Response to Covid-19 Challenges in Fisheries Management: Small-Scale Stakeholders' Inputs

1. PORTFOLIO COMMITTEE ON ENVIRONMENT, FORESTRY AND FISHERIES 02 SEPTEMBER 2020 FISHERIES MANANGEMENT BRANCH RESPONSES TO INPUTS MADE BY SMALL- SCALE and COMMERCIAL STAKEHOLDERS

2. FISHERIES MANANGEMENT BRANCH RESPONSES TO INPUTS MADE BY SMALL-SCALE STAKEHOLDERS

3. Covid-19 Challenges Issue Response When is the Minister publishing the Covid- 19, level 3 regulations? Directions regarding measures to Address, Prevent and Combat the Spread of COVID-19 relating to the Freshwater and Marine Fishing Sectors under Alert Level 3 were gazetted on 05 June 2020. This was done on the day following the Portfolio Committee Directions were circulated to all fisheries stakeholders and Departmental Websites. Meeting and the posted on the 1 3

4. Covid-19 Challenges Issue Response The Department engaged with various partners to support small-scale fishing communities through interventions. Request for the provisioning of PPE to small-scale fishers. various The Department received a donation of 4800 masks that were distributed to fishing communities. Various platforms were used by the relevant District, Local, Provincial and National Departments to promote and educate the public and create awareness on Coronavirus and social distancing. Information available is offered in multiple languages of choice with audio and visuals. Proper explaining of social distancing and lockdown regulations needs to take place to fishers as many are unfortunately illiterate. 2 4

5. Covid-19 Challenges Issue Response Pamphlets about Covid19 regulations are in English and cannot understood by Afrikaans communities in the Northern Cape and the West Coast. The South African COVID-19 Corona Virus Resource Portal (sacoronavirus.co.za) has educational material on how to fight COVID-19 with facts (Afrikaans translation) in IsiZulu, IsiXhosa, SeSotho & Afrikaans. be properly speaking The official SA Coronavirus WhatsApp Support line is now also available in IsiZulu, IsiXhosa, SeSotho & Afrikaans. Additional resources in Afrikaans can be sourced on the Provincial Corona Website at https://coronavirus.westerncape.gov.za/r esources 3 5

6. Covid-19 Challenges Issue Response Government has issued permits to some KwaZulu-Natal fishers, permit for the whole cooperative, which goes to the Chairperson. The Department had to accelerate the granting of fishing rights to the 35 small- scale fishing co-operatives in KwaZulu- Natal before the start of the National Lockdown. but only one The instruction is then the Chair must make photocopies for members. Under lockdown these fishers cannot afford photocopies or access to such facilities. A further round of fishing rights were issued to 29 small-scale communities in KZN on 26 March 2020. 4 6

7. Covid-19 Challenges Issue Response Support to small-scale fishers during lockdown The Department issued a Public Notice, which indicated that small-scale fishing co-operatives that were recently allocated fishing rights were granted exemptions in terms of Section 81 of the Marine Living Resources Act, Act no. 18 of 1998 (MLRA), from a requirement of being in possession of a valid permit as per Section 13 of the MLRA. The Department also processed & issued, a Disaster Management Act Form 1: Permission to conduct essential services, required in terms of the lockdown regulations that categorized commercial and small-scale fishing as essential services. 5 7

8. Covid-19 Challenges Support to small-scale fishers during lockdown Due to lockdown restrictions on travel, the Department arranged for satellite offices to assist cooperatives with making copies in addition to sending the documents via email addresses, cellphones and WhatsApps as provided by the co-operatives. 8

9. Covid-19 Challenges Issue Response A request was made that the West Coast Rock Lobster season be extended to September due to the extension of the lockdown. The WCRL fishing season in Areas 1 to 7 was extended from March to June. Area 8+ was extended from March to June for nearshore and from July to September for offshore WCRL. Extension beyond the said months would have negative impact on the status of the resource as the females would be in berry beyond these months. 7 9

