INTRODUCTION
Nigeria has a vast coastline and its waters are replete with enormous marine resources including hydrocarbons and various species of fishes. Fishing is a major occupation especially in the coastal states and the riverine areas of the country.
According to the IMO, Illegal, Unreported and Unregulated fishing (IUU fishing) refers to fishing which is carried out without proper authorization. is one of the greatest threats to marine ecosystems and its sustainability; and by its nature, IUU fishing is sometimes linked to organized crime .
According to the National Oceanic and Atmospheric Administration[2] of the United States:
Illegal fishing “ refers to fishing activities conducted in contravention of applicable laws and regulations, including those laws and rules adopted at the regional and International level.”
Unreported fishing “ refers to fishing activities that are not reported or misreported to relevant authorities in contravention of national laws and regulations or reporting procedures of a relevant regional fisheries management organization”
Unregulated fishing “occurs in areas or for fish stocks for which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under International Law.”
The United Nations Convention on the Law of the Sea(UNCLOS) 1982, clarified the respective rights and limits of States with regards to marine activities including fishing activities. Within the territorial sea(up to 12 nautical miles) and the Exclusive Economic Zone( 200 nautical miles), Coastal States have the rights to fish and exploit the marine resources therein. Outside of this limit though, the resources are deemed to belong to all mankind.
Goal 14 of the United Nation’s sustainable development goals is “ Conserve and sustainably use the oceans, sea and marine resources for sustainable development” and it lists over-fishing as an ocean emergency. This underscores the global nature of the issue of IUU fishing.
NIGERIA AND IUU: THE CURRENT SITUATION
The Country is endowed with vast marine resources and fishing communities are very predominant along its coastline.
I recall that a few years ago WISTA Nigeria bought fishing boats and gears for local fisherwomen in Epe and Oron ( two fishing communities in Nigeria) in a bid to empower them.
The now prevalent incidents of IUU in our waters have constituted a threat to the livelihoods of these local fishing communities. It is generally believed that the IUU fishing activities are perpetrated in Nigerian waters by foreigners with an estimated figure of about $70m being lost yearly to these nefarious activities.[3] This does not exonerate Nigerians as there was a time that 2 Nigerian flagged vessels ( BanalyV and Olokun)were arrested by the Nigerian Navy for engaging in fishing though they were only licensed for inshore shrimping.[4] IUU fishing has also been held as a factor responsible for the depletion of fishing trawlers in Nigeria. The President of the Nigerian Trawler Owners Association , Mrs. Benedette Okonkwo at a breakfast meeting organized by Zoe Maritime Resources sometime this year[5]stated that members had a combined fleet of 250 but this number has reduced to 150 with about 5 currently battling survival.
In a study to explore the economic impact of IUU fishing activities in Nigeria’s territorial waters, Sule Abiodun[6] stated that weak governance and economic incentives for illegal fishing are some of the factors that influence illegael fishing activities in Nigeria. He concluded that IUU fishing activities significantly impacted the economy of the nation by hindering food and economic activities; creating a diversion of revenues and affecting the livelihoods of the fishermen impoverishing them.
Despite the seemingly dismal situation regarding the impact of IUU on Nigeria’s economy, it is heartwarming that Nigeria was not listed among the 7 countries identified by the United States’National Oceanic and Atmospheric Administration(NOOA) as participating in IUU fishing activities in its 2023 report to congress.[7]
The Federal Ministry of Agriculture is vested with the authority to issue certificates of approval to entities looking to engage in commercial fishing activities. Sometime ago, it was reported that both the Ministry of Agriculture and the Nigerian Maritime Administration and Safety Agency(NIMASA) agreed to collaborate and ensure that the goal of the deep blue project to prevent unlawful activities such as unregulated fishing is attained[8]. One can only hope that the joint efforts have been effective in tackling to an extent IUU fishing activities in our waters.
