10 July 2024, NIICE Commentary 9347
Rosemary Kurian & Dr. Karamala Areesh Kumar

Illegal fishing is the act of fishing in coastal waters without the state’s permission or in violation of the relevant laws. Unregulated fishing refers to any fishing activities conducted within the jurisdiction of regional fishery organisations by vessels that are not subject to any jurisdiction. Furthermore, unreported fishing is the act of failing to record or misreport the catch from all fishing activity. When the ocean becomes the primary source of economic growth, maritime security concerns such as illegal, unregulated, and unreported (IUU) fishing, piracy, and smuggling become key concerns.

The Indian Ocean was the worst performer in the global IUU Fishing Index in 2019. Furthermore, 30 percent of the Indian Ocean’s stocks are not fished within sustainable levels, according to a report by the FAO. It therefore remains an important security threat for primarily three reasons: the threat overfishing poses to the sustainable use of fish stock in the oceans, the threat of unemployability among millions caused by unfair competition by practitioners of illegal fishing, and the threat that overfishing causes to the food security of millions of people. The three-pronged threats of IUUs have put several small-scale fishing communities at risk of poverty and loss of livelihood. These circumstances pave the way for external threats to exploit vulnerable communities, which leads to another significant issue for marine security: piracy. The case of Somali pirates in the Indian Ocean region is proof enough, having required more than five years of concerted efforts by several navies to limit their presence.

Developing nations are particularly vulnerable to these issues because of their traditional fishing practices, inadequate regulatory mechanisms, and capacity limitations. The absolute dependence of these populations on fishing activities for food and livelihood exacerbates the issue. For example, island states in the Indian Ocean have larger sea areas under their control than land, as granted by Exclusive Economic Zones (EEZ) regulations. However, they lack the resources, technology, and infrastructure to establish said control on their seas. This makes activities like Marine Spatial Planning (MSP) that have implications across all marine sectors extremely difficult. The Maldives, for instance, has a 4:1 sea-land ratio, which in itself showcases its limitations in conducting exercises that enable it to plan its marine resources better.

It is essential to acknowledge the part that external actors play in insecurity. China has a notorious reputation for infringing upon the sovereignty of other states, especially in the South China Sea region, for control over extensive sea areas as well as marine resources. The 2021, IUU Fishing Index found China to be responsible for 85-90 percent of IUU fishing in the Indo-Pacific while having one of the largest fishing vessel fleets in the world. While China is already known to overfish in its waters, it further practices unsustainable fishing beyond its jurisdiction, infringing upon others’ EEZs as well as extending IUU fishing in international waters. Limited regulations over sustainable fishing activities and resource exploitation in international waters work in its favour. The 2023, High Seas Treaty signed under the United Nations, however, will go a long way in imposing legally binding regulations in the unregulated high seas, thereby preventing further loss of marine habitat and ecosystems.

Extensive IUU fishing can provoke security threats like piracy, as seen in Somalia, where foreign illegal fishing has devastated local fishermen’s livelihoods, leading to poverty and maritime crime. At its peak in the 2000s, when the overall reported catch from the Somali coast reached 330 million tonnes, Somali fishermen accounted for only 10 percent of it, losing almost $300 million worth of seafood to criminal theft. Realising that they couldn’t compete with the capacities reflected by the IUU fishing vessels, they turned to piracy, which peaked in 2011. The terrorist group, Al-Shabab, parallelly engaged in mirrored activities as the pirates. Somalia, which housed several prosperous ports almost a hundred years ago, fully depends on fishing. Piracy emerged as the only response, inadvertently reducing illegal fishing. However, international anti-piracy efforts, especially NATO’s, have suppressed piracy, allowing illegal fishing to resurge in Somali waters.

The Indian Ocean remains to be the busiest trade route, with about 80 percent of the world’s seaborne oil transported through the region. Not only does piracy disrupt international trade and cost millions worth of loss, but it also has a history of stealing oil from cargo ships and reselling it. This is a good source of income for local communities-turned pirates as well as terrorist groups like Al-Shabab.

The Indian Ocean region faces significant challenges in monitoring, control, and surveillance (MCS) due to limited resources and vast maritime areas. Many coastal states and islands lack adequate means to address threats like illegal, unreported, and unregulated (IUU) fishing and piracy. These issues often stem from economic and state failures, as exemplified by Somali piracy. Addressing the root causes requires creating opportunities for food and livelihood security, as well as preventing terrorist activities through collaborative surveillance. While long-term solutions are needed, several international, regional, and national frameworks already exist to combat these threats. These include the International Plan of Action to Prevent, Deter, and Eliminate IUU Fishing (IPOA-IUU), the Agreement on Port State Measures, and regional adoptions of the IPOA-IUU. Additionally, the 14th Sustainable Development Goal prioritises marine life conservation and aims to reduce IUU fishing, providing a global framework for states to work towards.

Tackling the maritime crisis requires a concerted regional effort involving data and technology sharing, as well as creating opportunities for better security for local vulnerable fishing communities. A multi-pronged naval presence helps counter piracy threats. Crucial investment in spatial mapping is critical to identifying key marine habitats amidst rapidly depleting marine resources. The Indian Ocean Rim Association (IORA) remains a key regional grouping that has the potential to develop into a key player in the region, provided its capacity is expanded. It is time for the island and littoral states to focus a lot more on the idea of a blue economy to ensure that their economies grow sustainably if only to prevent further resource and livelihood crises.

Rosemary Kurian is a Research Scholar at the Department of International Relations, Peace and Public Policy (IRP and PP) at St Joseph’s University, Bengaluru, India & Dr. Karamala Areesh Kumar is the Head of the Department of International Relations, Peace and Public Policy (IRP and PP), St Joseph’s University, Bengaluru, India.