Africa-Press – Namibia. The Fisheries Observer Agency (FOA) CEO Stanley Ndara says they do not have the legal authority to arrest or prosecute anyone found violating Namibia’s fishing laws.
Ndara was responding after the agency found itself caught in the crossfire last week, when horse mackerel vessels reportedly landed pilchards estimated to be worth over N$23 million. The incident raised public concern about regulatory oversight at sea.
It also sparked debate about the agency’s duties.
However, Ndara set the record straight during a press conference on Wednesday, explaining that observers have no legal authority to detain or charge individuals involved in illicit activities at sea.
“We do not have the power to arrest. We are witnesses to any violations committed in Namibian waters. We report illegal dumping, illegal fishing – whatever we observe – but the power to act lies with the line ministry,” Ndara said.
Despite public expectations, Ndara reiterated that FOA’s strength lies in its ability to gather evidence and ensure accountability through accurate reporting.
“We collect data, observe and report. That is where our role ends. Our goal is to remain the watchdog of Namibia’s marine resources – not with handcuffs, but with evidence, professionalism and integrity,” he said.
As a watchdog, Ndara said, they are mandated only to collect data and report non-compliance, not to enforce the law.
He added that enforcement is the responsibility of the line ministry through its Monitoring, Control and Surveillance (MCS) unit, which then decides whether to issue fines, open cases, or refer matters for prosecution.
“Our observers are trained in compliance and conservation matters, but they are not peace officers. Most cases successfully prosecuted in our courts started with FOA reports. In some instances, fines exceeded N$1 million,” Ndara said.
He further clarified that observers are neutral witnesses who cannot interfere or act beyond what is outlined in the Marine Resources Act. While they cannot arrest, FOA observers play a key role in identifying and reporting illegal activities on board fishing vessels. These violations range from procedural breaches to environmental and human rights concerns, he continued.
Observers also play an essential role in data collection, which helps the ministry of fisheries determine the status of different fish species and guide decisions on setting the total allowable catch.
Between 2019 and 2024, the agency recorded a total of 44 violations from fishing vessels operating in Namibian waters. The highest number of offences was recorded during the 2022/2023 period, with 13 cases reported. This was preceded by 12 cases in 2021/2022, 10 in 2020/2021, eight in 2023/2024 and seven in 2019/2020.
The most common violations included failure to comply with licence conditions, which accounted for 22 cases across the five years. Other recurring offences included illegal discarding of fish and fish products, dumping of non-biodegradable objects, and incomplete logbooks.
In addition, cases of unfair or inhumane treatment of fisheries observers were recorded each year, with the highest number — four — reported during the 2022/2023 period. There was also a recorded case of a vessel fishing in the restricted 200-metre depth zone, and one incident of illegal bunkering at sea.
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