Shared Growth Program (SWIOFish) Project No. P132123 Terms of Reference for a Review of the Institutional Arrangements for the Fisheries Sector in the United Republic of Tanzania 1. Background Between 2005-2013 the World Bank financed the Marine and Coastal Environment Management Project (MACEMP) project which was a US$ 65million project with the objective to strengthen the sustainable management and use of Tanzania’s Exclusive Economic Zone, territorial seas, and coastal resources resulting in enhanced revenue collection, reduced threats to the environment, better livelihoods for participating coastal communities living in the Coastal Districts, and improved institutional arrangements. MACEMP closed on February 15, 2013 and among the project’s important achievements were the strengthening and consolidation of fisheries management at the Union level, and harnessing of $9.3m in revenue to the URT from the offshore fishery. Key issues affecting its implementation were: 1) over-ambitious project design, involving a multitude of activities and institutions topics and actors; 2) weak institutional capacity among implementers; 3) early up-scaling of pilot activities along the entire Tanzanian coastline; and 4) inadequate arrangements for project monitoring and evaluation, leading to difficulties in assessing project impact. At the regional level, the World Bank has also been supporting various fisheries projects in the Africa Region. The most relevant of these is the South West Indian Ocean Fisheries Project (SWIOFP), which closed on March 31, 2013. The SWIOFP, which brought together all countries in the South West Indian Ocean, including Kenya, Mozambique, South Africa, Seychelles, Comoros, Madagascar, Mauritius, Somalia (observer) and Tanzania, was successful in building regional capacity for fisheries management, including through establishing a network of fisheries researchers and managers, and developing a regional management framework. Ultimately the Member countries of the SWIO Fisheries’ Commission (SWIOFC) agreed to reform the Commission, promoting it from an advisory body to a Regional Fisheries Management Organization (RFMO) of the Coastal States – enabling it to take binding decisions on fisheries management, and to negotiate in bloc with Distant Water Fishing Nations. Given the important achievements of SWIOFP, SWIOFC Member Countries have requested a follow-on project namely– the South West Indian Ocean Fisheries Governance and Shared Growth Program (SWIOFish). 2. Program Objectives and Components The SWIOFish Program, now under preparation, will support regional integration of fisheries management, while expanding the approach beyond research to strengthen sector governance and harness the value of coastal and marine fisheries to national economies. The proposed program will be a phased Adaptable Program Loan (APL), over a 15-year period, using IDA and blended GEF resources, together with parallel support from other donors and trust funds. Given the importance of sound fisheries management to livelihoods and economic growth, the Government of Tanzania has requested to participate in the SWIOFish. The SWIOFish APL-1 includes activities to be implemented over an initial five-year period, to contribute toward an overall 15-year, 3-phased program. The first phase, currently under preparation, will begin in an initial group of countries including Mozambique, Comoros, Seychelles and Tanzania. The overall SWIOFish Program Development Objective is ‘to increase the sustainable economic benefits generated from SWIO marine fisheries, and the proportion of those benefits retained within 1 the region.’ The Project Development Objective for the SWIOFish APL-1 is ‘to strengthen the regional and national capacity for effective governance of fisheries and aquaculture.’ A series of complementary regional investments and national investments would achieve the development objective by: (i) strengthening the countries’ governance capacity to manage fisheries, including reducing illegal fishing activities; (ii) investments to increase the profitability and sustainable production of fisheries and aquaculture and the proportion of the value-added captured by the countries; (iii) supporting policies that share the benefits from sustainable use of marine resources among the key economic drivers and which prioritizes poverty alleviation through co-management of fishing communities fisheries; and (iv) building robust regional cooperation on fisheries. The Program will have four operational components namely: (i) improved governance of fisheries; (ii) increased fisheries contribution to national economies and (iii) regional collaboration; and (iv) project management. The first component will support the development of coherent fisheries policies with a sound economic rationale and development trajectory as well as human and institutional capacity building to implement the policies and plans. This component would support the implementation of core policy instruments. Four primary sets of activities are envisaged: (i) the establishment of a dashboard of indicators to track the progress of the sector towards its national policy and planning goals and provide a basis for adaptive management and adjustment of policies and programs; (ii) the economic management of selected fisheries and aquaculture with a focus on the most economically and socially important fisheries; (iii) the management of strategic public fisheries infrastructure, on an economically sound basis, with particular reference to non-performing assets; (iv) design and implementation of a national framework for small-scale fisheries co-management. The second component will support: (i) the reduction of critical constraints to business, (ii) viable community fisheries businesses and SMEs and (iii) strategic hard and soft infrastructure planning and building. The third component on regional collaboration will finance activities that will include (i) tuna fisheries management and on monitoring control and surveillance, directed particularly at Illegal, Unreported and Unregulated fishing activities; (ii) support for target fisheries and associated management of bycatch; and flagship species management; (iii) regional knowledge exchange on fisheries management; and (iv) technical support for the regional coordination process. The proposed consultancy will contribute to the preparation of project design for Tanzania only. 3. Country Context The fishery sector is of great importance to the development of Tanzania, as it is one of the top three growth sectors. It makes a significant contribution to gross domestic product and is an important source of foreign exchange earnings. The Tanzanian coastline is 1 424 kilometres long and the marine fishery is divided into territorial waters that are dominated by artisanal fisheries and the exclusive economic zone (EEZ), which extends 200 nautical miles off-shore and is dominated by the commercial fishing industry. The marine component of the fishery sector, however, is dwarfed by the lake fisheries, but remains very important in coastal areas. Well over 90% of fishers in the marine sector are employed in the smallscale or artisanal fisheries subsector. Importantly, marine fisheries provide up to 90% of the animal protein in coastal communities and 30% of the animal protein nationally. The fisheries sector is not governed in a holistic and integrated manner, although there is a