By Nana Kweigyah, President of the Canoe and Fishing Gear Owners Association of Ghana
Email: nkweigyah@gmail.com
Introduction
A recent document titled “The Collapsing Industrial Fisheries Sector in Ghana” by Mr. Richster Nii Amarh Amarfio presents a series of claims that the Fisheries and Aquaculture Act (2025) is unlawful, economically reckless, and harmful to employment. The argues that the expanded Inshore Exclusion Zone (IEZ) of 12 nautical miles contradicts Ghana’s sovereignty, that Ghanaflag vessels have been “ostracized,” and that the reforms breach “flag state responsibility.” These claims misstate the law, conflate unrelated legal concepts, and misrepresent the purpose and effect of the Act. These claims raise significant legal and factual concerns that warrant clarification.
The central concern for Ghana is not whether a small number of industrial vessels face adjustment. The central concern is whether fish stocks – particularly small pelagic stocks that support millions of livelihoods – will avoid collapse. This is the thrust of the matter.
The Artisanal Fisheries Sector contribution to the Economy of Ghana
Millions of Ghanaians depend on the artisanal sector: fishers, processors, traders, service providers and families. The industrial fleet employs only a fraction of this number, conservatively less than 10,000. If fish stocks collapse, the employment losses will be national and irreversible.
According to the 2022 Canoe Frame Survey conducted by the Fisheries Commission, the artisanal fisheries sector has a direct workforce of 110,351 fishermen operating 12,181 wooden dugout canoes, from 279 landing sites in 187 fishing villages. The Fisheries Commission currently put the number of canoes at over 14,000. The artisanal sub-sector, per statistics, remains the dominant sub-sector of Ghana’s fisheries sector in all facets, fleet, production and employment
Ghana’s 12 nautical miles IEZ and Stakeholders supports
The expansion of the IEZ is critical to the development of Ghana’s fisheries sector, and its longterm sustainability. The decision to expand the IEZ is not a very recent decision, but a decision that has gone through extensive stakeholders’ engagements even before the year 2020 as a result of which the Fisheries Commission in its Marine Fisheries Management Plan for 2022-2026 captured an expansion of the IEZ as part of management measures to be implemented.
In 2024, the Fisheries and Aquaculture Bill was presented to the Parliament of Ghana and work begun on it but the 8th Parliament could not pass the Bill before the dissolution of Parliament after the 2024 general elections. In 2025, the Bill was relayed after another stakeholders’ engagement on the Bill, a meeting of all relevant groups and experts, held on 4th June 2025 before the final submission of the Bill to Parliament. The expansion of the IEZ was once again agreed by stakeholders as has been agreed in the past and same became the position of the Ministry of Fisheries and Aquaculture, and the Fisheries Commission supported by an allay of stakeholders including fishers, fish processers, Non-governmental Organizations/Civil Society Organizations, researchers and scientists who participated in the engagement on the Bill.
United Nations Convention on the Law of the Sea (UNCLOS), Territorial Waters and the IEZ
The industry paper claims that expanding the IEZ to 12 nautical miles is “inconsistent with Ghana’s sovereignty.” This is incorrect.
Ghana’s sovereignty is strongest within its territorial sea, which extends 12 nautical miles from the coastline. Within that zone, Ghana has full authority to regulate fishing, allocate access between sectors, designate protected areas, and enforce conservation measures. Expansion of the IEZ is a direct exercise of sovereignty, and not a surrender of sovereignty. A sovereign state decides how its resources are managed within its own waters. That is exactly what Ghana has done. Under Articles 2 and 3 of UNCLOS, coastal States exercise full sovereignty within territorial waters as on land, and the airspace above the waters, and controls security, navigation rules and all resources. Foreign vessels have only the right of innocent passage within territorial waters.
Emphasis here, the most foundational rationale for the demarcation of territorial waters is state sovereignty and coastal security, and not for fisheries management.
