Fisheries Laws and Regulations in Somalia
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.