Govt challenging order to reduce rock lobster catch limit

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Govt challenging order to reduce rock lobster catch limit

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2018-10-30 10:09
Jenni Evans


Image
West Coast Lobster (WWF)

Holidaymakers hoping to splash out on a plate of West Coast rock lobster in December may have to choose something else to go with their sundowners as round two of a court battle over how much of the species may be caught looms.

This follows an application by the Department of Agriculture Forestry and Fisheries for leave to appeal a judgment in September which found that the total allowable catch (TAC) of 1 924.08 tons was too high.

World Wide Fund for Nature (WWF) spokesperson Andrea Weiss said the court granted leave to appeal, and the matter would be heard on December 11. This is shortly after the December to February season for catching the species opens.

In September the court found that keeping the TAC so high could endanger the survival of the species.

The department's view is that lowering the catch will bring financial ruin to small fishing communities who live on selling their catch.

"How are they going to feed themselves? There must be a balance between conserving marine species, but making sure at the same time you don't condemn people to hunger," department spokesperson Khaya Nkwanyana told News24 after the application for leave to appeal was made on Monday.

Current limit 'irrational, unlawful'

The department is appealing the September judgment that was in favour of the WWF's view that leaving the TAC that high could lead to the decimation of already dwindling numbers of the species, and leave nothing for future generations of fishermen.

The court ruled that the TAC of almost two tons for the 2017/18 season was "irrational, unlawful and inconsistent with the Constitution, the National Environmental Management Act and the Marine Living Resources Act".

It was also out of line with a long-term programme to reduce the TAC to help stocks grow again.

However, Nkwanyana said that Minister Senzeni Zokwana believes the department is correct in appealing the judgment as he wants to help small-scale fishers survive.

"The minister's decision was informed by the realities of South Africa, and of communities that he wants to benefit. It is for small-scale fisheries and coastal communities who need to be scaled up to have a higher percentage of the total catch so that in future they can develop to become established like the bigger companies," explained Nkwanyana.

He said there were small communities that depended on their rock lobster catch to survive and it was for this reason that the department wanted a chance to state its case more fully when it submitted its argument in the appeal.

TAC of 790 tons recommended

WWF's Weiss said that until the matter is settled, both parties had agreed to a court order on what to do in the interim.

The order was between WWF and the minister of agriculture, forestry and fisheries; the deputy director general of the fisheries management branch of the department; the rights holders in the West Coast rock lobster section and the South African Small Scale Fisheries Collective.

It states that the TAC would be what the scientific working group set on September 3 for the 2018/19 season.

Confirmation of what that is was not immediately available but in his judgment, Judge Owen Rogers noted that the scientific working group established by the department stated that unless poaching dropped significantly, the TAC should be reduced to 790 tons.

Costs will be argued and determined later.


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Re: Govt challenging order to reduce rock lobster catch limit

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This is all about ANC trying to get votes in the Western Cape. Tomorrow doesn't matter, and we hope the courts and the communities come to their senses. :evil:


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Re: Govt challenging order to reduce rock lobster catch limit

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Reducing the limit I am not so sure that they will get more votes. A lot of people are living off the lobsters :-?


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Re: Govt challenging order to reduce rock lobster catch limit

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Yes, the National Department wants to INCREASE the limit! :yes:


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Re: Govt challenging order to reduce rock lobster catch limit

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Sorry, I am afraid that I have jumped a few lines :o0ps: 0*\

It is going to be interesting what the result will be at the end O** In any case, sooner or later one way or the other no lobsters will be left, because if the catch gets reduced, they'll find a way.........poaching :evil:


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Re: Govt challenging order to reduce rock lobster catch limit

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:evil: :evil:


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Re: Govt challenging order to reduce rock lobster catch limit

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DAFF ignores science, wastes public funds in appealing High Court Rock Lobster ruling

BY LOUZEL LOMBARD STEYN - 24 OCTOBER 2018 - BULAWAYO24

Image

The Department of Agriculture, Forestry & Fisheries (DAFF) plans to appeal the recent Western Cape High Court ruling against fishing quotas for West Coast Rock Lobster thereby incurring further legal costs.

Last month, the Cape High Court ruled that the DAFF’s 2017/2018 TAC of 1 924 tons of lobster did not comply with the South African Constitution, the National Environmental Management Act and the Marine Living Resources Act. The court ruled in favour of the World Wide Fund for Nature South Africa (WWF-SA), and found that the DAFF failed to uphold its legal mandate of conserving marine resources.

If the rock lobster stock is allowed to be exploited any further, it risks becoming commercially extinct, leaving entire communities on the West Coast without this vital source of employment and seasonal income.

When asked about the cost of the legal appeal and who would be responsible for it, DAFF spokesperson Khaye Nkwanyana said he was “unable to comment on the cost of hiring lawyers”.

Conservationists have heralded the court ruling as a ‘historic’ win for marine protection.

Ignoring scientific advice

Scientific data suggest the Total Allowable Catch (TAC) should be less than 790 tons per year to allow for the rock lobster population – of less than 2% of its original, pre-fished stock size – to recover. The current quota of over 1 924 tons is more than 1 134 tons over this scientifically-approved ‘safe zone’.

