Renthia Kaimbi
The Ministry of Agriculture, Fisheries, Water and Land Reform (MAFWLR) has confirmed that the official coordinates of Namibia’s 200-metre isobath restricted fishing zone have never been formally gazetted.
The 200-metre isobath restriction has been in place since 1990. It prohibits trawling and longlining in shallow waters along Namibia’s coast. The measure protects juvenile hake and horse mackerel, limits sardine bycatch, and preserves bottom habitats that serve as biodiversity hotspots.
Unlike formally declared protected areas such as the Namibian Islands Marine Protected Area (NIMPA), established through detailed coordinates in Government Gazette No. 4210 of 16 February 2009, the isobath restriction exists as a licence condition rather than a clearly demarcated geographic zone with legally enforceable boundaries.
The lack of gazetted coordinates has raised questions about enforcement. Sources who spoke to the Windhoek Observer said the issue has become more urgent as industry pressure to access the area increases.
Fishing companies continue to apply for access to the restricted zone. This comes despite an ongoing scientific experiment launched in 2023 to assess fish migration patterns. The initial two-year experiment concluded in 2025, but the Windhoek Observer understands it has been extended.
The Wetland Horse Mackerel Association previously argued that climate change and shifting water temperatures have pushed larger horse mackerel into shallower waters during winter months.
In response, the ministry sought Cabinet approval to conduct a two-year scientific study to determine whether fish migrate into the restricted zone. Two vessels took part in the study. One fished inside the 200-metre isobath. The other operated 150 metres outside the zone to allow for comparative data collection.
Sources said the final report covering the initial 2023 to 2025 study has not been released.
Pressure from the industry continues. The Namibian Seamen and Allied Workers’ Union recently revealed that Gendev Fishing is seeking additional fishing quotas linked to the 200-metre isobath zone.
Union president Paulus Hango accused the company of trying to intimidate the government. He said the ministry granted the company fishing rights within the restricted zone last year.
The union’s comments followed Gendev’s announcement that it plans to retrench 489 employees. The company cited sustained financial losses and restructuring.
The Marine Resources Act provides for penalties of up to N$2 million for licence condition violations under Section 52. Legal experts, however, point to the principle of nullum crimen sine lege, which requires that prohibitions be clearly established before enforcement.
Sources questioned how the ministry can hold operators accountable if the exact coordinates of the 200-metre isobath have never been gazetted.
Legal precedent shows that unclear geographic boundaries can be challenged in court.
“Should an operator challenge a punishment for fishing inside the 200-metre isobath, the ministry would need to demonstrate that the restriction is legally enforceable despite the absence of gazetted co-ordinates. Whether the conditions clause of Section 52 carries sufficient weight to withstand judicial scrutiny remains an open question,” a source said.
Sources said the ministry now faces two unresolved issues. It must decide on industry applications while the scientific report remains unpublished. It must also determine how to enforce a restriction that lacks formal gazettal.
They warned that without gazetted coordinates, any future prosecution for fishing inside the zone could face legal hurdles. Without conclusive scientific evidence, the ministry must balance industry demands with its mandate to ensure sustainable use of marine resources.
When asked about progress on gazetting the protected area, the ministry’s public relations department told the Windhoek Observer last week that “the ministry is currently consulting on these regulations, and upon finalisation, the process of formulating a regulation will take course.”
The line ministry’s executive director, Theofilus Nghitila, confirmed that consultations concluded last Saturday.
The coming months will determine whether government formalises the boundaries of the 200-metre isobath restriction or leaves the legal position unchanged.
