Transcript Folie 1 - INCOFISH

Comparing National Legal Approaches to Coastal and Off-shore
Fisheries - Namibia
By Mavetja R Rukoro
Faculty of Law
University of Namibia
Pioneerspark
Windhoek
Namibia
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Introduction – overview of Namibia’s fishing
industry
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Namibia exhibits one of the most productive fishing grounds and
systems in the world.
Namibia’s marine ecosystem is dominated by the Benguela Current,
and supports vast populations of commercially exploitable fish
species, some of which are shared with Angola and South Africa.
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The inshore marine environment provides valuable migration and
nursery habitats for many marine organisms.
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These organisms in turn support rich populations of fish, which
constitutes the very foundation of marine fisheries in Namibia.
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Characteristics of Namibian fishery Industry
Geographical Distinction between Coastal Zone and
Exclusive Economic Zone
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Coastal zone in Namibia comprises of 12 nautical miles inshore
measured from the seashore.
Whilst the EEZ extend further inshore by 200 nautical miles.
Namibia’s coast is situated to the west of the country in the
Atlantic Ocean.
Namibia’s coastal areas in situated in the Namib desert which is
inhabitable due to it harsh climatic conditions.
There are not much coastal fishing activities in Namibia for a
number of reasons we would explore soon as part of this
presentation.
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Scientific Workshop Bremen Uninversity
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Reasons for non-existence of subsistence
fisheries
1.
2.
3.
4.
5.
Climatic conditions
Traditional ways of life
Proclaimed Government Protected areas
Mining Field with restricted excess to
these areas.
Municipal areas
Scientific Workshop Bremen Uninversity
02.-03.06.2006
2. Socio-economic relevance of the
fisheries
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contribution to the national economy;
exports and foreign exchange earnings;
employment for Namibians;
corporate social responsibilities;
the growth of landed vessels and catch
year on year; and
the number of species landed.
Scientific Workshop Bremen Uninversity
02.-03.06.2006
3. Performance of the fishing sector
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Despite difficult, albeit transitional, circumstances the
marine resources sector performed very well in 2004,
and it is expected a better performance in 2005.
The marine resources sector managed to land 567, 000
tonnes of fish, with a final value of nearly N$ 2.9 billion
(approx. 386 million €) in 2004.
Contribution of the fisheries sector to the Namibian
economy in 2004 was provisionally estimated at 6% of
GDP.
The budget allocation for fisheries in 2006 is N$ 131,9
million (approx. 17,6 million €)
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Namibian fisheries can be divided
into the 8 main fisheries categories
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Demersal fisheries
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Mid-water fishery
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Purse-seine fishery
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Deep-water fishery
Rock lobster fishery
Deep-sea red crab
fishery
Linefish vessels
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Legal Regimes Governing
Fisheries
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Constitution of Namibia Article 95 (l)
The State shall actively promote and maintain the welfare
of the people by adopting, inter alia, policies aimed at the
maintenance of ecosystems, essential ecological processes
and biological diversity of Namibia and utilization of living
natural resources on a sustainable basis for the benefit of
all Namibians, both present and future; in particular, the
Government shall provide measures against the dumping
or recycling of foreign nuclear and toxic waste on Namibian
territory.”
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Marine Fisheries Legislation
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Walvis Bay & Offshore
Islands Act 1 of 1994
National Fishing
Corporation Act 28 of
1991
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Territorial Sea and
Exclusive Economic
Zone of Namibia Act 3
of 1990
Marine Resources Act
27 of 2000
Scientific Workshop Bremen Uninversity
02.-03.06.2006
4. Basic fisheries issues:
Perceptions/non Perceptions
State Perceptions
1. Management problems
2. Impact of strong currency on
exports
Shared perceptions
3. Distribution of fisheries benefits
4. Effect of climate change on
Benguela marine eco-system
5. Illegal entry of foreign vessels
into Namibian waters
6. Impact of population growth
and HIV/AIDS on fisheries
sector
7. Human resource development
8. Deficiencies of the Monitoring,
Control and Surveillance (MCS)
system
9. Improving quality control
Fishermen Associations
10. Improving consultations
between the industry and the
ministry of fisheries
Scientific Workshop Bremen Uninversity
02.-03.06.2006
5. Access and catch restrictions
(Management measures)
Fishing rights
Fishing rights, or rights of exploitation, are the central
element of the fisheries management regime. The MRA 2000
states “No person shall…harvest any marine resource for
commercial purposes, except under a right…” The main
purpose of fishing rights is to limit entry to the fisheries sector
in order to protect the fisheries resources and maintain
sustainable operations.[These rights are issued for seven, ten,
fourteen or twenty years dependent on a number of criteria.
