When discussing the Bay of Bengal (BoB), the focal point often begins with its expansive water surface and diverse biodiversity, emphasizing its crucial role for our planet.Even its role in climate regulation and as a vital source of sustenance for millions cannot be overstated. Mainly, the concept of the blue economy, focusing on sustainable ocean resource utilization, has gained traction in recent years. The marine fisheries sector, contributing significantly to global GDP and providing livelihoods for millions, is a cornerstone of this movement.
However, the BoB, one of the largest marine ecosystems globally, faces a significant challenge of Illegal, Unreported, and Unregulated (IUU) fishing. This immoral practice hampers efforts for sustainable resource management and severely threatens food and human security, environmental protection, and economic stability.
In addressing this critical issue, it is imperative to view the BoB not merely as a subregion but as a distinct ‘region’ uniting its coastal states. This shift in perspective encourages collaborative efforts, transcending traditional divides between South and Southeast Asia
Documents say that at the heart of the IUU fishing problem in the BoBlies the lack of a comprehensive regulatory framework, particularly in the high seas beyond national jurisdiction. The absence of effective management exacerbates issues like sea-level rise, habitat destruction, and human rights abuses. IUU fishing, in particular, stands out as a glaring obstacle to achieving a sustainable blue economy.
The international community has responded with legal instruments aimed at curbing IUU fishing, emphasizing the development and execution of proper management and cooperation. If we look at the littorals like Bangladesh has enacted the Territorial Waters and Maritime Zones (Amendment) Act 2021. This amendment enables the government to formulate cooperative mechanisms for preserving and protecting fish and marine mammal stocks in the High Seas and the Exclusive Economic Zone (EEZ), either bilaterally or multilaterally.Bangladesh also imposes hefty fines for fishing illegally in its marine waters, which deter IUU fishing activities.
To control and protect IUU fishing, BD developed a National Plan of Action in 2019 with substantial systematic planning. Our neighbor country, Thailand, updated its fisheries regulation in 2015 with the Royal Ordinance on Fisheries. This ordinance comprehensively addresses the prevention, deterrence, and elimination of IUU fishing. It emphasizes cooperation with other states, private agencies, and international organizations to achieve the objectives of the law.
Thailand also adopted its National Plan of Action to control IUU fishing in 2015, highlighting the need to promote the cooperation of states in monitoring vessels while they are on fishing grounds. One of the other littorals of the Bay of Bengal, Sri Lanka, has a well-developed Fisheries and Aquatic Resources Act of 1996 that provides a comprehensive framework for managing, regulating, conserving, and developing fisheries and aquatic resources. It includes provisions for banning destructive fishing gear, declaring fisheries reserves, and implementing a licensing system for all fishing operations. The National Plan of Action to prevent, deter, and eliminate IUU fishing, adopted in 2013, emphasizes Sri Lanka’s willingness to cooperate with other states in enforcing applicablelaws and conservation measures at national, regional, and global levels.
Also,Malaysia’s Fisheries Act of 1985 provides a federal framework for fisheries administration and management, including the conservation and development of fisheries and marine wildlife in Malaysian waters. The Malaysian Maritime Enforcement Agency (MMEA) imposes fisheries laws, including promoting maritime security awareness among neighboring countries. Malaysia adopted its National Plan of Action to stop IUU fishing in 2013, emphasizing cooperation with other states and committing to act consistently with conservation and management measures agreed upon by other Regional Fisheries Management Organizations (RFMOs).Besides,The Fisheries Act of the Maldives 2019, along with supporting regulations, empowers the government to take necessary steps to address IUU fishing within and beyond the maritime zones of the Maldives. It also obliges the government to cooperate with foreign states, international organizations, and private entities to prevent, deter, and eliminate IUU fishing. The Maldives also prohibits the provision of subsidies to vessels engaged in IUU fishing and has adopted a National Plan of Action to combat IUU fishing.
However, the outdated Myanmar Marine Fisheries Law (1990), including the Fishing Right of Foreign Fishing Vessels (1989), needs contemporary rules regarding IUU fishing.There have been widespread IUU fishing activities around Myanmar’s marine waters.By the way,in 2015, Myanmar imposed a ban on the licensing of foreign fishing vessels; IUU fishing by both domestic and foreign fishers persists. Myanmar has also adopted a National Plan of Action to avoid IUU fishing activities, expecting improved cooperation through expanding and implementing monitoring, control, and surveillance structures. Our other neighbor country, Indonesia, is also under a significant threat to sustainable fisheries in Indonesian waters. The Indonesian Fisheries Act of 2004 provides actions to be taken by competent authorities to stop IUU fishing. This includes actions against domestic and foreign vessels engaged in IUU fishing within the Indonesian Exclusive Economic Zone (EEZ).Indonesia has also devised the Regional Plan of Action into a National Plan of Action to combat IUU fishing (RPOA-IUU), demonstrating the political will of the Indonesian government to engage in cooperative measures to fight IUU fishing.
From the above discussion it is very much clear that each coastal state in the Bay of Bengal has taken specific legislative and policy measures to combat IUU fishing within its maritime territories. Despite prioritizing robust regional cooperation, the relationships among the coastal states appear disjointed.
A successful collaboration must be grounded in universal principles of mutual trust, respect, and equitable sharing of benefits. It should encompass various sectors, including research, observation, surveillance, monitoring, and information exchange. Establishing a common platform, such as a Regional Fishery Body or a Regional Fisheries Management Organization (RFMO), is imperative. Existing bodies like the BOBP-IGO offer a viable option, sidestepping the resource-intensive process of creating new entities. The Bay of Bengal regioncan also leverage organizations like BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) to enhance technical and economic cooperation. However, addressing membership gaps is crucial to ensuring comprehensive regional integration.
Along with unified regional cooperation, a robust legal framework is urgent to protect shared resources. Unveiling unity and recognizing the region’s collective responsibility to safeguard its invaluable marine resources is crucial. Enforcing existing agreements, fostering collaboration, and developing arobust regional framework can bridge gaps in existing governing instruments, especially in addressing IUU fishing. Some provisions in international fisheries instruments may lack clarity in applying jurisdiction to nationals engaged in IUU fishing. Drawing inspiration from the EU’s fisheries policy or the Indian Ocean Tuna Commission (IOTC), a regional framework can amplify actions against IUU fishing.
However, The Bay of Bengal’s coastal states are mainly developing countries and face challenges in effectively monitoring their extensive Exclusive Economic Zones (EEZs) and the high seas. A joint Monitoring, Control, and Surveillance (MCS) program under a regional forum can surmount these limitations, enabling streamlined information exchange. Collaborative efforts, bolstered by financial and technical support from international organizations and states beyond the region, can provide the necessary resources.
Sometimes, inaction and non-cooperation from certain states impede the effective enforcement of regulatory measures. Recognizing shared responsibilities and obligations is crucial for achieving common goals in the region.
Ultimately, the future of the Bay of Bengal region hinges on how states respond to the call for greater cooperation. The opportunity to address common concerns, including IUU fishing, through regional collaboration is within reach. It is up to the stakeholders to seize this opportunity and chart a course towards a more sustainable future for the Bay of Bengal.