Title DRAFT COMMENTS AND RESPONSES REPORT FOR THE FIRST DRAFT NATIONAL FRESHWATER (INLAND) WILD CAPTURE FISHERIES POLICY (PREVIOUSLY TITLED NATIONAL INLAND FISHERIES POLICY) Circulation: Public Document Compiled by: Chief Directorate: Aquaculture and Economic Development Public Consultations: First Round Enquiries: Tel.: 021 402 3116/078 591 1865 Email: [email protected]/[email protected]a Purpose: To provide preliminary feedback on the Department’s response to inputs received during the first round of consultations in order to allow the stakeholders an opportunity to provide further inputs; and to highlight the impact of the inputs received during the first round of public consultations on the second draft of the policy. 1
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· Web viewNcumisa Matam: Currently conducting research regarding inland fisheries in the community of Pikoli and working together with DAFF. DAFF should work together with the
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Title DRAFT COMMENTS AND RESPONSES REPORT FOR THE FIRST DRAFT NATIONAL FRESHWATER (INLAND) WILD CAPTURE FISHERIES POLICY (PREVIOUSLY TITLED NATIONAL INLAND FISHERIES POLICY)
Circulation: Public Document Compiled by: Chief Directorate: Aquaculture and Economic Development
Public Consultations:
First Round Enquiries: Tel.: 021 402 3116/078 591 1865
improving knowledge and the basic nutritional need is important for low income
houses.
A suggested definition
for recreational fisher to
be provided and it must
not overlap with a
subsistence fisher.
The definition of
recreational fisher will
be considered as
proposed.
To contact Ms Ncumisa
Matam for proposed
definition for recreational
fisher
Themba Njoli: Community members are denied access to the public beaches by
private property owners and as a result the community members are unable to
carry out their traditional and customary practices.
The matter will be
referred to the relevant
officials within the
Department of
Environmental Affairs.
However, in terms of
54
the Integrated Coastal
Management Act
reasonable access to
the coast may not be
denied.
Customary and
traditional practices
within inland water
bodies will be
recognised by the
policy.
Themba Njoli: The statement that indicates that ecological risk is low is flawed.
There are water quality issues and the ecological risk is high e.g. Vanderkloof
dam.
The statement as
articulated in the policy
is correct: “Where the
ecological risk is low,
for example, fishing that
targets alien species or
in altered environments
such as dams which do
contains species of
biodiversity concern,
social and economic
criteria will primarily
determine the
55
recommended level of
fishing effort”. Evidence
relevant to South Africa
should be provided.
Themba Njoli: There is a statement in the policy that states: Most small scale
fisheries are not subject to active management, what is meant by this statement.
The statement is confusing and raises a concern.
The statement means
that currently there is
no policy in place to
regulate the sector and
the monitoring of what
is being caught does
not take place. The
sector is not regulated
as it should, the only
permit that can be
issued in certain cases
is permit to undertake
recreational fishing and
in some instances no
permits are issued and
the activity is seen as
unlawful.
Themba Njoli: The income generated from the permitting fee should benefit the
user groups and the fund should not be similar to the Marine Living Resources
Fund.
The permit fees will,
amongst other things,
be used for the
56
management of the
sector and ultimately to
the benefit of the
resource users.
A single national licence/permitting structure is required and should apply across
all the user groups.
The policy seeks to
align and harmonise
the permitting system
throughout the country.
The licencing/permitting system should be made available via the internet and
via a cell phone application and not the post office as it is not available after
hours
Permitting system will
be investigated and the
details of the permitting
system will be
highlighted in the policy
implementation plan.
Licence fees should consider individuals from low income houses. The viability of
implementing a system
of inland fishing permit
fees will be
investigated. This is still
to be determined by the
Department through the
roll out strategy to be
developed in
consultation with the
57
relevant stakeholders.
Honorary Fisheries Compliance Officers should be considered for compliance
related issues.
Needs analysis will be
conducted and as part
of the roll out strategy,
inclusion of Honorary
Fisheries Compliance
Officers will be
considered.
The Department of Social Development should be included in the co-
management structure.
Noted. The Department
of Social Development
will be included for
participation on the co-
management structure.
Focus should not only be on research institutions for collecting data the
Department must also make use of indigenous knowledge.
Noted.
Lungisile Rhuba: The Rhodes University initiated a fishing project with
community members of Pikoli and fishing gear and equipment was provided.
The community members received training and attended marketing, accounting
and financial management short courses. However due to the lack of support by
the University the project failed.
Noted. It is important to
note that the
community has already
been trained.
The co-management
structures will be
established and will
provide support and
guidance to the
58
communities.
Mr Pantsi: There was a similar presentation presented by the Local Department
of Agriculture during the national elections process and there is a concern that
this process may be a political process. The department is requested to assist
the communities through providing training in marketing, accounting, financial
management and sustainable management of resources. There are three (3)
dams in the community of Pikoli which have fish and fishing is taking place
however the department should conduct research on the number of fish stock
available in these dams.
Noted. This is a
different process and
not linked to the one
done by the
Departments of
Agriculture. The stock
assessments are
underway in some of
the dams. The
Department in
consultation with the
provincial departments
and the relevant
stakeholders will
determine a method to
be used to identify the
waterbodies that may
be surveyed.
Mr Pantsi: The major concerns are that most of the dams are polluted and this
can affect the animal health and food safety. There are no restrictions of access
to dams, individuals from neighbouring communities are able to access the
dams and there is a lot overfishing taking place.
Permits will be issued
for activities on suitable
water bodies. Issues
related to pollution will
be considered in the
Pollution should be reported
to the food safety unit of the
department (this will be
included in the food safety
section)
59
policy and there will be
reporting mechanisms
where the users will be
expected to notify the
Department when
issues affecting animal
health and food safety
are suspected. Active
management strategies
for monitoring of
pollution and other risks
will be considered in
the strategy and
resource management
plans to be developed.
