Abstract
South Africa is affected by the advent of Illegal, Unreported, and Unregulated (IUU) fishing and resultant pollution, in the process posing enormous damage to the country’s marine environment. To this end, the Marine Pollution (Control and Civil Liability) Act ‘provides for the protection of the marine environment from pollution by oil and other harmful substances, and for that purpose to provide for the prevention and combatting of pollution of the sea by oil and other harmful substances. Equally, it endeavours to “determine liability in certain respects for loss of damage caused by the discharge of oil from ships, tankers and offshore installations”. While the Act focuses on damage caused by oil and other harmful substances, the extent to which harmful conduct brought about by Illegal, Unreported and Unregulated (IUU) Fishing falls within its ambit is not altogether clear. Harmful fishing methods, including inter alia fishing gear, causes damage to the marine environment, and poses a threat to marine living resources. To this end, this paper examines the role of the MLRA in combating IUU related pollution, and the liability that emanates because of the harm posed to marine living resources due to IUU fishing and pollution. It argues that IUU fishing should be criminalised under offences dealing with pollution, in order to strengthen the fight against human conduct that continue to threaten marine fishery resources.
Presenters
Molefhi PhoregoPostdoctoral Fellow, Faculty of Law (Public Law), Nelson Mandela University, Eastern Cape, South Africa
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
IUU fishing, Pollution, Marine Law Enforcement
