Achieving Equity in the Fishing Industry: The Fate of Informal Fishers in the Context of The Policy for the Small-Scale Fisheries Sector in South Africa

Authors

  • Michael Young University Of Cape Town

DOI:

https://doi.org/10.17159/1727-3781/2013/v16i5a2435

Keywords:

Marine living resources, Small-scale fisheries, Subsistence fishers, Co-management, Community-based rights, Resource sustainability, Policy, National Development Plan.

Abstract

The implementation of the Marine Living Resources Act 18 of 1998 which governs fisheries management in South Africa is guided by a series of objectives. Chief amongst these are the need to ensure resource sustainability, promote economic growth and achieve equity in the fishing industry. Striking a balance among these competing imperatives is a necessary but also monumental task, one which South Africa has arguably failed to achieve to date. In particular, as far the equity objective is concerned, a group of fishers, including both subsistence and artisanal fishers, have continued to be marginalised and overlooked in the fishing rights allocation process.

 

The Policy for the Small-Scale Fisheries Sector in South Africa aims to provide recognition and redress to this sector of the fishing industry. It seeks to achieve this objective by adopting a community-based, co-management approach. The Policy accordingly envisages that fishing rights will be allocated to small-scale fishing communities and that these communities will become involved in managing fisheries together with government.

 

This contribution reviews and critically analyses the scope of application of the Small-Scale Policy and the management approach adopted by the Policy, with a view to assessing its potential to achieve the objective of providing redress to the formerly marginalised groups of fishers. This analysis takes place against the backdrop of the significant resource constraints in the fisheries arena and the country’s vision for its future economic development as described in the National Development Plan.

   

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References

Bibliography

Berkes, Colding and Folke Managing Small-Scale Fisheries

Berkes F, Colding J and Folke C Managing Small-Scale Fisheries: Alternative Directions and Methods (International Development Research Centre Ottawa 2001)

Branch 2002a S Afr J Mar Sci

Branch G et al "Case studies on the socio-economic characteristics and lifestyles of subsistence and informal fishers in South Africa" 2002 S Afr J Mar Sci 439-462

Branch 2002b S Afr J Mar Sci

Branch G et al "Defining fishers in the South African context: subsistence, artisanal and small-scale commercial sectors" 2002 S Afr J Mar Sci 475-487

Branch and Clark 2006 Marine Policy

Branch G and Clark B "Fish stocks and their management: The changing face of fisheries in South Africa" 2006 Marine Policy 3-17

Charles "Human Rights and Fishery Rights"

Charles A "Human Rights and Fishery Rights in Small-Scale Fisheries Management" in Pomeroy R and Andrew N (eds) Small-Scale Fisheries Management: Frameworks and Approaches for the Developing World (CABI Wallingford 2011) 59-74

Clark 2002 S Afr J Mar Sci

Clark B et al "Identification of subsistence fishers, fishing areas, resource use and activities along the South African coast" 2002 S Afr J Mar Sci 425-437

DAFF Status of the South African Marine Fisheries Resources

Department of Agriculture, Forestry and Fisheries Status of the South African Marine Fisheries Resources (DAFF Pretoria 2012)

Diemont "Marine Living Resources"

Diemont M "Marine Living Resources" in Glazewski J and Du Toit L (eds) Environmental Law in South Africa (LexisNexis Cape Town 2013) chapter 15

FAO International Guidelines

Food and Agricultural Organisation International Guidelines for Securing Sustainable Small-Scale Fisheries (FAO Rome 2012)

Glazewski Environmental Law

Glazewski J Environmental Law in South Africa 2nd ed (LexisNexis Durban 2005)

Harris 2002a S Afr J Mar Sci

Harris J et al "The process of developing a management system for subsistence fisheries in South Africa: recognising and formalising a marginalised fishing sector in South Africa" 2002 S Afr J Mar Sci 405-424

Harris 2002b S Afr J Mar Sci

Harris J et al "Recommendations for the management of subsistence fisheries in South Africa" 2002 S Afr J Mar Sci 503-523

Hauck and Hector "Towards Abalone and Rock Lobster Co-management"

Hauck M and Hector R "Towards Abalone and Rock Lobster Co-management in the Hangklip-Kleinmond Area" Hauck M and Sowman M (eds) Waves of Change: Coastal and Fisheries Co-management in South Africa (University of Cape Town Press Cape Town 2003) 247-268

Hauck and Sowman Waves of Change

Hauck M and Sowman M (eds) Waves of Change: Coastal and Fisheries Co-management in South Africa (University of Cape Town Press Cape Town 2003)

