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The United Nations-Nippon Foundation Fellowship Programme 2011 - 2012

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The United Nations-Nippon Foundation Fellowship Programme 2011 - 2012 ! EVALUATION OF THE LAWS, POLICIES AND GOVERNANCE STRUCTURE OF THE NIGERIAN FISHERIES Yetunde E. Agbeja The United Nations-Nippon Foundation Fellowship Programme 2011 - 2012 DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA OFFICE OF LEGAL AFFAIRS, THE UNITED NATIONS NEW YORK, 2012 DISCLAIMER ! ! The !views !expressed !herein !are !those !of !the !author !and !do !not !necessarily !reflect !the !views !of !the ! Federal !Government !of !Nigeria, !the !United !Nations, !the !Nippon !Foundation !of !Japan, !or !the !St. ! Mary’s !University, !Halifax !Nova !Scotia, !Canada. ! ii ! ! ! ! Abstract The steady increase of countries signing International agreements, conventions and treaties signifies rising political recognition of the establishment of good governance structures. This study evaluates the laws, policies and governance structure of the Nigeria Fisheries with a view to determining its effectiveness. The study was conducted using desk review of literature on international standards and regulations in relation to responsible fisheries management and governance in general. Global and regional development in fisheries governance such as United Nations Law of the Sea (UNCLOS), Food and Agriculture Organization (FAO), FAO’s Code of Conduct for Responsible Fisheries, FAO Compliance Agreement, The Abidjan Convention and Agenda 21 were explored by critically investigating the forms and processes of governance and planning in the fisheries sector. Various approaches to fisheries managements that evolved and have been adopted over the years by international agreements were also examined. These fisheries management approaches include the Integrated Coastal Zone Management; Ecosystem Based Management; Participatory Management; Precautionary Approach; Adaptive Management; and Sustainable Livelihood Approach. Fisheries governance in Nigeria and its implication on sustainable fisheries management was examined. The study further examined fisheries governance in a developed economy using Canada as a case study and lessons worthy of consideration were highlighted. Examination of this structure revealed that the Nigeria has since been making more efforts to comply with international agreements and standards fisheries management plan. This is demonstrated by Nigeria being signatory to many international agreements, conventions and treaties. In particular, Nigeria signed UNCLOS and was ratified on the 14 August 1986; ratified the agreement relating to the implementation of Part XI of the Convention on the 28 July, 1995. Nigeria also signed and ratified the Agreement for the Implementation of the Provisions of the iii ! ! ! ! Convention Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks on the 2 November, 2009. Evaluation of the content of the fisheries management plan, revealed current status of the Nigerian fishery sector, established user rights; the management objectives; how these objectives are to be achieved and legislation backing up these plans. Areas where Nigeria’s fisheries plan did not address include clear structures for participatory management, conflict management and climate change adaptation. The lessons worthy of consideration from the Canadian fisheries include the fact that science must be the basis for all decisions regarding fisheries management; and the necessity of Nigeria to accord more resources towards regulation. The study was concluded by suggestion of policy options for appropriate fisheries governance structure, such options include; improve enforcement of fisheries regulations giving more stringent penalties for non-compliance. Nigeria needs to invest in the recruitment and training of enforcement personnel. Keywords : UNCLOS, Governance, Sustainable Fisheries Management, Fisheries Legislation, GCLME iv ! ! ! ! Supervisors: Prof. Anthony Charles St. Mary’s University Halifax, Canada Dr. François Bailet Programme Advisor Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, The United Nations, New York USA v! ! ! ! Acronyms ACBF African Capacity Building Foundation ADB African Development Bank APRM African Peer Review Mechanism ARAC African Regional Aquaculture Centre CZM Coastal Zone Management DBSA Development Bank of Southern Africa EA Equatorial Anti cyclonic EEZ Exclusive Economic Zone FAO Food and Agriculture Organization FDF Federal Department of Fisheries FISON Fisheries society of Nigeria GCLME Gulf of Guinea Large Marine Ecosystem GNI Gross National Income ICM Integrated Coastal Management ICT Investment Climate Facility ICZM Integrated Coastal Zone Management IDC Industrial Development Corporation ILO International Labour Organization IMO International Maritime Organization ITCZ Inter tropical Convergence Zone IUU Illegal Unreported and Unregulated LOSC Law of the Sea Convention MCS Monitoring, Control and Surveillance MFI Micro Finance Institute vi ! ! ! ! MPAs Marine Protected Areas MSY Maximum Sustainable Yield NAS North Atlantic Subtropical NEC North Equatorial Current NEC North Equatorial Cyclonic NEEDS National Economic and Empowerment Development Strategy NGO Non-Governmental Organization NIFFR National Institute for Freshwater Fisheries Research NIOMR Nigerian Institute of Ocean and Marine Research NPC National Planning commission OAU Organization of African Unity SEC South Equatorial Current SEC South Equatorial Cyclonic TACs Total Allowable Catches UN United Nations UNCED United Nations Conference on Environmental and Development UNCLOS III Third United Nations Conference on the Law of the Sea UNECA United Nations Economic Commission for Africa USD US Dollar vii ! ! ! ! Acknowledgment I am grateful to The United Nations and the Nippon Foundation of Japan for granting me the opportunity to participate in this research fellowship. Special thanks to the Saint Mary’s University and the United Nations Office of Legal Affairs, Division for Ocean Affairs and the Law of the Sea (UN/DOALOS), for accommodating and hosting me during the fellowship placements. I also thank my supervisors Prof. Tony Charles and Dr. Francois Bailet for sharing their knowledge, time and resources towards the fulfillment of this fellowship. My gratitude and appreciation goes to Vice Chancellor of the University of Ibadan, for nominating me for this fellowship and my colleagues at the Department of Wildlife and Fisheries Management, University of Ibadan, Nigeria for their support during the fellowship. I thank my spouse, family and friends for their constant support and encouragement. My sincere appreciation also goes to the Wagenigen International, Netherlands and the International Ocean Institute, Canada for rein enforcing my interest in the oceans. Finally, I would like to thank my friends and fellows of 2011-12 for making our stay at the division worthwhile. viii ! ! ! ! Table of Contents Abstract !........................................................................................................................................................ !iii ! Acronyms !..................................................................................................................................................... !vi ! Acknowledgment !....................................................................................................................................... !viii ! Table of Contents !......................................................................................................................................... !ix ! List of Figures !.............................................................................................................................................xiii ! List of Tables !.............................................................................................................................................. !xiv ! PART !I!............................................................................................................................................................ !1! Chapter !1!....................................................................................................................................................... !1! 1.1 !Introduction !........................................................................................................................................ !1! 1.2 !Scope !and !Objectives !.......................................................................................................................... !4! 1.3 !Outline !of !Study !.................................................................................................................................. !5! Chapter !2!....................................................................................................................................................... !7! 2.1 !The !Gulf !of !Guinea !.............................................................................................................................. !7! 2.2 !Oceanography !of !the !Gulf !of !Guinea !................................................................................................ !12 ! 2.3 !Marine !Biodiversity !of !the !Gulf !of !Guinea !Large !Marine !Ecosystem !................................................ !14 ! Chapter !3!..................................................................................................................................................... !17 ! 3.1 !Nigeria R! Geographic !Context !............................................................................................................
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