Country review: South Africa (Indian Ocean)

Dave Japp
Capricorn Fisheries Monitoring c.c.
November 2004

INTRODUCTION

As a case study in Marine Capture Fisheries Management, South Africa is unique in two senses - fisheries overlap in both the Indian and Atlantic Oceans and, recent (since 1994) political transformation has initiated dramatic changes in the management of these fisheries in nearly all respects.

South Africa’s coastline extends from the southern tip of the African West Coast bordering Namibia in the north to the southern most point of Cape Agulhas at 350S and 200E. Thereafter the coastline extends north and eastwards into Kwazulu Natal where it borders Mozambique at 270S and 330E. On the West Coast, the northward-flowing Benguela Current system drives a typical cold water, upwelling, high productivity region with large industrial fisheries and low species diversity. On the East Coast the opposite is true, with the warm Mozambique and narrow continental shelf with a mixture of tropical and temperate water species. There is a transition zone on the southern coastline between these two systems that includes the temperate Agulhas Current which sweeps across a broad bank (the Agulhas Bank) on the continental shelf and mixes with the Benguela Current. At this intersection, eddies are formed that either move northwards into the Atlantic Ocean, or, retroflect south and east again into the Southern Ocean. By definition however, the true divide between the Indian and Atlantic Oceans, occurs at 200E. Significant commercial fisheries in South Africa off the Indian Ocean coastline are few and it is only the extension of the West Coast fisheries across the divide between the two Oceans that gives substance to the Indian Ocean fisheries complex. This report therefore focuses on the main fisheries in the Indian Ocean, which occur at the southern and western limits of the Indian Ocean. From a regional management perspective the political borders include Kwazulu Natal (Mozambique border southwards) to about 300E, then the Eastern and Southern Cape to Cape Agulhas.

Of the South African Indian Ocean fisheries, only the small Kwazulu Natal prawn-trawl fishery operating out of the port of Durban, is truly Indian Ocean in character. Numerous subsistence fisheries exist off the Natal coastline bordering the Indian Ocean, but these are relatively minor. A more substantial commercial line fishery^[425] operates off the East Coast, but is also minor in comparison to the commercial line and recreational line-fish fisheries on the Eastern and Southern Cape Coasts. The main target fisheries in these areas include a squid-jig fishery, a commercial and recreational linefish fishery, and also extensions of the West Coast hake and sole bottom-trawl and purse seine fisheries for small pelagics.

POLICY FRAMEWORK

The guiding principles for fisheries in South Africa are embraced in the Marine Living Resources Act (18) of 1998 (MLRA). This is a comprehensive Act of parliament outlining policy relating to all living marine resources in South Africa and includes non-consumptive activities such as Boat-Based Whale Watching (BBWW) and shark cage diving. Management and control of marine resources are the mandate of the Minister of Environmental Affairs and is controlled by National Government^[426]. Provincial control is minimal and the only reference in the Act to provincial or regional management states that “the Minister may assign the administration of any provision of this Act to the executive authority of a province”^[427] and may also delegate his powers to sub-ordinates. He may not however delegate his powers to make regulations to the provinces and as such maintains National control of marine resources.

The stated purpose of the Act is “to provide for the conservation of the marine ecosystem, the long term sustainable utilisation of marine living resources and the orderly access to exploitation, utilisation and protection of certain marine living resources; and for these purposes to provide for the exercise of control over marine living resources in a fair and equitable manner to the benefit of all the citizens of South Africa; and to provide for matters connected therewith”. The principles and objectives of the Act are stated as:

• the need to achieve optimum utilisation and ecologically sustainable development of marine living resources;

• the need to conserve marine living resources for both present and future generations;

• the need to apply precautionary approaches in respect of the management and development of marine living resources;

• the need to utilise marine living resources to achieve economic growth, human resource development, capacity building within fisheries and mariculture branches, employment creation and a sound ecological balance consistent with the development objectives of the national government;

• the need to protect the ecosystem as a whole, including species which are not targeted for exploitation;

• the need to preserve marine biodiversity;

• the need to minimise marine pollution;

• the need to achieve to the extent practicable a broad and accountable participation in the decision-making processes provided for in this Act;

• any relevant obligation of the national government or the Republic in terms of any international agreement or applicable rule of international law; and

• the need to restructure the fishing industry to address historical imbalances and to achieve equity within all branches of the fishing industry.

