Blow as China declines to sign pact on illegal fishing

It is a blow to Kenya's war on Illegal, Unreported, and Unregulated (IUU) fishing following reports that China has refused to sign the Mombasa Declaration at the 11th Our Ocean Conference.

The declaration commits nations to greater transparency regarding vessel ownership, licensing, and tracking to combat IUU. Chinese firms are linked to IUU fishing in the Indian Ocean.

Ghana, Cameroon, Gambia, Guinea, Liberia, the Republic of the Congo and Somalia signed the Mombasa Declaration during the conference in June. Belgium, Chile, the Dominican Republic, France, Panama, Papua New Guinea, Peru and South Korea also signed.

The agreement supports the Global Charter for Fisheries Transparency, which is expected to improve governance through digital vessel registries and the publication of fishing licences, authorisations, access agreements, and quota allocations.

It is also meant to ensure that all industrial fishing vessels have unique vessel identifiers and that information on the beneficial owners of vessels and fishing companies is collected to target and hold illegal fishing violators accountable.

However, China, which commands the world’s largest distant-water fishing fleet and is the world’s worst illegal fishing offender, according to the IUU Fishing Risk Index, has reportedly not signed it.

Chinese vessels are major contributors to IUU fishing in Kenyan waters and the broader Southwest Indian Ocean (SWIO) region, according to the Environmental Justice Foundation’s 2024 report.

The report titled “The Tide of Injustices: Exploitation and Illegal Fishing on Chinese Vessels in the Southwest Indian Ocean" reveals that at least 138 Chinese vessels operated in the SWIO in 2023.

Out of these vessels that fished in Kenya, Tanzania and neighbouring waters, at least 177 engaged in IUU fishing or human rights abuses in the SWIO between 2017 and 2023. Not all Chinese vessels operating in the SWIO, however, engage in IUU fishing, as some are licensed by the relevant agencies.

In Malindi, locals have frequently complained of Chinese boats targeting crabs, lobsters, shrimp and sharks, with an estimated catch of 15-20 tonnes per trip.

Reports indicate that some of these Chinese vessels are allowed to operate illegally due to Beijing’s leverage over Kenya regarding debts. Almost half of Chinese fishing vessels are state-owned.

IUU involves fishing activities that violate national and international laws, including fishing without proper licenses, using banned gear, or fishing in restricted areas.

The vice undermines efforts to conserve fish stocks, hampers sustainable fisheries management, and affects the income of legal fishermen. Kenya has weak regulatory and enforcement mechanisms.

Experts say the inconsistent enforcement of fishing regulations, limited surveillance and monitoring capabilities, and corruption allow illegal fishing practices to persist.

Government data shows that Kenya loses an estimated Sh40 to 45 billion annually to IUU fishing, which threatens local food security, damages marine ecosystems, and harms artisanal fishers.

In June, Kenya hosted Our Ocean Conference in Mombasa, and delegates renewed calls for stronger ocean protection, sustainable fisheries management and increased investment in the blue economy.

Mining and Maritime Affairs Cabinet Secretary Hassan Joho called for stronger international cooperation to combat IUU fishing, which he said was depleting fish in Kenya.

He called for the establishment of a global blacklist for offending vessels, improved policy coordination and expanded sharing of surveillance technologies.

Highlighting recent progress in Kenya's fisheries sector, Joho announced that the number of Kenyan-flagged fishing vessels has increased from just seven to more than 50 within a year.

Yesterday, fishing expert in Mombasa, Joan Kenga, said that Chinese firms were the biggest offenders and that their failure to sign the treaty was a blow to countries in the western Indian Ocean.

“Most of us know that China is the biggest offender. Kenya has lost a lot to trawlers from Beijing because of corruption and weak laws,” said Kenga.

Kenya enjoys a 640km coastline along the Indian Ocean, which includes 12 nautical miles of territorial waters and an Exclusive Economic Zone (EEZ) extending 200 nautical miles.

While both inland and marine waters are exploited, inland capture fisheries dominate Kenya's production. Lake Victoria alone contributes about 92 per cent of inland fish landings, while marine capture contributes 4 per cent and aquaculture 1 per cent of total national production.

In 2021, it supported 65,000 fishers and 70,000 fish farmers and maintained 149,000 stocked ponds, according to the Kenya Fisheries Service (KeFS).

Overall, the sector supports about 1.2 million people directly and indirectly across fishing, trading, processing, and supply value chains, according to the State Department for Fisheries.

Other than Chinese vessels, Indonesian-flagged illegal fishing vessels have also been on the Interpol wanted list. In 2024, two ships, Berkat Menjala no. 23 and Samudera Pasific no. 8, were flagged by Interpol.

Interpol indicated that two vessels that were headed to Mombasa were engaged in IUU fishing, human trafficking, smuggling of contraband goods, and toxic substance dumping.

Captains of the vessels had notified Kenya Ports Authority (KPA) of their intention to dock at the port and then listed them as vessels expected at the port in the 14-day ship list in January and February 2024.

Interpol raised a purple notice on January 21, after the South African Department of Agriculture, Forestry and Fisheries (DAFF) lodged a complaint with the international police.

Maritime analyst Andrew Mwangura told Shipping and Logistics then that the two vessels are believed to be among seven foreign vessels suspected to be involved in IUU fishing.

Yesterday, we established that over seven vessels involved in illegal fishing were finding it easy to offload their catch in Mombasa, making the government’s directive against the IUUs a mockery.

Kenya is alleged to act as a safe landing site for vessels involved in IUU fishing along the Indian Ocean waters because of deep-seated corruption at the port.