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22 SEAS OF CHANGE The South African fishing industry, that was once concentrated in the hands of a few, largely white- owned companies, has undergone an extraordinary transformation over the past ten years. Today the fishing industry is far ahead of other sectors of the economy in terms of participation by historically disadvantaged individuals (HDIs); it is estimated that at least 60% of commercial fishing rights have been allocated to HDIs or majority HDI-owned companies. Interestingly, a high degree of transformation has taken place in a very short space of time without compromising the principle of sustainable utilisation, fundamental to the management of fisheries. South Africa’s industrial fisheries are widely regarded as among the best managed in the world. MARINE AND COASTAL MANAGEMENT

SEAS OF CHANGE€¦ · SEAS OF CHANGE The South African fishing industry, that was once concentrated in the hands of a few, largely white-owned companies, has undergone an extraordinary

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Page 1: SEAS OF CHANGE€¦ · SEAS OF CHANGE The South African fishing industry, that was once concentrated in the hands of a few, largely white-owned companies, has undergone an extraordinary

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SEAS OF CHANGEThe South African fishing industry, that was once concentrated in the hands of a few, largely white-owned companies, has undergone an extraordinary transformation over the past ten years. Todaythe fishing industry is far ahead of other sectors of the economy in terms of participation byhistorically disadvantaged individuals (HDIs); it is estimated that at least 60% of commercial fishingrights have been allocated to HDIs or majority HDI-owned companies. Interestingly, a high degree oftransformation has taken place in a very short space of time without compromising the principle ofsustainable utilisation, fundamental to the management of fisheries. South Africa’s industrialfisheries are widely regarded as among the best managed in the world.

MARINE AND COASTAL MANAGEMENT

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Page 3: SEAS OF CHANGE€¦ · SEAS OF CHANGE The South African fishing industry, that was once concentrated in the hands of a few, largely white-owned companies, has undergone an extraordinary

The South African coastline ismore than 3 200 kilometres inextent, linking the east and westcoasts of Africa. From the coralreefs of northern KwaZulu-Natal,to the cool-water kelp forests ofthe Northern Cape, South Africa’sshores are particularly rich inbiodiversity: some 10 000 speciesof marine plants and animals havebeen recorded in our waters.

The productive waters of the westcoast support a number ofcommercially exploited fish,including hake, anchovy, pilchard,horse mackerel, tuna and snoek,as well as rock lobster andabalone. On the east coast, squid,linefish and a wide range ofintertidal resources provide animportant source of food andlivelihood for coastal communities.Marine life that is not harvested,such as whales, dolphins andseabirds, is increasinglyrecognised as a valuable resourcefor nature-based tourism.

The responsible utilisation andmanagement of the country’smarine and coastal resources is ofvital importance to the well-beingof South Africa’s people andeconomy. About 29 000 SouthAfricans, many of them fromimpoverished rural communities,find direct employment in thefishing industry. A further 60 000people are estimated to findemployment in related sectors.

In South Africa the utilisation ofmarine resources is regulated by arights allocation system. Rightsare allocated by the Minister ofEnvironmental Affairs and Tourismor a senior official within thedepartment to whom the Ministerdelegates the authority to allocaterights. The department’s functionsinclude the management ofcommercial, subsistence andrecreational fisheries, as well as awide variety of other activities,such as boat-based whalewatching and shark-cage diving.

Fishing vessels are licensedannually, according to their port oforigin and the purpose for whichthey are used.

The department is alsoresponsible for monitoring thecatches of commercial,subsistence and recreationalfishers, regulations and forinspection of fishing boats, fishprocessing plants, and otherplaces where fish is sold or stored.

Through regular scientific researchthe department establishes whatthe optimal utilisation of each fishspecies should be. This is doneannually and ensures that fishstocks are managed sustainably.

Researchers provide advice on awide range of parameters such as;the estimated size of a resource,the age distribution of itscomponent fish, the quantity thatmay safely be harvested, the effectand desirability of declaring closedfishing seasons and areas, theoptimum mesh size of nets thatmay be used and the effect thatenvironmental factors have onresources.

Researchers carry out: • Surveys of exploited

resources and resources withpotential commercial value;

• Biological research;• Research into biodiversity and

ecosystem health;• Environmental research, par-

ticularly the influence of theenvironment on marineresources.

The department promotes SouthAfrica’s interests by participating ina number of internationalcommissions, such as theInternational Commission for theConservation of Atlantic Tunas(ICCAT), the Commission for theConservation of Antarctic MarineLiving Resources (CCAMLR) andthe International WhalingCommission (IWC). DEAT’sinterest is to share research,

especially into stocks that straddleinternational waters as well asmoving into our own EconomicExclusive Zone and to securequotas for our fishing fleets on thehigh seas (international waters).

BBEEFFOORREE 11999944

The unfettered exploitation ofSouth Africa’s marine resources inthe 1960s led to the spectacularcollapse of several fish stocks inthe 1970s. This led to therealisation that marine resourcesmay only be exploited to a limiteddegree, if South Africa is to enjoyplentiful harvests from the sea inthe years to come.