The MLRA and the associated “Regulations in terms of the MLRA, 1998” were made law in 1998 after an extensive Fisheries Policy development process initiated after democratic elections in 1994. The MLRA replaced the old Sea Fisheries Act that had become outdated with democratic change. The new legislation and policy emphasises the need to transform the fishing industry and to develop opportunities for historically disadvantaged citizens of South Africa. The new Act also had a revised approach to the International commitments of South Africa with respect to (UNCLOS) and Regional Fisheries Management Organisations, including specific reference to high seas fishing and the obligations of South Africa in that regard.

LEGAL FRAMEWORK

The legal framework for the control and management of all marine resources in South Africa falls under the MLRA, regulations and specific permit conditions. Management of commercial and recreational fisheries, whether Indian Ocean or Atlantic, therefore falls within this framework although on a sector by sector basis specific management regimes may differ.

The Minister of Environment Affairs and Tourism (DEAT) is the ultimate authority responsible for fisheries and marine resources. Management of fisheries is delegated to the Deputy Director General of a Branch of DEAT - Marine and Coastal Management (MCM) in Cape Town (which is the hub of the commercial fisheries). Within MCM, four Directorates handle Finance, Research, Resource Management (with sub-directorates, regulation, allocation and verification) and Compliance (monitoring and enforcement). For legal matters, MCM and all directorates fall under a single national judicial structure with provincial magisterial districts and courts. At a regional level therefore, offences under the MLRA are normally prosecuted in the nearest district court. South Africa has also instituted “environmental courts” established in specific areas where environmental matters have a high profile (such as on the Western Cape coast where poaching of abalone is rife). Historically, prosecution of minor offences under the MLRA has been protracted and had a high probability of failure for mostly minor technical reasons. The new environmental courts utilize magistrates and prosecutors who specialize in environmental offences, increasing both the chances of successful prosecution and reducing delays in the process.

On a higher level, more complex cases (such as fishing rights-based litigation) are referred to the high courts (provincial based), or to the appeal court based in South Africa’s judicial capital, Bloemfontein. Litigation may also be referred to the Constitutional Court^[428].

Although DEAT and MCM are the ultimate bodies responsible for fisheries, provincial institutions do exist that augment the management and prosecution of fisheries legislation. For example, on the Indian Ocean coastline, the Kwazulu Natal Parks Board have been delegated the responsibility of managing national parks in the region, including marine and terrestrial reserves. Their officials and inspectors monitor vessel landings and collect catch and effort data and also have a compliance function (i.e. can make arrests and prosecute in terms of the MLRA). Nationally the South African National Parks authority also have similar powers and work closely with DEAT with particular regard to the coastal zone and marine reserves.

Non-fisheries specific legislation does not have a significant influence on the management of fisheries in South Africa. Most non-consumptive marine activities fall under the MLRA. The coastal zone is however more complex with developments affecting the coastline requiring environmental impact assessments (EIA) - at this point there is however no significant impact on fisheries known. Offshore hydrocarbon and diamond mining activity does interact and impact on fishing and coastal zones. In these cases, legislation requires EIA’s and a proper consultative process. A recent development is the introduction of the Biodiversity Act that establishes legislation requiring the preservation of biodiversity in South Africa - for example the establishment of new coastal and marine protected areas (MPA)^[429].

