A critical analysis of the legal framework to deter illegal, unreported and unregulated fishing in South Africa’s maritime zones.
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Date
2020
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Abstract
Illegal, unreported and unregulated fishing (IUU fishing) is a significant threat to marine
biodiversity and ecosystems globally. Despite efforts to manage fishery stocks, including
conservation efforts, IUU fishing undermines these efforts. It is predominantly in the instance
of weak enforcement frameworks that makes room for exploitation of marine resources and the
coastal State being prone to IUU fishing within their maritime zones.
This dissertation examines IUU fishing in South Africa’s maritime zones. The analysis
considers South Africa’s framework to deter IUU fishing which include global instruments to
which South Africa holds obligations. These obligations include providing effective domestic
legal and policy frameworks. South Africa’s framework is then compared to the Thailand’s
effective fisheries framework. Thailand’s framework has been constituted as effective by the
Ministry of Foreign Affairs of the Kingdom of Thailand due to the presence of four factors in
the framework and due to the action taken in accordance with these factors: fishery and fleet
management, monitoring, control and surveillance (MCS) and traceability, adequate law
enforcement and international cooperation. This comparison considers these factors and aims
to point out any shortcomings in South Africa’s framework. A brief analysis of Senegal’s
ineffective fisheries framework is contrasted to point out what is needed to be worked on to
ensure a successful framework for the deterrence of IUU fishing. Finally, considering the four
factors in Thailand’s fisheries framework a discussion of the effectiveness of the South African
framework for deterrence of IUU fishing is provided and recommendations to address the
shortcomings that are identified in South Africa’s framework to deter IUU fishing, including
MCS shortcomings, are proposed.
This study ultimately seeks to determine whether South Africa's framework for
deterrence of IUU fishing is effective. The analysis includes incidents of IUU fishing in South
Africa’s maritime zones, discussion of challenges and provides concluding remarks of relevant
global instruments, domestic legislation and initiatives. In this manner the analysis provides a
breakdown of these instruments, incidents, domestic legislation and initiatives to provide a
better understanding and determine effectiveness in accordance with the four factors.
Description
Master’s Degree. University of KwaZulu-Natal, Durban.