Nigeria’s Exploitation of its Exclusive Economic Zone: Environmental Concerns – Amina Mahmud Jega

The laws regulating the use and exploration of the seas, ranging from internal to external waters of states have undergone centuries of evolution, from doctrines of the sea as res communis promulgated by Grotius in the seventeenth century, to a move toward protection of national interests exemplified in the work of RR Churchill and AV Lowe and the Truman Proclamation by the United States in 1945 to the four 1954 Geneva conventions on the law of the sea; 1958 Geneva Convention on Territorial Sea and Contiguous Zone, 1958 Geneva Convention on High Seas (CHS), 1958 Geneva Convention on Fishing and conservation of the living resources of the High Seas (CFCLR) and the 1958 Geneva

Convention the Continental Shelf (CCS), later to the 1982 Convention on the Law of the Sea (UNCLOS III) to which Nigeria was part of the Negotiations and is a signatory) which is currently largely regarded as the customary international law of the sea. 

Today, the law of the sea is such that it has enabled various nations of the world, Nigeria not excluded to explore and exploit sea resources as a method of growing their economy and protecting their national interests. 

Article 55 of the UNCLOS III provides thus: ‘The EEZ is an area beyond and adjacent to the territorial sea… under which the rights and jurisdiction of the coastal state and the rights and freedoms of other states are governed by the relevant provisions of this convention’ and Article 56 declares the sovereign rights of coastal states of the EEZ for the purpose of exploring and exploiting, conserving and managing the natural resources and with regard to other activities such as production of energy from the water, currents and winds etc.

Nigeria currently maintains a maritime claim of 200 nautical miles as its exclusive economic zone, in Section 1 Exclusive Economic Zone Act, which is in accordance with the position of customary international law, codified as Article 57 of UNCLOS III. It also has a territorial sea of 56km.

 The Exclusive Economic Zone Act, containing 7 sections recognizes Nigeria’s interest in exploiting its EEZ but further only provides for the right to erect installations, artificial islands etc. and makes no regulations regarding other possible means of exploitation.

 The Sea Fisheries Act (SFA) is the primary legislation regulating fishing as a mode of exploitation in Nigeria’s territorial waters and in its EEZ. 

Some of its environmentally motivated provisions include the prohibition of detrimental techniques in fishing such as the use of explosive substances or any noxious or poisonous matter: Section 10.  Employment of such technique is a crime under the SFA. 

The Sea Fisheries (fishing) Regulations (SFFR) in Paragraph 11 declares it an offence to catch and sell fish of smaller size than the prescribed size of fish as may be determined by the Nigerian Institute for Oceanography and Marine Research. Paragraphs 19 and 20 prohibit capturing of Lobster and crab of less than 7cm and 6cms respectively and that Berried (bearing eggs) Crabs or Lobster also caught shall be returned to the waters.

Section 1 of the SFA and Paragraph 10 of the SFFR prohibit trawling within the 0-5 Nautical Miles of the sea, known as the non-trawling zone. This creation was not for environmental conscious reasons but to reserve the area for coastal artisanal fishery and avoid conflict amongst user groups.

The Shrimp industry of Nigeria, constitutes one of Nigeria’s main fish product export. In harvesting this shrimp, the most common method, evidenced by the fact that Trawlers constitute the most licensed vessels for marine fishing in Nigeria: is Shrimp Trawling. Shrimp Trawling is of particular concern because the bottom trawl nets which are used are indiscriminate in nature, causing serious damage to coral reefs, capturing endangered species such as the sea turtles, produces a large ‘bycatch’ of unmarketable fish and aquatic fauna of no commercial value. The practice and the requirement of the SFFR is for such catch to be returned to the ocean. The effect of trawling is such that even by catch are seriously injured in the process and when brought to the surface may already be dead before being dumped back in the sea. Hence the requirement of returning such fish to the sea is defeated by the practice. Trawling also destabilizes the ocean floor, the net is dragged, essentially ploughing the sea bed. 

This practice is causing serious harm to the marine environment and if not curtailed, will defeat the entire purpose for which third world countries such as Nigeria fought for and obtained the EEZ in the UNCLOS III negotiations in order to gain economic advantage for retaining an area solely for their exploitations.  The marine environment will continue to experience habitat loss, reduction and disappearance of indigenous ecosystems and reduction in biodiversity. 

Undoubtedly the fishing industry of Nigeria is an essential one, contributing to the country’s GDP but more significant locally for the provision of food for consumption. But it has since begun to notice a decline in both demersal fish (found at the seabed) and Pelagic fish. And there is no regulation restricting access and operations (there are records of about 790,000 Nigerians employed in Fishing sector). The amount of fish caught vastly outgrow the rate at which the fish are able to reproduce. Overfishing affects the ecosystem in the oceans which then directly affects coastal states such as Nigeria that depend on fishing on a large scale.

New Policies and legislations are required to be put in place which should recognize the importance of fishing to Nigeria’s economy but also strike a balance by recognizing the need to implement effective environment friendly and sustainable fishing methods. Aquaculture should be encouraged whereby fish are farmed in vast quantity to cover the demand in the market while allowing the fish population in the seas to replenish itself through reproduction. Closed seasons should be implemented to provide time for the fish to reproduce naturally.

Understanding the connection between development activities such as fishing and their impact on our environment is of great import. After all, the protection of our marine environment is one of the interests of coastal countries under customary international law and the UNCLOS III. It is the role of government to adopt and implement policies for the protection of national interests such as the preservation of marine environment. It is vital to monitor the state of the aquatic ecosystem in order for fisheries to continue being a reliable source of food and income in Nigeria. This is a call for the review of existing legislation such as the Sea Fisheries Act which although adept in its address of other facets of Nigeria’s policies towards marine fishing, deficient as regards environmental concerns on the effect of fishing as an exploitation of Nigeria’s marine resources with a view of encouraging and implementing policies for conservation of aquatic environment for future healthy and sustainable exploitation.