Issued by: Government Communications (GCIS)
FROM MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ON THE MARINE LIVING RESOURCES ACT. 1998
31 AUGUST 1998
In developing our Marine Living Resources Act the challenge South Africa faced was the restructuring the fishing industry in the context of two over-arching realities.
The first and most compelling of these is the rising expectations of the historically excluded communities, African, Coloured and Indian, who now want to have full access to the marine resources of the nation.
The second reality is that although this industry operates principally in our national waters, our marine fisheries exist in an international market place in which free trade and deregulated markets are the dominant ethos.
Reconciling these two required us to create an environment that will make this industry internationally competitive and result in greater stability precisely by changing it in a direction that will make it more equitable.
The guiding principles that undergird this act are taken directly from the White Paper on Marine Resources, which stressed that al the natural marine living resources of South Africa, as well as the environment in which they exist, are a national asset and the heritage of all South Africa's people, which should be managed and developed for the benefit of present and future generations.
Transforming our fishing industry was made all the more difficult by the fact that we are dealing with what is ultimately a limited resource. Our Marine resources are finite and have therefore to be exploited in a sustainable manner. To ensure sustainable exploitation harvesting the resource necessarily has to be regulated. The Act will neither please everyone, nor can it satisfy every demand.
It is my intention to put the Marine Living Resources Act. Act No. 18 of 1998, into operation as of September 1, 1998. (That is tomorrow). As of that date the allocation of fishing rights will be transferred to the Office of the Minister, as provided for in the Act.
The Act provides for the establishment of two institutional structures, the Consultative Advisory Forum and the Fisheries Transformation Council. Among the objectives of the Act, is the opening up, diversification and democratisation of the industry. Consistent with that aim, candidacy to the Forum was open. Nominations to it were received from urban, rural and coastal communities, from the fishing industry, artisanal fishing, from among small, medium sized and micro-enterprises, from organised labour, the fish processing establishment, from urban and coastal organisations, mariculture ventures, scientific or research bodies, from non-governmental organisations, environmental conservation groups, from recreational fishers and other interested persons.
This Forum will advise me on matters pertaining to the management and development of the fishing industry. This will include issues relating to Total Allowable Catches (subsistence, recreational, commercial and foreign), the management of living marine resources and legislation related thereto; recommendations and directives on areas of research, the establishment and amendment of operational procedures, including management plans; and the allocation of money from the Marine Living Resources Fund.
Transformation of the marine fisheries sector is the principal purpose of the Act. The Fisheries Transformation Council is charged with the task of leasing rights allocated to it by the state to persons from the historically disadvantaged sectors of society, to small, medium sized and micro enterprises and to assist in their development and in capacity building. This we hope will begin to address the attainment of greater equity in the industry. We all know of the historical imbalances in the fishing industry that caused unequal access to the resource. If we are to achieve economic growth, human resource development job creation and a sound ecological balance, the restructuring the industry is inescapable.
In terms of the Act, anyone with any direct interest whatsoever in commercial fishing was ineligible for membership of this Council. Recreational fishing will be regulated via a permit system. Artisanal fishing and commercial fishing will follow two routes: One through my office; the other portion will be handled by the Fisheries Transformation Council as provided for in the Act. Through a public nomination process we have identified the following men and women to serve on the Consultative Advisory Forum:
CONSULTATIVE ADVISORY FORUM (CAF)
NO. NAME FIELD OF COMPETENCE PROV. 1 Mr L Phillips Business NC 2 Mr K Salo Conservation WC 3 Mr D Bailey (CHAIR) Business (Medium size) WC 4 Mr N Daniels Labour (Commercial Sect. WC Vessel Crew) 5 Mr S Malherbe Business (Big and Medium) WC 6 Prof J Field Biology (Commercial) WC 7 Mr M Diemont Law (Legal Task Team) WC 8 Mr R Martin Economist WC 9 Mr E Shalala Labour Commercial Sect. WC Processing) 10 Mr Z Madyaka / or Mr G Christy Business (Medium size/Small) EC 11 Mr G V Winch Recreational EC 12 Prof T Hecht Biology (Mariculture) EC 13 Dr Siqwana-Ndulo Social Science EC (Subsistence fishing) 14 Dr A Govender Biology (Recreational) KZN 15 Dr J Harris Biology (Subsistence) KZN 16 Mr C Coetzee Conservation KZN 17 Mr T vundla Business (Large) WC
To serve on the Fisheries Transformation Council, we have designated:
FISHERIES TRANSFORMATION COUNCIL (FTC)
No. NAME FIELD OF COMPETENCE PROV.
1 Mr R Daniels Development Economist WC 2 Mr D Meter Councillor WC 3 Rev V C Mehana Exec. Director WC (Post Office - National) 4 Mr Y Mohamed Law (Access Rights Panel) KZN 5 Mr T Papier Law (Legal Task Team) WC 6 Mr S S Mathe Law - Business KZN 7 Mr L C Zinyane Tax Consultant KZN
The management of marine resources is a national competence. Regional interests have however been accommodated and together with the Department I will attend to the creation of suitable structures for fisheries management in provinces that do not have the capacity. Some tasks relating to fisheries management may be delegated to those provinces where management capacity exists.
Our determination to achieve more equitable access to our Marine resources must, however not be confused with an expansion of those resources. This means that not everyone who wants to fish, not everyone who applies for a quota, will, from the 1 of September, be guaranteed that he will receive a quota. Since 1994 there has been an escalation of applications. For example we have received 800 applications for Hake longline. But there are only 4400 tonnes of the fish that can be allocated to longline. Similar natural constraints apply to each of the species. All we can promise is that the process will now be free of racism; that it will be fair and that it will not discriminate against anyone on grounds of race, colour or greed. We shall, at the same time, endeavour to preserve stability by minimising disruptions.
Another major change will be the extension of the permit system for recreational fishing to affect all such activities, barring Abalone and Crayfish harvesting.
The Quota Board will finalise outstanding matters relating to quotas already allocated for the current season and will process all outstanding appeals related to those allocations. I have already formally advised members of the board to complete these duties, after which the board will formally be dissolved. I want to take this opportunity to reiterate my thanks to all members of the Quota Board for the service they rendered to the industry and their country during their term of office.
All applications for quotas should be submitted, as before, to the Directorate of Sea Fisheries on forms obtainable from the Chief Director's office in accordance with the due dates stipulated in Notice 465 in government Gazette No 15713, of 13 May 1994.
All recreational permits will be obtainable from Post Offices throughout the country, with the exception of KwaZulu-Natal, at a fee applicable for each specific activity - whether angling, collecting bait, or mud crabs, seaweed, etc.
We shall be applying the user-pay principle embodied in the Act. The commercial sector will begin paying for its right to exploit a national resource with the operationalisation of this Act. The income so generated will go towards research, management and control of these resources.
Issued by: Ministry of Environmental Affairs and Tourism. Private Bag X9154, Cape Town 8000. Tel: (021) 45-7240.