Legal Aspect for EEZ Fishery Management in Tanzania
- Abstract
- The concept of EEZ was created by the ‘UN Convention on the Law of the Sea 1982’; it allows nations to claim a geographical area of the sea and also places a number of obligations to the host nation with the aim of preserving and controlling the EEZ for the benefit of all nations.
The EEZ is a zone extending up to 200nautical miles from the baseline of the coastal state, in which she has extensive rights to enjoy the natural resources, while other countries have the jurisdictional rights for navigation, over-flight by aircraft and laying of cables and pipelines.
The EEZ’s are extremely significant politically, economically, environmentally, socially, technically and legally, 36% of the world oceans are someone’s EEZ and 97% of the World trade travels by sea passes through the EEZ.
Before the introduction of industrial fishing technology we could rather say that fish is an inexhaustible resource, but due to the installation of sophisticated electronic equipment in commercial fishing vessels, fishing has led to over exploitation in the EEZ and even on the high sea. On supervision control of EEZ the coastal States have to establish strong regional fisheries management organizations (RFMOs) to cooperate in managing the fishing zones.
This study examines the UNCLOS 1982, and provides the legal fishery framework for Tanzania’s EEZ fishery management in relation to the international fisheries law. The majority of fishing fleets engaged in EEZ fishing are from Europe and Asia. Efficient management on EEZ is very important in economic development of Tanzania.
There are so many challenges facing the monitoring and control of EEZ in Tanzania, including financial problems, lack of personnel capacity building, management problems, tragedy of the commons etc, and therefore this paper is going to provide some way out to those challenges.
It should be taken in mind that the EEZ provides a very large potential resource for the coastal State. In order to benefit from this the Government must develop the necessary indigenous expertise and seek cooperation at regional level to ensure adequate surveillance, observation and exchange of information. If well managed under regional cooperation and solidarity, the EEZ can provide several opportunities to achieve sustainable economic development in less developed countries.
The proposal fishery framework provided by this study is a joint venture modal of function under two Ministries responsible for fisheries from Tanzania Mainland and Zanzibar, the General Director (GD) is an executive officer of DSFA assisted by four Assistance Directors (AD’s) of; Administration Department, MCS Department, Quality Control Department and Maritime Law Department. This is an independent authority responsible to the Ministers.
- Issued Date
- 2012
- Awarded Date
- 2012. 2
- Type
- Dissertation
- Publisher
- 부경대학교
- Department
- 대학원 국제수산과학협동과정
- Advisor
- 최종화
- Table Of Contents
- LIST OF FIGURES AND TABLES iv
ABBREVIATIONS v
ABSTRACT vii
1. INTRODUCTION 1
1.1 NTERNATIONAL FISHERIES LEGAL BACKGROUND 2
1.2 OBJECTIVES OF THE STUDY 5
1.3 SIGNIFICANCE OF THE STUDY 6
1.4 RESEARCH METHODOLOGY 7
1.5 SIGNIFICANCE OF EEZ 7
2. GENERAL THEORY ON EEZ FISHERY 9
2.1 GENESIS OF THE CONCEPT 9
2.2 THE CONCEPT OF MANAGEMENT 11
2.3 LEGAL ASPECTS OF EEZ 13
2.3.1 Sovereign right of coastal state 14
2.3.2 Access of other states to the EEZ, Article 62(2) 14
2.3.3 Power to put regulations on legislation, Article 62(4) 15
2.4 IPOA-IUU FISHING IN TANZANIA 16
2.4.1 What is IUU fishing? 17
2.4.2 IPOA-IUU fishing implementation in Tanzania 19
2.4.3 Objective of NPOA-IUU fishing 21
2.4.4 Participants and responsibilities 21
2.4.5 Control and review of NPOA-IUU fishing 22
2.4.6 NPOA-IUU fishing enforcement 23
2.4.7 Flag state control 24
2.4.8 Port and coastal state control 24
2.5 FISHING INSPECTION AND LICENSING (NPOA-IUU) 25
2.5.1. Inspection 25
2.5.2 Licensing 26
3. THE STATUS OF TANZANIAN EEZ 29
3.1 INTERNATIONAL FISHERIES OVERVIEW IN TANZANIA 30
3.2 LEGAL SYSTEM OF TANZANIAN EEZ 33
3.2.1 ‘Territorial Sea and Exclusive Economic Zone Act 1989’ 35
3.2.2 ‘The Fisheries Act 2003’ 42
3.3 FISHERY RELATION WITH OTHER STATES 43
3.3.1 Regional cooperation 43
3.3.2 Proposal between Tanzania and European Union (EU) 46
3.4 THE INTERNATIONAL FISHERIES DISPUTES 47
3.4.1 Maritime Boundary Agreement between Tanzania and Kenya 48
3.4.2 Maritime Boundary Agreement between Tanzania and Mozambique 49
3.4.3 Maritime Boundary Agreement between Tanzania and Seychelles 51
3.5 THE PROPOSED EEZ FISHERIES MANAGEMENT FRAMEWORK 52
3.5.1 Deep Sea Fishing Authority (DSFA) 53
3.5.2 The functions of the Authority (DSFA) 53
3.5.3 General offence and penalty 55
3.5.4 Management Obligations 56
3.5.5 Legal applications; 58
4. THE CHALLENGES FACING EEZ SUPERVISION 62
4.1 MIGRATORY NATURE OF THE FISH 62
4.2 TRAGEDY OF THE COMMON 63
4.2.1 Over-fishing 63
4.2.2 Over-capacity 64
4.2.3 Conflicts between fishermen 64
4.2.4 Marine pollutions 65
4.3 MANAGEMENT PROBLEMS 65
4.3.1 Lack of capacity to manage 65
4.3.2 Regional and international management framework 66
4.3.3 Financial problems 66
4.3.4 Hesitating for convention ratification 67
5. SOLUTIONS TO THE CHALLENGES 68
5.1 EFFECTIVE REGULATED FISHERY MANAGEMENT 68
5.1.1 Installation of TAC 68
5.1.2 Establishment of common fisheries policy 69
5.1.3 Effective MCS unit 69
5.1.4 Ratification of conventions 71
5.1.5 Strategy on IUU fishing 71
5.2 CAPACITY BUILDING 72
5.2.1 Training 72
5.2.2 Research 72
5.2.3 Stakeholders participations 73
6. CONCLUSION AND RECOMMENDATIONS 75
REFERENCES 77
- Degree
- Master
- Appears in Collections:
- 글로벌수산대학원 > 국제수산과학협동과정
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