Access to the
resources for fishing
purposes will be limited
to permit holders.
Does the policy cater for catch and release? The policy speaks to
sustainable harvesting
methods that will be
determined based on
research. The permits
60
will be issued based on
the category applied
for.
Can the department assist communities through conducting awareness
campaigns?
The department will
conduct awareness
campaigns to educate
the communities on
matters related to the
inland fisheries.
Community members that are already involved in the fishing sector should be
prioritised when it comes to the issuing of permits.
Existing fishing
communities will be a
key consideration when
issuing fishing permits.
Stock assessments will
be conducted to
establish sustainable
harvestable limits.
The dam levels should be considered before the Department starts fisheries
within the dams.
Fishing activities will be
permitted where it is
sustainably viable. In
certain instances,
fishing effort will have
to be adjusted based
on the situation at that
61
Awareness regarding safety within dams and rivers should be provided, in most
of the communities fishermen will go fishing in boats under the influence of
alcohol.
moment.
There is a need for
awareness and training
regarding safety in
rivers/dams. The policy
will provide for law
enforcement and safety
on the water bodies.
The current laws
regulating state-owned
waterbodies should be
adhered to.
Livestock have direct access to dams will this not expose the fish to diseases? Specific management
plans for specific water
bodies will take the
issues of concern into
consideration.
Deputy Chairperson (Bhele Community) Ward 1- Will the department assist
communities to determine whether the dams are suitable for fishing?
The department will
undertake stock
assessments on dams
of interest to determine
the suitability of
individual dams. The
dams will have to be
62
identified as having a
potential to support the
establishment of a
fishery. Furthermore,
amongst other factors,
only fish that is fit for
human consumption
may be caught on
waterbodies that are
not polluted.
How will the department ensure that unemployed youth in the rural communities
benefit from Inland Fisheries?
The policy seeks to
promote participation of
youth, women and
people living with
disabilities. This will be
achieved by creating an
enabling environment
to allow participation of
the youth, women and
people living with
disabilities.
The Department must ensure that the traditional and customary users are
prioritised and granted permits.
Customary and
traditional practices
within inland
63
waterbodies will be
recognised by the
policy.
Bass Association-What does the legislation say regarding Alien and Invasive
Species in particular Trout?
Current Alien and
Invasive Species are
regulated through the
NEMBA.
Bass Association-It was indicated that there was a Trout Hatchery in Stutterheim
that closed down however the reasons are unknown.
The Department is
looking into hatcheries
that were closed with
the intention of
revitalising them.
Bass Association-A small trout hatchery in Sandile’s Rest, is currently
operational.
Noted.
There are number of bodies involved in the management of dams and there is a
challenge in getting everyone involved for improving camping facilities as this is
a huge potential for tourism.
The Department of
Water and Sanitation is
responsible for the
management of the
Dams. In some areas
ownership is unknown
and access is limited.
The Department of
Water and Sanitation is
the overarching body
64
responsible for the
management of Dams.
The proposed co-
management structure
seeks to address
challenges related to
management of specific
waterbodies and the
infrastructure in the
vicinity of those
waterbodies.
There are concerns with access being denied in water bodies. An example
provided was Sandile Dam where access is denied and fishing is not allowed
with boats.
There is a need to
establish the reasons
behind prohibition of
access. If there are
valid reasons the
department will
negotiate with the
relevant departments to
allow access. The issue
of access will be
addressed through this
policy and all relevant
government institutions
65
will be consulted.
The Bass Association indicated their major focus is in the development of the
sector however there are challenges in getting everyone to work together.
This can be done
through the Co-
management structure
and creating the
institutional
arrangement expressed
in the policy. The users
have an opportunity to
address challenges
through establishment
of the proposed
structures.
Why Port Elizabeth was not included for these public consultations? The criteria used to
identify towns/areas to
host public
consultations were the
availability of state
dams. Furthermore, the
towns were chosen
based on how much
fishing activities are
happening in that
particular town/area.
66
Ultimately, the decision
to undertake
consultations in the
chosen towns/areas
was taken in
consultation with the
relevant spheres of
government.
There is no single legislation that supports the sector and therefore the legal
review is critical to ensure that legislation is consolidated to assist the provinces
in general. There is much regulatory “red tape” that is hampering progress.
Noted. This is the
intension of the
department as
highlighted in the
presentation.
Stakeholders, especially rural communities, must be involved from the onset of
the process. DAFF must note that these communities are not formally organised
and must make a considerable effort to get these communities under one roof to
provide their inputs and comments on the policy.
Noted. In the next
round of consultation,
the state will ensure
that a broader and
more focused
consultation occurs.
Training and capacity building for communities in various areas is required. Noted. The policy
provides for training of
fishers under capacity
and training.
DAFF must remember that two major rivers pass through the Northern Cape and Noted.
67
that there are numerous communities affected in this regard.
Regarding research and development, the Northern Cape province enquired as
to whether DAFF has commissioned studies to determine what species are in
the dams and rivers in provinces.
During stock
assessment studies the
species distribution will
be determined. The
Department has
initiated the study and
in certain dams the
information is already
available.
The DAFF must consider that there is a multiple use of water resources which is
cross border/multi sectoral in nature and consideration must be given to cross-
boundary management of the inland fisheries sector.
Co-management
arrangement is vital in
cross-boundary
management of the
waterbodies and is
covered by the policy.
The sections B 6.6, or B6.10 or B 6.11 could also reflect that in the case of border line or rivers shared with neighbouring States the DAFF will share information on research and monitoring with respective authorities in the neighbouring States. This particularly relates to fish migration, sustainable harvesting, and any identified potential harmful aspects (comment by ORASECOM)
Noted. Comment will be
taken into consideration
when generating the
second draft.
The Northern Cape Department of Agriculture indicated that the DAFF has not
communicated information regarding aquaculture training and capacity building
programmes and has requested that they are kept informed so that they may
promote such programmes to students in the province.
