Agriculture, Forestry and Fisheries Minister Tina Joemat-Pettersson
has described as "historic" a new amendment Bill which will give
small-scale fishers collective fishing rights for the first time,
helping to root out poverty and poaching in South Africa's 150 fishing
communities.
The Marine Living Resources Amendment Bill, which is expected to come
before the National Assembly's portfolio committee on agriculture,
forestry and fisheries next Tuesday, allows for the allocation of
fishing rights to identified small-scale fishing communities, which have
previously been excluded from the commercial fishing rights allocation
process.
Small-scale fishing policy
The Bill intends to bring into force the department's small-scale
fishing policy, which supports the setting up of community-based legal
entities - in the form of co-operatives - by small-scale fishers to
allow fishing communities access to fishing rights.
Under the policy, the department proposes that certain areas along
the coast be demarcated and prioritised for small-scale fishers.
Desmond Stevens, the department's acting deputy director-general of
fisheries, said the department had so far engaged with about 80% of
stakeholders - including small-scale fishing associations and large
fishing companies - and that a broad consensus had been reached on the
need for fishing rights for small-scale fishers.
Stevens said the small-scale fishing policy would introduce a
co-management approach which could give each fishing community, together
with local authorities, the department and scientists, shared
responsibility managing the fishery sector.
Once a fishing community had established a community-based legal
entity, the community would then be able to apply to the minister to
have an area designated a small-scale fishing community area.
It is proposed that comprehensive regular assessments be conducted to
determine which species should be made available to small-scale
fishers, sustainable harvesting targets and, where appropriate, the
boundaries of areas demarcated for small-scale fishers.
Counting SA's subsistence fishers
In its current strategic plan, the department envisages that 70% of
eight of the current 22 fishing sectors will be allocated to small
businesses and small-scale fishers - including sectors like line fish
and lobster.
The department has identified 150 fishing communities, as well as
possible areas to be demarcated exclusively for small-scale fishers, and
the number of species that can be included in fishing rights.
While the National Development Plan (NDP) states that South Africa
has about 29 000 subsistence fishers, Stevens said the department had
about 8 000 such fishers on its books.
However, he said the department intended to appoint an independent
organisation to conduct a count of the country's fishers; a list would
be then published for members of the public to comment on.
Through giving communities access to fishing rights, the Bill, he
said, would also help reduce the incidence of poaching, as communities
would be more likely to protect marine resources if they were also able
to make a livelihood from it.
Support for the Bill
While the Department of Trade and Industry (DTI) supports fishing
co-operatives and small fishing companies through its Fishing Cluster
Project, Stevens said a number of other departments already supported
the Bill and would, together with commercial fishing companies, provide
resources and support for small-scale fishers.
Stevens' department also plans to help small-scale fishers to expand
into the full fishing value-chain of not only harvesting, but also
processing and marketing, by offering facilities and other resources to
co-operatives.
Naseegh Jaffer, the director of the Masifundise Development Trust - a
non-governmental organisation which works with small-scale fishing
communities - said the Bill would also help unify fishing communities,
encouraging them to work together rather than competing for individual
fishing rights.
Since the adoption of the Allocation and Management of Long Term
Fishing Rights in 2005, Masifundise Development Trust, along with other
small-scale fishing groups, has campaigned to see the realisation of
collective fishing rights for small-scale fishers.
Jaffer said the establishment of community-based legal entities would
help provide small-scale fishers with better incomes. At present, many
fishers have to loan money from middle-men to fund their fishing
activities - only to have to repay them with up to 90% of the value of
their catch.
In keeping with the policy, small-scale fishers are expected to be
awarded the rights for near-shore fishing (within 10 nautical miles of
the shore, according to Jaffer) in those areas designated by the
minister.
Jaffer called on the department to work with fishers in local
communities to ensure that genuine fishers were identified for
participation in each community-based legal entity.
Fishers 'should know their rights'
The chairperson of South African United Fishing Front, Pedro Garcia,
warned that many in fishing communities could find themselves exploited
if they were not trained and prepared to work in a co-operative to take
advantage of collective rights.
However, Garcia questioned whether the planned establishment of
community-based legal entities was not unconstitutional, in that it
might be in breach of freedom of association ascribed in the Bill of
Rights.
Shaheen Moolla of natural resources advisory firm Feike said the
co-operatives model had also proved problematic in the fishing industry,
as many that operated in the past had reaped little income because many
were not run by business-minded people.
Moolla raised concern that the granting of collective rights would
result in an already dwindling fish stock divided among more fishers,
which could in turn lead to increased poverty and poaching in fishing
communities.
He pointed to Vietnam, which had in 2010 done away with collective fishing rights in response to dwindling fish stocks.
Some 2 200 small-scale fishers were already operating with individual
rights or with exemptions from having to obtain rights, Moolla said.
However, he agreed with the small-scale fisher policy's call for a
territorial user rights system, based on fishers having the rights to
access fish stocks in the area in which they reside.
The Department of Agriculture, Forestry and Fisheries said the
National Assembly's portfolio committee on agriculture, forestry and
fisheries would hold public hearings on the Bill on 15 and 16 October.