10. Legislation, Permitting and Rights Issue Response Of the 22 600 people who applied to be small-scale fishers, only 43% received rights. The recognition of small-scale fishers is guided by: • The Marine Living Resource Amendment Act, 2014 (Act no 5 of 2014); • The Marine Living Resources Act, 18 of 1998 (as amended) • The Small-Scale Fishing Regulations; • Regulations promulgated under the MLRA; • The Small-Scale Fishing Policy; A set of criteria were agreed on by Masifundise Development Trust and all the other community representatives who participated in the drafting of the small- scale fisheries policy. 8 10

11. Legislation, Permitting and Rights Response Issue Of the 22 600 people who applied to be small-scale fishers, only 43% received rights. In addition to the total of 11 020 small-scale fishers, operatives in the Northern Cape, Eastern Cape and KwaZulu-Natal have further added 1235 fishers who are currently allowed to fish under the granted rights even though they are not members of the co-operatives yet. declared fishing small-scale co- After two fishing seasons, each co-operative will be able to verify potential members for the delegated authority to declare them as small- scale fishers before they can be formal members of the small-scale operatives with fishing rights. fishing co- The Western Cape lists are being audited. 9 11

12. Legislation, Permitting and Rights Issue Response In KwaZulu-Natal licenses and fishing permits translated into isiZulu, which means that many fishers do not properly understand permit conditions. Considering that fishing rights were only granted on 26 March 2020 before the National Lockdown, Grant of Right Letters were issued in English. are not their At Alert Level 2 that allows inter-provincial travel, the Department had sent a team to visit all the co-operatives allocated fishing rights in KwaZulu-Natal to explain their Grant of Right Letters and related information. Additionally, the Department has weekly engagements with the co-operatives in KwaZulu-Natal via WhatsApp chats where information is translated and shared with the board of Directors of all the co-operatives. The Department is working on translating all the necessary information into the local languages. 10 12

13. Legislation, Permitting and Rights Issue Response Rights of inland fishers. The Department has started the process of formalizing the sector through the development of a policy that aims to ensure the sustainable development of the inland fisheries sector. An currently underway. The draft policy was presented at the Minister and Members of Executive Council (MINMEC) meeting on 12 June 2020 where it was approved for tabling at National Development and (NEDLAC). extensive consultative process is Economic Council Labour 11 13

14. Legislation, Permitting and Rights Issue Response Inland Fishing Policy. The objectives of the policy are: 1. Developmental Fisheries Governance Institutions 2. Equity and Transformation 3. Growing Inland Fisheries Value Chains 4. Sustainable Fisheries Management 5. Co-management 6. Institutional Arrangements 7. Legislation 8. Public Sector Organisational Capacity 9. Trained Officials and Resource Users 12 14

15. Legislation, Permitting and Rights Issue Response May officials from the sea and rescue services permits and implement decisions for the Department? Issuing and granting of fishing rights, licenses and permits is a delegated function in terms of the Marine Living Resources Act as per the discretion of the Minister of the Environment, Forestry and Fisheries. Currently, the delegations to issue rights, licenses and permits have been assigned by the Minister to the specific Department Officials. issue fishing These delegations are reviewed by the Minister as and when necessary. Currently officials from the Sea and Rescue services are not authorized to issue fishing permits or act on behalf of the department. The Department agrees that capacity needs to be bolstered for the small-scale fishers to be optimally supported. The Department has requested assistance from the Department of Small Business Development in this regard. Institutional capacity needs to be built and small-scale fishers need to be optimally placed, and not remain at the bottom of the value chain. 13 15

16. Legislation, Permitting and Rights Issue Response The Department received a number of nominations in response to the gazette notice calling for nominations to the Consultative Advisory Forum. A number of applicants were consideration. It was also decided to headhunt additional members in order to ensure representivity of the entire fishing sector. What has happened to the consultative advisory forum that was to be set up and who informs the Minister about the small- scale fisheries programme. shortlisted for 14 16