After record catches in the late1960s, South Africa’s commercial-ly exploited fish stocks began toshow signs of deterioration. Thefirst step towards limiting access tothese resources was made withthe Territorial Waters Act of 1977,when the Government declared(and enforced) a 200 nautical mile(370 km) Exclusive Fishing Zone(EFZ) along South Africa’s coast.This effectively excluded all but afew invited foreign vessels fromthe country’s fishing grounds.

The continued decline of stocks inthe 1970s and 1980s led to theintroduction of a Total AllowableCatch (TAC) or Total AllowableEffort (TAE) restriction in most ofthe commercial fisheries. The TACis the amount of fish that may besafely removed from a fishery overa year without jeopardising futureharvests. A TAE limits the amountof effort that may be expended incatching fish. This could meanlimiting the number of fishers,fishing vessels or fishing gear, or acombination of all three. The TACor TAE is imposed over and aboveany other limits that may beapplied to the harvesting of aresource, such as size limits,closed seasons and closed areas.

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MARINE AND COASTAL MANAGEMENT

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Under apartheid, the right ofaccess to marine and coastalresources was denied to mostSouth Africans. The fishingindustry was characterised by ahigh degree of concentration, andmost fishing rights were allocatedto white-owned companies. Forexample, it is estimated that in1992, HDI shareholding in thedeep-sea hake fishery (SouthAfrica’s most importantcommercial fishery) amounted toless than 0.5%.

Prior to the passage of the MarineLiving Resources Act in 1998,subsistence fishers were notrecognised by law. They weresubject to the regulations thatgoverned recreational fishers and,as a result, were often criminalisedby their attempts to feed theirfamilies.

Ironically, it is likely that SouthAfrica’s political isolation in the

1970s and 1980s limited theclamour by international fleets foraccess to the country’s waters.Therefore, when South Africa setout to completely revise themanagement of its marineresources, it was in the unusualposition of having commercial fishstocks that were in very goodshape.

PPOOLLIICCYY AANNDD LLEEGGIISSLLAATTIIOONN

Fishing for Equity

With the publishing of the WhitePaper on Marine Fisheries Policyin 1997, and the passing of theMarine Living Resources Act in1998, the fundamental policy andregulatory framework for fisheriesmanagement in South Africa wereput in place. These twomilestones followed an exhaustiveseries of negotiations that beganwith the convening of the Fisheries

Policy Development Committee in1995.

Undoubtedly the most seriouschallenge facing Government,after the first democratic electionsof 1994, was to re-allocate fishingrights (or quotas) in a way thatwould ensure that, the under-representation of HDIs and HDI-owned companies in the fishingindustry, would be corrected. Thispresented a massive challenge toa government department thatwas, at the time, ill equipped forimplementing the new Act.

The period between 1994 and2000 was fraught with problems.The expectation that theGovernment would broadenaccess to marine resourcesresulted in a “rush” for fishingrights. In 1999, the departmentprocessed a total of 11 989applications for rights; prior to1990, it had processed no more

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The South African coastline extends for more than 3200 kilometres, linking the east and west coast of Africa.

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than 300. The result was longdelays in the allocation of fishingrights and an increasingly litigiousbusiness environment.

By 2000 it was clear that a revisedstrategy was required to build arational, legally defensible andtransparent allocation system thatwould promote Government’sobjective of transforming thefishing industry. This strategy wasintroduced in 2000 whenconsultations with stakeholdergroups were conducted aroundthe country. By mid-2001 thedepartment had called forapplications for medium-termfishing rights of between two andfifteen years duration across allthe commercial fisheries.

The policy guidelines that weredeveloped for the 2001 rightsallocation process, identifiedinvestment and experience in thefishing industry, as well as blackeconomic empowerment andemployment equity, as key criteriafor securing fishing rights.

The policy guidelines reflected ashift in Government’s approach tomanaging transformation in thefishing industry. WhereasGovernment had initially viewedthe allocation of fishing rights tonew entrants (emerging black-owned small, medium and microenterprises or SMMEs) as theprimary instrument oftransformation, by 2001 manyfishing companies that werepreviously entirely white-owned

and managed, had transformedinternally by selling equity to HDIsand employing HDIs in top andsenior managerial positions.

There were practical reasons forthis shift in approach. With a fewnotable exceptions, the allocationof fishing rights to new entrantsbetween 1996 and 1999 had metwith only limited success. Thequantity of fish allocated was usu-ally small, with the result that mostnew entrants preferred to leasetheir fishing rights back to theestablished companies, ratherthan invest in the fishing industry.While this rent seeking behaviourwas logical (small allocations oftendid not warrant the risk ofinvestment) it did nothing toadvance the department’s

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MARINE AND COASTAL MANAGEMENT

Early in 2004, the DEAT announced its intention to declare five new marine protected areas (MPAs)

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objectives of supporting blackownership and participation in thefishing industry.

SSTTRRAATTEEGGIICC AAPPPPRROOAACCHHEESS

Extending the conservationagenda is a key objective in theyears to come. The passage of theCoastal Management Bill is centralto this objective. The promulgationand effective management of four,and eventually five, new MarineProtected Areas will bring 19% ofour coastline under protection. Theglobal goal, set at the World ParksCongress in Durban in 2003, is20% coverage for all coastalstates.