The comment is noted
and the DAFF will
improve on working
relationship with the
68
provincial departments,
in particular on matters
related to aquaculture
capacity building and
training programmes.
There is major concern that there is not enough governmental capacity available
to implement and enforce the policy and this must be addressed through the
policy.
Noted. The policy
addresses the issue of
capacity building and
training of government
officials and fishers.
The policy must make reference to fishing methods, especially those methods
that are historic and need to be regularised.
Noted. The policy
recognises the
customary and
traditional fishing
practices.
Representatives indicated that they had only received documentation relating to
the meeting a week prior to the meeting.
Noted. The issue raised
will be addressed and
the department will
ensure that the parties
involved in the planning
of the public
consultations distribute
the documentation
timeously.
69
Stakeholders requested the translation of the policy and the presentation into
Afrikaans.
The challenges related
to languages have
been noted and the
matter will be taken
forward in further
engagements. The
policy document will be
translated into all
official languages and
the consultations will be
conducted in a
language most
prevalent within each
specific community to
be consulted during the
second round of public
consultations.
Does government has state owned dams where small scale inland fisherman
can fish.
There are over 350
state-owned
waterbodies. Studies
will be undertaken to
determine which water
bodies are suitable for
the establishment of
70
fisheries.
Fishers are being denied access to dams and rivers that are on the property of
farmers.
The scope of the policy
is limited to state
owned water bodies.
Access shall not be
denied to state owned
water bodies with the
user having the
appropriate permits.
Where access is
denied, access will be
established through
consultation and
establishment of
servitudes.
Alternative livelihood is sourced through a recreational permit they use to fish in
the nature reserve with and the catch is either sold for household needs such as
flour etc. The policy currently does not allow the sale of recreational catches and
this poses a problem for them.
It is understood that
current
legislation/permitting
system do not
recognise other
resource users other
than recreational
fishers. During the
implementation of the
71
policy, the fishers will
be categorised into
various categories
according to the
activities they are
involved in. The fishers
will be allowed to sell
their catch if they have
the appropriate permit.
There is conflict between the small-scale and the recreational sector participants
and the two sectors are not comparable when it comes to education, training
and resources such as boats etc.
Noted. The policy
provides for
establishment of
structures to deal with
conflict resolution.
The Department will
address different
strategies for capacity
needs of each of the
subsectors.
Stakeholders enquired on how they would sustain themselves in cases of
drought?
The strategy will deal
with harvesting of fish
during drought periods.
Climate change
mitigation strategies will
72
be considered during
strategy development.
Government officials at the Karakul Research Station in Upington indicated that
the “no show” is most likely a result of lack of transport to the venue. They
recommended having the venue on the river for the next meeting since the
majority of the fishing community lives along the river. Funds for transport are a
challenge for the public in this area. A suggested venue in Upington is the Eiland
Research Station or Community Hall (no charge required) where most of the
fishing takes place. It is important to involve the municipality as well in these
types of engagements. Local papers to be targeted as well i.e. Die Gemsbok
and the local radio station is Radio Riverside. Also RSG radio station can be
approached. It was highly advised that DAFF access Churches as a good
communication point.
Noted.
How will climate change affect the fisheries? Climate change and
their effect on water
bodies, consideration
will be incorporated into
strategy to be
developed as well as
the associated
management plans.
Gauteng is limited in its potential water bodies for fisheries due to water
contamination due to a number of activities i.e. mining.
Food safety
consideration is
important and it is
73
addressed in the policy.
The Department will
identify water bodies
where fishing would be
unsuitable for various
reasons including
pollution.
Aquaculture and inland fisheries should be compared so as to develop a
business case to develop inland fisheries.
Noted.
Farm dams should also be included in the production of Inland Fisheries, along
with access to farm dams.
The scope of the policy
is limited to state
owned water bodies
and will not include
privately owned dams
Other sources of protein should be compared against fish when developing a
business case for the development of Inland Fisheries
Noted.
The policy has included objectives however does not have set goals. The
objectives are principles and are not achievable.
The policy is at a high
level and is the first
step in addressing the
lack of legislation. The
policy will guide
strategy with
measurable indicators
Mr Pilot Nchabeleng suggested that the problem statement is not well structured Noted. Mr Pilot Nchabeleng to be
74
and scoped. The problem statement is what will be used to determine the goals
and these will lead to the objectives and these objectives must be monitored.
requested to provide wording
of problem statement
The Policy is more qualitative and provides information the situation in South
Africa and there is a lack of empirical data/ quantitative data. In order to make
informed decisions on the options available there is a need for quantitative data.
Noted. The sector is not
well understood and the
lack of overarching
policy is one of the
contributing factors.
The policy is the first
step in the development
of the sector
The policy will be followed by an implementation plan, what will inform this plan?
There is a need for a basic feasibility study or baseline data. The approach
should be based on the Objective Variable Indicators.
Preliminary research
surveys are currently
being conducted to
inform fisheries
management plans and
strategies. There is a
current lack of data for
the sector. While the
policy seeks to address
the lack of national
guiding legislation. The
“plan” or proposed roll
out of the policy will be
through pilot scale
75
projects, so that
resources may be
evaluated and
feasibility of sustainable
resource exploitation
may be assessed.
Andries Fourie -To who is the policy applicable, is it referring private or publicly
owned water bodies or aquatic enterprise not linked to a specific water body?
The scope of the policy
is limited to state
owned water bodies
and is applicable to
anyone who wishes to
harvest aquatic
resources from state
owned water bodies
Andries Fourie-In terms of the definition for fisheries does it include other
biological living organisms such as water blommertjies
The scope of the policy
will be expanded to
incorporate aquatic
resources such as
plants.
The definition aquatic
organisms is provided for and
includes water blommertjies
Andries Fourie-Does the policy make provision for small scale commercial
sector. A proactive approach should be taken to cater for the commercial scale.
The policy will cater for
various categories
including activities of
commercial interest.