17. Legislation, Permitting and Rights Issue Response Small-scale fishers have not received recognition under the MLRA. The MLRA was amended in 2014 to formalize the small- scale fisheries sector in SA in line with the requirements of the Small-Scale Fisheries Policy (2012). One of the amendments included the removal of “Subsistence fishing” as a category of a fishery. This was replaced by “Small-Scale fishing” which, in its definition, is inclusive of fishing activities for own consumption. Small-scale recognized subsistence fishers are not. fishers are and Small-scale fishers are “persons that fish to meet food and basic livelihood needs, or are directly involved in harvesting/ processing or marketing of fish, traditionally operate on or near shore fishing grounds, predominantly employ traditional low technology or passive fishing gear, usually undertake single day fishing trips, and are engaged in the sale or barter or are involved in commercial activity” (Small-Scale Fisheries Policy, 2012). Subsistence fishers need to be accommodated under the MLRA. 15

18. Legislation, Permitting and Rights Issue Response We have a recent problem of battling to get snoek in the basket, as fishers say government is not coming to the table. This is a food source that can address hunger etc, but government doesn’t recognise this (Masifundise) Fishers do have access to Snoek. Snoek is part of the basket of species for small-scale fishers. During Alert Level 5 the Department worked with the Tourism – Identified accommodation establishments on the West Coast to accommodate small-scale travelling from distant areas. Department of fishers South Authority (SAMSA) – were engaged to shorten the business process with regards to issuing of the necessary and required Local Certificate for fishing vessels. African Maritime Safety General Safety 16

19. Legislation, Permitting and Rights Issue Response We have a recent problem of battling to get snoek in the basket, as fishers say government is not coming to the table. This is a food source that can address hunger etc, but government doesn’t recognise this (Masifundise) Fish Processing Establishments (FPE) – Licenced FPEs were engaged and encouraged to buy fish directly from the small-scale and traditional linefishers when they land their catch during the Lockdown period. Municipalities – Relevant municipalities along the West Coast were engaged to speedily issue trading permits to fishers, langanas and vlekkers. Law Enforcement Agencies – were engaged to assist the Department both en route to and within the fishing harbours where there is increased activities as a result of the Snoek run to ensure that that all right holders comply with the Disaster Management Acts and amended Regulations. 17

20. Legislation, Permitting and Rights Issue Response We have been around for 160 years and we subsistence generation to generation. Because former president thought poor people should not enter the harbor to fish (Durban harbor), we took it to the courts – and although it took 10 years, we won. We are now recognized as subsistence fishers by Transnet and allowed to fish on the Durban beach front, and members (Mr D’Sa - KwaZulu – Natal Subsistence Forum). All fishing communities that wanted to participate in the small-scale fisheries program had to sign the expression of interest, the process was open from 28 February 2015 up until end of June 2016. have been from fishers George Bush All fishing communities that signed the expression of interest were visited, interviews and applications were received, and based on the criteria, and applications were assessed, including 5 communities from Durban, namely: Mgababa, Isiphingo, Meerebank, Crossmoore and Clairwood. All those who were provisionally unsuccessful were given 30 days to appeal. Based on information provided, all appeals were assessed and a decision was taken. have 12000 Fishermen Declared small-scale fishers were trained and mobilized into small-scale co-operatives and they were assisted to apply for Small-scale fishing rights. All co-operatives were issued with small-scale fishing rights and were exempted to fish during lockdown 18

21. Access and Safety Issue Response Fishers in eThekwini rely on public transport such as trains to access the coast - can government look at subsidizing their transport. The subsidies in any form to fishers. Department does not provide According to Masifundise, fishers have been shot at and killed by park rangers when they try to access Marine Protected Areas – Mr Jaffer did say that information would be provided to the PC The Department will only be able to respond once the details have been provided by Masifundise. People living next to MPA’s cannot access them; even if their catch wanders into an MPA they cannot follow it because they will be fined. Depending on the form and nature of the MPA, fishing in MPAs may be prohibited in some but allowed in others 19 21