The forthcoming years will alsowitness the extension ofsubsistence fishing rights alongthe coasts of the Eastern Capeand KwaZulu-Natal. This willinvolve large numbers of people inlegally harvesting fish. The plansto open up new commercialfisheries are also developingrapidly. The aim is to expand theeconomy through new fisheriesand to create new jobs andassociated wealth. Beyond this,the Department is involved inextensive planning to ensure thatwhen the current four-year fishingrights expire, new, long-term rightsare allocated.

The current stability in the fishingindustry is to be enhanced byappointing additional inspectors toincrease surveillance along ourextensive coastline, appointingHonorary Fisheries ComplianceOfficers, taking full advantage ofthe newly establishedEnvironmental Courts in both PortElizabeth and Hermanus and alsoby launching four new fisheriespatrol vessels over the comingyear.

Sustaining Marine Resources

Since the 1977 declaration of a200 nautical mile (370 km)

exclusive fishing zone, SouthAfrica has adopted a policy ofstock rebuilding in several of itsmajor commercial fisheries. Thispolicy has paid off in the hake,pelagic and rock lobster fisheries,where catches have grownsteadily in recent years.

However, while South Africa’soffshore fisheries may be amongthe best managed in the world, a

somewhat different picture hasemerged for some of SouthAfrica’s inshore stocks. Severalspecies of linefish have collapsedin recent years and the small butvaluable abalone fishery isseverely threatened by poachingand changing environmentalconditions.

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On the east coast, squid, linefish, and a wide range of intertidal resourcesprovide an important source of food and livelihoods for coastal communities.

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The pelagic fishery

Pelagic fish form large shoals inthe surface layers of the sea – thepelagic zone. Small pelagic fishinclude sardines, anchovy, horsemackerel and red-eye herring, fishthat are targeted by South Africa’spurse seine fleet.

The pelagic fishery is the largest inSouth Africa in terms of catchvolumes and the second mostimportant in terms of value.Sardines are canned for humanconsumption, while anchovy, red-eye herring and small numbers ofjuvenile horse mackerel arereduced to fish meal, an importantingredient in animal feeds.

Over the past decade, populationsof anchovy, sardine and redeyehave shown a remarkableincrease. The total combinedpopulation of these three species

doubled from just over threemillion tons in 1991 to peak atalmost 7.5 million tons in 2001. In2002 it remained at this high level,a large decrease in anchovybiomass being off-set by anincrease in sardine abundance.

The South African fishing industryhas made the most of the boomyears. In 2001, 2002 and 2003 thepurse seine fleet landed over halfa million tons of pelagic fish. Thisfeat had previously been recordedonly five times in the past fivedecades.

The demersal fishery

Demersal fish live on the sea bedand include the Cape hakes(Merluccius paradoxus andMerluccius capensis), monk(Lophius vomerinus), kingklip(Genypterus capensis) and sole(Austroglossus pectoralis).

In South Africa, the Cape hakesform the basis of the country’sdemersal fishery. Approximately160 000 tons of hake are landedevery year. Monk, kingklip andsole are important by-catchspecies. Hake is landed by fourdifferent fishing methods: by largedeep-sea trawlers, smaller inshoretrawlers, longlines and by fisherswho use small boats to catch hakeon handlines.

Deep-sea trawling is the mosttechnologically sophisticated andthe most capital - and labour-intensive of the four fishingmethods. The deep-sea hakefishery catches the largest portionof the annual TAC for hake, with6% of the TAC being allocated tothe inshore fishery andapproximately 10 000 tons beinglanded by the line fisheries.

Hake catches have remainedsteady since the late 1980s;

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MARINE AND COASTAL MANAGEMENT

CoastCare employs thousands of people in a range of activities, including the removal of litter, ensuring the safety ofbeach users, assisting with maintaining public facilities at fishing harbours, parking areas and picnic sites, and servingas information and tourist officers.

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however, both scientists and thefishing industry, have recorded adownturn in hake catches over thepast three years. As a result, theTAC for hake has been decreasedby 3 000 tons over the past twoyears and a further decrease of 3000 tons is expected in 2005.

The lobster fisheries

West coast rock lobsters werefirst exploited commercially inSouth Africa late in the 19thCentury, from small row-boatsusing hand-hauled hoopnets.Catches increased steadily duringthe early part of the 20th century,peaking at about 10 000 tons inthe early 1950s. This high level ofexploitation was maintained for awhile, but by 1965 it began todecline, even though fishing effortwas increased.

Catches stabilised in the 1980s atabout 4 000 tons a year. But by1990 environmental and fishing-related conditions caused thenatural growth rate of the westcoast rock lobsters to decrease,with fewer young lobsters enteringthe fishery. By 1996 the TAC wasdecreased to just below 1 500

tons. However, a stock rebuildingstrategy that was instituted in1996, which aimed to achieve a15% recovery in stocks by 2006,paid off sooner than expected andthe TAC increased to over 2 000tons in 2003.