Andries Fourie-In terms of fisheries sector there are number of developments The policy will cater for
76
and the policy must cater for commercial scale as currently there are semi
commercial fisheries operations in the Free State.
various categories
including activities of
commercial interest.
Conchita Milburn- There is an overlap with capture fisheries and aquaculture;
this is in cases where fish from hatcheries is used for the restocking of dams.
There will be some
shared resources
between the two
sectors including
hatcheries.
Andries Fourie-There are challenges with the water quality of the water bodies,
the government should ensure that there are indicators in place to ensure and
advise which water bodies are safe for fishing. This talks to food safety issues
and should be included in the policy.
Food safety
consideration is
important and it is
addressed in the policy.
The Department will
identify water bodies
where fishing would be
unsuitable for various
reasons including
pollution.
Pilot Nchabeleng-Water is a national competency however there are cases
whereby there private water bodies or individuals owning part of the River/Dam.
Will the policy cover the private owned water bodies?
The scope of the policy
is limited to state
owned water bodies.
Pilot Nchabeleng-If this policy will be developed into an Act then how will DAFF
ensure that the privately owned dams are regulated?
The legal review to be
undertaken will inform
the legislative
77
requirements in terms
of development of a
new standalone Act for
regulation of the inland
fisheries sector or
amendment of the
existing legislation.
Currently the
Department does not
intend to regulate
fisheries on privately
owned dams.
Proposed title: National Inland Wild Fisheries Policy. The current title is
confusing.
Noted. The title will be
reviewed.
Title to be amended to
National Freshwater (Inland)
Wild Capture Fisheries Policy
Can one dam accommodate both farming (Cage culture) and Fisheries at the
same time? The document should touch on this aspect.
Aquaculture and inland
fisheries can co-exist
on one water body;
however the decision
will need to be based
on research.
The document must specify and clearly define the type of fisheries are and the
allowed levels of fishing.
The categories are
established and
incorporated into the
78
policy. However
research on specific
water bodies will inform
the type of fisheries and
allowed levels of
fishing, this information
will be part of the
fisheries resource
management plans.
In a case whereby an individual has privately owned farm with a dam/water
body. How does DAFF ensure that privately owned water bodies are accessed
especially for those individuals who are working on the farms?
The scope of the policy
is limited to state
owned water bodies.
How will DAFF ensure that the communities are developed and ensure the
community members benefit from this policy?
The policy aims to
develop the sector and
promote improved
participation by
community members.
Education and
awareness is also a key
priority for policy
implementation.
In cases whereby water bodies are shared by different provinces, will DAFF
delegate powers in terms of permitting to ensure a holistic approach is taken into
account?
Co-management
arrangement is vital in
cross-boundary
79
management of the
water bodies and is
covered by the policy.
If this policy only targets public dams the title of the policy should reflect as such. This is reflected within
the scope of the policy
State owned hatcheries are needed for restocking dams. How will dams be
restocked with quality fish while existing dams have not been checked on water
quality and food safety for human consumption?
Research will inform
and identify the dams
suitable for restocking.
Restocking will be done
sustainably on water
bodies that are suitable
and in line with the
objectives of this policy.
The policy must clearly state whether there will be a permit fee or not. An appropriate fee
structure will be
determined during
implementation in
consultation with
stakeholders and the
National Treasury.
The permits are not to be issued through the Department of Environmental
Affairs as there are issues with alien invasive species.
Permitting system will
be investigated and
detailed in the policy
implementation plan.
80
There is a need to address co- management structure where communities need
to have contribution towards the dam management.
The policy encourages
establishment of co-
management
structures. Relevant
role-players will form
part of the structure
managing the specific
water bodies.
There is a need for compliance officials who will be responsible for monitoring. A needs analysis will be
performed to inform
monitoring, control and
surveillance
requirements.
Fly fishing as a sport can be done by children without ID documents as there is a
need to accommodate them.
The proposal will be
considered during the
development of the
permitting system and
detailed in the policy
implementation plan
and the strategy.
The policy must indicate what gears will be used. The gear to be used will
be based on research
in accordance with the
ecosystem approach to
81
fisheries management
and will be detailed in
the fisheries
management plans for
specific water bodies.
The institutional arrangements should be clear; the policy document did not
include all the relevant stake holders. The Department of Agriculture and Rural
Development (DARD) should also be part of the co-management structure.
Noted. The structure
will be reviewed to
include all the relevant
departments.
There are a number of community members who are interested in the inland
fisheries sector, however they do not have the resources, and how will the
development of the policy assist in terms of providing these resources?
The department will
undertake needs
analysis of the sector to
determine the resource
support needed.
Further stakeholders
will be identified during
the formation of the co-
management
structures.
The draft policy has not been widely shared with the communities and they are
not aware of the public consultations process that is currently taking place.
In the next round of
consultation, the state
will ensure that a
broader and more
focused consultation
82
occurs.
The communities have not been supported by government to participate in the
public consultation programme.
The Department will
undertake further
specific engagements
and try and further
reach fishers
The draft policy is only available in English and therefore making it difficult for
the previously disadvantaged communities to understand this policy and to
comments.
The challenges related
to languages have
been noted and the
matter will be taken
forward in further
engagements.
This current round of public consultations cannot be considered a public
consultation process but rather a briefing and Masifundise requests DAFF to
extend the public participation process in order to allow the inland Fisheries
communities to comment on the draft policy to ensure transformation and
readdressing historical inequalities.
The Department will
undertake a second
round of public
consultations to solicit
further inputs.
The approach for drafting the policy is seen as a top down, therefore it is
suggested that government determine current challenges facing inland fisheries
communities and determine how this policy will affect /impact the communities.
The National
Department has been
participating on dam
level steering
committees so as to
inform the policy
development i.e.
83
Vanderkloof Dam.
Did the department conduct research to determine and identify water bodies in
which the inland fisheries can take place?
Research is currently
being undertaken and
some waterbodies have
already been identified.
