The outcome of the ANCs long-awaited KwaZulu-Natal conference was a win for the Thuma Mina crowd. (Delwyn Verasamy/M&G)
The sustainability of South Africa’s fishing resources as well as their availability to the broader populace, especially those who have been deprived this resources in the past, are at the heart of the recent proposed amendments to the Marine Living Resources Act currently serving before Parliament.
The cabinet has approved these amendments in an attempt to empower the minister of agriculture, forestry and fisheries to allocate small-scale fishing rights and substantially transform the industry.
The fisheries management branch has put together some fast facts about the key amendments to the Marine Living Resources Act that are before Parliament. They are summarised below.
Urgency
The urgency to pass this amendment is because the current Act does not recognise small-scale fishing.
The amendents recognise small-scale fishers and allow legal access for fishing communities that were previously disadvantaged and excluded from the commercial fishing rights allocation process.
In the current set-up, small-scale fishing communities are still largely prejudiced — they simply do not receive any fishing rights, which results in abject poverty and food insecurity.
Definitions
The amendments insert the definitions of “small-scale fisher”, “small-scale fishing community” and “small-scale fishing community area”.
These definitions are required to identify, verify and register small-scale fishers and small-scale fishing communities.
The definitions are as follows: “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 traditionally operate in near-shore fishing grounds; predominantly employ traditional low technology or passive fishing gear; undertake single day fishing trips; and are engaged in consumption, barter or sale of fish or otherwise involved in commercial activity, all within the small-scale fisheries sector.
“Small-scale fishing” must be interpreted accordingly.
“Small-scale fisheries sector” means that sector of fishers who engage in small-scale fishing.
“Small-scale fishing community” means a group of persons who are, or historically have been, small-scale fishers; have shared aspirations and historical interests or rights in small-scale fishing; 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 who regard themselves as a small-scale fishing community.
Co-operatives
The amendments to section 1 also add the definition of “South African person” to a co-operative registered in terms of the Co-operatives Act 14 of 2005.
All the members of the co-operative are South African citizens but if a member is a juristic person, that person’s principal place of business must be in South Africa.
This will enable small-scale fishers to access the benefits and support of the department of trade and industry to co-operatives.
“Subsistence” becomes “small-scale”
All references to the word “subsistence” in the Act will be deleted and replaced with the word “small-scale”. This will entrench small-scale fisheries in the fisheries management systems.
New principles
Three new principles and objectives that will guide the interpretation, administration and implementation of the policy will be added to the Act.
This will ensure that, first, decision makers have due regard to the need to promote marginalised groups such as women and youth.
Second, it will highlight the importance of food security, socio-economic development and the alleviation of poverty and, third, it recognises the allocation of a basket of species as opposed to single species allocations.
Management
Section 19 of the Act will be replaced. This section deals with the management of the small-scale fisheries sector.
It determines 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.