In total, 745 west coast rocklobster fishing rights wereallocated in 2002, compared toonly 39 right-holders in 1992. Aninitial 511 disadvantaged fisherswere allocated west coast rocklobster rights on a limited scale in2002 and a further 274 fisherswere allocated commercial fishingrights for rock lobster in the newlyopened fishing grounds to the eastof Cape Hangklip in 2004.

The allocation of rights on a limitedscale was part of a strategy byGovernment to encourage thedevelopment of SMMEs and tomeaningfully address thelegitimate demands ofdisadvantaged fishers whodepend on inshore resources suchas rock lobster and abalone fortheir livelihoods. Each right is validfor four years and provides theright-holder with a guarantee of asmall income from fishing until

2005. Right-holders are onlyallowed to use hoop nets to catchtheir quota.

South coast rock lobsters arefound in deep-water off the southcoast and are caught by traps thatare deployed on longlines.

Assessment of the south coastrock lobster resource in 1994showed that the population was indecline and a programme ofreducing the annual TAC wasintroduced. Even so, the stock hadstill not recovered by 2001,probably as a result of over-fishingon the part of Hout Bay FishingIndustries, one of the largest right-holders in the fishery. It is believedthat this company’s illegal catchmay have amounted to as muchas 135 tons tail mass per year, or35% of the TAC. The company hassince been successfullyprosecuted.

Interestingly, since Hout BayFishing Industries was removedfrom the fishery, the south coastrock lobster stock has shown signsof recovery and the TAC wasincreased slightly in 2004.

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The Success of the Beach Vehicle Ban

The proliferation of off-road vehicles in South Africa created a variety of negative environmental impacts.Bird and turtle nesting areas are particularly susceptible to damage from off-road vehicles, as are certaincoastal landforms such as dunes, salt marshes, estuarine sand and mud flats.

On 21 December 2001, the Minister prescribed regulations in terms of the National EnvironmentalManagement Act, (NEMA) which provides for the controlled use of off-road vehicles in the coastal zone.The regulations are commonly referred to as the off-road vehicle regulations or 4x4 regulations andgenerally prohibit the use of vehicles on beaches and in the coastal zone, except in exceptionalcircumstances.

Monitoring of stretches of coast has indicated that the banning of off-road vehicles has enabled severalshore-breeding birds – and especially the Damara tern and the African black oystercatcher – to againbreed successfully on beaches. In the case of the Damara tern, the ban has enabled the species tocomplete breeding far earlier in the season than in other monitored years.

Bird counts also show a marked increase in the numbers of sanderlings, common terns, crowned ploversand blacksmith plovers. It is also telling that the numbers of birds counted at Bird Island in Lamberts Bayfell after the ban was imposed. Scientists propose that Bird Island acted as a refuge for these birds priorto the ban on-off road vehicles coming into force.

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The abalone fishery

Rampant illegal fishing between1996 and 2003 has decimated theabalone resource, leading to theclosure of the recreational fisheryand the setting of a global TAC ofjust 282 tons in 2003.

In 2004, a new system of co-man-agement, based on the territorialuser rights fishery (TURF) systemwas introduced in the fishery. Thenew system of co-managementwas introduced in an effort to instilla culture of “ownership” amongright-holders and members ofcoastal communities in order toensure the long-term viability ofthe South African abalone fishery.

According to the TURF system,each right-holder will only be ableto catch his or her quota in astipulated zone. The aim of theTURF system is to involve right-holders and members of fishingcommunities in the managementof the abalone fishery. The systemis premised on the notion that byallocating a small fishing zone to asmall number of divers who areknown to enforcement officials andthe community members whoreside adjacent to that fishingzone, access to the abalone

fishing grounds by unauthoriseddivers would be effectively closed.

The linefishery

Commercial fishing rights for thelinefishery, the hake handlinefishery and the tuna pole fisherywere allocated for the first time in2003.

The tuna pole and hake handlinefisheries are considered to bestable, with healthy stocks.However, the traditionallinefishery, which targets coastalspecies such as snoek (Thysitesatun) and yellowtail (Seriolalalandi) in the Western Cape andkob (Argyrosomus spp.) and reeffish in KwaZulu-Natal, wasdeclared by the Minister ofEnvironmental Affairs and Tourismin December 2000 to be in a stateof environmental crisis. Manylinefish stocks, including kabeljou,rock cod, red steenbras, whitesteenbras, Roman, daggeraad,poenskop and slinger, havecollapsed.

A collapsed stock is one that hasbeen fished to levels at which thenumber of sexually mature adultshas dropped to below 20% of theunfished (pristine) stock. This

means that the stock cannotproduce sufficient young toreplenish itself.

The department has taken a two-pronged approach to rehabilitatingthese stocks. Firstly, fourstrategically located new MarineProtected Areas (MPAs) allow fora higher level of stock protectionby managing the marine area interms of sanctuary or no takezones, as well as by concentratingenforcement strategies andresources in a more confined area.

Secondly, a new linefishmanagement plan has beendevised, dividing the fishery intothree sub-sectors (handline hake,tuna and traditional linefish).These follow the guidelines set foreach of the exploited speciesthrough the Linefish ManagementProtocol, which intends to setcatch guidelines for each species.

In addition, the traditionallinefishery is managed in terms ofa Total Applied Effort (TAE)restricting effort in this fishery to nomore than 450 vessels and 3 450crew.