22. Services of the Department Issue Response Customer service personnel and fisheries officials are rude accommodate small-scale fishers. Service that is sub-standard should be reported to the head of the Customer Service Center. and do not 20 22

23. FISHERIES MANAGEMENT BRANCH RESPONSES TO INPUTS MADE BY THE FISHING INDUSTRY

24. Aquaculture Issue Response In the abalone fishery a major challenge is that the main market for our produce is in Asia. Can government look at ways of making abalone more easily marketable and legally available in local restaurants, in order to counter the fishery’s over- reliance on export to foreign markets? Companies can currently sell farmed abalone on the local market if an exemption has been granted to them. However, the Department is looking at measures to reduce the administrative requirements for restaurants and retailers to market and sell abalone while ensuring that the initiative does not compromise efforts to reduce illegal harvesting of wild abalone stock. The Department has engaged with the abalone sector around developing further awareness material for the local and international markets. marketing and 1 24

25. Aquaculture Issue Response What employment opportunities can the aquaculture unemployed youth and women? The aquaculture sector currently employs around 32% females and an average of 30% youth which is set to increase as the value chain and sector is expanded. sector offer to In opportunities, management representation of women and youth in the sector, the DEFF has developed a transformation strategy and a small-scale aquaculture concept and implementation plan. order to maximise increase employment ownership and 2 25

26. Aquaculture Issue Response What employment opportunities can the aquaculture sector offer to unemployed women? The DEFF has engaged with the Department of Trade, Industry and Competition incentivize participation by the aforementioned groups and a skills and needs analysis has already identified in key areas for intervention. (DTIC) to youth and Employment opportunities range from unskilled and semi-skilled job opportunities to skilled employment in a variety of fields ranging from biology, research, engineering, marketing and aquatic veterinary, amongst others. business, 3 26

27. Aquaculture Issue Response The Department has already initiated a pilot project in Hamburg, Eastern Cape as well as provided support to numerous SMME new entrants into the newly established Saldanha Bay Aquaculture Development Zone. It is also looking to pilot trout cage culture in the Vanderkloof Dam and tilapia culture in Limpopo. These are just some of the initiatives underway. What kind of pilot projects can we as government introduce aquaculture projects into peri-urban and rural communities? to encourage 4 27

28. Aquaculture Issue Response Can small-scale fishers be absorbed into existing aquaculture projects, in order to deal with the over-subscription in the small scale and subsistence fisheries? The Department is looking at various value chain opportunities communities, especially cooperatives. Because of high capital inputs and delayed investment, not cooperatives are aquaculture farmers. However, there are overlaps in terms of value chains and markets that should be explored and developed. for small-scale local returns small-scale to become on all keen The Department has also developed a small-scale aquaculture programme that will improve the participation of small- scale producers to be part of the aquaculture sector. 5 28

29. Aquaculture Issue Response As with many sectors, funding for start-up and new entrants remains a challenge in the industry which impacts on transformation of the sector. Many of these challenges we are aiming to address in the Draft Aquaculture Development Bill. The DEFF is engaging the Department of Small Business Development to ascertain how further support can be provided to new entrants into the sector through mentorship, training and incubation. What is it that we are not doing to grow our domestic aquaculture industry and make it attractive? The DEFF is currently providing aquaculture training, mentorship, extension support and fingerlings Aquaculture Technology Demonstration Centre (GATDC) located near Gariep Dam in the Free State Province. However, if one follows the success of countries such as China, more research and demonstration centres are required to support new entrants into the sector in all the provinces. The DEFF has done feasibility studies on such facilities for the Northern Cape and Eastern Cape, but is still sourcing funding and unpacking the ownership and implementation model to ensure they are sustainable and effective. 6 through the Gariep 29