The longer rights are issued to companies who, inter alia, are
majority owned by Namibians, employ Namibians, have a
proven track record in the industry and have demonstrated a
long-term commitment by investing in the fishing sector.
.
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02.-03.06.2006
Fees
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Fees form an important part of Namibian fisheries management.
Their role is twofold: firstly, to earn revenue for the government,
and secondly to create incentives that work towards the goals of the
management system, both conservation and Namibianisation.
The most important are quota fees, which are payable on allocated
quota. By-catch fees are applied in order to deter right holders from
targeting species other than those for which they have been issued
a quota. This is a feature of Namibian management system that is
not seen in many other countries. Such fees provide an incentive to
avoid catching non-target species. By-catch fees are carefully
balanced to discourage the capture of non-target species, but are
also not so punitive as to encourage dumping. A certain percentage
of by-catch is not levied, since a reasonable amount of by-catch
cannot be avoided. A Marine Resources Fund levy is imposed per
tonne of landed catch to finance fisheries research and training
initiatives. Finally, licence fees are charged for all fishing vessel
licences issued to vessels that fish within Namibia’s waters.
Scientific Workshop Bremen Uninversity
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Subsidies
The Namibian fishing industry is not subsidized. The GRN’s position is
to avoid subsidizing the fishing industry, creating tax breaks and
market interventions that could encourage unsustainable fishing
practices. The danger in that is, were the fishing industry to become
all too powerful, it may, and probably will, exert pressure on the
GRN’s to allocate TACs that are unsustainable. Namibia is strongly
opposed to the subsidy policies pursued by other nations due to a
belief that subsidies cause over-capitalization, distort trade unfairly
and ultimately lead to over-fishing and the encouragement of illegal,
unreported and unregulated (IUU) fishing practices. Namibia instead
prefers a system of taxation, applied specially through the quota fees,
and this was one of the main attractions for implementing a rightsbased system. On the one hand, the application of a rights-based
system has led to healthier stocks, improved compliance and an
efficient industry that supports proper fisheries management and
earns healthy profits. On the other hand, limiting access to the
resource and fishing mortality for each participant has provided a
basis for extracting some of the profits.
Scientific Workshop Bremen Uninversity
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Fishing licenses
All vessels are required to obtain a licence in order to fish commercially within Namibia’s
200-mile EEZ. All vessels that fly the Namibian flag are required to have a specific licence
to harvest any marine resources in waters outside the Namibian EEZ. A total of 334
vessels were licensed for commercial fishing in 2004.
Total allowable catches (‘TAC’)
TACs are set for seven species: sardine, hake, horse mackerel, red
crab and rock lobster, orange roughy and monk.
TACs are established annually on the basis of the best scientific
evidence available of the size and structure of stocks as determined
by the fisheries scientists employed by the MFMR. The purpose with
the TACs is to ensure sustainable fishing operations; that the level
of fishing effort does not undermine the status of each stock.
The setting of TACs is one of the main management measures by
which to prevent overexploitation of Namibian fish stocks. TACs are
set for most commercial species in Namibia.
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Individual (non-transferable) quotas
Once a TAC has been set for a fishing season, it is distributed among
the right holders in each fishery in the form of quotas. The main
purpose with the quota allocation is to promote economic efficiency –
to give companies sufficient knowledge about expected catch levels
for the year for proper planning of their fishing activities. Quotas are
not permanently transferable for the same reasons that rights are not
transferable.
