Poverty is the most critical issue in the three villages of pilot sites. Poverty cannot be considered in isolation from environmental issues since whatever gainful activities carried out in these areas are exclusively based on natural resources. Abuse of these natural resources such as fish stocks, mangroves and other coastal habitats will further worsen the economic conditions of these resources users. Hence it is necessary to address these issues in an integrated manner. Further it is also necessary to take holistic approach to economic and social issues confronting these communities and as such components addressing the main social and economic issues such as potable water and sanitation facilities, educational facilities access roads, alternative livelihoods should be incorporated in the site-specific projects envisaged under the project. One of the strategies proposed by the Ministry of Fisheries and Ocean Resources in the uplift of the social and economic conditions of the poor fishing and coastal communities is the establishment of “Thotupola Sanvidana” at all fish landing centers in the country. The objectives and Functions of these committees are as follows:

1. Formally organize fishing community 2. Make fishing communities partners in the development process 3. Obtain views and suggestions of fishing communities in formulating fisheries policies,

programmes and plans 4. Socio-economic strengthening of fishing communities 5. Sustainable utilization and conservation of fisheries resources 6. Active participation in the implementation of infrastructure development and other fisheries

programmes Under the proposed scheme there will be three management structures at Fisheries Harbour level, Anchorage level and landing level. Thotupala Sanvidanaya will consist of political leadership, officials and members of fisheries organizations. While conceptually it appears to be a useful arrangement, its primary weakness is that it is unlikely to be a truly people based organization. However, it is too early to make any comments since these are not yet operational. While it is not prudent to establish new organizations, which are likely to compete with Thotupala Sanvidanays, it is yet necessary to strengthen the existing ones. This needs to be accomplished through the involvement of the social mobilizers. Considering the CM issues in Puttalam District and in the village of Pilot Sites,


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REFERENCES

• Amarasinghe S.R. and H.J.M. Wickramaratne., “Evolution and Implementation of Legislations for Coastal Zone Management in a developing country - The Sri Lanka experience”

• Asian Development Bank, Ministry of Fisheries in Aquatic Resources Coastal Resources

Management Project, (TA No. 3034-SRI-Final Report Volume I – 1999)

• Asoka Gunawardena, Institutional Development of the Coast Conservation Department

• Asian Productivity Organization, Coastal Fisheries Management - 2002

• Coast Conservation Department, Coastal Zone Management Plan 1997

• IUCN, Inception Report ADB RETA No. 5974

• Jens Foell, Elezabeth Harison, R.L. Stirrat, “Participation, Patronage and the Village - The Case of Coastal Zone Management in the District of Puttalam of Sri Lanka”

• Kemtowry, Nirmalee Pallewatta, Dainis, Special Area Management Project at Hikkaduwa &

Rekawa, Livelihood, Policy Relationship in South Asian, Integrated Coastal Zone Management in Sri Lanka

• Local Government Development Foundation, Konvad Adenaeur Stiftuns Coastal Environment

Code

• Madduma Bandara C.M., “A survey of the Coastal Zone of Sri Lanka”

• Ministry of Environment and Natural Resources, State of the Environment 2001 Sri Lanka

• Ministry of Environment and Natural Resources, National Environmental Action Plan 2001

• Ministry of Environment & Parliamentary Affairs, Workshop Report on Environmental Legislatives

• Ministry of Fisheries and Ocean Resources, Deewara Navodaya – 2002

• Ministry of Fisheries and Ocean Resources, National Policy and the Development Plan -2002

• Ministry of Fisheries and Ocean Resources, Six-year Development Plan

• Olsen, S. Sadachavan, D. Samarakoon, J. White, A. T. Wickramaratne, H.J.M. Wijeratne

M.S., Coastal 2000. Recommendation for a Resource Management Strategy for Sri Lanka's Coastal Region Volume I,II

• Parliament of the Democratic Socialist Republic of Sri Lanka, 13th Amendment to the

Constitution

• Parliament Secretariat, The Constitution of the Democratic Socialist Republic of Sri Lanka

• Parakrama R. Karunaratne “Legal Framework for Inland Fisheries and Aquaculture Development in Sri Lanka”

• Panat Tasneelyanond and Somnuk Rubthons, Legal and Institutional Issues Affecting the

Management of Thailand Coastal Region


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• Perera E.W.M., “A Study of Legislative and Institutional Arrangements for Coastal Zone Management in Sri Lanka”

• Phillip J. De Cosse and Sherine S. Jayawickrama, Co-management of Resource in Sri Lanka

• Shantha K. Hennayaka, Ariyaratne Hewage, Merrin S.W. Wijeratne, Shiranee Yasaratne

• Environmental Impact Assessment Southern Development Authority and Coast Conservation

Dept. Status Report on Special Area Management – 2000

• Sriyani Jayawickrama - Opportunities for Collaborative Resource Management in Sri Lanka 1997

• Swedish Centre for Coastal Development and Aquatic Resources - An Environment

Assessment of the Bay of Bangal Region

• Thayaparran K - Sector Report “Institutional Development & Training - Coastal Development Project - Eastern Province 2001”

• Rekawa Special Area Management Committee “Special Area Management Plan for Rekawa

Lagoon, Sri Lanka”

• Wickramaratne H.J.M. and Alan White “Concept Paper on Special Area Management for Sri Lanka”

• White T. Alan, Mervin Wijeratne “Are the Coastal Zone Management and Economic

Development Complementary in Sri Lanka?”


