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Tue, 22 Sep 2026 Opinion

How The Fisheries And Aquaculture Act 2025 (ACT 1146) gives SEA5 back to Ghanaians: Inside President Mahama’s fisheries reset

By Eric Cobbinah II Ph.D.
How The Fisheries And Aquaculture Act 2025 (ACT 1146) gives SEA5 back to Ghanaians: Inside President Mahama’s fisheries reset

Introduction
On 19th August 2025, President John Dramani Mahama signed into law the Fisheries and Aquaculture Act, 2025 (Act 1146). In doing so, his administration retired a 23-year-old legal regime the Fisheries Act, 2002 (Act 625) and ushered in what fisher groups are now calling the most far-reaching reset of Ghana's ocean governance in a generation.

This is more than a routine amendment, the Fisheries and Aquaculture 2025 (Act 1146) repeals both Act 625 and the Fisheries (Amendment) Act, 2014 (Act 880) consolidates Ghana's fragmented fisheries laws, and redefines who owns, who benefits, and who protects Ghana's 550km coastline.

The Problem with Fisheries Act, 2002 (Act 625): A Law Outlived by Crime

For over two decades, Act 625 governed a sea that had fundamentally changed. Three critical failures became evident:

1. A Shrinking Space for Ghanaian Fishermen: Act 625 reserved only 6 nautical miles for over 2.7 million artisanal fishers. The zone was easily encroached upon by industrial trawlers, leading to daily conflicts and destroyed nets.

2. Ownership Opacity: Act 625 had no mandatory disclosure of beneficial ownership. This allowed foreign industrial vessels to operate under Ghanaian flags through front companies, fueling illegal transshipment known locally as Saiko.

3. Weak Deterrence and an EU Yellow Card: Fines under Act 625 were negligible compared to the profits of illegal fishing. With stocks collapsing from 140,000 tonnes in the 2000s to under 30,000 tonnes today, the European Union issued Ghana a Yellow Card warning which is a direct threat to $425 million in annual seafood exports and 60,000 jobs. The ocean was rich, but Ghanaians were getting poorer.

The Mahama Reset: Five Pillars of Fisheries Act 2025 (Act 1146)

Act 1146 is the Mahama government's response. It is built on five decisive shifts:

Pillar 1: The Sea Returned to Artisanal Fishers

Act 1146 expands the Inshore Exclusive Zone (IEZ) from 6 to 12 nautical miles. This entire zone is now exclusively reserved for Ghanaian-owned small-scale canoes and small semi-industrial vessels. No industrial trawler may enter. This doubles the protected fishing ground and secures the primary breeding area for pelagic stocks.

Pillar 2: Ending the Era of Front Companies

For the first time, Act 1146 requires every fishing company to disclose its ultimate beneficial owners to the Fisheries Commission. This provision, a key European Union compliance requirement, ends the use of Ghanaian proxies by foreign operators. The law now asks a simple question: who is the real man behind the boat?

Pillar 3: From Weak Fines to Real Punishment

Act 1146 introduces Ghana's toughest fisheries sanctions regime. A Ghanaian vessel violating the law faces fines of up to $500,000, while a foreign vessel faces up to $2,000,000. In addition, the law may provide for forfeiture of vessel, catch, and gear, and mandates Vessel Monitoring Systems (VMS) and Automatic Identification Systems (AIS) on all industrial vessels. The closed fishing season, previously an executive policy, is now statutory under Section 47 with criminal liability.

Pillar 4: From Capture to Culture — A Blue Economy Law

Unlike Act 625, which placed very little emphasis on aquaculture, Act 1146 dedicates an entire Part to aquaculture development. It establishes Aquaculture Development Zones, a Fisheries Development Fund, a Fisheries Research Fund, and provides legal backing for a Fisheries College to train the next generation. It also empowers the Minister to declare Marine Protected Areas, with Cape Three Points identified as the first.

Pillar 5: Lifting the Yellow Card and Protecting Exports

Act 1146 directly addresses all deficiencies flagged by the European Union. By aligning Ghanaian law with international best practices on traceability, port state measures, and flag state responsibilities, the law creates a credible pathway for lifting the Yellow Card and protecting Ghana's access to the European market.

Why This Reset Matters Politically

Fisheries reform has been on the table for over ten years, recommended by countless FAO reports and fisher associations. What was lacking was political will. By passing Act 1146 within its first year, the Mahama administration led by the hard-working Minister of Fisheries and Aquaculture Hon. Emelia Arthur has demonstrated that reset is not just a slogan. It is a deliberate policy to reclaim natural resources for citizens, formalize the informal economy that employs one in ten Ghanaians, and enforce sovereignty over national waters, a move that resonates strongly in coastal swing regions from Western to Volta.

The Work Ahead: From Law to Water
A good law is not self-enforcing. The success of Act 1146 will depend on three immediate actions:

1. Rapid passage of Legislative Instrument (LI) to operationalize the Act which the Ministry of Fisheries and Aquaculture together with the Fisheries Commission is seriously working on with ongoing stakeholder engagements in the 16 regions of Ghana.

2. Investment in at-sea surveillance capacity for the Navy and Fisheries Enforcement Unit.

3. Transparent implementation of the beneficial ownership register.

Conclusion
The Fisheries Act 2002 (Act 625) was a law for its time however the new Fisheries and Aquaculture Act, 2025 (Act 1146) under the leadership of President Mahama and Hon. Emelia Arthur is a law for Ghana's future. By doubling the fishing zone for local fishers, unmasking the real owners of trawlers, and codifying protections that were once mere policy, President Mahama's Act 1146 does precisely what its popular name suggests: it gives the sea back to Ghanaians. For the canoe fisher in Elmina, for the Konkohema in Sekondi, for the Bosun or Bosen from Shama and the fishmonger in Tema, the reset is no longer a promise. It is now law.

Disclaimer: "The views expressed in this article are the author’s own and do not necessarily reflect ModernGhana official position. ModernGhana will not be responsible or liable for any inaccurate or incorrect statements in the contributions or columns here." Follow our WhatsApp channel for meaningful stories picked for your day.

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