BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project South Africa Policy and Governance Assessment For Marine and Costal Resources January 2011

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project Objective and Terms of Reference Recommendations for sustainable management of marine and costal resources in WIO region National Level Policy and Governance Assessment Fisheries Policy review Assess participation by Stakeholders

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project Physio- Geographic Outline Benguela Current vs. Agulhas Current Shelf dynamics of the Agulhas Current Fish and Plankton migrations ACLME linked to the SCLME

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project South Africa’s Legal System Constitutional Framework Section 24 of the Bill of rights Everyone has the right – A)to an environment that is not harmful to their health or well- being; and

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project South Africa’s Legal System Section 24 of the Bill of rights cont... B) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that – i) prevent pollution and ecological degradation; ii) promote conservation; and iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project South Africa’s Legal System Constitutional Framework White Paper for Sustainable Costal Development in South Africa (2000) Our Coast Our Future: Costal Policy Green Paper: Towards Sustainable Costal Development in South Africa (1998) International and Regional Conventions Policy Framework White Paper’s focus on the need to balance the sustainability of marine stocks and historically inequitable access

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project South Africa’s Legal System National Statutes National Environmental Management Act 107 of 1998 ‘NEMA’ National Environmental Management: Integrated Costal Management Act 24 of 2008 (‘ICM’)  Integrated Costal Area Management (‘ICAM’)  ‘Costal Zone’ application  Management of Estuaries  Municipal Costal Management Marine Living Resources Act 18 of 1998 (‘MLRA’)  Section 2(j) as interpreted in Langkilp and Phambili 2  Scope and application

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project South Africa’s Legal System MLRA Section 2(j) 2. The Minister and any organ of state shall in exercising any power under this Act, have regard to the following objectives and principles: (a)The need to achieve optimum utilisation and ecologically sustainable development of marine living resources; (b)the need to conserve marine living resources for both present and future generations; (c)the need to apply precautionary approaches in respect of the management and development of marine living resources; (d)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;

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project South Africa’s Legal System MLRA Section 2(j) cont... (e) the need to protect the ecosystem as a whole, including species which are not targeted for exploitation; (f) the need to preserve marine biodiversity; (g) the need to minimise marine pollution; (h) the need to achieve to the extent practicable a broad and accountable participation in the decision-making processes provided for in this Act; (i) any relevant obligation of the national government or the Republic in terms of any international agreement or applicable rule of international law; and (j)the need to restructure the fishing industry to address historical imbalances and to achieve equity within all branches of the fishing industry.

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project Newly formed Department of Agriculture, Forestry and Fisheries Minister advised by the Consultative Advisory Forum Enforcement via Fishery Control Officers (‘FCOs’), Honary Marine Conservation Officers and Observers MLRA regulation of fisheries: Three categories:  Commercial,  Recreational and  Subsistence Subsistence Fisheries Task Group (‘SFTG’) Institutions, Administration and Enforcement

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project MLRA Management Total Allowable Catch (‘TAC’) as per s.14(1)  Guided by s.2 of the MLRA Allocation of Quotas s14(2) Granting of rights to fish s.18 and  Minister of Environmental Affairs and Tourism v. Pepper Bay Fishing (2004) Granting of Permits to fish s.13 Institutions, Administration and Enforcement

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project Marine Protected Areas (‘MPAs’) as per s.43 of the MLRA Fisheries Management Areas Marine Mammals S.58 prohibition on activities relating to Whales Maritime Zones Act 15 of 1994 ‘Installations’ under the act UNCLOS  Baseline, Internal Waters, Territorial Sea, Contiguous Zone, Maritime Cultural Zone, Exclusive Economic Zone (‘EEZ’)  The Continental Shelf, High Seas  Remaining delimitation questions: Namibia and Mozambique Institutions, Administration and Enforcement

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project Marine Traffic Act 2 of 1981 Offense to sink, dump any vessel wreck or bulk... Carriage of noxious liquids Dangerous goods at sea Marine Pollution (Prevention of Pollution from Ships) Act 2 of 1986, the ‘MARPOL’ act Administered by the Dept. Of Transportation Contains provisions for the IBC code and BCH code. Various Other Acts relating to pollution... Institutions, Administration and Enforcement

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project The National Water Act 36 of 1998 Dept. Of Water Affairs and Forestry Certain offshore activities administered by the Dept. Of Minerals and Energy Common law frames the discussion  Nuisance and Neighbour Law  Rainbow Chicken Farm Ltd v Mediterranean D Woollen Mills Ltd (1963) “[t]he producer of the effluent, quite apart from statutory duties imposed on him... owes a common law duty of care towards others.”  Colonial government v Mowbray Municipality and others (1901) Costal Water protection Institutions, Administration and Enforcement

BUILDING AN ECOSYSTEM APPROACH TO MANAGING AFRICAN MARINE RESOURCES Agulhas and Somali Current Large Marine Ecosystems Project Fisheries Management Costal Area Management Department of Foreign Affairs Department of Transport The South African Maritime Safety Authority The Department of Water Affairs and Environment The Department of Health The Department of Minerals and Energy Costal Provinces and Local Authorities Institutional Framework