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Symposium on IUU Fishing in Southern African Waters & Beyond:   Prevention And Law Enforcement Constraints & Opportunities: Enforcing South African Fisheries Laws. W: www.feike.co.za B: Feikemanagement.blogspot.com T: @feikemanagement. My Argument… In an Abalone Shell.

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w www feike co za b feikemanagement blogspot com t @feikemanagement

Symposium on IUU Fishing in Southern African Waters & Beyond:  

Prevention And Law Enforcement

Constraints & Opportunities: Enforcing South African Fisheries Laws

W: www.feike.co.za

B:Feikemanagement.blogspot.com

T: @feikemanagement

my argument in an abalone shell
My Argument… In an Abalone Shell
  • Fisheries compliance in SA today is in meltdown
  • There is no definitive enforcement policy or strategy for M&E purposes.
  • On 19 February 2013, Fisheries Dept reported to Parliament that –

“The offshore fisheries and the EEZ are not being patrolled. We therefore cannot determine whether any IUU fishing is taking place”.

  • SA’s fleet of patrol vessels and RIB’s are inoperative & have been so since 1 April 2012
  • No fisheries observer programme either
  • A shore-based monitoring programme with significant shortcomings
  • Arrest but without the follow-through
my argument on the ve side
My Argument… on the +ve Side
  • The Fisheries Department’s Special Investigations Unit
  • The City of Cape Town’s Marine Law Enforcement Unit
  • Table Mountain National Parks Marine Protected Area Management Unit
the fixer an opportunity for fisheries
The Fixer: An Opportunity for Fisheries
  • Schedule 4 (Part A) of the Constitution:

Marine resource management vests exclusively in national government (DAFF)

  • Both the MLRA and precedent support devolution of enforcement authority
  • MLRA – section 78

“The Minister may assign the administration of any provision of this Act to the executive authority of a province.”

  • History – Operation Trident (we need a clear & coherent compliance & enforcement strategy) –
    • Green Courts (the cases of Marx and Ross)
    • National, Provincial and local enforcement co-ordination (the case of abalone & lobster outside of the City of Cape Town)
    • Partnerships with NGO’s and fishing communities
    • A strong DAFF - we need boats at sea, FCO’s on the beat (not until 4pm) and an expanded SIU (the Case of Hout Bay Fishing Industries)