Stakeholders call for rough action on illegal fishing

The recent 11th Our Ocean Conference in Mombasa, Kenya, culminated in the adoption of the Mombasa Declaration, a pivotal commitment by fifteen nations to combat Illegal, Unreported, and Unregulated (IUU) fishing. This declaration, launched on June 17, 2026, aims to advance fisheries transparency through enhanced data sharing, modernized vessel registries, and public access to fishing authorizations. IUU fishing poses a severe threat to Africa's blue economy, costing the continent an estimated $11 billion annually and undermining food security and marine ecosystems. The initiative seeks to transition from policy principles to concrete global action, urging coastal and flag states to integrate transparency measures into their legal and enforcement frameworks.

The global fight against Illegal, Unreported, and Unregulated (IUU) fishing received a significant boost with the adoption of the Mombasa Declaration at the 11th Our Ocean Conference (OOC), held in Mombasa, Kenya, on June 17, 2026. This landmark declaration, endorsed by fifteen nations across Africa, Asia, the Caribbean, Europe, and the Pacific, signals a renewed international commitment to tackle a pervasive issue that costs the African continent an estimated $11 billion in annual losses. The declaration specifically champions fisheries transparency as a critical tool to deter illicit activities, emphasizing the need for robust data collection, sharing, and public accessibility.

IUU fishing not only inflicts substantial economic damage but also severely impacts marine ecosystems, depletes fish stocks, and threatens the livelihoods and food security of millions, particularly in vulnerable coastal communities. The Mombasa Declaration, therefore, represents a crucial call to action for coastal and flag states to move beyond theoretical discussions and implement practical, enforceable transparency measures. This article will delve into the legal and practical implications of the Mombasa Declaration, examining its alignment with existing international and national frameworks, identifying potential gaps, and outlining the challenges and opportunities for legal practitioners in Kenya and the broader African region.

IUU fishing encompasses a broad spectrum of illicit activities, including fishing without proper authorization, misreporting or failing to report catches, and operating in areas without applicable conservation or management measures. Its global economic impact is staggering, estimated to be up to $50 billion annually, with Kenya alone facing losses of KSh 40-45 billion each year. Beyond financial costs, IUU fishing contributes to overfishing, habitat destruction, and biodiversity loss, undermining the long-term sustainability of marine resources.

The international legal framework for combating IUU fishing is multifaceted, anchored by the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, which delineates states' rights and responsibilities concerning ocean resources. A key instrument is the Food and Agriculture Organization's (FAO) Agreement on Port State Measures (PSMA), which entered into force in 2016 and aims to prevent illegally caught fish from entering markets by strengthening port controls. Kenya became a party to the PSMA in 2017, demonstrating its commitment to international efforts. Other foundational instruments include the FAO Code of Conduct for Responsible Fisheries (1995) and the International Plan of Action to Prevent, Deter and Eliminate IUU Fishing (IPOA-IUU) (2001), which provide voluntary guidelines and a strategic toolbox for states.

Domestically, Kenya's primary legislation is the Fisheries Management and Development Act, 2016 (No. 35 of 2016), which aims to conserve, manage, and develop fisheries while implementing international obligations. However, this Act has faced criticism for ambiguities regarding the division of responsibilities between national and county governments and for potentially criminalizing traditional fishing practices, leading to calls for its repeal and replacement. Complementary efforts include Kenya's ratification of the ILO's Work in Fishing Convention (C.188), IMO's 2012 Cape Town Agreement (CTA), and the STCW-F Convention, which collectively address crew welfare, vessel safety, and training, all indirectly supporting the broader fight against IUU fishing.

The Mombasa Declaration, adopted at the 11th Our Ocean Conference, represents a concerted effort to operationalize fisheries transparency. The fifteen signatory nations, including key African states like Cameroon, Gambia, Ghana, Guinea, Liberia, Republic of Congo, and Somalia, have committed to concrete transparency reforms. These include modernizing vessel registries, publicly publishing fishing authorizations, and enhancing information-sharing to bolster enforcement and accountability across the seafood value chain. The declaration builds upon and supports the Global Charter for Fisheries Transparency, which outlines ten policy principles for improved governance through low-cost or no-cost reforms.

Despite this strong international and regional commitment, significant challenges and potential contradictions exist at the national implementation level, particularly within Kenya. While the Mombasa Declaration calls for robust transparency, Kenya's existing Fisheries Management and Development Act, 2016, has been criticized for its practical shortcomings and misalignment with constitutional mandates for shared governance. There are ongoing plans to repeal and replace this Act, indicating a recognition of its limitations in effectively addressing contemporary fisheries challenges, including IUU fishing. This legislative overhaul will be critical in harmonizing national law with the ambitious goals of the Mombasa Declaration and other international instruments.

Furthermore, the effectiveness of the declaration hinges on the political will and technical capacity of individual states to integrate these transparency measures into their domestic legal and enforcement systems. Weak and fragmented Monitoring, Control, and Surveillance (MCS) systems, coupled with limited technical capacity and uneven enforcement across countries, continue to provide avenues for illegal operators to exploit governance gaps. The issue of disproportionate penalties for small-scale fishers under current Kenyan law, such as fines of up to KES 300,000 or five years imprisonment for minor violations, highlights a social justice dimension that must be addressed to ensure equitable and effective enforcement.

Regionally, efforts by organizations such as the African Union (AU) and the Intergovernmental Authority on Development (IGAD) to develop policy guidelines and strengthen MCS systems are crucial, recognizing the transboundary nature of IUU fishing. The FISH-i Africa Task Force, of which Kenya is a member, also plays a vital role in fostering cooperative networks in the Western Indian Ocean. These regional initiatives, alongside support from international partners like the European Union, are essential for building a coordinated and robust response to IUU fishing across Africa. The success of the Mombasa Declaration will ultimately depend on the seamless integration of these various layers of governance and enforcement.

The Mombasa Declaration marks a significant political and legal milestone in the global effort to combat IUU fishing, particularly in Africa. Its emphasis on fisheries transparency, through commitments to modernize vessel registries, publish fishing authorizations, and enhance data sharing, provides a clear roadmap for states to strengthen ocean governance. For legal practitioners, this signals an evolving regulatory landscape that will necessitate advising clients on new compliance requirements related to vessel identification, ownership transparency, and reporting obligations.

The ongoing legislative reforms in Kenya, including the planned repeal and replacement of the Fisheries Management and Development Act, 2016, and the drafting of secondary legislation to implement international instruments like the PSMA, present both challenges and opportunities. Legal professionals must closely monitor these developments to ensure clients navigate the transition effectively. The success of the Mombasa Declaration will ultimately hinge on the political will of signatory states to translate these commitments into robust domestic legislation, effective inter-agency collaboration (such as between the Kenya Maritime Authority and Kenya Fisheries Service), and sustained regional and international cooperation. Practitioners should prepare to guide stakeholders through these changes, advocating for equitable enforcement and contributing to the development of a more transparent and sustainable fisheries sector.