The blue sector’s legal framework, as with the sector itself, can be divided into two parts: one part governing the exploitation and management of marine resources and another governing the aquaculture sector.

Shortly after independence, the Government of Namibian proclaimed a 200 nm EEZ, (Act No.3 1990) in accordance with the provision of the United Nations Convention on the Law of the Sea of 1982.

In 1992 a detailed White Policy Paper entitled, “Toward responsible development of the Fisheries Sector,” presented the goal and strategies to achieve sustainable utilisation and development of Namibia’s marine fisheries resources.

This master plan, based on long-term perspectives, has proved to be the right approach for the development of Namibia’s fishery sector.

The Sea Fisheries Act of 1992 is considered a cornerstone of fishing management in Namibia. It was revised at the end of the 1990s and replaced by the Marine Resources Act (act No 27 of 2000) which now represents the primary marine fisheries legislation. It entered into force in August 2001.

The Act incorporates international best practice for fisheries management and incorporates the key elements of the international agreements entered into by Namibia. The Act is based on the strategy to provide for the conservation of the marine ecosystem and responsible utilization, conservation, protection and promotion of marine resources on a sustainable basis; for that purpose to provide for exercise of control over marine resources.

Various regulations have been promulgated under the act. This established the terms and condition for all vessels and fishers operating within Namibia’s EEZ. In line with Namibia’s obligations as a flag state, regulations also prescribe the activities of Namibia flag vessels operating outside the national EEZ. Under The Marine Resources Act (2000), a Marine Resources Advisory Council (MRAC) has been established, which provides advice to the Minister on Fisheries policy, management and development issues.

Other important legal documents are:

• The Marine Resources Regulations (2001),
• Namibia’s Marine Resources Policy (2004) and Territorial Sea and Exclusive Economic Zone of Namibia Act (1990),
• Policy statement on granting of right of exploitation to utilize marine resources and on the allocation of fishing quotas.
• The Inland Fisheries Resources act (No.1 of 2003), which governs inland fisheries.
• The Aquaculture Act (No.1 of 2002), Aquaculture policy of 2001.

Four basic objectives have underpinned the effective management policy:

• The rebuilding of depleted fish stocks;
• The development of a national fishing and processing industry;
• Empowerment of previously disadvantaged; Namibianisation of the industry.

Policy for Recreational fishery is prescribed in the Marine Resources Act (2001). A large number of visitors enjoy recreational fishing along the Namibian coast. Section 5 of the regulation state that, a person who for recreation purpose harvest in Namibian water must be in position of fishing permit and carry out such harvest subject to the condition prescribe in the regulation. By law fishing for recreational purposes is only allowed in:

• Terrace Bay and Torra bay
• From the Ugab river to Walvis bay
• Pelican point to Sandwich Harbour
• From southern limits of Diaz Point to Grosse Bucht
• From Pomona Island to the Orange River.

The domestic market for marine fish products is extremely limited due to the small size of the population (2.5 million). In addition, the traditional diet in Namibia is meat based. It is estimated that only 10 percent of Namibian fish is consumed in the local market.

The main fish species dominant in the domestic markets are Horse Mackerel, small size Hake (baby hake) Snoek and Dentex fish. Horse mackerel is particularly popular because it is cheaper compared to other fish products and easily available.

Inland fish, on the other hand, are marketed closer to the area of production and in very limited quantities.

The country exports more than 90 percent of its fisheries production in various product forms, primarily to international markets including EU, USA, the Far East as well as African markets. Fish exports account for around 15 percent of total exports in Namibia, valued at around US$520.6 million.

Hake is still mainly exported to the traditional European markets, with the bulk going to Spain, where it either enters the Spanish market or is distributed further to other markets on the European continent, including Portugal, France, Italy, Holland and Germany. Non-European markets for Namibian hake includes Australia, Malaysia and USA.

Monkfish and sole are exported mainly to EU through Spain and Italy to France, Germany, Netherlands and Portugal.

Orange Roughy and Alfonsino are sent to the USA, which accounts for about 95 percent of exports of these species while 5 percent go to China, Spain and France.

Horse Mackerel is mainly distributed in the African markets. Approximately 70 percent goes to Democratic Republic of Congo, and the balance to South Africa, Mozambique and other SADC countries.

Pilchard in the form of canned product is exported to South Africa and to the UK through Glenryck UK.

Tuna and large Pilchard are shipped to Japan and Spain and a limited quantity of smaller fish goes to USA. Deep –sea red crab goes entirely to Japan. Rock lobster goes to Japan and USA.

Cultured oysters is exported to South Africa and South-East Asia, especially Singapore, Hong Kong and China, while cultured abalone is exported to Japan and China.

Namibia is a member to regional organisation and host to number of regional programmes embarked on the Assessment of the Marine Fisheries and Research programme commonly known as the Benguela Environmental and Fisheries Interaction and Training Programme (BENEFIT) and the Benguela Current Large Marine Ecosystem (BCLEME) and the Intergovernmental Organisation for Marketing Information and Co-operation Services for Fish and Fishery Products in Africa (INFOPECHE).