The Coast

The White Paper for SustainableCoastal Development in SouthAfrica recognises that thecoordination between the leadingdepartment in each province andother departments whose workform part of the overall coastalmanagement effort, is essential.Also important is the involvementof non-governmental stakeholdersin the province, such as business,labour, community-based organi-sations and user groups. To thisend, the White Paper proposesthat a coastal committee beestablished in each of the fourcoastal provinces. This has nowbeen achieved and progress hasbeen made towards theestablishment of a national coastalcommittee.

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MARINE AND COASTAL MANAGEMENT

Marine Protected Areas will help conserve threatened seabirds.

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• In April 2002 Hout Bay Fishing Industriesand two of its directors were convicted of301 charges of overfishing and corruption.This was a significant breakthrough in theDepartment’s efforts to clamp down onoverfishing. A fine of R40 million was paid,the largest fine ever imposed for a fisheries-related offence in South Africa.

• At the end of May 2004 the directors of thecompany were convicted in a court in theUSA where they were sentenced foractivities linked to their previous conduct inSouth Africa. Heavy prison sentences andfines were imposed.

• Further investigations into Hout Bay FishingIndustries by the Scorpions led to theconviction of 18 other vessel owners whohad colluded with the company andharvested up to 10 times their allocation ofwest coast rock lobster.

• For their collusion with Hout Bay FishingIndustries, 14 fisheries control officers werefirst suspended and latersentenced and dismissed.

• SA Hake (Pty) Ltd and itsdirector were fined R250000 for catching andsupplying hake to Hout BayFishing Industries. SA Hake(Pty) Ltd owned andoperated the fishing trawlerCobelo which was used toillegally catch over 912 tonsof hake in 2000. TheCobelo was seized by theDepartment and was then

sold on public auction in January 2002 for asum of R2.9 million.

• The foreign-registered tuna longline vessel,the Golden Eagle, was seized by theDepartment and its owners convicted on acharge of fishing in South African waterswithout a foreign fishing license. They paid afine of R500 000. The proceeds from thesale of the fish caught illegally by the GoldenEagle, including tuna and swordfish worthR158 000 were also forfeited to the State.

• In October 2002, toothfish worthapproximately R500 000 was seized from aforeign registered vessel longline vessel theViola. The seized toothfish was forfeited tothe state.

• In November 2003, a number of fishingcompanies paid a R20 000 admission of guiltfine for each of 12 vessels that were foundto be fishing for west coast rock lobster in amarine sanctuary.

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SSuucccceessssffuull PPrroosseeccuuttiioonnss

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It is envisaged that the CoastalManagement Bill, which wasdrafted in 2002, will bepromulgated during 2005. The Billprovides for importantinterventions that will regulate,enhance, preserve or rehabilitatesensitive or over-exploited coastalareas. It also ensures equitableaccess to South Africa’s coastlineand aligns South African

legislation with international lawsand conventions.

During the period under review, anumber of initiatives wereimplemented under the Coastcarebanner. These include theformulation of interpretive signagefor the coast, an “Adopt a Beach”programme, and the Coastcareinduction programme. “Adopt aBeach” aims at increasing

awareness of coastalmanagement issues amongparticipant groups, while theinduction programme is aimed atbuilding capacity among provincialand local authorities.

The Blue Flag campaign wasexpanded to include sevenbeaches, five in KwaZulu-Nataland one each in the Western Capeand Eastern Cape provinces. Theinternational Blue Flag campaignis an incentive scheme thatencourages local authorities alongthe coast to manage their beachesin an environmentally friendlymanner. Beaches that meetspecific criteria on safety,cleanliness, services, water qualityand amenities are awarded a blueflag which may be flown as part ofthe local authority’s tourismmarketing strategy.

Other coastal projects that arebeing run by the departmentinclude local demonstrationprojects and sustainable coastallivelihoods projects that are beingfunded by the British developmentagency, DFID. Details of all theseprojects will be published in aproject portfolio in 2004.

An initiative to remove cottagesthat were erected illegally in thecoastal zone has gatheredmomentum. Legal action has beentaken against a number of partieson the Wild Coast and it isexpected that this will be extendedto other coastal areas in duecourse.

The off-road vehicle regulationsthat were promulgated in 2001 areto be amended during 2004 inorder to increase theireffectiveness and ease ofimplementation.

AACCHHIIEEVVEEMMEENNTTSS

Throughout the allocation ofmedium-term rights in 2001 and2002, the department was mindful

32

MARINE AND COASTAL MANAGEMENT

Bird Island, home of thousands of gannets near Port Elizabeth, has beendeclared a Marine Protected Area.

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of the allegations of corruption,nepotism and racism that plaguedthe allocation of fishing rights inthe past. Therefore, the newsystem for allocating fishing rightswas designed to be transparent,credible and fair.

The assessment of the medium-term rights allocation wasundertaken by a consultancy thatwas appointed through an opentender process, and which wasentirely independent of the depart-ment. The consultancy was guidedand directed by the departmentand its policies. It comprisedteams of lawyers, accountants andproject management specialists.Their advice was then presentedto the Minister’s delegates (themost senior officials in theDepartment) who considered eachapplication in the light of theadvice provided, before determin-ing which applications to acceptand which to reject.