Article 55-75 of UNCLOS establishes the Exclusive Economic Zone (EEZ), sets at 200 nautical miles from the baseline of coastal States that grants coastal States economic rights. Article 56 of UNCLOS grants Coastal States sovereign rights for the exploitation of marine resources and management of fisheries resources. Other states retain freedom of navigation and related lawful uses (Article 58), but not resource exploitation without coastal state consent.
In fisheries management, States demarcate Inshore Exclusion Zones near the shore within which small scale or artisanal fishers are allowed to operate, and industrial or large scale fishing vessels are prohibited. The IEZ is a tool in fisheries management, not just for protecting artisanal fisheries but for sustaining fish stocks
Ostracization or NOT of Ghana-flag vessels
The assertion that the Act “ostracizes Ghana-flag vessels” distorts the meaning of flag state responsibility. Articles 91, 92, and 94 of UNCLOS provide that every vessel must sail under the flag of one State with a genuine link, is subject to the exclusive jurisdiction of that flag State on the high seas, and that the flag State must effectively exercise administrative, technical, and social control over vessels flying its flag. Flying the Ghanaian flag does not grant a commercial entitlement to fish wherever a vessel chooses. It creates an obligation to operate in accordance with Ghanaian law. Flag state responsibility concerns oversight, compliance, and lawful conduct — it does not guarantee commercial access to any particular fishing zone. The authority to determine who may fish, where they may fish, and under what conditions rests with the State, in Ghana with the Fisheries Commission. Regulating access within the territorial sea is the normal exercise of sovereign authority. The claim of ostracization also simply ignores the purpose of fisheries zoning in national waters. The 12 nautical miles affect only 6% of Ghana’s 200 nautical miles Exclusive Economic Zone, the remaining 94% is accessible to industrial vessels using variety of gears. Ghanaian-flagged vessels, whether artisanal or industrial, fishing within Ghana’s EEZ, are still fishing within Ghana’s jurisdiction. Industrial sector actors desiring to fish within the IEZ can switch to low impact fishing gears which the law allows within the zone.
The industry paper attempts to transform a regulatory restriction into a violation of rights. There is no such right. The State has authority to allocate access in the national interest. That is not discrimination; it is the lawful exercise of sovereign governance. Allocation of fishing zones between artisanal and industrial sectors is a domestic management decision within the sovereign authority of the coastal state.
IEZ in West Africa and Distant Water Fishing Vessels
The paper falsely argues that 5 to 6 nautical miles IEZ is a general rule in West African coastal countries. The Gambia, Guinea-Bissau, Sao Tome and Principe already have IEZ of 12 nautical miles, and many more countries are in the process of expanding their IEZ. Outside West Africa, Tanzania and Morocco already have IEZ that extends to 12 nautical miles. In Liberia, Benin, Cote d’Ivoire, Togo and the other countries cited as having 5 to 6 nautical miles IEZ, artisanal fishers are strongly advocating for an increase to their country’s IEZ due to excessive competition from industrial vessel, declining catch, increased instances of conflicts, and high demand for affordable fish for the citizens. Small-scale fishers in these countries frequently fish beyond 6nm to target species like billfish, flying fish and tuna. Due to declining inshore catches, driven primarily by industrial overfishing. The small-scale fishers are having to spend more time fishing offshore. It is positive that Ghana has prioritize the artisanal fisheries sector and expanded the IEZ to reflect trajectories in the fishing sector. This represents a clear move toward equity, sustainability, and food security for millions of Ghanaians.
