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Periodical article |
| Title: | Legal and Institutional Aspects of Fisheries in West Africa |
| Author: | Roberts, Ken |
| Year: | 1998 |
| Periodical: | African Journal of International and Comparative Law |
| Volume: | 10 |
| Issue: | 1 |
| Period: | March |
| Pages: | 88-122 |
| Language: | English |
| Geographic term: | West Africa |
| Subjects: | international law of the sea fishing rights marine fisheries Agriculture, Natural Resources and the Environment Economics and Trade Law, Human Rights and Violence |
| External link: | https://heinonline.org/HOL/P?h=hein.journals/afjincol10&i=98 |
| Abstract: | The wealth of maritime resources under the jurisdiction of the coastal States of West Africa engenders a corresponding need for monitoring, control and surveillance to ensure the sustainability of these fisheries. This paper examines legal aspects regarding the implementation of monitoring, control and surveillance measures, as well as issues concerning the prosecution of fisheries offences in the West African region. It begins with an acknowledgement of the policy considerations which play a part in the choice of such measures, including questions of cost and the choice of resource management system. It then examines such monitoring measures as licensing, registers of fishing vessels, self-reporting of position and catch, and flag State responsibility; the choice of the competent authority to direct such operations and the delegation of powers; and the need to be able to enforce legislation through effective prosecution, which requires a comprehensible definition of offences and penalties, as well as an understanding of questions of evidence, particularly with regard to photographic and satellite position data. As a final note, the author highlights the advantages which may be obtained through the regional harmonization of monitoring, control and surveillance legislation, with particular reference to the experience of the Sub-Regional Fisheries Commission. App., notes, ref. |