Importantly, the assessment ofeach application is documentedand recorded at every step in theprocess, thereby ensuringtransparency and compliance withthe Promotion of AdministrativeJustice Act (PAJA). Furthermore,every unsuccessful applicant hasthe right to appeal against thedepartment’s decision, and tohave his or her appeal personallyconsidered by the Minister ofEnvironmental Affairs andTourism.

The handling of applications andapplication fees by the RightsVerification Unit (RVU) instilled anew professionalism into theprocess. The RVU comprisedteams of forensic auditors and wasresponsible for sorting and storingapplications, thereby ensuring thatthey could not be lost or tamperedwith. Their involvement removedthe potential for corruption duringany stage of the allocation andappeal process.

Now that the department has builta sound system for allocatingrights, it is engaged in directing thecourse of fisheries managementfor the next decade. Thegroundwork for the 2005 long-termrights allocation is being laid, acomprehensive policy for eachfishery is being developed, and thedepartment is focusing on itscompliance obligations. Mostimportantly, however, the drive tobuild a marine science andmanagement capacity of highstanding that is able to play aconstructive role on the Africancontinent is well underway. Thisentails, among other things,formulating an ecosystemapproach to fisheries manage-ment, exploring the potential ofnew and under-utilised fisheries,developing the legal and scientificframework that is required to boostaquaculture production in SouthAfrica, and assisting other Africannations to build equally robustfisheries management regimes.

Achieving transformation goals

Some of the fisheries in which ahigh degree of transformation hastaken place over the past tenyears are:

The deep-sea hake fishery

In 1992, only 21 predominantlywhite-owned and controlledcompanies had rights to utilise thedeep-sea hake resource. By 2002,this number had more thandoubled to 53 right-holders. Thereis also a more equitabledistribution of quota among thedeep-sea fishing companies inSouth Arica, a trend that isreflected by the fact that more than92% of the TAC was held by thetop five companies in 1992,compared to less than 74% in2002.

Currently, 74% of right-holders inthe deep-sea hake fishery aremajority HDI-owned andmanaged. In comparison, it is

Marine Treasures

• Of all the marine fish speciesin the world, 16% are foundoff the South African coast.

• A SCUBA diver is reported tohave seen a CoelacanthLatimera chalumnae at adepth of 54m off SodwanaBay early in 2004. The mostrecent sighting of the fish thatwas thought to have becomeextinct 70 million years agofollows the discovery of agroup of seven coelacanthsoff Sodwana Bay in 2002.

• The top ten estuaries rankedin terms of conservationimportance are the Knysna,Berg, Olifants, Kosi, St Lucia,Swartvlei, Gariep,Bot/Kleinmond, Klein andMhlathuze estuaries.

• The South African fishingindustry contributes at leastR2.5 billion a year (1%) toSouth Africa’s GrossDomestic Product (GDP).

• The deep-sea hake fisherygenerates sales of more thanR1.45 billion per annum, isthe largest exporter ofperishable frozen products inthe country and has aninternational reputation forbeing a well-managed fisheryproducing a quality product.

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estimated that in 1992, HDIshareholding in the deep-sea hakefishery amounted to less than0.5%.

The pelagic fishery

Allocation records show that 73%of right-holders in the pelagicfishery are majority HDI-ownedcompanies. These companieshold 75% of the pelagic TAC.Therefore, access to the pelagicfishery by HDIs increased tenfold,from less than 7% in 1992 to morethan 70% in 2002.

The south coast rock lobsterfishery

The offshore nature of this fisheryrequires the use of large vessels(30 to 60 metres), which areexpensive to purchase andoperate. These vessels need tofish a relatively large quota tomake their operational costsviable. This makes it difficult forsmaller right-holders to participatein the fishery. But in spite of theseconstraints, 65% of south coastrock lobster right-holders areSMMEs. Remarkably, 77% of thesouth coast rock lobster resourceis controlled by HDIs. This wasachieved to by allowing newentrants into the fishery, andthrough substantial changes in theownership of the larger compa-nies.

The west coast rock lobsterfishery

As many as 90% of right-holders inthe west coast rock lobster fisherywere classified as SMMEs in2002. 66% of these companies aremajority HDI-owned, compared to1992 when the majority of the lob-ster TAC was in the hands of whiteindividuals and white-owned com-panies. Furthermore, 91.5% offishing rights that were allocatedon a limited scale were allocatedto HDIs or HDI-owned micro-enter-prises. This means that

approximately 70% of the globalwest coast rock lobster TAC isHDI-controlled.

Compliance and Enforcement

The dissolution of Hout BayFishing Industries following thecompany’s conviction for over-fishing resulted in the departmentpurchasing the longline fishingvessel, Eagle Star from the AssetForfeiture Unit (AFU). The AFUseized the vessel from Hout BayFishing Industries in 2001, whenthe company and its directors

were found guilty in a Cape Towncourt. The Eagle Star is now beingused to train fisheries controlofficers and has already beenused in a number of operations,including one in support ofMozambique’s compliance needs.

