CHAPTER 1 INTRODUCTION 1.1 Statement of Research Problem The start of the 21st century marked the period when the opinions of all the stakeholders in the fishing industry globally converged on the perception that marine fishery resources are in a deplorable state. Since the United Nations Food and Agricultural Organisation (FAO) commenced monitoring the global state of marine fish stocks in 1974 the proportion of underexploited and moderately exploited stocks has fallen from 40 percent (%) in 1974 to 23% in 2005. Similarly, overexploited and depleted stocks increased from 10% in 1974 to around 25% in the early 1990s, where it has stabilised until the present date. The proportion of fully exploited stocks declined from slightly over 50% in 1974 to around 45% in the early 1990s, but later increased to 52% in 2005.1 At the national level, the state of marine fishery resources reflects the global trend. For instance, between 1992 and 2007 the landing of inshore fisheries catch in Nigeria steadily declined from 25,592 tonnes to 18,040 tonnes, while the landing of offshore fisheries catch in 2007 was only 2,158 tonnes,2 although the latter is generally claimed to be underexploited.3 The total commercial shrimp catch declined to 5,995 tonnes in 2007 against 15,249 tonnes in 1999.4 The deplorable state of marine fishery resources threatens food supply, food security and income generation for more than 2.6 billion people, mostly from developing countries, including Nigeria.5 Until recently, the consensus was that the lamentable state of marine fishery resources was primarily caused by overfishing with pollution and habitat destruction also contributing significantly to the problem.6 These problems persist because of non-compliance by states and individuals with the relevant international and domestic laws. The 2007 1 Food and Agriculture Organisation (FAO) (2007) The State of World Fisheries and Aquaculture 2006, Rome: FAO, p. 29 (Hereinafter referred to as ―SOFIA 2006‖). 2 Federal Department of Fisheries (FDF), (2008) Fish Statistic File, Victoria Island, Lagos: FDF. 3 Nwafili, S. A. and TainXian, G. (2007) ―Structure and Dynamics of Fisheries in Nigeria‖, Journal of Ocean University of China, Vol. 6, No. 3, pp. 281-291 at p. 281, Edet, E. E. and Williams, A. B., (2007) ‗Overview of the Nigerian Fisheries Sector‘, A Paper Presented at the FAO-EAF Workshop, Accra, Ghana. 23- 26 October, 2007, pp. 1-19 at p. 12; Amire, A. V. (2003) ―Monitoring, Measurement and Assessment of Fishing Capacity: The Nigerian Experience‖, In: Pascoe, S., and Gréboval, D., (eds.) Measuring Capacity in Fisheries, FAO Fisheries Technical papers No. 445, Rome: FAO, pp. 143-158 at p. 148, and Tobor, J. G., (1985) Fish Production and Processing in Nigeria, Technical Paper No. 22, Lagos: Nigerian Institute for Oceanography and Marine Research, p. 12. 4 Federal Department of Fisheries (FDF), (2008) Fish Statistic File, Victoria Island, Lagos: FDF. 5 SOFIA 2006, p. 3. 6 Oosterveer, P. (2008) ―Governing Global Fish Provisioning: Ownership and Management of Marine Resources‖, Ocean & Coastal Management, Vol. 51, Issue 12, pp. 797-805, at 797 and Joyner, C. C. (1998) ―Compliance and Enforcement in New International Fisheries Law‖, Temple International and Comparative Law Journal, Vol. 12, Issue 2, pp. 271-300 at p. 271. 1 Intergovernmental Panel on Climate Change (IPCC)7 report reveals that from 1961 to 2003 the average temperature of the oceans has increased globally by 0.037oC to depths of 3000 m, and that the oceans have absorbed more than 80% of the heat added to the climate system.8 The increasing ocean temperature causes the ocean water to expand and it also accelerates the melting of Antarctic and Arctic icebergs and ice shelves. These effects have resulted in sea level rises and ferocious storm surges9 such as the one in Funafuti photographed by Gore (Figure. 1.1).10 Figure 1.1 Photograph of Ocean Surge at Funafuti 11 Source: Gore, A., op. cit 7 Solomon S. et al., (eds.) (2007) Climate Change 2007: The Physical Science basis. Contribution of Working Group 1 of the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, Cambridge: Cambridge University Press, Parry, M. L., et al., (eds.) (2007) Climate Change 2007: Impacts, Adaptation and Vulnerability, Contribution of Working Group II to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, Cambridge: Cambridge University Press and Metz, B., et al., (eds.) (2007) Climate Change 2007: Mitigation, Contribution of Working Group III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, Cambridge: Cambridge University Press. 