The Department will
continue to undertake
research in order to
identify more suitable
waterbodies.
Will the policy also including aquaculture? It was suggested that if there is a
need to develop inland fisheries then there is a need to also focus on
aquaculture.
The scope of the policy
is limited to wild capture
fisheries in state owned
water bodies.
Aquaculture is
regulated through
separate pieces of
legislation. Currently
the Department is
developing the
Aquaculture
Development Bill which
will regulate the
aquaculture sector as a
84
whole i.e. including
freshwater aquaculture.
There is a need to quantify maximising economic benefits. It is very broad. Research will inform
the maximum potential
yield of the sector and
associated economic
benefits.
In terms of permitting the policy does not identify the different types of permits
and the permit fee.
The policy identifies the
different resource users
and this will be
considered when a fee
structured is
determined. An
appropriate fee
structure will be
determined during
implementation in
consultation with the
stakeholders and the
National Treasury.
Will the fees differ for the different user groups? An appropriate fee
structure will be
determined during
implementation in
85
consultation with the
stakeholders and the
National Treasury.
The Policy implementation focus areas - focus on training of extension officer
and research, will the current extension officers be receiving training and or
capacity building?
Yes. Capacity building
and training of
government officials is
one of the policy focus
areas.
How will this policy benefit the fishing communities as there are a lot of
unemployed fishermen. In the aquaculture sector it takes up to 18 months for fish
to grow, where will the fishermen get income for this period?
The policy seeks to
ensure that all the
fisheries subsectors
gain equitable access
to the resource. The
policy focuses on
catching of wild fish
from the state-owned
waterbodies and does
not include the farming
of fish.
In terms of the co-management structure will the Department of Rural
Development and Land Reform Rural be included?
Yes. The co-
management structure
will be reviewed to
include all the relevant
departments. More
86
relevant stakeholders
may be included based
on the need when the
co-management
structure is formalised.
Government officials must have engagements five (5) to six (6) months prior to
the public consultation process in order to discuss the policy and provide inputs
and also engage to the relevant stakeholders on the policy.
Intergovernmental
consultations will be
conducted well on time
before public
consultations to allow
the relevant
government
departments an
opportunity to
participate
meaningfully.
Permitting is not clearly articulated in the policy and there is a need to determine
whether different resource users will be required to pay a fee and how much
fees will be.
The policy identifies the
different resource users
and this will be
considered when a fee
structured is
determined. An
appropriate fee
structure will be
87
determined during
policy implementation
in consultation with the
stakeholders and the
National Treasury.
Section B 6.6, Research and Monitoring should be changed to Research and
Development.
The wording to be
changed to Research
and Development.
Section B6.10: Monitoring and Enforcement should be Monitoring, Evaluation
and Enforcement of Authorisation.
Noted.
Recommendation will
be considered.
The objectives should be monitored and evaluated. Noted. The policy
implementation plan will
outline the clear
objectives and goals
that will be monitored
and evaluated.
Policy review is periodical which is open ended, it was suggested that monitoring
and review of the policy should be between 3 to 5 years.
The policy states that it
will be comprehensively
reviewed within five (5)
years.
There is data available for most of the dams in the province and therefore there
is no need to reinvent the wheel. The DAFF should build up from the available
Noted.
88
information; Dr Leon Barkhuizen will send the information to the Department.
Department of Environmental Affairs allows the harvesting of freshwater fish and
this is through their provincial biodiversity management plans. This has been
effective and there are people intending to start establishing fisheries in the Free
State province. The confusion is, are there fishers now supposed to stop with
their plans considering that the DAFF is busy drafting the National Inland
Fisheries Policy.
The fishers should
continue conducting
their fishing activities
with adherence to the
current legislative
requirements.
Gill nets are a concern as they are destructive. The usage of gill nets should be
prohibited.
Research will inform
the correct gear types
to be used. Gear to be
used will be identified in
the resource
management plans for
specific water bodies.
The policy will open up for a lot of illegitimate consultants offering to assist with
development of fisheries management plans.
The concern raised is
noted.
The rights of the current fishermen should be protected. Noted.
In the Free State there are 23 angling clubs that are affiliated to associations,
the policy will be duplicating in this regard.
The policy seeks to
provide the legislative
basis for the existing
and future associations.
The current
associations can feed
89
into the planned co-
management structure.
Co-management committee was tried before but never functional. It always
failed.
Co-management
structures are
necessary to ensure
that the decision-
making processes are
inclusive, based on
consultation in order to
achieve a participative,
sustainable inland
fishery resource
management.
The policy should provide for consideration of new fishing technology. The policy does provide
for consideration of new
fishing techniques
under section B 6.3
(Resource
Sustainability).
The policy must be used to create jobs in the sector. How will job creation be
achieved?
The policy is designed
to align inland fishery
governance with
Constitutional
requirements for a
90
sustainable
development approach
to natural resource
utilization for the benefit
of all citizens ensuring
job creation and
improved new entry in
the sector.
There is a problem associated with poaching and also conflicts on the water
bodies among the users. How will the policy address these challenges? This
policy should address these identified problems.
The policy makes
provision for law
enforcement on the
water bodies.
Furthermore, it provides
for establishment of
structures to deal with
conflict resolution.
Traditional leaders should be part of the co-management structure considering
that some of the water bodies are on land under the custodianship of traditional
leaders.
Noted. The co-
management structure
will be reviewed to
include relevant role-
players including the
traditional leaders.
However, more
stakeholders will be
91
identified and included
when the co-
management structures
are established.
The policy should also deal with the issue of land unavailability. The policy is limited to
state owned water
bodies.
The traditional leaders should be consulted during the drafting of this policy. Noted. In the next
round of consultation,
the state will ensure
that a broader and
more focused
consultation occurs.
The communities should refrain from dumping into the water bodies and thus
polluting the waters. The policy should provide for prohibition of dumping into the
waters.