Improvements in compliance

Recent developments have led toa dramatic improvement in thefield of fisheries compliance: • An observer programme has

been initiated in the offshorefisheries. The function of on-

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MARINE AND COASTAL MANAGEMENT

Tsitsikamma’s coastline was one of the first Marine Protected Areas declaredin South Africa

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board observers is to gather awide variety of biological data.However, the presence ofobservers on fishing vessels isprimarily to independentlyverify that regulations areadhered to.

• Through a vessel monitoringsystem (VMS) the exact loca-tion of all vessels in the SouthAfrican fleet is monitored viasatellite. All commercial fish-ing vessels are now obliged tocarry a VMS on board.

• New levels of partnershipbetween the department and

the South African PoliceServices (SAPS) and theSouth African NationalDefence Force (SANDF) haveincreased investigationsleading to arrests andprosecutions which in turnhave had a deterrent effect onwould-be poachers.

• The first environmental courtin Hermanus, Western Capehas achieved a remarkableconviction rate of 70%. In thepast an estimated 10% ofabalone-related offences weresuccessfully prosecuted and

many cases took years to con-clude. A second environ-mental court was opened inPort Elizabeth, Eastern Capein early 2004

• The amending of laws hasensured that loopholes wereclosed and that the severity ofsanctions was increased. Forexample, the fine for abalonepoaching was increased fromR40 000 to R800 000 in 2003.

• By the middle of 2005 theDepartment will take deliveryof four purpose-built fisheryprotection vessels. The ves-sels are being built at a cost ofR515 million and will boostcapacity to apprehend andinspect non-compliant fishingvessels.

Science

The Department of EnvironmentalAffairs and Tourism marked thepublication of the 25th edition ofthe South African Journal ofMarine Science by giving it a newlook and renaming it the AfricanJournal of Marine Science.

The journal will now broaden itsgeographic scope and provide anoutlet for marine scientists fromother African countries to publishtheir work. It has become the topranked science journal in SouthAfrica since its inception in 1983.

International Cooperation

South Africa, has adopted theBenguela Fisheries Interactionand Training (BENEFIT)Programme and the BenguelaCurrent Large Marine Ecosystem(BCLME) Programme as integralparts of the New Partnership forAfrica’s Development (NEPAD)initiative.

BENEFIT is a joint initiativebetween South Africa, Namibiaand Angola to conduct scientificinvestigations into commerciallyimportant living marine resourcesand their interactions with the envi-

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African Penguins (formerly Jackass Penguins) are protected within the TableBay National Park and at Betty’s Bay in the Western Cape

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ronment in the Benguela region. The BCLME Programme is aninitiative by Namibia, Angola andSouth Africa to facilitate thesustainable management andprotection of the Benguela CurrentLarge Marine Ecosystem. It isprimarily aimed at improving thestructures and capacities of thethree countries to deal withproblems and issues which occuracross national boundaries, in

order that the ecosystem may bemanaged as a whole. The following important instru-ments have been acceded to, orratified:• Agreement for the

Implementation of theProvisions of the UnitedNations Convention on theLaw of the Sea of 10December 1982 Relating tothe Conservation and

Management of StraddlingFish Stocks and HighlyMigratory Fish Stocks(Straddling StocksAgreement);

• Agreement on theConservation of Albatrossesand Petrels (ACAP);

• Convention for the Protection,Management andDevelopment of the Marineand Coastal Environment of

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MARINE AND COASTAL MANAGEMENT

One of the greatest challenges after 1994 was to fairly allocate fishing quotas to historically disadvantaged citizens

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the East African Region andRelated Protocols (NairobiConvention);

• Convention for Cooperation inthe Protection andDevelopment of the Marineand Coastal Environment ofthe West and Central AfricanRegion and Related Protocol(Abidjan Convention);

• SADC Protocol on Fisheries.

CCHHAALLLLEENNGGEESS AAHHEEAADD

One of the key commitments ema-nating from the World ParksCongress, hosted by South Africain September 2003, was thatmarine protected areas (MPAs)around the world should increasedramatically. At present, less than1% of the world’s marine andcoastal systems have been con-served (compared to over 10% ofthe land surface). These make upthe Earth’s largest and mostdiverse biome, crucial in terms ofhuman food supply. Signatories tothe Durban Accord made a com-mitment to increase MPAs to 20%.At the time, 5% of South Africa’scoastal waters were protectedthrough MPAs.

Early in 2004, the Ministerannounced his intention to declarefive new MPAs, putting 19% ofSouth Africa’s coastline under

such protection.

The promulgated MPAs are AliwalShoal, near Umkomaas insouthern KwaZulu-Natal, thecoastal and marine environmentadjacent to Pondoland in theEastern Cape. Bird Island in AlgoaBay, parts of the Cape Peninsulaand the Namaqualand MPA in theNorthern Cape will be promulgatedlater in 2004.

New Fisheries

The Department plans to developtwelve new fisheries over the nextfive years. Some of the fisheriesthat have been earmarked fordevelopment are Eastern Capeabalone, limpets, ornamental fish,east coast rock lobster, sand sol-dier and Indian Ocean squid inKwaZulu-Natal.