STATUS OF FISHERIES IN THE COUNTRY

The fisheries sector is a relatively small sector within the national economy of South Africa. In 1999 the whole South African Fishing Industry was estimated to generate approximately ZAR 1.7 billion (approximately US$ 227 million) wholesale revenue per annum to South Africa’s Gross Domestic Product (this has increased to ~R2 billion in 2004). The overall contribution to the national GDP is less than 1 percent. Industrial fisheries in South Africa started just before the turn of this century and, thereafter, effort escalated rapidly. By the 1960s, catches in several South African fisheries had exceeded sustainable yields and there were sharp declines in some key stocks, prompting initiatives to improve the scientific standard and base for management of the major fisheries. For the purposes of this report it must be noted that the largest commercial fisheries in South Africa occur in both the Atlantic and Indian Oceans although the Atlantic sector is more productive.

The demersal trawl fishery targeting hake Merluccius sp. is the most valuable with 90 percent of the 161 000 tonnes TAC exported. The hake sector is quite complex in that it supports several fisheries of which the Offshore Trawl is the largest (about 33.3 percent of the stock caught in the Indian Ocean), a small Inshore Trawl fishery on the South Coast (in the Indian Ocean - about 6 percent of the hake TAC) and dedicated hake handline and longline fishery (about 10 percent of the hake TAC).

There is a small midwater trawl fishery operating on the South Coast (Indian Ocean) that targets exclusively adult horse mackerel Trachurus trachurus capensis, which in terms of volume (30-58 000 tonnes) is the third largest fishery in South Africa (but one of the lowest in terms of value). The purse seine fishery for small pelagic species (anchovy, pilchard, round herring, and juvenile horse mackerel) is South Africa’s largest fishery in terms of volume with the 2004 TAC (combined for anchovy and pilchard) approximating 600 000 tonnes The bulk of this catch is however taken in the Atlantic Ocean, with directed fishing for adult pilchard on the South Coast a recent development (since 2000).

There is a valuable inshore rock lobster fishery based in the Western Cape (non Indian Ocean) and a small capital-intensive fishery for deepwater rock lobster on the south coast (Indian Ocean), with a TAC based on tail weight approximating 450 tonnes.

An Indian Ocean-based squid-jigging fishery targets chokka squid. Catch varies considerably being as high as 14 000 tonnes in one year and 4 000 tonnes in the next. Presently the fishery is input controlled (men per boat) with about 145 boats and 2 324 fishers. Today the jig-fishing fleet consists of about 300 mostly small vessels, such as skiboats and catamarans, but effort is creeping up and catch rates are declining. The resource is protected by a closed season of 3-5 weeks when spawning is at its peak (usually November).

Other fisheries include a declining abalone fishery (Atlantic) which has been heavily poached (TAC < 200 tonnes now) and a complex linefish fishery extending around the entire coast that includes pole fishing for albacore tuna 4-6 000 tonnes per year). Catches in the commercial line fishery peaked at 18 000-20 000 tonnes in the late 1960s and early 1970s, but then declined steadily to an estimated 7 300 tonnes in 1985. Presently this sector has been dramatically reduced with most stocks overexploited, with many fishers now integrated into the hake handline fishery centred on Mossel Bay.

A small shark-directed longline fishery has operated in both Ocean sectors for many years (22 rights holders). More significantly an experimental tuna/swordfish longline fishery with up to 30 vessels has also been active since the mid 1990s. In 2004 this sector will be formalized permitting 30 tuna and 20 swordfish-directed boats to operate. A significant amount of this effort is expected in the Indian Ocean with boats using Durban and Richards Bay as a base.

MANAGEMENT ACTIVITY

South African fisheries have generally been well managed with frequent revision of management procedures reflecting progressive change within the countries management structures as well as changes in international trends. Management of the country’s fisheries is the responsibility of the Department of Environmental Affairs and Tourism: Branch - Marine and Coastal Management (MCM) in Cape Town. Management structures within MCM have in recent years changed with political transition, but essentially apply the following protocol:

• An appointed scientific working group for each fisher sector meets regularly to discuss scientific matters concerning a particular resource. This includes resource assessment and advises senior management (administrative functionaries) on stock status, TAC recommendations, and controls. The working group includes modelers, biologists, environmental scientists, oceanographers, economists as well as Industry-based Observers (who do contribute to the process as well);

• Recommendations are reviewed by the Director: Research and the Head of MCM: Deputy Director General. Thereafter recommendations on a fishery are discussed at management advisory groups (MAG) where there is greater participation by stakeholders;

• Recommendations on the fishery are “signed off” by the Head of MCM (Deputy Director General) who submits for final approval to the Minister; and

• In some cases legal advice is sought and this may include changes to regulations and permit conditions (which can be changed without changing the ACT). Fundamental changes requiring policy revision and changes to the ACT are more complex and require parliamentary processing through a Bill before final approval can be made^[430].