Hauzer, Dearden and Murray 2013 Marine Policy

Hauzer M, Dearden P and Murray G "The effectiveness of community-based governance of small-scale fisheries, Ngazidja Island, Comores" 2013 Marine Policy 346-354

Hersoug 2011 Maritime Studies

Hersoug B "Fishing rights to the right people? Management options in crowded small-scale fisheries" 2011 Maritime Studies 15-39

Isaacs 2006 Marine Policy

Isaacs M "Small-scale fisheries reform: Expectations, hopes and dreams of 'a better life for all'" 2006 Marine Policy 30-42

Isaacs 2012 Environmental Sustainability

Isaacs M "Recent progress in understanding small-scale fisheries in South Africa" 2012 Environmental Sustainability 338-343

Raemaekers 2011 Ocean and Coastal Management

Raemaekers S et al "Review of the causes of the rise of the illegal South African abalone fishery and consequent closure of the rights-based fishery" 2011 Ocean and Coastal Management 433-445

Schell Small-Scale Fisheries in South Africa

Schell N Small-Scale Fisheries in South Africa: Stakeholders' understanding and perceptions of co-management (MPhil-thesis UCT 2011)

Schumann and Macinko 2007 Marine Policy

Schumann S and Macinko S "Subsistence in coastal fisheries policy: What's in a word?" 2007 Marine Policy 706-718

Sowman 2006 Marine Policy

Sowman M "Subsistence and small-scale fisheries in South Arica: a ten year review" 2006 Marine Policy 60-73

Sowman 2011 Afr J Marine Sci

Sowman M "New perspectives in small-scale fisheries management: challenges and prospects for implementation in South Africa" 2011 Afr J Marine Sci 297-311

Sowman 2011 Environmental Management

Sowman M et al "Marine Protected Area management in South Africa: New policies, old paradigms" 2011 Environmental Management 573-583

Sowman, Hauck and Branch "Lessons Learned"

Sowman M, Hauck M and Branch G "Lessons Learned from Nine Coastal and Fisheries Co-management Case Studies" Hauck M and Sowman M (eds) Waves of Change: Coastal and Fisheries Co-management in South Africa (University of Cape Town Press Cape Town 2003) 320-328

Witbooi 2006 Marine Policy

Witbooi E "Law and fisheries reform: Legislative and policy developments in South African fisheries over the decade 1994-2004" 2006 Marine Policy 30-42

Witbooi 2002 Int J Mar Coast Law

Witbooi E "Subsistence fishing in South Africa: implementation of the Marine Living Resources Act" 2002 Int J Mar Coast Law 431-440

Register of case law

Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism 2004 4 SA 490 (CC)

Langklip See Produkte v Minister of Environmental Affairs and Tourism 1999 4 SA 734 (C)

New Foodcorp Holdings (Pty) Ltd v Minister of Agriculture, Forestry and Fisheries 2012 ZASCA 30

West Coast Rock Lobster Association v Minister of Environmental Affairs and Tourism 2010 ZASCA 114

Register of legislation

Marine Living Resources Act 18 of 1998

National Environmental Management: Integrated Coastal Management Act 39 of 2004

Register of government publications

Gen N 1582 in GG 20303 of 16 July 1999

Gen N 1771 in GG 22517 of 27 July 2001

Gen N 474 in GG 35455 of 20 June 2012

Gen N 396 in GG 36383 of 17 April 2013

Gen N 434 in GG 36413 of 25 April 2013

Gen N 472 in GG 36459 of 13 May 2013

Gen N 473 in GG 36460 of 14 May 2013

Gen N 942 in GG 36847 of 12 September 2013

Register of internet sources

DAFF Date Unknown www.nda.agric.za

Department of Agriculture, Forestry and Fisheries Date Unknown First Draft - Plain Language Summary of Small-Scale Fishing Policy www.nda.agric.za/doaDev/fisheries/02_news_notices/Plain_Language_Summary.pdf [date of use 8 Jul 2013]

National Planning Commission 2012 www.npconline.co.za

National Planning Commission 2012 National Development Plan www.npconline.co.za/pebble.asp?relid=25 [date of use 5 Jun 2013]

Published

17-05-2017

Issue

Section

Articles

How to Cite

Young, M. (2017). Achieving Equity in the Fishing Industry: The Fate of Informal Fishers in the Context of The Policy for the Small-Scale Fisheries Sector in South Africa. Potchefstroom Electronic Law Journal, 16(5), 287-326. https://doi.org/10.17159/1727-3781/2013/v16i5a2435

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