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Albatrosses

It is estimated that, every year 300 000 seabirds die in the SouthernOcean – 30 000 in South African waters. The seabirds drown asthey swallow the baited hooks that are shot into the water by fishingboats that target tuna, hake, swordfish and Patagonian toothfish.

In 2003, South Africa gave impetus to the fight to save albatrossesand petrels by joining Australia, Ecuador, New Zealand and Spainin ratifying the global Agreement on the Conservation of Albatrossesand Petrels (ACAP). South Africa’s signing of the agreementbrought it into force.

The ACAP aims to reduce the threat of extinction for the twenty-eight species of albatrosses and larger petrels that are covered bythe agreement. It describes a number of conservation measures tobe implemented by signatory states in order to improve theconservation status of the increasingly threatened seabirds of theopen oceans. Simple by-catch mitigation measures, such as birdscaring devices and the setting of lines at night, need to be widelyadopted if these birds are to be saved from extinction.

South Africa’s waters are home to important populations of fourspecies of albatross, the vulnerable Wandering Albatross and Grey-headed Albatross and the endangered Indian Yellow-nosedAlbatross and Sooty Albatross.

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Fisheries that have been proposedfor development, will initially bemanaged as experimentalfisheries in order to collect data forscientific analysis, and ensure thatthe fisheries do not expand morequickly than the acquisition ofinformation necessary for theirmanagement.

Policies and guidelines for anexperimental octopus fishery were

developed in 2002, andapplications for experimentalpermits were called for in 2003. Itis anticipated that the bulk of theoctopus catch will be exported tothe Mediterranean countrieswhere there is a high demand foroctopus products.

The last foreign fishing boats leftSouth African waters in January2003 following the termination of

South Africa’s 25-year-oldfisheries agreements with Japanand Taiwan. This paved the wayfor the development of a SouthAfrican fishery for large pelagicfish, such as tuna and swordfish.

A policy for the allocation of ten-year fishing rights for catchinglarge pelagic fish by the longlinemethod was finalised in 2004 andit was anticipated that fishingrights would be allocated by mid-year.

Aquaculture

Aquaculture production in SouthAfrica is in the region of 4 000 tonsa year, much of this attributable toabalone and mussel production.Since 2002, abalone farms on thesouth coast have collectivelyproduced more abalone productsfor export than the wild abalonefishery.

These farms are creating asubstantial demand for fresh kelpfronds, which are fed to culturedabalone. Research into seaweedcultivation is being undertaken bythe department to establishwhether the nutrient-richwastewater from abalone farmscan be effectively used to cultivateseaweeds for abalone feed. If thismethod of culture proves to befeasible, it would have the addedbenefit of purifying the wastewaterthat is pumped out of abalonefarms and into the sea.

The success of the abalonefarming industry has promptednew interest in the culture of fin-fish in South Africa. One of themost exciting local species for theaquaculture industry is the duskykob, Argyrosomus japonicus.Research carried out in land-based tanks and in cages atRhodes University showed thatthis species takes to captivity verywell, growing from fingerlings toover 1.0 kg in less than a year.

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MARINE AND COASTAL MANAGEMENT

The department plans to develop twelve new fisheries over the next five years.

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Subsequently, a number of fishingcompanies and other interestedparties have taken up thechallenge of farming dusky koband are following their own pathsto the commercialisation of thespecies.

AANNTTAARRCCTTIICCAA AANNDD IISSLLAANNDDSS

Scientific endeavour has for over40 years been the primaryjustification for a human presencein Antarctica. The Antarctic Treatyis one of the world’s mostsuccessful treaties. It was signedin 1959 and its purpose is toensure that Antarctica is only usedfor peaceful purposes. It coversthe entire area south of latitude60ºS – 10% of the world’s landsurface and 10% of its oceans. Atpresent forty six countries aresignatories to the Treaty,representing 80% of the world’spopulation. South Africa is one ofthe original twelve signatories tothe Antarctic Treaty and plays aleading role in Antarctic matters.

Today DEAT provides logisticalsupport to the annual scienceprogramme, which is conducted inAntarctica and on Marion andGough islands. The department,through the South African NationalAntarctic Programme (SANAP)undertakes a `massive logisticalexercise every year in its effort tosupply and maintain threescientific bases: SANAE IV,Antarctica; Marion Island in theSouth Indian Ocean; and GoughIsland, a British territory in theSouth Atlantic Ocean.

As a founding member of theScientific Committee on AntarcticResearch (SCAR), South Africahas had an opportunity to con-tribute on various levels to theinternational Antarctic community.This has been done through scien-tific collaborations such as theSouthern Hemisphere AuroralRadar Experiment (SHARE) with

the United Kingdom and theUnited States of America, and theSeismology Project with Germany.

South Africa recently hosted the27th Antarctic Treaty ConsultativeMeeting (ATCM). This was thefirst time that South Africa hostedthis annual event. Linking themeeting to the celebration of tenyears of South Africa’s democracy,the country promoted itself as aplatform for increased international

scientific co-operation. Modernfacilities at SANAE IV and MarionIsland, together with increases inscientific funding, provideopportunities for such collabor-ation.

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