SUSTAINABLE MARITIME  ECONOMY : THE FIGHT AGAINST IUU FISHING, A CHALLENGE FOR AFRICA AND THE INDIAN OCEAN

Corruption and illegal, unreported and unregulated (IUU) fishing threaten the food security of coastal populations in Madagascar and the Indian Ocean. These illegal practices reduce available fish stocks, while local fishermen find themselves competing with large fleets engaged in IUU fishing.

IUU fishing includes practices such as fishing without authorisation, misreporting catches, using destructive fishing methods and fishing in protected areas. This IUU fishing is often fuelled by a quest for quick profits and encouraged by the lack of adequate surveillance and the growing demand for fish products. In recent years, IUU fishing has been responsible for the over-consumption of certain fish species, including tuna.

AN ESTIMATED ANNUAL LOSS OF 142.8 MILLION DOLLARS

A study entitled ‘Sustainability, Stability and Security in the Fisheries Sector’, carried out by WWF France between 2016 and 2021, explains that IUU fishing of tuna and shrimp species causes an estimated $142.8 million in financial losses each year in the exclusive economic zones (EEZs) of Kenya, Madagascar, Mozambique, South Africa and Tanzania. The document indicates that nearly 36% of all tuna and shrimp catches in these zones are potentially linked to IUU fishing.

In addition, 48.7% of tuna catches in the region between 2016 and 2021 ares estimated to be potentially illegal or unregulated, resulting in financial losses estimated at 96 millions dollars per year. Shrimp catches deemed illegal represented 26.4% of stocks, that is an annual loss of 47 millions dollars. Tanzania is the country most affected by IUU fishing, recording a loss of revenue of 65.4 millions dollars per year, or 46% of the total losses recorded for the five countries studied. The largest tuna fishing operations in the EEZs of these countries are carried out mainly by Taiwan, Japan, South Korea, China and Spain, while China, Greece and Portugal dominate shrimp fishing.

Several other countries in Africa and the western Indian Ocean region are also affected by a worrying practice of IUU fishing, including Senegal, Sierra Leone, Ghana, Côte d’Ivoire, Nigeria, Angola, Namibia, Mauritania, Somalia, Seychelles, Mauritius and Comoros. A study published in December 2022 by the journal Fish and Fisheries revealed that around 6% of industrial fishing operations carried out in the territorial waters of some 33 African countries and territories are carried out in areas reserved for small-scale fishing by local populations. In other countries, this practice is described as ‘the most common form of illegal fishing in the region’.

SOME KEY ELEMENTS OF THE LEGAL FRAMEWORK FOR FISHERIES MANAGEMENT

Fisheries management is a complex global challenge, requiring robust legal regulation to ensure the sustainability of marine resources, the protection of marine ecosystems and the economic viability of fishing industries.

The complex issues of overfishing, marine biodiversity conservation and fishermen’s rights require strong national and international legal frameworks. Global cooperation and effective implementation of these laws and regulations are crucial to ensuring a sustainable future for the fishing industry and the health of our planet’s oceans.

The challenges of fisheries management

Fisheries management faces complex challenges : overfishing, the use of destructive fishing tools, degradation of the marine environment and the need to ensure sustainable livelihoods for fishing communities.

• Overfishing: one of the most urgent issues facing the fishing industry. It occurs when fish catches exceed sustainable levels, threatening the survival of fish stocks. Laws and regulations aim to establish catch quotas and closed seasons to prevent overfishing.

• Conservation of marine biodiversity: preserving marine ecosystems and biodiversity is a major concern. Legal measures include the creation of marine protected areas and the regulation of fishing in these areas to minimise the impact on fragile ecosystems.

• Artisanal fishermen’s rights : small artisanal fishing communities often have traditional rights to marine resources. Laws must protect these rights while ensuring that fishing is sustainable.

• The fight against illegal, unreported and unregulated (IUU) fishing: IUU fishing is a global phenomenon that damages marine resources and the economies of countries. Legal frameworks include measures to detect, prevent and punish IUU fishing.

The national legal framework

National legal instruments vary according to the needs, resources and priorities of each country. ”The overall orientation of fisheries sector management is towards the protection of resources. This means setting up marine protected areas, implementing fisheries management plans or transferring resource management to the local community. To improve management of the sector and strengthen its regalian functions, the ministry in charge of fisheries has been obliged to set up control, surveillance, health and funding bodies”, explains Mamy Andriantsoa, the consultant in charge of the study on strengthening the legal framework for the governance of Madagascar’s fisheries.

Here are some key concepts and references relating to Malagasy fisheries:

• Fishing law: Law 2015-056 of 3 February 2016 on the fishing code regulates this activity, as well as access to fisheries resources, catch quotas, minimum catch sizes, authorised gear and penalties for infringements.
• Creation of marine protected areas : marine protected areas are created to preserve fragile marine ecosystems and protect endangered species. These areas are subject to special regulations.

• Fishing permit : a fishing permit is a document authorising fishing. It is granted subject to specific conditions to ensure sustainable fishing.

• Monitoring and control systems : national laws frequently provide for monitoring and control mechanisms to ensure that fishermen comply with regulations. This can include the surveillance of fishing vessels, the use of monitoring technologies, and the application of sanctions in the event of infringements.

• Locally managed marine areas (LMMA). In Madagascar, one million people make their living from fishing and 100,000 men and women work directly in this sector, according to figures from the Ministry of Fisheries and the Blue Economy. In some of Madagascar’s coastal regions, these fishing communities have formed Local Marine Area Management Associations (LMMAs) to defend sustainable, well-considered fishing while maintaining the restoration of marine biodiversity. Official figures from the MIHARI network indicate the presence of 178 LMMAs on the island: they apply ‘dina’, collective regulations, and manage marine protected areas, applying strict, shared conservation methods.

Here are some of the key international legal instruments :

• The United Nations Convention on the Law of the Sea (UNCLOS): UNCLOS governs the use of the world’s oceans and marine resources. It establishes the rights and duties of coastal States and other States in terms of fishing and conservation.

• The Code of Conduct for Responsible Fisheries: drawn up by the Food and Agriculture Organization of the United Nations (FAO), this code sets out principles and guidelines to promote sustainable fishing worldwide. It encourages the responsible management of marine resources and the reduction of the environmental impact of fishing.

• Regional Fisheries Management Agreements: many regions of the world have established specific agreements to manage shared fisheries. These agreements involve cooperation between neighbouring countries to conserve migratory fish stocks and coordinate fishing activities.

• Combating IUU fishing: several international agreements, such as the Port State Measures Agreement (PSMA), specifically aim to combat IUU fishing by imposing strict standards on ports to prevent access by illegal fishing vessels.

Written by Ismaël Mihaja, Cynthia Rahelindisa, Rova Andriantsileferintsoa