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