The argument of comparing Ghana’s IEZ problems to Liberia, Benin, Cote d’Ivoire, Togo and other countries is in itself seriously flawed as it does not present the true picture of the intensity and negative impact of industrial fishing by distant water fishing vessels on Ghana’s IEZ compared to these countries. Approximately 518 distant water fishing vessels (mostly industrial trawlers) using a flag of convenience are registered in African nations, and of those vessels, the vast majority– 92.7% (480 vessels)– fly the flags of countries between Gabon and Morocco (Gutierrez et al., 2020). More than half of these vessels are registered in just two countries: Ghana and Mauritania, subjecting Ghana’s fish stocks to intense exploitation and destructive fishing characterized by frequent incursions of trawlers into the IEZ in a manner and magnitude that none of the countries cited above suffers same. It remains in the best interest of the country to keep the operations of trawlers and other industrial fishing vessels beyond 12 nautical miles to minimize the impacts on the stocks for faster recovery of the near-collapsed fishery.
The IEZ, Fish Supply, and Fish Imports
The industry paper argues that restricting industrial access will increase imports and undermine food security. This is false. Restricting industrial fishing nearshore rather reverses the real risk. The greatest threat to food security is not regulation — it is stock collapse. When nearshore fisheries are overexploited, small pelagic stocks decline, catches fall, and domestic supply shrinks.
That is what drives imports. Continuing to allow intensive extraction through industrial fishing nearshore accelerates depletion and deepens long-term dependency on imports. Protecting inshore waters is not a constraint on food security; it is a safeguard against system collapse. Sustainable access secures future supply.
Fishing beyond 12 nautical miles not new to responsible industrial fishing vessels
Industrial trawl vessels are licensed to do bottom trawling, targeting demersal species. Data from the Fisheries Commission indicates that, whereas small pelagic species such as Sardinella and Chub Mackerel are abundant within 30-50m depth, demersal species such as Red Snappers, Red Mullet, Cassava Fish, Burrito, Red Pandora, Sea Bream and Cuttlefish which are the targets of industrial vessels occur beyond shallow coastal waters, suggesting that industrial operations are not dependent on nearshore zones. It is no surprise that recent Vessel Monitoring System points of trawl vessels from the Monitoring, Control and Surveillance Unit of the Fisheries Commission show heavy concentration beyond 12 nautical miles than within 12 nautical miles. Complaints about 12 nautical miles being far for trawl operations is practically untenable. It gives credence to the fact that harvesting of small pelagic species below 6 nautical miles by industrial trawlers is deliberate, and targeted, made possible by the presence of trawlers nearshore.
Industrial Fishing Aggression on Artisanal Fishing, the case of ‘Saiko’
According to data from the Fisheries Commission, the artisanal fisheries sector contributes massively to food and job security, employing over 10% of the population and providing over 60% of Ghana’s low cost but high-quality protein requirement as well as essential minerals, vitamins and fats.
However, intense fishing pressure nearshore from industrial fishing vessels have rendered the artisanal sector over capacitated as Catch Per Unit Effort (CPUE) in the artisanal sector continues to decline according to catch data from the Fisheries Commission. The fisheries sector in general and the artisanal sector in particular continue to suffer from the devastating impacts of what is termed ‘Saiko’, involving industrial trawlers harvesting juvenile and small pelagic species reserved for artisanal fishers, and trading them at sea to agents, subjecting artisanal fishers into a disturbing unhealthy competition over fisheries resources, depriving artisanal fishers of catch, and weakening local communities’ motivation to engage in conservation practices. This destructive fishing practice by industrial trawlers has impacted the fisheries sector so badly that it will take several decades to recover Ghana’s fisheries lost to ‘Saiko’. Till today, harvesting of juvenile and small pelagic species still persist weakening sustainability efforts by the Fisheries Commission. Reserving the 12 nautical miles IEZ for artisanal fishers is a matter of food security, social justice, and national resilience.
