An examination of the Community Fisheries Sub-Decree in Cambodia: changes and developments during the drafting process

This study examines the development of the Community Fisheries Sub-Decree. From its promulgation in late 2000 through its draft form in June 20021, this sub-decree has gone through over 25 drafts. Initially, the writing process involved the public intimately: community meetings were conducted, NGOs contributed their knowledge and expertise, and then, with these consultations in mind, the newly-formed Community Fisheries Development Office (CFDO) in the Department of Fisheries (DoF) drafted the sub-decree. Over the following year and a half, the sub-decree went through numerous changes, some of which fundamentally alter the tenor of the legislation. This includes the deletion of some of the primary issues of rural communities, such as what fishing gears they can use and whether they can participate in patrolling the fishing area. While the final form is still pending, there are many questions as to the positive effects that the sub-decree will ultimately have on people’s livelihoods when it is finally approved. This research was undertaken to track the development of the sub-decree to gain a better understanding of how the Cambodian policy-making system functions. Consultations were undertaken with the DoF and CFDO before the research began, both of which agreed to the study. It is hoped that this report will help not only those interested in community fisheries issues, but also those who want to advocate on other Cambodian development issues as well. Due to the sensitive nature of the subject material, and the fact that the sub-decree is still pending, the author has conducted interviews with the express purpose of keeping them confidential. Therefore, no individual will be quoted directly in this study. In addition, many of the English versions of the drafts examined were unofficial translations. The author has made no effort to correct the English in the drafts. Moreover, there are also questions regarding the drafts and their sequence, as no government records were kept of the process or the changes that were made along the way. These have been compiled after the fact. (33 p.)

The island of Kauai, Hawaii's progressive shoreline setback and coastal protection ordinance

Approximately two-thirds of coastal and Great Lakes states have some type of shoreline construction setback or construction control line requiring development to be a certain distance from the shoreline or other coastal feature (OCRM, 2008). Nineteen of 30 coastal states currently use erosion rates for new construction close to the shoreline. Seven states established setback distances based on expected years from the shoreline: the remainder specify a fixed setback distance (Heinz Report, 2000). Following public hearings by the County of Kauai Planning Commission and Kauai County Council, the ‘Shoreline Setback and Coastal Protection Ordinance’ was signed by the Mayor of Kauai on January 25, 2008. After a year of experience implementing this progressive, balanced shoreline setback ordinance several amendments were recently incorporated into the Ordinance (#887; Bill #2319 Draft 3). The Kauai Planning Department is presently drafting several more amendments to improve the effectiveness of the Ordinance. The intent of shoreline setbacks is to establish a buffer zone to protect shorefront development from loss due to coastal erosion - for a period of time; to provide protection from storm waves; to allow the natural dynamic cycles of erosion and accretion of beaches and dunes to occur; to maintain beach and dune habitat; and, to maintain lateral beach access and open space for the enjoyment of the natural shoreline environment. In addition, a primary goal of the Kauai setback ordinance is to avoid armoring or hardening of the shore which along eroding coasts has been documented to ultimately eliminate the fronting beach. (PDF contains 4 pages)