Issues related to
pollution will be
considered in the policy
and there will be
reporting mechanisms
where the users will be
expected to notify the
department and the
relevant departments
responsible for the
management of water
92
and environment when
issues related to
pollution are observed.
Active management
strategies for
monitoring of pollution
and other risks will be
considered in the
strategy and resource
management plans to
be development.
The policy should be translated to Tshivenda to enable better reading and
understanding by the community.
The challenges related
to languages have
been noted and the
matter will be
addressed in further
engagements.
The dams should be fenced off to prevent uncontrolled/unauthorized access to
the dams. The policy should provide for this.
Dam fencing is not in
the scope of this policy.
However it makes
provision for law
enforcement on the
water bodies.
Consultation should be broadened to include Magoshi (Chiefs). Noted. In the next
93
round of consultation,
the state will ensure
that a broader and
more focused
consultation occurs.
There is currently a concern with the provincial and national departments being
under-capacitated, aquaculture being of example. How will this concern be dealt
with in the Inland Fisheries sector?
Capacity building and
training of government
officials is one of the
policy implementation
focus areas.
Appropriate
organisational
arrangements and
capacity will be
established within
mandated national and
provincial departments
to support inland fishery
governance including
fishery management
services, development
project support and
research.
What does customary user right refer to? If it refers to usage of fishing kraals Traditional and
94
then their recognition will cause problems as the kraal fishers normally leave the
fish they are not interested in trapped in the kraals to die. Also they are wiping
out all the breeding fish.
Customary fishing
rights are recognised
by the policy and
defined as “fishing
activities applied within
a community according
to the traditional law
and custom of the area
for the purpose of
satisfying personal,
domestic or commercial
communal needs”. The
management of specific
fisheries will be dealt
with through specific
resource management
plans.
The policy refers to recreational fisher and in certain instances refers to
recreational angler, if these means same thing then there must be consistency.
Or else both terms should be defined to further clarify the distinction if any.
Noted. The usage of
the two terms will be
reviewed to ensure
consistency is
maintained.
Recreational Angler to
replace recreational fisher
throughout the policy
document.
More research and awareness campaigns need to be conducted. Noted.
Currently some recreational fishers sell their catch and in terms of this policy, Fishers are re-
95
fish caught by an authorization through recreational fishing permit shall not be
sold. The clause is of concern as it clashes with the current way of operating.
categorised accordingly
through the policy.
Certain categories of
fishermen will be
allowed to sell their
catch. The intent is to
create a clear purpose
for each permit granted.
Eco-Care Trust agrees that inland fisheries have the potential to address several
broad policy objectives including food security, poverty alleviation and economic
empowerment. As a result, Eco-Care Trust does not in principle oppose the
development of inland fisheries in South African. We believe the introduction of
an inland fisheries founded on the Constitutional values within the confines of
section 24 of the Constitution is long overdue.
Noted.
We have noted and agree with the important principles as discussed in the
Fisheries Policy regarding, inter alia –
• Precautionary Approach,
• Good Governance,
• Resource Sustainability
• Research and Monitoring
• Capacity building
Noted.
96
• Monitoring and Enforcement of Authorization Conditions
Eco-Care Trust shares the widely accepted view that the proper management of
a fishery requires an understanding of the biology, life history and distribution of
the target species as well as an understanding of the people utilising the
fisheries and their utilisation patterns.
Noted.
The illegal netting that is currently experienced at many of our inland waters
throughout South Africa is of a major concern to Eco-Care Trust. There is almost
no policing by the law enforcement agencies to prevent the plundering of our
inland fish resources. The illegal netting is mostly done by foreigners and is part
of flourishing business operated by big syndicates demolishing our inland fishing
resources. Taking into account the quantity and quality (new) of gill nets, the
lengths of these nets, the numbers of fish caught on a daily basis, and the
wastage of fish left to rot in the nets, we are not convinced that unlawful netting
is operated by poor small-scale fishers.
Noted. Needs analysis
will be conducted to
inform requirements
related to law
enforcement on water
bodies as provided for
by the policy.
Gill nets can have a vast impact on fish stocks if it is not properly managed. Also
other species, like birds and reptiles, are often caught in gill nets. In our view
fishing equipment, like treknets, fish-traps, rod and reels, should be utilized and
not gill nets.
Research will inform
decision making
regarding the type of
gear to be used on
specific water bodies.
This information will be
part of the resource
management plans to
be developed for
specific water bodies.
97
The Fisheries Policy is applicable in respect of public inland waters, including
rivers, dams, lakes, wetlands, excluding estuaries. In our view, rivers and
wetlands should be excluded from small-scale fisheries operations as it is
ecological sensitive areas.
Decisions regarding
fisheries management
practices will have to be
backed by research.
The contribution that recreational angling is making to the socio economy of
South Africa should be fully valued. If the resource is destroyed or depleted the
whole contribution made by recreational angling will be negated.
Noted. The policy
focuses on sustainable
development of the
sector and as such
responsible fishing is
encouraged.
According to the policy where the ecological risk is low, for example, fishing that
targets alien species or in altered environments such as dams which do contains
species of biodiversity concern, social and economic criteria will primarily
determine the recommended level of fishing effort. Artificial environments such
as dams have become safe refuges for many species that historically relied on
rivers. Hence, any activity that involves the harvesting of species of concern
from dams must be viewed as high risk. It is understood that socio-economic
factors must play a role, but sustainability of the species has to be the first
consideration. In our view, small scale fisheries should not be allowed in any
water that contains species of biodiversity concern.
Decisions regarding
fisheries management
practices will have to be
backed by research.
According to the Fisheries Policy most small-scale fishing should not be subject
to any form of active management, and that a formal fishery management
approach will only be justified on water bodies that require active intervention to
manage different resource user groups and to optimize the social and economic
The correct statement
as articulated in the
policy is: “It is further
recognised that most
98
benefits of different forms of fishing. small-scale fishing is
not subject to any form
of active management,
and that a formal
fishery management
approach will only be
justified on water
bodies that require
active intervention to
manage different
resource user groups
and to optimize the
social and economic
benefits of different
forms of fishing.”