TABLE 1
Three largest Indian Ocean fisheries of South Africa

Note: these fisheries occur in the Atlantic as well.

All of South Africa’s marine fisheries are managed in this way - this includes at least 15 fisheries such as the sectors mentioned in section 4 as well as numerous minor fisheries like seaweed, aquaculture, mussels (and numerous other minor intertidal species exploited) and non-consumptive sectors such as shark cage diving and Boat-Based Whale Watching. Management of these fisheries varies from intensive (main commercial sectors) to lower profile with less formal management approaches. Assessments are done annually for all the main commercial species with the lower profiles sectors assessed on an ad hoc basis.

The number of fisheries managed has increased steadily in recent years, although the personnel capacity to do so has struggled to keep pace with the need. Up to the mid 1980’s only the main commercial fisheries were managed, and these took on a different approach with the declaration of the 200 EEZ in 1977. Perhaps the most significant development was political transition, which required a new perspective on marine resources including a new fisheries policy, replacement of the old Sea Fisheries Act with the MLRA, extensively revised regulations, and reallocation of fishing rights^[431].

All of South Africa’s main commercial fisheries are believed to be fully exploited with the only possible exception being the mid-water directed^[432] fishery for horse mackerel. Stock levels are generally low with most management strategies aiming for stock recovery by raising the spawning stock biomass to at least 50 percent of B0. This is true for the three Indian Ocean stocks considered in this report. Although all three stocks have very different dynamics (hake are a long-lived slow-growing species, horse mackerel are a shoaling highly migratory species reaching about eight years old and pelagic stocks are short-lived with stock levels fluctuating annually with environmental conditions). The most seriously depleted stocks are the linefish (predominantly endemic reef fish) which with the exception of a few, have been assessed as seriously depleted and below sustainable levels. Under such circumstances the MLRA mandates the state authority to take corrective action, including the closing of fisheries and or reduced effort and other management measures that facilitate stock recovery.

Most fishing gear types have at some point in time being used in South African waters. High seas gillnetting is banned and there is an array of measures restricting longline types, trawl nets, handlines, vessel types and power, hooks and many other fishing gear configurations. Although poor compliance and under-capacity to administer compliance and to conduct appropriate research are the major impediments, fishery compliance in South Africa has improved in recent years with an increasing number of convictions and some evidence that this is having a positive influence on stocks^[433].

COSTS AND REVENUES OF FISHERIES MANAGEMENT

Historically fisheries management in South Africa has depended on state revenue budgets to support administrative functions, compliance, and research. Industry taxes and levies were paid into a “Marine Living Resources Fund” (MLRF), although these funds were not necessarily channeled back into fisheries management. More recently this policy has been changed with all taxes and other funds recovered from the fishing industry allocated to the MLRF and MCM given greater autonomy to administer these funds for research and compliance^[434]. An example is the building of four new fishery patrol vessels, which are expected to come into service in 2005 and the improvement of compliance monitoring. Budgets for MCM have increased systematically in the last ten years, although there are strict constraints on personnel deployment with the overall rationalization of employment in the government.

There are other sources of funding for fisheries management including International donor funds and alternative research funding through the National Research Foundation and a few other minor groups.