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APPENDIX I

Organisation of the Institutions, their mandate and their relevant Law A.

Institution Ministry Principal Mandate relating to coastal and marine resources management

Relevant Legal Enactment

1. CCD

Ministry of Fisheries and Ocean Resources

Undertake surveys and research to describe the existing condition of the coastal zone, prepare and periodically update the Coastal Zone Management Plan, Regulate and control the development activities within the coastal zone through permit procedure and the formulation and execution of work for coast protection and conservation.

Coast Conservation Act No: 57 of 1981 amended by Act 64 of 1988

2. DFAR


Preparation of a plan for the management, regulation, conservation and development of fisheries and aquatic resources; licensing of fishing operations and registration of fishing vessels, protection of fish and aquatic resources, conservation.

Fisheries and Aquatic Resources Act No.2 of 1996 and regulations made there under.

3. NARA


The promotion and conduct of research activities in the identification, assessment and development of aquatic resources and the development, management and conservation of aquatic resources in inland waters, coastal wetlands and offshore areas among others.

National Aquatic Resources Research and Development Agency Act 54 of 1981

4. CFHC


Planning, designing, construction, establishment and management of fishery harbours and anchorages, marine structures and other shore facilities

Order of Incorporation Under the State Industrial Corporations Act

5. MPPA


Safeguard and preserve the territorial waters of Sri Lanka from pollution arising from any ship based activities or shore based maritime related activities.

Marine Pollution Prevention Act No: 59 of 1981

6. NAQDA


To develop aquatic resources and aquaculture (which includes coastal aquaculture, sea farming and brackish water fisheries)

National Aquaculture Development Authority Act 53 of 1998.

B.

1. Central Environment Authority

Ministry of Environment & Natural Resources

Has wide powers for the protection of environment in the entire country and as such all these provisions apply to the coastal and marine areas and resources found therein. Sections 18 and 19 directly concern fisheries, and section

National Environment Act No 47 of 1980 amended by Act No 56 of 1988


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23 concerning discharge of waste and the regulations regarding EIA of development projects are of special concern to coastal and marine resources.

2. Department of Wild Life Conservation


Declaration of any area of state land as a national reserve/marine reserve/sanctuary; regulation of series activities on the fringes of a sanctuary (several of which abut the coastal zone).

Fauna and Flora Protection Ordinance as bounded by Act No. 49 of 1993

3. Forest Department


Declaration of any area of state land or forest as a reserved forest within which certain acts are not permitted

Forest Ordinance amended by Act Nos. 13 of 1982, 84 of 1988, 23 of 1995

4. Sri Lanka Geological Survey and Mines Bureau


Issues licenses to explore or mine minerals

Mines and Minerals Act No. 33 of 1992

C.

1. Ceylon Tourist Board

Ministry of Tourism

It is the duty of the Board to establish, regulate supervise and develop tourist resorts in the country the bulk of which are located within the coastal areas.

Tourist Development Act 14 of 1968

2. Department of Archaeology

Ministry of Cultural Affairs

Provides for conservation of sites of historical and archaeological value and interest many of which are found within the coastal areas.

Antiquities Ordinance

3. Urban Development Authority

Ministry of Plantation Infrastructure and Construction

Declaration of areas as development areas, responsibility for the physical planning of the area, issue of development permits

Urban Development Law amended by Act Nos 44 of 1984, of 1987, 41 of 1988

4. Sri Lanka Land Reclamation and Development Corporation

SLRDC, under the Ministry of Plantation Infrastructure, Construction)

Reclamation of low lying marsh, waste or swamps.

Low Lying Land Reclamation Act 52 of 1982

5. Board of Investment

(BOI, Min. of Industries)

Approval and regulation of investments

Board of Investments Act 49 of 1992

6. Department of Irrigation

Ministry of Irrigation & Water Management

Construction and maintenance of irrigation work including those in the coastal region

Irrigation Ordinance No. 32 of 1946


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7. Ministry of PC & LG

Ministry of Provincial councils & Local Government

Establishment of Provincial Councils provides for the devolution of powers and functions to the provinces

13th amendment to the constitution

legal, institutional & policy reform...

Documents