Both the Sea Fisheries Act 1992[9] and the Inland Fisheries Act[10] dealt with fishing but made no provisions specifically about IUU fishing. Section 1 of the Sea Fisheries Act 1992 for instance does not directly provide for IUU fishing but it prohibits the use of a motor fishing boat or a reefer vessel for the purpose of fishing or the discharge of frozen fish within the territorial waters of Nigeria or its exclusive economic zone. Its Section 10 merely prohibited illegal fishing practices such as the use of explosives and poisons.
THE WAY FORWARD
It is quite clear that Nigeria has to do more in terms of legislations and regulations to curb IUU fishing activities, as the extant laws are not SUFFICIOENT to tackle this issue. The government has expended a huge amount ON the DEEP BLUE PROJECT to protect our waters and this HASYIELDED RESULTS as evidenced by a decline in piracy in the Gulf of Guinea. I am of the opinion that if IUU fishing is attacked headlong just as we did with piracy, the resultant effect will be gratifying. There has to be a political will to tackle this problem in view of its dire consequences on our economy, food security and a depletion of the livelihoods of many fishermen/women.
Sule Abiodun[11] in his conclusion recommended that there should be an electronic database to capture daily catch of the industrial fishing vessels operating within our territorial waters to ensure they comply with daily limits of catch allowed. He also suggested the setting up of a patrol task force to prevent excessive IUU fishing activities.
With the creation of a Ministry to oversee Marine and Blue economy, I am hopeful that the MENACE of IUU fishing WILL BE GIVEN THE ATTENTION IT DESRVES if we are to truly diversify our income as a nation.
Furthermore, Nigeria should explore the possibility of joining the Ocean panel where fellow African countries, Ghana, Kenya and Namibia are already members. The perspectives of these other countries can be helpful in our quest to combat IUU fishing activities on our waters.
I will also recommend that Nigeria explores the possibility of becoming a signatory to The 2012 Cape Town Agreement.
The regulatory framework regarding IUU fishing must be strengthened and the political will to walk the talk is very crucial. The government must make it apparent to the perpetrators of these activities that it will no longer be business as usual.
[1] Oluseyi Adejuyigbe,LL.M,MCIArb. Managing Partner,Chaniel Legal Practitioners, Lagos.
[2] https://www.fisheries.noaa.gov/insight/understanding-illegal-unreported-and-unregulated-fishing. Accessed on 21-09-2023
[3] Amaka Anagor , Illegal fishing : How Nigeria can stop losing $70m yearly. April 12,2022 https://businessday.ng/maritime/article/illegal-fishing-how-nigeria-can-stop-losing-70m-yearly-experts . Accessed on 21-09-2023
[4] Shipsandports.com.ng/navy-arrests-two-vessels-for-illegal-fishing-3/ Accessed on 28-09-2023
[5]Collins Nnabuife- Illegal fishing cause of vessel depletion,trawler owners say.April 18,2023 https://tribuneonlineng.com/illegal-fishing-cause-of-vessel-depletion-trawlers-owners-say/ accessed on 21-09-2023
[6] Sule Abiodun: Illegal Fishing(IUU) Activities in Nigeria Territorial Waters and Its Economic Impacts. International Journal of Research Publication and Reviews, Vol(2) Issue(8) 2021, pp728-735 . https://. Accessed on 21-09-2023
[7] The biennial report is titled “ 2023 Report to Congress on improving International Fisheries Management”. Ships and ports.com.ng/gambia-angola-china-four-others-fingered-for-illegal-fishing-activities/ September 5,2023. Accessed on 28-09-2023
[8] Tosin Aribisala: NIMASA,Ministry of Agriculture partner to end illegal fishing. December 16 2021. www.ships and ports.com Accessed on 28-09-2023.
[9] Cap. S4 Laws of the Federation of Nigeria 2004
[10] Cap I10 Laws of the Federation of Nigeria 2004
[11] FN 6
