Weak Fisheries Governances in Somalia and Somaliland

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2.0 OVERVIEW OF FISHERIES SECTOR 2.1 Background

Somalia has a very extensive and long coastline, and the longest in Africa. While many observers may consider Somalia a failed state, there are clear administrative differences between the regions of the self-declared Republic of Somaliland, the autonomous Puntland State of Somalia and the other federal states of south and central Somalia. In most large countries with extensive coastlines, some level of administrative decentralization is common, and it seems Somalia is moving in this direction. Somaliland and Puntland have relatively recently enacted laws and regulations for the fishing industry and in some cases have issued foreign fishing licenses. The federal government has also started revising the 1985 fisheries act, but it is unclear as to how it is being enforced. Confusion over maritime boundaries, jurisdiction and decentralized authorities in the states makes understanding what is illegal fishing and what is legal quite difficult. On September 26, 2014 Graziano da Silva, FAOs Director General at the UNs General Assembly, said: “Globally, ten percent of the worlds population depends on fisheries for their livelihoods, and 4.3 billion people are reliant on fish for 15 per cent of their animal protein intake.” According to the latest edition of FAOs The State of World Fisheries and Aquaculture report 2 , the fisheries and aquaculture sector is facing major challenges that range from harmful fishing practices, weak governance and poor management, to the scourge of illegal, unreported and unregulated IUU fishing. Beyond its negative effects on the status of fish stocks and the environment, Mr. da Silva said that IUU fishing also carries a very high cost to the tune of 20 billion per year. IUU fishing generally refers to fishing conducted in violation of national laws or internationally agreed conservation and management measures in oceans across the world. It can include; fishing without a license or quota for certain species, unauthorized transshipments to cargo vessels, failing to report catches or making false reports, keeping undersized fish or fish that are otherwise protected by regulations, fishing in closed areas or during closed season, and using prohibited fishing gear. IUU fishing poses a direct threat to food security and socio-economic stability in many parts of the world, and mostly to developing countries. Experts estimate that the global annual economic loss from IUU fishing is between 10 billion and 23.5 billion, which represents between 11 and 26 million tons of fish Ganapathiraju et al., 2011. By evading conservation and management measures, companies engaging in IUU fishing can cut corners and lower their operating costs. As a result, their illegally caught products provide unfair market competition for law-abiding fishermen and seafood industries.

2.2 Weak Fisheries Governances in Somalia and Somaliland

Weak governance of the fisheries sector is defined, among other things by: the absence of fisheries laws and regulations, weak fisheries authority at all levels, poor data collection and 2 State of the World Fisheries and Aquaculture, 2014 FAO. http:www.fao.org3d1eaa9a1-5a71-4e42-86c0- f2111f07de16i3720e.pdf 9 analysis, low stakeholder participation, absence of fisheries infrastructure, and shortage of trained personnel. The absences of central government, lack of peace and security and widespread internecine fighting have encouraged illegal fishing by foreign flagged vessels. As the civil war intensified, it was expedient for foreign illegal fishing vessels to enter Somali waters, as there was no authority to prevent them. Exacerbating this situation was the ambiguity of Somalia’s ‘declaration of 200 nm territorial sea’ alleged to be not in conformity with UN Law of the Sea UNCLOS. Somalia has since declared 200 nm EEZ in accordance with the provisions of UNCLOS. However, declared EEZ boundaries with adjacent and juxtaposed countries may still present problems regarding questions of jurisdiction and legitimacy of Somalia’s claims in some maritime areas. This includes not only fisheries but other offshore resources as well, such as oil and gas. Somalia has recently taken Kenya to the International Court of Justice to arbitrate their disputed maritime boundary and an area where recent oil and gas deposits have been found. Somalia’s and Somaliland’s lack of unified approach towards a common fisheries policy and management system has given way to illegal fishing. Interim agreements signed last year by the fisheries authorities of the FGS, Federal Member States and Somaliland are positive steps that need follow up actions. A new fisheries policy that allows stakeholder participation is needed. As part of this study it’s proposed to form Regional Fisheries Management Committees, which have new national approach involving all stakeholders. This approach should be for sustainable exploitation of fisheries resources and protection of their habitats. The emphasis in the management or co- management of these resources is on stakeholder participation i.e., involving fishing communities, regional administrations, local organizations and the private sector. Global experience demonstrates that co-management approaches are more effective than top down systems. This is particularly true for small-scale fisheries where landing sites are highly dispersed over long coastlines.

2.3 Fisheries Laws and Regulations in Somalia