30. Aquaculture Issue Response Is aquaculture viable in an area where there is no sea, like Gauteng? How best can young black farmers be assisted and empowered in this sector? Yes, but aquaculture requires a good quality and affordable freshwater source. Various technical and advisory services are currently offered by the DEFF to new entrants. Various guidelines and feasibility studies are available for each specie to inform new entrants and potential funders planning to enter the sector. Training is offered by the Aquaculture Technical Development Centre (ATDC) at Gariep Dam and a brochure is available on all skills training provided by providers. Please refer to the response above. various service 7 30

31. Aquaculture Issue Response It would help if aquaculture was treated as its own productive sector in the legislation. The Department agrees with this view, hence the Aquaculture Development Bill was drafted to manage the sector in a cohesive and sustainable manner, while ensuring the provision of development support. 8 31

32. Commercial Fisheries Issue Response Key fisheries in decline (WCRL, abalone, small demersal sharks) WCRL fishery resources are at an unsafe level, and DEFF had a strategy to protect this resource, but this has not carried over to the current period. Similarly, the abalone fishery continues to decline year on year, with very little action taken The setting of the 2019/20 West Coast Rock Lobster (WCRL) and Abalone Total Allowable Catches (TAC) were based on scientific recommendations. For WCRL, an updated assessment was used for the 2018/19 season and refined for the 2019/20 season. pelagics, The Department continues to emphasise the importance of proper objectives and transparent scientific decision- making processes. Sustainable underpinned and informed by an environmentally literate society, scientific evidence accessible, clear, relevant and reliable for policy-makers. development is only possible if it is that is more available, 9 32

33. Commercial Fisheries Issue Response Small pelagics – sardine stocks have essentially crashed, anchovies are moving eastwards, and TAC levels do not consider the environmental requirements in relation to predator species The small pelagic resources continue to be monitored regularly, and management measures are continually being adapted and updated in response to changes in the stocks, including the current low levels of the sardine stocks and the current high levels of the anchovy stock. There is no evidence to suggest an eastwards shift in the anchovy stock, although such a shift has been known for many years in the sardine resource. This eastward shift in the sardine resource, together with consideration of the importance of the West Coast stock (both for replenishment of the sardine resource and as food for predators) is taken into account in the management of the sardine resource, which is why only a certain proportion of the sardine TAC may be caught on the West Coast. 10 33

34. Commercial Fisheries Issue Response Fisheries are continuously monitored and if the need arises, Permit Conditions are amended annually to take in to account new management measures to ensure sustainable harvesting of fisheries resources. The longline shark fishery needs more scrutiny in terms management. demersal and of its Stock assessments were conducted on the two most commercially valuable demersal shark species, Soupfin and Smoothound Sharks. Right Holders in the Demersal Shark Longline sector were consulted earlier in 2020 with regards to the amendments in the management measures of the sector pertaining to slot limits and the introduction of the mandatory scientific observer program. 11

35. Commercial Fisheries Issue Response As of the 1st June 2020, Permit Conditions were amended and right Holders are no longer allowed to land Soupfin sharks, Smoothhound sharks and Requiem sharks outside of the slot limit from 70cm to 130cm total length. Right Holders are now required to carry one or more Fisheries Observers on their fishing trips at least on a minimum of one trip per quarter (every 4 months). The longline shark fishery needs more scrutiny in terms management. demersal and of its Implementation of this management measure was initially voluntary. The revised Permit Conditions also contain several best practices on how to handle and release captured sharks that are above and below the slot limits to ensure survival of those sharks that are caught incidentally. 12 35

36. Commercial Fisheries Issue Response Capacity issues – despite number of small-scale fishers, permanent departmental supporting the sector. Similarly scale-scale fishing cooperatives need mentors. The Directorate Small-scale Fisheries is the youngest and newest Directorate in the Branch and is not yet at fully capacity in terms of the requirements of the newly established Small-scale fisheries sector. It is envisaged that over time, capacity will be bolstered to improve and render a better service to the fishing communities. only about eight officials 13 36

