30 management organization which has been misreported, in violations of the reporting
procedures of that organization. Fishing conducted by vessels, boats or canoes without nationality or those flying the flag of a
state not party to a fisheries management in a manner that is not consistent with or contravenes the conservation and management measures is deemed unregulated fishing.
Furthermore, unregulated fishing refers to fishing activities in areas or for fish stocks in relation to which there are no application of conservation or management rules and where
such fishing activities are conducted in a manner inconsistent with state responsibilities for the conservations of living marine resources under international law.
1.3 Types of illegal, unreported and unregulated fishing practices
Evidence shows that illegal, unreported and unregulated IUU fishing exists in Ghana and Nigeria Falaye, 2008. IUU practices in Nigeria and Ghana vary. In Nigeria, the problem
largely hinges on foreign vessels fishing in the country’s territorial waters without authorization. These unauthorized vessels which fish in Nigeria’s territorial waters belong to
countries such as Italy, Cameroon and Togo. In the case of Ghana, vessels, boats and canoes involved in destructive practices are licensed, but employ destructive fishing gears and fish
inside prohibited areas. Destructive fishing practices identified by Falaye 2008 and Ghana’s Fisheries Act, 2002 include:
• Fishing without procuring license or authorization from the relevant state agency. For
instance in Ghana, the fisheries Act Act 625 provides that persons who use local industrial vessels or semi-industrial fishing vessels for fishing without license in the
country’s fishery waters commit an offence.
• Falsifying or hiding the markings, identity or registration of a vessel is also considered
an offence. Article 492 of Act 625 provides that a person who operates a vessel which does not bear identity markings commit an offence.
• Using unacceptable fishing methods and gears. It is an offence under the fisheries Act
Act 625 for an individual to use or attempt to use an explosive or a poison with the intent to kill, stun, disable or easily catch fish
• Fishing in a closed area, fishing during a closed season or without or after attainment
of quota. Act 625 provides that it is an offence to engage in fishing during closed season
• Refusal to keep an accurate records of catch and other catch related data
• Willful damage to fishing, vessels, boat or canoe or gear belonging to another person
• Directed fishing for a stock which is subject to a moratorium or for which fishing is
prohibited. Act 625 for instance provides that gravid, juvenile fish and juvenile lobster should not be taken during fishing
• Failure to comply with vessel, boat and canoe monitoring systems requirement.
1.4 Origin of illegal destructive fishing practices
Economic historians have not been able to clearly indicate when fishermen in Ghana began using destructive fishing gear and methods. However, Lawson 1968 reports that Fanti
fishermen used new net popularly called Ali in 1850 in the Gold Coast. According to Lawson, this new net measured about four hundred yards in length and eighteen yards wide. It was
basically a hand-made cotton twine with a mesh size of ¾ inches. This kind of net was imported from Europe and used widely by the fishermen along the coast of the Gold Coast.
31
1.5 Control of illegal destructive fishing practices
The responses of the colonial administrators and the indigenous community leaders during the colonial era to the new fishing practices, particularly the Ali varied. The fisher folks’
attitude towards the new fishing practices also varied. Some of the fishermen and their leaders in fishing communities such as Teshie, Labadi and Nungua were opposed to the new fishing
net. They protested against the use of the Ali by their colleagues and also attempted to enact bye-laws to prohibit its usage. The colonial administrators did not see the Ali as destructive.
Indeed, they considered it as very effective and harmless to the fishing industry in the Gold Coast. They therefore decided not to “countenance any attempt to prevent the use of the Ali
nets merely because the fishing population who employ them have advantages over their
neighbours”Atta- KessonAtuguba, n.d. The posture of the central government with respect to regulation of fishing industry
changed after independence. All the post independent governments have passed a number of laws to regulate the fisheries sector of our national economy. The most
recent of all the laws is the fisheries Act, 2002Act 625 which provides the framework for the regulation and management of fisheries and also the development
and sustainable exploitation of fishery resources in the country. As stated earlier, the Fisheries Act 2002 Act 625 is the most recent legal regime that regulates the
fisheries industry in Ghana. In particular, Act 625 provides a unit to be established under the Fisheries Commission, which will monitor, control and enforce the rules in
the Actand any other rules relating to fisheries.
2.0 METHODOLOGY