We agree with formal engagement where it is necessary to manage different
resource user groups. However, in our view, all fisheries should be strictly
monitored by the officials to ensure that, inter alia, catching quotas is held and
fish species of biodiversity concern are not utilised.
The policy provides for
law enforcement on the
water bodies. Issues
such as catching
quotas and species to
be caught will be
detailed in the resource
management plans and
specified on the permits
99
of which their
conditions will be
monitored by the law
enforcement officers.
In view of the current plundering of our inland fishing resources we do not agree
that prosecutions for illegal fishing are a last resort. This is a matter that should
receive urgent attention and we trust that proper inland fisheries legislation
should go a long way to resolve this matter. Without proper law enforcement
functions and powers, the co-management committees will not have the power
to ensure legal compliance and enforcement of authorisations. In our view co-
management committees can be useful in assisting to resolve conflict between
different resource user groups.
Noted. Needs analysis
will be conducted in
order to establish the
required enforcement
personnel to deal with
non-compliance. The
Department will seek
legal opinion on interim
measures until the
policy is implemented in
order to allow legal
small-scale fishing
activities within the
current legislative
framework.
We are encouraged that the Policy has adopted the ecosystem approach to
fisheries management, combined with the precautionary approach and adaptive
management. The key to the success of adaptive management is data collection
and analysis that informs the decision-making process. While scientific studies
provide for some of the data, local knowledge is another significant source and
Noted.
100
we encourage DAFF to embrace this through meaningful interaction with user
groups. Organisations such as Eco-Care Trust, angling clubs and even
individual fishers can also be used to collect data through structured monitoring
programmes. The inclusion of user groups in this manner also contributes to the
culture of co-management.
It is common cause that certain fish species, like blue kurper and yellowfish, are
easily caught in gill nets. Yellowfish and blue kurper are fish species with a high
conservational value and gill nets should not be allowed in inland waters where
these species occurs.
Research will inform
decision making
regarding what gear is
to be used on specific
water bodies. This
information will be part
of the resource
management plans to
be developed for
specific water bodies.
In our view alien fish species, like carp, because of its exceptional growth and
reproduction capabilities, is the type of fish species to be utilized by small scale
fisheries.
Research will inform
decision making
regarding species to be
harvested on specific
water bodies.
Barbel (catfish) is also a fish species that can be utilized by small scale fisheries.
However, we would also request that a size limit be used not to kill barbel over a
certain weight because these fish are the ultimate breeding stock and gene pool
generation.
Research will inform
decision making
regarding species to be
harvested on specific
101
water bodies.
The implementation of the small-scale fisheries must be done on an
experimental basis, selecting the best possible dams for this purpose and start
at a basis that is implementable.
Noted.
Using of treknets and other fishing gear like fish traps and rod and reel, instead
of gill nets, especially in dams where indigenous species of biological concern,
like yellowfish and blue kurper occurs. With the other fishing gear fish of
biological concern can be released safely, while gill-nets kills the catch.
Research will inform
decision making
regarding the gear type
to be used on specific
water bodies. This
information will be part
of the resource
management plans to
be developed for
specific water bodies.
The establishment of co-management committees with representation of the all
the concerned parties.
Noted. The policy
seeks to involve the
relevant role-players in
the decision making
process through the co-
management
structures.
With regards to Research and Monitoring, it must be recognized that this can
and should go beyond so-called scientific studies by tertiary and government
institutions. NGO’s (such as Eco-Care Trust) and individuals from user-groups
Noted.
102
must be approached to assist in this regard. In addition to the wealth of
indigenous and local knowledge we can contribute, we have the capacity
(numbers) and willingness to be involved. True cooperative governance
recognises the contributions user groups can make and welcomes it with open
arms.
The Policy states that in order for the DAFF to carry out its mandate in respect of
inland fisheries, a “fiscal budget and harmonised system of fishing license fees”
is required. Under the Marine Living Resources Act, the Marine Living
Resources Fund (MLRF) was established in order to fund the implementation of
the Act. Many countries around the world have recreational fishery-specific
funds, which are only used for the management of the recreational fishery. We
strongly advocate that a similar system be employed in this country.
An appropriate fee
structure will be
determined during
implementation in
consultation with
stakeholders and
National Treasury.
All fisheries must be actively managed to ensure compliance with the legislative
framework in order to achieve the goal of sustainability. One cannot rely on the
assumption that users will be self-regulating. There are many studies that show
in the absence of active management, compliance levels are low. One of the
most important objectives therefore should be to increase the capacity of
government officials to fulfil the mandate they have been given. The
appointment of rangers at all inland waters to monitor and enforce law
enforcement is of utmost importance.
Needs analysis will be
conducted in order to
establish the required
enforcement personnel
to deal with non-
compliance.
NGO’s, such as Eco-Care Trust, has vast knowledge on monitoring and can be
utilised to assist in this regard.
Noted.
103
With the implementation of lawful inland fisheries, illegal fisheries will not have
any right of existence and that law enforcement agencies must vigorously act
against all illegal fisheries which is plundering our fish resources. We further
believe that it is also in the interest of lawful small scale fisheries to oppose
competing illegal fisheries in operating in the same piece of water.
Needs analysis will be
conducted in order to
establish the required
enforcement personnel
to deal with non-
compliance.
We believe that the development of small-scale fisheries must be guided by
principles of sustainable utilization. This is because non-sustainable use, as is
currently happening, could result in overfishing and compromise the social
benefits that are supposed to be derived from a fishery.
The policy encourages
a precautionary
approach towards
sustainable
development of the
inland fisheries sector.
We, as NGO (Eco-Care Trust), are more than willing to assist in the
management and monitoring of the Inland Fisheries project.
Noted.