IMPLEMENTATION OF GLOBAL FISHERIES MANDATES AND INITIATIVES

South Africa has ratified the United Nations Convention on the Law of the Sea (UNCLOS) and the UN fish stocks agreement. Fisheries management strategies in South Africa have generally followed the FAO Code of Conduct for Fisheries and regionally initiatives taken to form Regional Fisheries Management Organizations. For the Atlantic this process is advanced and South Africa is a full member of the International Commission for the Conservation of Atlantic Tunas (ICCAT) and the South East Atlantic Fishing Organization (SEAFO). Involvement in the Indian Ocean organizations is not as advanced and South Africa only has Observer status at the Indian Ocean Tuna Commission (IOTC). Initiatives to establish a ground fish forum (such as SEAFO) for the Indian Ocean have been slow, although it is in process^[435].

South Africa has taken active steps with regard to International Plans of Action, although it should be kept in mind that the country itself has been going through a very difficult transition period since 1994. The introduction of high seas fishing permits for flag-state vessels has helped control domestic effort, although other high seas activity by flags-of-convenience countries has been difficult to administer. Monitoring of the landings of IUU vessels has improved dramatically with numerous arrests and convictions through international collaboration (particularly for Patagonian Toothfish). The result of these actions has been the general avoidance of IUU vessels landing in South African ports, as well as other ports in the region in countries signatories to SEAFO and the SADC Fisheries Protocol (Southern African Development Community). As a member of both ICCAT and CCAMLR, South Africa also complies with Catch Documentation Schemes and has taken initiatives in all longline fisheries to introduce methods to mitigate against seabird mortality. South Africa is also a signatory to the International Plans of Actions to limit incidental seabird catches. A national plan of action on shark management has been initiated and is in process of consultation and is expected to be submitted to FAO in 2005.

PARTICIPATION IN REGIONAL FISHERIES BODIES (RFB)

With regard to regional fishery bodies (RFB), South Africa has no formal strategy to implement measures adopted by these bodies other than the MLRA. As a signatory to any RFB however, the Minister has authority to act as he sees fit, although in the case of SEAFO there has been no apparent direct application of the fishery measures adopted. For the Indian Ocean, a concerted regional strategy has not yet been introduced.

SUMMARY AND CONCLUSIONS

Indian Ocean fisheries in South Africa are relatively minor when compared to the large scale industrial fisheries found on the South African Atlantic coastline. However significant commercial exploitation does occur in the southern Indian Ocean adjunct to the Atlantic and these are the principle fisheries described in this review. It should be noted that apart form the demersal trawl, purse seine (small pelagic) and midwater trawl fisheries (which are the largest in term of volume and income), other fisheries in the Indian Ocean contribute significantly to regional economies and employment. The dedicated squid jig fishery is entrenched in the Eastern Cape economy and to a lesser extent the prawn trawl fishery off Kwazulu Natal also contributes to the socio-economic stability of the area. The extensive linefish fishery which has both commercial and recreational components is substantial in terms of people involved, although stocks exploited have declined significantly.

Fisheries management in South Africa is generally good with all fisheries managed on a sustainable basis. International protocols and agreements have been applied within the capacity of the state authority. The fisheries sectors are not without problems, particularly with regard to compliance, although indicators are that this is improving as more funds are directed at the problem areas. South Africa has taken the lead in Southern Africa with regard to the implementation of International agreements and the formation of Regional Fisheries Organizations. It should however be appreciated that fisheries in South Africa are still in transition and the pending allocation of long-term rights (2006) are expected to absorb a large proportion of the management capacity, whilst still trying to maintain a good research and fisheries management base.

APPENDIX TABLES
Current management of marine capture fisheries in South Africa

n/a = not applicable

Summary information for three largest fisheries (by volume) in South Africa (Indian Ocean) (2004)

* Value in 2002 U.S. Dollars.

** % values are based on totals for each category of fishery.

Note: With respect to South Africa, volumes and values are the authors best estimates. These numbers have had to be apportioned according to the approximate amounts caught in the Indian and Atlantic Oceans.

n.a. = not available

Use of fishery management tools within the three largest fisheries in South Africa (Indian Ocean)

Costs and funding sources of fisheries management within the three largest fisheries in South Africa (Indian Ocean)

Compliance and enforcement within the three largest fisheries in South Africa (Indian Ocean)

Capacity management within the three largest fisheries in South Africa (Indian Ocean)

n.a. = not available.