Yet, according to Nkwanyana, the DAFF won’t be paying much attention to these scientific findings or the court ruling when determining the next season’s quotas in November this year. He says the DAFF will not “fall for the WWF push” to lower West Coast Rock Lobster fishing quotas.

According to WWF-SA, the court action was a ‘last resort’ for the NGO after attempting for several years to engage with the DAFF to lower the quota to save the declining marine resource, without success.

Significantly, the court found that when determining the TAC, the DAFF’s Deputy Director-General Siphokazi Ndudane failed to take into account the best available scientific evidence as required in terms of international law.

The High Court referred to the internal charge sheet against Ndudane, for a disciplinary hearing dated 3 September 2018 submitted as part of the WWF-SA’s case in an affidavit. The document alleges, among others, Ndudane’s involvement in 155 counts of fraud, 37 counts of theft, extortion, forgery, defeating the ends of justice, insubordination and that she signed fraudulent documentation pertaining to the West Coast Rock Lobster TAC.

Nkwanyana stated that Ndudane’s disciplinary hearing, the case has not yet been heard and that no date has been set to do so, in the meantime, Ndudane remains suspended on full pay.

‘Corruption and greed’

DA deputy minister for DAFF Pieter van Dalen says it is shocking that the High Court needed to be involved to force DAFF to fulfil their legal mandate to protect South Africa’s marine resources, and for them to disregard the ruling and incur further legal costs – which the South African public will pay – exposes that the Department’s “corruption rot goes right to the top”.

World-renowned marine conservation photographer Jean Tresfon, who has been monitoring West Coast marine life since 1990, says he has “definitely noticed a decrease in rock lobster stocks, and specifically in the bigger individuals. There are also more lobster fishing boats than ever, and on a single flight [over the West Coast]it’s possible to see hundreds of traps in the water.”

Hidden agenda

According to Van Dalen, the DAFF is knowingly overshooting the quotas to appease voters. He says the real “solution would be to assist the industry to practice sustainable aquaculture, which will then free up available TAC to distribute among fishing communities”.

Nkwanyana admits, however, that no aquaculture efforts have been implemented for West Coast Rock Lobster.

Beverley Schäfer, DA Chair for Economic Opportunities, Tourism & Agriculture, says this disconnect between what the DAFF claims to be a top priority, and what is really being done to help local fishing communities, speaks volumes. “Surely it is the mandate of the DAFF to heed scientific advice to ensure the sustainability of our marine resources moving forward? Why would the Department then appeal a scientific recommendation made to protect West Coast Rock Lobster in perpetuity?

“No South African will benefit from the fishing sector if there are no fish left in our oceans,” Schäfer says.

South Africa’s unique West Coast Rock Lobster resource has declined dramatically over the last 50 years as a result of overfishing to the point where it is approximately only 1.9% of its original, pre-fished stock-size thus the risk of West Coast Rock Lobster becoming commercially extinct is extremely high with dire socio-economic and ecological knock-on effects.

Read original article: https://bulawayo24.com/index-id-news-sc ... 48107.html


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Re: Govt challenging order to reduce rock lobster catch limit

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Oh yes, corruption also in the mix, obviously! :yes:


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Re: Govt challenging order to reduce rock lobster catch limit

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It always is, even when they forget to mention it O**


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Re: Govt challenging order to reduce rock lobster catch limit

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The West Coast Rock Lobster stock is a vital asset that needs to be rebuilt

By Kevern Cochrane• 4 November 2018
kevern-cochraie-rocklobster.pg_.jpg
Archive Photo: Crates of Rock Lobster are offloaded on the dock of Cape Town's Kalk Bay harbour, September 17, 2003. Picture taken September 1

For the moment, it seems that the future sustainability of the West Coast Rock Lobster is in the hands of the courts – a sad indictment on those in charge of the responsible management of our marine resources.

The announcement by the Department of Agriculture, Forestry and Fisheries (DAFF) on 2 November 2018 of the total allowable catch for the West Coast Rock Lobster fishery for the 2018/19 fishing season will be met with mixed feelings by all those affected by it. The total allowable catch for this iconic and socio-economically important fishery has been set at 1,084 tons, 43.6% less than the unsustainable 1,924.08 tons that were set by DAFF for the 2017/18 season in what was a widely condemned decision. On the one hand, the reduction for the coming season will result in substantial hardship for everyone dependent on this fishery for their livelihoods, including thousands of small-scale fishers who at present have few or no alternatives. DAFF and other government departments will need to work urgently with stakeholders to minimise the negative impacts.

On the other hand, the total allowable catch for West Coast Rock Lobster had been set by DAFF at unsustainable levels for the past two seasons, causing further depletion of a resource in an already critical condition, and threatening the future livelihoods of those engaged in the fishery. As a result of the failure to control illegal fishing on West Coast Rock Lobster and mismanagement by DAFF in setting unsustainable total allowable catches, the stock is severely depleted and is now at less than 1.9% of its pre-exploitation state. The fact that the department has finally chosen, or been forced by the courts, to take steps to reduce the decline and enable some recovery must be welcomed as a desperately needed positive step.