The sardine stock remained low during 2002, and as a result a zero
TAC was declared for the sardine fishery in 2002. Despite the low
spawning stock biomass recorded in March 2002, recruitment from
the 2001/2002 spawning season was excellent and the October 2002
survey estimated that the stock had increased to more than 360 000
tonnes, allowing a 20 000 tonne TAC to be issued in 2003.
Scientific Workshop Bremen Uninversity
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Giving effect to international
agreements
The MFMR is empowered to make
regulations necessary to give effect to
fisheries or international agreements
entered into by Namibia. Conservation
and management measures adopted
under such agreements are published in
the national Gazette, and thus such
measures are then deemed to be a
regulation as prescribed under the Act.
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Giving effect to international
agreements
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Most international agreements are part of
the national law of the country it remains
to be see to what extent the courts will
draw on this instruments to solve arising
disputes.
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Constitution of Namibia Article 144
Unless otherwise provided by this Constitution or
Act of Parliament, the general rules of public
international law and international agreements
binding upon Namibia under the Constitution
shall form part of the law of Namibia.
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International Fisheries Instruments signed
by Namibia
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Ministry of Fisheries & Marine Resources
Organogram
Minister
Deputy
Minister
Permanent
Secretary
Directorate of
Policy,
Planning &
Economics
Directorate of
Operations
Directorate of
Resources
Management
Scientific Workshop Bremen Uninversity
02.-03.06.2006
Directorate of
Aquaculture
VII. Namibia Maritime and Fisheries
Institute (‘NAMFI)
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The NAMFI is a rapidly developing maritime training institution with the
main aim to be the leading fisheries training institute in the SADC region.
Also, to satisfy the need of individuals, the GRN, fisheries and private sector
by providing quality training in the maritime and fisheries field regionally.
Under the leadership of the Board of Trustees, NAMFI strives to encourage
contributions, promote openness and engender commitment for
effectiveness.
Scientific Workshop Bremen Uninversity
02.-03.06.2006
VIII. Marine Resources Advisory Council (MRAC
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One of the key strategies on which the GRN’s marine fisheries policy stands is research development. Research
development in the fisheries sector has involved, amongst others, utilizing the services of expert consultants to
assist government fisheries scientists. In organizational structural terms, most of the primary research on
fisheries resources is conducted by state-run research institutes, primarily the National Marine Information and
Research Centre (‘NatMIRC’) within the Directorate of Resource Management of the Ministry of Fisheries and
Marine Resources. This research is largely funded by levies on commercial catches and recently has been
supported by the use of commercial vessels to assist with resource surveys on hake, horse mackerel, orange
roughy and sardine.
The Namibian MRAC functions in the following manner. Scientific recommendations for harvesting of all major
resources are presented to the MRAC, which in turn makes recommendations to the MFMR after considering
socio-economic factors and the industry’s perception of the state of the resource. MRAC is a broad-sectored
group mandated to provide advice to the Minister on fisheries and fisheries-related matters. This Council
consists of representatives of the major fishing industries. It is worth noting that these representatives are
appointed for their expertise and experience in the industry and not to represent their own interests, unions,
the state conservation Ministry, financial institutions and the University of Namibia (‘UNAM’). The Minister, after
consultation with the Ministerial Fisheries Management Committee and other senior managers within the MFMR
(and often the scientists responsible for making recommendations), submits management recommendations to
Cabinet for final endorsement.
The Marine Resources Act (‘MRA 2000’) provide for consultations with the fishing industry in the MRAC. The
creation of the MRAC symbolizes the GRN’s firm commitment to work with the fishing industry on a
reconciliation basis. This practice has been referred to as ‘co-management’, ‘co-operation’, or more frequently
‘consultation’. This is in stark contrast to the mid-1990s situation whereby state and scientists were at
loggerheads, with the former accused of being naively optimistic and the latter of being overly pessimistic. To
date, working groups have been established for the orange roughy, hake, monk, horse mackerel and rock
lobster fisheries, while the other major fisheries (sardine, tuna, crab, recreational and subsistence fisheries) are
involved in the management process in less formal ways.
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Scientific Workshop Bremen Uninversity
02.-03.06.2006
Baie Dankie !!!
[as Namibians will have you say]
Scientific Workshop Bremen Uninversity
02.-03.06.2006