THE MARINE LIVING RESOURCES AMENDMENT BILL (B30B), 2013

BACKGROUND There is currently no legal framework to implement the Policy for the Small-Scale Fisheries Sector (the Policy) in South Africa which was published as Government Notice 474 in Government Gazette No on 20 June The Marine Living Resources Amendment Bill, 2013 (the Bill) was published on 25 April 2013 for comment. On request from various stakeholders the due date for comment was extended from 24 May 2013 to 14 June The Bill will enable the Minister to allocate fishing rights to small-scale fishing communities. The proposed amendments will in a substantial manner transform the fishing industry and deal purposefully with the inequalities of the past fisheries allocation system. The amendments will positively impact on the lives of small-scale fishers, improve food security and advance vulnerable groups such as women, youth and persons living with disabilities. The small-scale fishing communities will be able to participate in the whole value chain and to benefit substantially more from their allocations. This will create more economic possibilities for these communities. 2

PROPOSED AMENDMENTS TO THE MARINE LIVING RESOURCES ACT 18 OF 1998 The Department, after proper consideration of the comments and petitions received from various stakeholders, including industry, small-scale fishers and other interested parties, decided to narrow the focus of the Bill to deal only with amendments necessary to implement the Policy. The Portfolio Committee on Agriculture, Forestry and Fisheries (National Assembly (NA)), after conducting public hearings on the Bill, recommended that the Bill be passed by the NA. The NA passed the Bill on 7 November The Bill proposes the following amendments:  Amendment of section 1 of the MLRA to insert the definitions of “small-scale fisher”, “small-scale fishing community” and “small-scale fishing community area” as set out in the Policy. These definitions are required to identify, verify and register small-scale fishers and small-scale fishing communities. 3

PROPOSED AMENDMENTS TO THE MARINE LIVING RESOURCES ACT 18 OF 1998  A 'small-scale fisher' means a member of a small-scale fishing community engaged in fishing to meet food and basic livelihood needs, or directly involved in processing or marketing of fish, who— (i) traditionally operate in near-shore fishing grounds; (ii) predominantly employ traditional low technology or passive fishing gear; (iii) undertake single day fishing trips; and (iv) is engaged in consumption, barter or sale of fish or otherwise involved in commercial activity, all within the small-scale fisheries sector. 4

PROPOSED AMENDMENTS TO THE MARINE LIVING RESOURCES ACT 18 OF 1998  A 'small-scale fishing community' means a group of persons— (i)who are, or historically have been, small-scale fishers; (ii)have shared aspirations and historical interests or rights in small-scale fishing; (iii)have a history of shared small-scale fishing and who are, but for the impact of forced removals, tied to particular waters or geographic area, and were or still are operating where they previously enjoyed access to fish, or continue to exercise their rights in a communal manner in terms of an agreement, custom or law; and (iv) who regard themselves as a small-scale fishing community. 5

PROPOSED AMENDMENTS TO THE MARINE LIVING RESOURCES ACT 18 OF 1998 Amendment of section 1 of the MLRA to add to the definition of “South African person” a co-operative registered in terms of the Co-operatives Act 14 of2005. This will enable allocation to small-scale fishing communities and facilitate access to the benefits and support that the DTI provide to co-operatives. All references to the word “subsistence” in the MLRA will be deleted and replaced with the word “small-scale” and ensure that small-scale fisheries are entrenched in the fisheries management system. Three new principles and objectives that will guide the interpretation, administration and implementation of the Policy will be added to the current principles and objectives of the MLRA.  The new principles and objectives will ensure that decision makers must have due regard to the need to promote marginalized groups such as women, youth and persons living with disabilities.  It also highlights the importance of food security, socio-economic development and the alleviation of poverty. It further recognizes the allocation of a basket of species as opposed to single species allocations. 6

PROPOSED AMENDMENTS TO THE MARINE LIVING RESOURCES ACT 18 OF 1998 The Bill proposes a new section 19 to replace the current section 19 of the MLRA. This section deals with the management of the small-scale fisheries sector. It provides for the establishment of fishing areas or zones for small-scale fishers, the recognition of small-scale fishing communities and the possible prohibition of other fishing or related activity which may impact negatively on small-scale fishing. Section 19 also provides for the issuing of regulations that deals with the processes and procedures for:  the allocation and management of small-scale fishing rights;  the criteria that will be utilised for the recognition of small-scale fishing communities;  the criteria that will be utilised for the recognition of small-scale fishers; and  any other administrative or procedural matter that may be necessary to implement the small-scale fisheries policy. 7