8 IPCC (2007) ―Summary for Policymakers‖, In: Solomon S., et al., (eds.) Climate Change 2007: The Physical Science basis. Contribution of Working Group 1 of the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, Cambridge: Cambridge University Press, pp. 2-18 at p. 5, Bindoff, N. L., et al., (eds.) (2007) Observations: Oceanic Climate Change and Sea Level, In: (2007) Climate Change 2007: The Physical Science Basis. Contribution of Working Group 1 to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, Cambridge: Cambridge University Press, pp. 386-432 at p. 391 and Barnett, T. P., Pierce, D. W., and Schnur, R., (2001) ―Detection of Anthropogenic Climate Change in the World‘s Oceans‖, Science, Vol. 292, No. 5515, pp. 270-274 at pp. 271 and 272. 9 Sir Attenborough, D. (2006) Climate Change: Britain Under Threat, Milton Keynes: The Open University Worldwide, 0:39:58/0:59:01- 0:40:27/0:59:01 and 0:49:28/0:59/01 – 0:49:55/0:59:01. 10 Gore, A (2006) an inconvenient truth: The Planetary Emergency of Global Warming and What We Can Do About It, London: Bloomsbury Publishing Plc, pp. 186-187. Photographs, graphs and maps used in the Gore documentary textbook have been reproduced in Gore, A. (2006a) an inconvenient truth: A Global Warning, US: Paramount Classic. Other impacts of climate change on marine fishery resources are discussed in more detail in Chapter 2 of this thesis. See particularly pp. 56-63 of Chapter 2. 11 This text was analysed using the intertextuality and semiotic analyses. For detailed discussion on the methods of analysis used in this thesis see pp. 27-31 of Chapter 1. 2 The issues embedded in the above photograph include the intrusion of high salinity ocean water into estuaries (the spawning, nursery and feeding grounds for certain marine fish), and the destruction of properties and infrastructure of coastal dwellers by storm surges. These have caused coastal dwellers to put more pressure on already overexploited marine fish stocks. The chances of the observed heat in the ocean being produced by natural internal forces alone are less than 5%.12 Scientists have established that anthropogenic emissions of greenhouse gases (GHGs), notably carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), ozone (O3) and chlorofluorocarbons (CFCs) are the cause of current global warming.13 By affecting the physiology and ecosystems of marine fish stocks, as well as exacerbating their overexploitation, anthropogenic-induced climate change has introduced a new dimension into the marine fish crisis. 1. 2 Thesis Scope and Research Questions The two salient issues that dominate the discourse on the marine fish crisis at national and international levels are (i) identifying the cause(s) of the crisis, and (ii) proffering solution(s) to the crisis.14 This thesis is based upon an exposition of two interrelated fisheries problems, which have serious national and global implications, and failure of the proffered solutions in the existing literature on fisheries to adequately address the problems. Firstly, the effectiveness of the United Nations (UN) and its FAO‘s instruments on fisheries15 depends on compliance by states. According to Stokke and Vidas, although subregional and regional fisheries management organisations (RFMOs) can adopt 12 Barnett, T. P., Pierce, D. W., and Schnur, R., op. cit., p. 270 and IPCC (2007) op. cit., p. 10. 13 Ibid. A greenhouse effect occurs when GHGs in the atmosphere alter the natural balance between the radiation of sun energy on the earth, which comes in the form of short wavelength, and the reflection of this energy, in the form of long wavelength (infra-red radiation), back into space. The process whereby GHGs trap infra-red radiation naturally keeps the earth warm but excessive emission of GHGs into the atmosphere by humans increases the atmosphere‘s ability to absorb infra-red energy. Just as what happens in a greenhouse where there is no provision for escape of heat. In this situation, the Earth‘s temperature continues to rise with its attendant consequences. Despite the CFCs being a GHG, the 1992 United Nations Framework Convention on Climate Change (UNFCCC) and the 1997 Kyoto Protocol to the UNFCCC (Kyoto Protocol) do not regulate it because it has been effectively controlled under the Montreal Protocol. Articles 4(I)(a-d) and 2(a-b), UNFCCC. 14 Detailed discussion of the causes and the suggested solution to the sorry state of fishery resources globally and in Nigeria is presented in Chapter 2 of this thesis. See pp. 43-64 and pp. 88-97 respectively. 15 The major UN fisheries instruments are the United Nations Convention on the Law of the Sea of 10 December 1982 (the Convention) and the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (the FSA). On the other hand, the major FAO fisheries instruments are the 1993 Agreement to Promote Compliance International Conservation and Management Measures by Fishing Vessels on the High Seas (the Compliance Agreement) and the 1995 FAO Code of Conduct for Responsible Fisheries (the Code) and its associated instruments.