Increasing Interactions between Artisanal Fishers and Industrial Vessels, and the Threats to Human Lives and Fishing Gears of Artisanal Fishers
It is common knowledge that significant artisanal fishing activities take place beyond the 6 nautical miles. For the period October 2019 to December 2020, 81.5% of canoe fishing effort (canoes fishing with set nets and hook and line gears) took place beyond the IEZ boundary, according to a study by Environmental Justice Foundation. Conflicts between artisanal fishers and industrial vessels are also well documented, and available data suggest that artisanal fishers are interacting increasingly with industrial trawlers during fishing expeditions. In one study, the EJF reports that majority of fishers (73.8%) confirmed increased encounters (i.e., sightings, interactions or conflicts) with industrial trawlers compared to five years previously. 92.5% of fishers had encountered industrial trawlers in their fishing grounds during the preceding 12-month period, with 81.3% of fishers reporting multiple encounters of this nature. 70.1% of fishers reported that industrial trawlers had damaged their fishing gear over the preceding 12-month period, with some fishers reporting threats and abuse when trying to approach trawlers. Meanwhile, just about 14.0% of reported cases are attended to.
In a recent pilot project by the Friends of the Nation of electronic vessel tracking device (the Alon device) on artisanal canoes from selected communities along the coast, the results showed that a number of artisanal vessels already fish beyond 12 nautical miles. It is therefore unconceivable to argue that restricting industrial vessels to fishing beyond 12 nautical miles poses serious operational challenge, when industrial vessels fishing within 12 nautical miles pose significant threats to life and fishing gears of artisanal fishers. Human Cost of Fishing by Fish Safety Foundation estimate 250 deaths in West Africa annually from interactions between artisan fishers and industrial vessels. The safety of artisanal fishers is therefore important in the designation of the IEZ.
Conclusion
Expansion of Ghana’s IEZ is justified. The expansion is important for the purpose of ecological and biological protection of fragile marine habitat and fish species to support fish stock recovery. A reduction of industrial trawling in shallow waters helps preserve juvenile fish, coral reefs, and marine biodiversity necessary for long-term sustainability of the fisheries sector. Various scientific studies mention the 0 to 50-meter depth zone off Ghana’s coast as a critical habitat for small pelagic species such as sardinella, mackerel, and anchovy, which is the mainstay of Ghana’s fisheries. The fish species feed primarily on plankton and fish larvae, which are abundant in mudflats and soft-bottom habitats found in this shallow zone. The expanded IEZ reduces fishing pressure inshore to quicken fish stock recovery, and avoid collapse of the small pelagic species. Its potentially reduces the unhealthy competition between artisanal fishers and industrial vessel over the small pelagic species, the interaction between artisanal fishers and industrial vessels at sea, accidents and destruction of fishing gears of artisanal fishers. The expanded IEZ set Ghana on a new path of Sovereignty, Social Justice, and National Resilience.
As clearly demonstrated above, the extension of the Inshore Exclusion Zone to 12 nautical miles is absolutely vital for the recovery of fish stocks and marine habitats in Ghana’s territorial waters – and even more vital to secure the livelihoods of the Artisanal Fisheries Sector and the nation’s food security.
Lazar, N., Yankson K., Blay, J., Ofori-Danson, P., Markwei, P., Agbogah, K., Bannerman, P.,
Sotor, M., Yamoah, K. K., Bilisini, W. B. (2020). Status of the small pelagic stocks in Ghana in 2019. Scientific and Technical Working Group. USAID/Ghana Sustainable Fisheries Management Project (SFMP). Narragansett, RI: Coastal Resources Center, Graduate School of Oceanography, University of Rhode Island. GH2014_SCI083_CRC. 17 pp.
Marine Fisheries Management Plan of Ghana: A National Policy for the Management of the Marine Fisheries Sector, 2022-2026
Report on the 2022 Ghana Marine Canoe Frame Survey, Fisheries Commission
Gutierrez, M., Daniels, A., Jobbins, G., Almazor, G. G., & Montenegro, C. (2020). China’s distant-water fishing Fleet: scale, impact and governance. ODI Technical Report, 47pp.
https://doi.org/10.13140/RG.2.2.19265.17762
