'You Can't Catch Silverfish During the Day' - Mpigi Leaders Challenge Fishing Rules

Leaders and fishing communities in Uganda's Mpigi District are challenging new government regulations on Lake Victoria, arguing that restrictions aimed at combating illegal fishing are instead jeopardizing the livelihoods of local fishermen. The contentious rules, particularly those affecting silverfish (mukene) harvesting, including a ban on using lights during night fishing and stringent boat registration requirements, are deemed impractical and economically devastating. This article examines the legal framework underpinning these regulations, the specific grievances raised by the Mpigi communities, and the broader implications for balancing fisheries conservation with the socio-economic well-being of dependent populations in Uganda.

Uganda's vital fishing industry, particularly on Lake Victoria, is currently at the nexus of conservation efforts and community livelihoods. Recent government regulations, ostensibly aimed at curbing illegal, unreported, and unregulated (IUU) fishing, have sparked significant opposition from leaders and fishing communities in Mpigi District. These communities contend that the new restrictions are overly broad, fail to consider traditional fishing practices, and are pushing legitimate fishermen into economic distress.

The core of the challenge revolves around specific prohibitions, such as the restriction on using lights for silverfish (mukene) fishing, a practice essential for its effective harvest at night. Furthermore, the imposition of costly requirements for boat registration and other fishing gear is seen as an insurmountable barrier for many small-scale fishermen. This article delves into the legal landscape governing fisheries in Uganda, analyzes the specific concerns voiced by the Mpigi communities, and explores the delicate balance required between preserving aquatic resources and sustaining the socio-economic fabric of fishing-dependent populations.

The management of Uganda's fisheries has historically been governed by a series of legislative instruments aimed at ensuring sustainable exploitation of its rich aquatic resources. The foundational legislation was the Fish Act (Cap. 197), enacted in 1951 and consolidated in 2000, which provided for the control of fishing, conservation of fish, and regulation of related activities. However, recognizing the need for a more comprehensive and updated framework, especially in light of increasing challenges like overfishing and IUU fishing, the Fisheries and Aquaculture Act, 2022, was enacted.

This new Act, assented to in February 2023, aims to provide for the control and regulation of all fisheries and aquaculture production activities in an integrated manner, promoting conservation and sustainable economic, social, and environmental benefits. It establishes a Fisheries Monitoring, Control and Surveillance Unit to replace the controversial Fisheries Protection Unit (FPU) and introduces requirements for licenses and permits for various fishing activities, including vessel registration and fish movement. The National Fisheries Policy (2004, updated in 2017) also guides the sector, emphasizing sustainable practices, improved governance, and the promotion of aquaculture. Despite these legislative efforts, the implementation of regulations, particularly those operationalized by the Minister of Agriculture, Animal Industry and Fisheries, has often led to friction with local communities, who argue that enforcement measures sometimes overlook their lived realities and traditional practices.

The challenges raised by Mpigi leaders highlight a critical tension between the government's legitimate goal of combating IUU fishing and the practical realities faced by artisanal fishermen. The Fisheries and Aquaculture Act, 2022, and its subsidiary regulations, aim to address issues such as overfishing, the use of illegal fishing gear, and the trade in immature fish, which have severely impacted Lake Victoria's fish stocks. For instance, the State Minister for Fisheries, Hellen Adoa, in February 2024, banned the 'hurry-up' method of silverfish fishing due to its non-selective nature and impact on juvenile Nile perch, advocating for the scoop-net method instead. This directive, along with restrictions on fishing silverfish within two kilometers of the shoreline, is based on existing rules like The Fish (Fishing) Rules, 2010.

However, Mpigi leaders, including District Chairperson Simon Peter Kawuki and Buwama Sub-county Chairperson Deo Sendegeya, argue that some regulations, such as banning the use of lights for silverfish (mukene) fishing, are impractical. They contend that silverfish are naturally caught at night using lights, making daytime fishing or fishing without lights impossible. This directly contradicts the operational realities of a significant segment of the fishing community. Furthermore, the new requirements, such as purchasing boats worth Shs30 million, are deemed unaffordable for ordinary fishermen, many of whom are considered poor enough to qualify for the Parish Development Model.

The Act also grants significant powers to the Chief Fisheries Officer, including registering vessels, issuing permits, and regulating fishing methods, without explicit provisions for consulting affected communities on specific landing site regulations. This top-down approach, coupled with a history of military involvement in enforcement leading to human rights abuses, has eroded trust and created economic hardships, leading to increased poverty and social problems in fishing communities. While the 2022 Act aims to replace military enforcement with a civilian Fisheries Monitoring, Control and Surveillance Unit, concerns remain about the unit's powers and its potential to replicate past issues. The call from Mpigi leaders for enforcement measures to target illegal practices rather than imposing blanket restrictions that affect all fishermen underscores the need for a more nuanced and participatory approach to fisheries management, aligning with principles of social equity and human rights enshrined in the National Fisheries and Aquaculture Policy.

The ongoing challenge by Mpigi leaders and fishing communities against Uganda's new fishing regulations on Lake Victoria underscores a critical need for a balanced approach to fisheries management. While the government's intent to combat IUU fishing and ensure the sustainability of vital fish stocks through the Fisheries and Aquaculture Act, 2022, is commendable, the implementation of these regulations must consider the socio-economic realities and traditional practices of the communities dependent on these resources. The current restrictions, particularly those impacting silverfish harvesting and imposing prohibitive costs, threaten to exacerbate poverty and social instability rather than foster sustainable development.

Practitioners advising fishing communities should explore avenues for advocating for policy review and amendment, emphasizing the principles of proportionality, community participation, and human rights. This may involve engaging with the Directorate of Fisheries Resources, local government structures, and parliamentary committees to highlight the unintended consequences of current regulations. Future policy-making must prioritize inclusive dialogue and evidence-based decision-making that integrates scientific conservation needs with the practical knowledge and livelihood requirements of local fishermen. Without such a holistic approach, the long-term sustainability of Uganda's fisheries and the well-being of its fishing communities will remain precarious.