SUMMARY & KEY ISSUES ON THE MARINE LIVING RESOURCES AMENDMENT BILL 20 September 2013 Nhlanhla Ginindza (Researcher: Fisheries) 1

Outline Objectives of the Bill Summary of the Bill Issues on amendments Conclusion

Objectives of the Bill Insert, amend or delete certain definitions; To amplify the objectives and principles provided for in that act; To make provision for measures relating to small-scale fishing and for the powers and duties of the minister in this regard; To effect technical amendments; and To provide for matters connected therewith. Insert [small-scale fishers, small-scale fisheries sector & small-scale fishing community]; amend [South African – cooperatives]; main objective [

Summary of the Bill 6 amendments Mainly deals with the recognition of small-scale fishing, extend the power of the Minister to grant fishing rights and fishing allocations, establish and manage small-scale fishing zones, and regulatory framework in the small-scale fisheries sector.

Section 1 (Definitions) The newly added terms small-scale fisher small-scale fisheries sector small-scale fishing community Issue Combining pure subsistence fishing and small-scale fishing [2001 review findings and recommendations] The review recommended that high-value subsistence fisheries such as West Coast rock lobster, traditional linefish and abalone should be commercialised. The commercialisation of these fisheries has permitted fishers to sell and market their products. Difference in management requirements, eg low value species vs high value species

Section 1 (Definitions)...continues. Clarity on the definition of the ‘Department’ and the ‘Minister’ Currently, the MLRA defines the Department as the ‘Department of Environmental Affairs and Tourism’, and Minister as the Minister responsible for the ‘Department of Environmental Affairs and Tourism’. Definitions may need to reflect the 2009, 2010 and 2013 presidential proclamations. reflect the 2009 (Proclamation 44 of 1 July 2009), 2010 (Proclamation 1 of 10 February 2010) and 2013 (Proclamation of 31 May 2013) presidential proclamations.

Section 1 (Definitions)...continues. Clarity on the differences in the definition of ‘small-scale fishing community’ between the Bill and the Small-Scale Fishing Policy [socio-cultural]. Cooperatives (upside and downside). a community is defined as a socio-cultural group of persons, however, in the Bill a community is simply defined as a group of persons Fisheries cooperatives have the potential to contribute to responsible fisheries, food security, women’s empowerment and poverty eradication. 88% mortality in South Africa and 89% in the agriculture and food sector

Section 2 (principles and objectives) Section 2 add three objectives and principles (k, l and m) Section 2 (j) ~ Section 2(k) [Possible similarities - equitable access to resources and redress historical prejudices] Section 2 (l) is incorrectly phrased [used a conjunction (‘or’) instead of a preposition (‘of’)] Multispecies allocation supposed to read as ‘alleviation of poverty’ not ‘alleviation or poverty’ guided by, among other factors, fish stock availability and total allowable catch or effort allocations per zone Has the Department identified the ‘basket of species’ that may be allocated to small-scale fisheries?

Section 14 and 18 Section 14 (2) and Section 18 (1) is the substitution of the word ‘subsistence’ with ‘small-scale’. Extends the power of the Minister to determine a periodic total fishing allocation (section 14 (2)) and to a grant fishing right (section 18 (1)) to the small-scale fishery.

Section 19 Empowers the Minister to establish and manage small-scale fishing zones, and to set up processes, procedures, regulations and criteria relating to the allocation and management of small-scale fishing rights.

Section 24 The only amendment under section 24 is the substitution of the word ‘subsistence’ with ‘small-scale’. This section empowers the Minister to determine fishing allocations in consultation with the Consultative Advisory Forum for Marine Living Resources established under section 5 of the MLRA.

Other matters of consideration Progress on the development of the Small-scale Fisheries Policy Implementation Plan The R424 million requirement in the absence of a final implementation plan Alternative plans that the Department has devised should it fail to get the required additional funds Human capacity to manage over new 37 000 fishers that will be under the small-scale fisheries

Other matters of consideration…cont Clarity on comments made by the Acting Deputy Director General on applicants “starting on clean sheet” Progress on the development of holding facilities or fish processing establishments Identification of the ‘basket of species’ to be allocated to small-scale fishers Co-management of the high-value yet over-exploited and depleted resources to arrest over-exploitation and poaching of the resources

THANK YOU