trend to move to better fisheries governance with the most recent laws, most notably the 2004 National Integrated Coastal Environment Management Strategy for mainland, and the Fisheries 2 Act (2003 and 2010, for mainland and Zanzibar, respectively), and the establishment of a common governance regime for the EEZ through the creation of the Deep Sea Fishing Authority, composed of members from mainland Tanzania and Zanzibar. Due to the political governance structure of Tanzania and Zanzibar, and as the fisheries sector is not considered a union matter, Mainland Tanzania and Zanzibar manage their fisheries sectors separately. The Fisheries Divisions under the Ministry of Livestock and Fisheries Development in mainland and the Ministry of Fisheries and Livestock in Zanzibar are the competent authorities responsible for both development and utilization issues pertaining to the fisheries sector. Management of fisheries is largely the responsibility of the ministries, with many functions devolved to Local Government Authorities. Efforts to strengthen co-management are also on-going, with the devolution of some management responsibilities to organized fishing communities (BMUs). The main challenges for Tanzanian fisheries management include: (i) insufficient resources, including financial and human capacity to adequately execute management functions; (ii) the largely open access nature of fisheries; (iii) limited research capacity; (iv) poor integration between research and management; (v) weak integration between the local and national levels of fisheries management, with low capacity of local communities and resource users; and (vi) limited harmonization between Zanzibar and mainland Tanzania fisheries management in internal and territorial waters (with the notable exception of the common governance regime for the EEZ). 4. Objectives and scope of the consultancy assignment The consultancy assignment is aimed at achieving an understanding of the adequacy and efficiency of the institutional arrangements for the fisheries sector in Tanzania. The Consultant is expected to undertake a review of the institutional arrangements relevant to fisheries management in Tanzania and prepare a comprehensive report incorporating the findings and recommendations. Accordingly, the report should: o Comprehensively and clearly describe which Government agencies have responsibility over aspects of the fisheries sector in Tanzania1, including vision, mission and goals as well as its legal basis and character. Clearly differentiate the geographical and thematic jurisdiction of each, identifying areas where overlaps or lack of clarity exist(s). o Analyse the structures, competencies and functions of the Government entities responsible for the sector and how they are staffed and resourced including an organogram of the roles and responsibilities for each of the agencies identified. Specific attention should be paid to fisheries management (including licensing), Management, Control and Surveillance (MCS; including management of IUU fishing), marine conservation, training and research. o Clearly describe the adequacy of the existing institutional arrangements and to the extent possible, make recommendations on what could be done to improve the situation in terms of structure, systems, processes, technology and capacity of the people to fill the gaps. o Prepare a detailed mapping of the various roles and responsibilities of relevant institutions in terms of the emerging and best-case-scenario requirements and 1 Institutions with marine and coastal fisheries responsibilities in the United Republic of Tanzania include those working on research, resource management, policing/enforcement, and other key maritime functions (e.g. Maritime Authority, safety organizations) 3 identifying the gaps vis-à-vis the existing role-holders and making specific recommendations as to how to fill them. o Provide best practice examples from other countries with strong fisheries institutions and governance arrangements, and make recommendations as to how these may be relevant to the situation in Tanzania. Be prepared to discuss this in detail with the Government. o Highlight the key challenges that constrain the institutional arrangements currently in place as well as the strategic issues that are relevant to the sector and how and what institutional enhancements or reforms may best be undertaken to enhance the effectiveness and efficiency of these agencies. o Buildling upon the activities above, develop a five-year work program outlining objectives and activities to strengthen Tanzania’s fisheries institutions. This program will include a detailed implementation and capacity building plan, with specific milestones for assessing and reviewing the effectiveness of the program’s harmonization effort. o The report should also identify the role and responsibilities of each institution responsible for fisheries in the implementation of the future Bank supported program, SWIOFish. It will recommend mechanisms for ensuring adequate and effective participation of the United Republic of Tanzania within the regional project context. o Develop terms of reference for each institution for the implementation of the SWIOFish, which will serve as the basis for Memoranda of Understanding to be signed by the institutions with the implementing agency of the SWIOFish before implementation starts. 5. Expected Outputs/ Products The consultant will be expected to deliver the following: (i) An inception report with clear strategy, work plan and preliminary work schedule and proposed structure of the final report; (ii) A draft report containing at least a summary of the items mentioned in Section 4 (Scope of Work); (iii) A presentation summarizing the results of the draft report including initial recommendation will be presented; (iv) A final report fully addressing all the items mentioned in Section 4 (Scope of Work) including stakeholder input and feedback; (v) A record of all meetings, focus group discussions, stakeholder consultation meetings, database of the key institutional documents and any other reports deemed relevant. 6. Timing and Reporting The assignment is expected to last The assignment is expected to last for 21 working days, including one mission, including one mission to Tanzania and Zanzibar. The following timelines are expected: Activity Timing / deadline 4 1. Submission of inception report and proposed Within 14 working days after signing project structure for the final report the contract 2. Submission of draft report October 21, 2013 3. Present the full draft report to stakeholders for October 28, 2013 review (by video) 4. Submission of final report with all expected November 15, 2013 outputs incorporating recommendations and stakeholder inputs 6. Qualifications and Experience The successful candidate must have an M.S. or Ph.D. in a relevant discipline and at least 10 years of experience in advising Governments on institutional reforms and fisheries, including in developing countries. S/he should have excellent writing and communication skills in English. Extra credit for work in the South West Indian Ocean 7. Reporting and Supervision Contractual arrangements with the consultant will be managed by the Task Team Leader for the project. On the quality of the expected output however, the Task Team Leader will liaise and seek the opinion of the concerned team members. Mainland counterpart: Mrs. Merisia Sebastian 5