37. Commercial Fisheries Issue Response Human capacity continues to remain a challenge within the Fisheries Departmental working hours are Monday to Friday, from 07h00 until 15h30. Fisheries Compliance Officers work overtime during special operations or where arrangements have been made to operate outsides of normal office hours for the monitoring compliance and landing of catch. There are not sufficient Compliance Officers to allow for shift work on a 24/7 basis. Recently, in response to the covid-19 epidemic and collapse of the Chinese markets, the abalone and the West Coast Rock Lobster sectors were granted permission to land their catches over weekends. DEFF hours are unrealistic and need to be addressed. fishery branch’s office Branch. The official 14 37

38. Commercial Fisheries Issue Response Every effort is made to ensure that the research, which informs management decisions, is transparent. This is done through participation in the Branch’s Scientific Working Groups by representatives of the relevant fishing sectors, NGOs, Higher Education Institutions, independent research organisations, and others. All research materials are made publically available as soon as the Branch is able to do so. The Branch publishes the “Status of the South African Marine Fishery Resources Report” which provides background to, and updates on, the research being undertaken as well as on the status of the fish resources. New aspects of the fish stock assessment methods and analyses which are undertaken are subjected to independent international peer review each year. Interested parties are always encouraged to attend, and the reports from these review panels are made publically available. With regards to TAC and catch quotas, lack of transparent research affects our fisheries reputation. and their 15 38

39. Commercial Fisheries Issue Response It disadvantaged people brought into the sector are supported and capacitated. More women need to be supported in the industry as gender transformation is important. is important that previously Previously disadvantaged individuals are positively considered during allocation processes and there has been an initiation of support programs for the small-scale fisheries sector with additional support programs planned. 16 39

40. Commercial Fisheries Issue Response I impression that the department is focusing on industry the small scale fishers but do not mention subsistence fishers, is this because are not covered by the MLRA? get the The Marine Living Resources Act was amended in 2014 to formalize the Small-scale fisheries sector in South Africa in line with the requirements of the Small-Scale Fisheries Policy (2012). The Policy and the amendments to the Act were drafted in in consultation with fisheries stakeholders. One of the amendments included the removal of “Subsistence fishing” as a category of a fishery and replaced it with “Small-Scale Fishery” which, in its definition, was inclusive of subsistence fishing. The amendment allows them to fish for own consumption and further expanded the scope of the subsistence fishers to allow them to trade commercially. and they Small-scale fishers are “persons that fish to meet food and basic livelihood needs, or are directly involved in harvesting/ processing or marketing of fish, traditionally operate on or near shore fishing grounds, predominantly employ traditional low technology or passive fishing gear, usually undertake single day fishing trips, and are engaged in the sale or barter or are involved in commercial activity” (Small-Scale Fisheries Policy, 2012). 17

41. Commercial Fisheries Issue Response An Fisheries branch was diagnosed with Covid – 19. Was frontline assisting stakeholders? further precautions are being taken in the department? official in the The Official referred to was responsible for at-sea fisheries monitoring and compliance and the infection symptoms were identified during a pre-trip screening. She has unfortunately passed away from Covid-19. this employee fisheries What The Department of Public Service and Administration (DPSA) has issued numerous Circulars, the latest being Circular No 18 of 2020, to the entire Public Service that details necessary measures which National and Provincial Departments ought to implement to ensure the containment and management of the COVID-19 in the Public Service. Currently the Fisheries Brach is compliant with all the occupational Health and Safety requirements as prescribed by the Department of Public Service and Administration. 18

42. Commercial Fisheries Issue Response Does the Minister intend to propose tabling amendments to the MLRA to, amongst other things, category of subsistence fishers, if so, by when and if not, why not? The acting DDG on fisheries did say that after the Act was promulgated in 1998, there was minor amendments in 2015, 17 years later. The department intends conducting a comprehensive review of the Marine Living Resources Act, commencing in the 2021/2022 financial year. It is premature to predict whether the amendments will include a re-introduction of the definition of subsistence fisher. include the 19 42

43. THANK YOU! Fisheries Management Branch 21 43