A critical analysis of the legal framework to deter illegal, unreported and unregulated fishing in South Africa’s maritime zones.

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.