BENEFIT facilitates research collaboration between Angola, South Africa and Namibia and support training of national scientists from these countries at university level. Further information on BENEFIT visit: www.benefit.org.na

BCLME is a multi-sectoral initiative by Angola, Namibia and South Africa, focusing on numerous management issues of a trans-boundary nature, including the status of shared fish stocks and appropriate management measures, ecosystem-fish stock interactions, pollution studies, habitat destruction/alteration and biodiversity and environmental monitoring. Further information visit: www.bclme.org

INFOPECHE is an Intergovernmental Organisation for Marketing Information and Co-operation Services for Fish and Fishery Products in Africa (INFOPECHE). Namibia becomes a member of INFOPECHE in 1993. In 2001 INFOPECHE and the Government of Namibia established a regional office INFOSA to serve the Southern part of Africa –SADC. The overall objectives of INFOSA are:

• To contribute to the development and modernisation of the fisheries sector in southern Africa.
• To contribute to a more balanced supply of fisheries products in the region.
• To make best use of the export opportunities within and outside Africa.
• To promote technical and economic co-operation among contracting partners.

The NSI is governed by the Namibian Standards Council (NSC). The NSI is an established and functional national standards body in Namibia, capable of:

• Developing, adopting and applying standards;
• Providing accurate measurement traceability to the international standards (SI) through the meteorology division;
• Providing reliable testing especially for food such as fish and fishery products including shellfish, beef and agro-products and rendering food safety technical support to the aquaculture, fishing and other industries through regular tests conducted at the NSI Biotoxins and Microbiology laboratories at Walvis Bay and through NSI Inspection and Certification

Which provides advice to the Minister of Fisheries and Marine Resources. The advisory council shall consist of the Permanent Secretary and such other persons as the Minister may appoint, of whom. 7 (a) one shall be a staff member of the Ministry; (b) five shall be persons who, in the opinion of the Minister, have knowledge in matters relating to marine resources or any other expertise of relevance to the issues on which the Minister is required to consult the advisory council under this Act; and (c) five shall be persons who, in the opinion of the Minister, fairly represent the fishing industry or employees in the fishing industry.

The Confederation of Namibian Fishing Associations was formed in 2003 superseding the previous Ad-Hoc committee which was started in 1995. All the Associations in the Namibian Fishing Industry are members of this Association, which main aim is and to liaise with Government bodies, public and private establishments and individuals on matters of general and specific interest.

The Namibian Hake Association was formed in 1992 to protect and further the interests of the Namibian Hake Industry; Provide a forum for collaboration and discussion between members; Negotiate for the entire hake industry with all government departments as and when required; Encourage rational fishing by its members by pursuing practices with due regard to recognized fisheries conservation concepts. Membership of the association is open to any hake concessionaire engaged in activities derived from hake fishing in Namibian waters, provided that the application is approved by a majority of members.

Founded in 1996 for all holders of Namibian fishing rights for monk and sole. The Association serves as a forum for communication among members and with government. It actively participates in local and international projects to achieve optimum sustainable utilization of the monk and sole resource.

Was formed for all holders of small pelagic fishing rights. The Association serves as a forum for communication among member and with the government on all issues concerning the small pelagic fishing sector. The members actively participate in research surveys aimed at rebuilding the pilchard resource and ensuring its optimum sustainable utilization.

Was founded in 1992 for all holders of Namibian fishing rights for tuna and long lining of hake. The Association serves as a forum for communication among members and with the authorities. It co-operates closely with the government to obtain a reasonable share of the quota on migratory and straddling fish stocks appearing in Namibian and international waters.

Founded in 1999 for all holders of Namibian fishing rights for orange roughy. The association provides opportunities for collaboration and discussion amongst its members, as well as liaise with Government bodies, public and private establishments on matters of general and specific interest.

Namibia through the MFMR cooperates with following regional and international fisheries organizations:

The SADC Protocol on Fisheries aims to promote responsible and sustainable use of the living aquatic resources and aquatic ecosystems within the SADC region.

In 2001 Namibia signed a cooperation agreement with this International Fisheries Marketing Advisory Body to establish an INFOPECHE. Unit in Namibia’s capital, Windhoek. This Unit provides information and technical assistance in fish trade, marketing, processing and new innovations to INFOPECHE member states.

Establishes a management regime for conservation and sustainable utilization of fish, mollusks, crustaceans and other sedentary species in the high seas portion of FAO Statistical Area 47, but excluding those sedentary species that are subject to the fishery jurisdiction of coastal States and also tuna and tuna-like species because these fall under the jurisdiction of ICCAT. Namibia is host to the SEAFO Secretariat.

The rapid development of a thriving domestic tuna fishery provided the impetus for Namibia to join ICCAT in 1999, becoming the 28th member of the Commission. Namibia welcomes and supports the considerable effort that ICCAT is making in developing comprehensive management tools to deal with, inter alia, IUU fishing in the Atlantic Ocean.

As a member of CCAMLR, Namibia is committed to the management and conservation of the marine resources of the Antarctic. The Namibian fishing industry is interested in fishing in CCAMLR’s waters and is ready to participate responsibly in the harvesting of fishery resources, especially tooth fish.

Namibia became the 129th member of the IOC became on 25 April 2001.