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Legal Policy Framework

The Legal and Policy component focuses on strengthening national, regional, and local legal and regulatory frameworks to support the ecosystem approach to fisheries and aquaculture, as well as climate change adaptation objectives. Through the analysis of the regulatory framework the Project will propose improvements to the existing legal and regulatory frameworks as they apply to adaptive co-management of fisheries, integrated mangrove-fisheries and aquaculture systems, climate-resilient practices and techniques along the fisheries and aquaculture supply chains.

In carrying out the analysis, the FishAdapt Project is employing the following methodology:

Phase 1: Elaboration of a checklist of CCA, EAF and EAA principles to be considered as “core principles” essential in developing policy and legislation.

Phase 2: Examination of available policies, legislation and regulations at the Union, Region/State level to determine the extent to which the identified principles are supported or absent.

Phase 3: Elaboration of a preliminary assessment of available legislation and policies (marine, inland and aquaculture) against the checklists produced for each category.

Phase 4: Consultation with institutional actors and other relevant stakeholders.

FishAdapt Project is also building capacity at institutional and community level by introducing basic features of modern fisheries policy and law and its application to the needs of the sector in Myanmar. Its objective is to create a common understanding of the essential “pillars” that make up the policy and legal framework.

2019 Highlights

  • Inventory of national policies, strategies and legal frameworks related to the development of fisheries and aquaculture has been collected and recorded to support the project’s endeavor to nurture the ecosystem and to promote adaptation in climate change in terms of policy and legal aspects.

  • The policies, strategies, and laws, which can directly and immediately impact fisheries and aquaculture sector were reviewed following international and regional legal standards and frameworks. Review on Marine Fisheries Law and other aquaculture related law has been initiated. The results of analysis and recommendations were presented to and validated by major stakeholders, in the workshop on understanding the legal needs and gaps of fisheries and aquaculture development in Myanmar. The report on analysis of the Fisheries Regulatory Framework (Marine, Inland, and Aquaculture) with preliminary recommendations has been drafted.

  • The analysis of the Freshwater Fisheries Laws ratified in three regions/states: Yangon Region, Ayeyarwaddy, and Rakhine is also completed, along with the environmental conservation law and the Myanmar Natural Disaster Risk Management Law.
  • Legal awareness of the participants on the importance of policy and legal frameworks in aquaculture, climate change and disaster management has been raised in EAAM and CBCCA/DRM trainings. As a result, the participants are able to facilitate community training by linking how legal framework is supportive to community participation, co-management, planning and decision making process in fisheries and aquaculture management.
  • Concept of capacity building on the legal and policy frameworks is currently under preparation in order to promote the adaptive capacities of the fisheries and aquaculture sector in 2020. The capacity building will be delivered at national, sub-national and community levels.