It would be premature, however, to assume that this announcement indicates that the minister and top leaders in DAFF have finally acknowledged their mistakes of the past, as consideration of events over the previous 12 months demonstrates. These start with the announcement on 10 November 2017 that the total allowable catch for the 2017/18 season would remain unchanged from the previous year at 1,924.08 tons. That decision was made despite the scientific recommendation for a substantial reduction and widespread warnings that failure to reduce the total allowable catch as advised would mean that the West Coast Rock Lobster resource would be subject to further over-exploitation and increased risk to its already precarious state.

In desperation and after many attempts to engage with DAFF, WWF took the matter to the court arguing for the determination of the 2017/2018 total allowable catch at 1924.08 tons to be set aside and for the total allowable catch for the 2018/2019 season and all future seasons to be set at levels that, on the basis of best available scientific evidence, encouraged the recovery of the resource and did not threaten its future status. It is telling that none of the approximately 600 West Coast Rock Lobster right holders opposed the court application. The Collective, an organisation that represents about 2,000 small-scale fishers, submitted an affidavit supporting WWF’s position, as well as calling for some reallocation of fishing rights.

The DAFF Minister, Senzeni Zokwana, and the DDG opposed the application. A noteworthy feature of the answering affidavit filed on their behalf is that the large majority of senior managers in the Fisheries Branch that were consulted had supported a significant reduction in the total allowable catch. No one else supported the decision taken in 2017 by the DDG, Siphokazi Ndudane, to keep the total allowable catch unchanged.

On 26 September 2018, Judge Rogers handed down a judgment in the case that is likely to set a precedent, not just for fisheries management in South Africa but for management of the use of natural resources in the country in general. He found no overall merit in any of the DDG’s reasons in support of her declaration of the 2017/18 total allowable catch at 1,924.08 tons, which was very much higher than the scientific recommendation. Judge Rogers held that the DDG’s decision was irrational and contrary to the principles of administrative law, violated the Constitution and the relevant national environmental and fisheries law and was therefore invalid. The judgment emphasised that the Constitution requires that the environment must be protected for present and future generations and also stressed that “expert scientific analysis is crucial in understanding the sustainability of a marine resource”. These same principles, Judge Rogers declared, need to be followed in future total allowable catch decisions.

The minister and DAFF did not see the judgment in a positive light and the State Attorney and its legal counsel were promptly fired. In an unusual step, B Xulu & Partners Inc., attorneys from the private sector, were appointed in the place of the State Attorney and an application to appeal the whole of the judgment has now been filed on behalf of the Minister and the DDG, which will be heard on 11 December 2018.

In an online News24 article published on 30 October, a spokesperson for DAFF explained that the minister is appealing the decision because “he wants to help small-scale fishers survive”. The well-being of the small-scale fishers is, without doubt, of major concern but if the minister is serious about looking after these fishers, he must ensure that the West Coast Rock Lobster resource does not collapse, otherwise there will be nothing to allocate.

To do this, there are three things that the minister must do.

First, he needs to ensure that the total allowable catch is set at a sustainable level in accordance with the scientific advice, as has now been done for the forthcoming season at least.

Second, urgent steps must be taken to tackle the high levels of illegal fishing of West Coast Rock Lobster.

Third, the minister must implement urgently the Policy for the Small Scale Fisheries Sector in South Africa. That policy has sustainable utilisation as a foundation and looks to a wide-ranging strategy to assist the small-scale fishers.

Without these three steps and by simply maintaining the total allowable catch at an unsustainable level, as had been done in previous years, DAFF was just offering those fishers a licence to continue to over-exploit and thereby to exhaust the very resource that is so important to their livelihoods. As Judge Rogers stated in his judgment, the alleviation of poverty cannot be interpreted as “allowing the short-term provision of a dwindling income to a dwindling number of fishers competing for a dwindling rock lobster population”.

The total allowable catch decision for the coming 2018/2019 season has been significantly reduced in line with the scientific recommendations, which is what WWF and other stakeholders have been seeking. One could be optimistic and think that the minister and the DDG have learned from this experience and now recognise the importance of sustainable use of our fisheries resources in accordance with legislation and international best practice, and will in future heed the advice from the Department’s own scientists and managers. However, the fact that DAFF is still going ahead with an appeal on the whole judgment suggests that any optimism that scientific recommendations will be heeded in future is premature.

It seems for the moment that the future sustainability of West Coast Rock Lobster is now in the hands of the courts – a sad indictment on those responsible for the responsible management of our marine resources. The situation needs to be watched carefully and it can only be hoped that the application for leave to appeal will fail and that the judgment will be upheld and continue to be implemented.

This will put an end to the recent short-sighted and destructive decisions of the minister and the DDG and ensure that the West Coast Rock Lobster stock, a vital national asset, is rebuilt. The nation needs the West Coast Rock Lobster and other fish stocks to be sustainably managed now and in the future. DM

Kevern Cochrane is at the Department of Ichthyology and Fisheries Science, Rhodes University and previously a Director in the Fisheries and Aquaculture Department of the UN Food and Agriculture Organization, Rome, Italy.


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