The South African Sports Angling and Casting Confederation (SASACC) is the
official body representing all anglers participating in organised angling in South
Africa and recreational angling. SASACC is an affiliated member to the South
African Sports Confederation and Olympic Committee (SASCOC), with a
national membership of 20 000 sport anglers and more than a million
recreational anglers.
Noted.
SASACC agrees that inland fisheries have the potential to address several
broad policy objectives including food security, poverty alleviation and economic
empowerment. As a result, SASACC does not in principle oppose the
development of inland fisheries in South African. We believe the introduction of
Noted.
104
an inland fisheries founded on the Constitutional values within the confines of
section 24 of the Constitution is long overdue.
We have noted and agree with the important principles as discussed in the
Fisheries Policy regarding, inter alia –
Precautionary Approach,
Good Governance,
Resource Sustainability
Research and Monitoring
Capacity building
monitoring and Enforcement of Authorization Conditions
Noted.
SASACC shares the widely accepted view that the proper management of a
fishery requires an understanding of the biology, life history and distribution of
the target species as well as an understanding of the people utilising the
fisheries and their utilisation patterns.
Noted.
We note that the Fisheries Policy recognises the importance of Recreational
Angling as part of the profile of inland fisheries in South Africa. There are
approximately 1 327 633 recreational anglers in South Africa with an annual
spending of R19 billion and an economic importance (contribution to production)
of R36 billion. This industry currently supports 94 000 employment opportunities.
Utmost care must be taken that small-scale fisheries do not negatively influence
recreational angling by depleting fishing stocks.
The policy aims to
develop the inland
fisheries sector and
protection of the users
through clear definition
of the user right is
provided for by the
policy.
The policy seeks to
105
protect stocks as it will
be taking a
precautionary
approach. The sector in
general will be
protected.
The unlawful netting that is currently experienced at many of our inland waters
throughout South Africa is of a major concern to SASACC. There is almost no
policing by the law enforcement agencies, which causes recreational anglers
removing the unlawful nets to save the resource. The unlawful netting is mostly
done by foreigners and is part of flourishing business operated by big syndicates
demolishing our inland fishing resources. Taking into account the quantity and
quality (new) of gill nets, the lengths of these nets, the numbers of fish caught on
a daily basis, and the wastage of fish left to rot in the nets, we are not convinced
that unlawful netting is operated by poor small-scale fishers.
Noted. Needs analysis
will be conducted to
inform requirements
related to law
enforcement on water
bodies as provided for
by the policy.
Gill nets can have a vast impact on fish stocks if it is not properly managed. Also
other species, like birds and reptiles, are often caught in the gill nets. In our view
fishing equipment, like treknets, fish-traps, rod and reels, should be utilized and
not gill nets.
Research will inform
decision making
regarding the gear type
to be used on specific
water bodies. This
information will be part
of the resource
management plans to
be developed for
106
specific water bodies.
The Fisheries Policy is applicable in respect of public inland waters, including
rivers, dams, lakes, wetlands, excluding estuaries. In our view, rivers and
wetlands should be excluded from small-scale fisheries operations as it is
ecological sensitive areas.
Decisions regarding
fisheries management
practices will have to be
backed by research.
We are not aware of any successful fisheries in South Africa. Are there
examples that can be used as best practises?
During public
consultations it was
indicated that there are
successful fisheries in
the Free State province
with established
fisheries management
plans.
The contribution that recreational angling is making to the socio economy of
South Africa should be fully valued. If the resource is destroyed or depleted the
whole contribution made by recreational angling will be negated.
Noted.
Small scale fisheries should also not through its operations hamper the
flourishing angling tourism industry. The zoning of operational areas is in this
respect of utmost importance.
The policy aims to
develop the inland
fisheries sector and
protection of the users
through clear definition
of the user right is
provided for by the
107
policy.
The policy seeks to
protect stocks as it will
be taking a
precautionary
approach. The sector in
general will be
protected.
This will be part of the
Resource Management
Plans developed by
Government.
According to the Fisheries Policy where the ecological risk is low, for example,
fishing that targets alien species or in altered environments such as dams which
do contains species of biodiversity concern, social and economic criteria will
primarily determine the recommended level of fishing effort. In our view, small
scale fisheries should not be allowed in any water that contains species of
biodiversity concern.
Decision-making will be
based on research
which will inform
Resource Management
Plans.
According to the Fisheries Policy most small-scale fishing should not be subject
to any form of active management, and that a formal fishery management
approach will only be justified on water bodies that require active intervention to
manage different resource user groups and to optimize the social and economic
benefits of different forms of fishing. We agree formal engagement where it is
Decisions regarding
fisheries management
practices will be based
on research.
108
necessary to manage different resource user groups. However, in our view, all
fisheries should be strictly monitored to ensure that, inter alia, catching quotas is
held and fish species of biodiversity concern are not utilised.
The emphasis regarding monitoring and enforcement in our view should be on
the lawful performance of the small-scale fisheries and not as stated in the
Fisheries Policy on access to the fish resources. Access to the resource is in our
view is a zoning matter that can be amicably resolved.
Decisions regarding
fisheries management
practices will have to be
backed by research.
In view of the current plundering of our inland fishing resources we do not agree
that prosecutions for illegal fishing are a last resort. This is a matter that should
receive urgent attention and we trust that proper inland fisheries legislation
should go a long way to resolve this matter. Without proper law enforcement
functions and powers the co-management committees will not have the power to
ensure legal compliance and enforcement of authorisations. In our view co-
management committees can be useful in assisting to resolve conflict between
different resource user groups.
Noted. Needs analysis
will be conducted in
order to establish the
required enforcement
personnel to deal with
non-compliance. The
Department will seek
legal opinion on the
measures to be
implemented in order
for small-scale fishers
to be allowed access to
the resource within the
current legislative
framework.
The Policy states that in order for the DAFF to carry out its mandate in respect of An appropriate fee
109
inland fisheries, a “fiscal budget and harmonised system of fishing license fees”
is required. Under the Marine Living Resources Act, the Marine Living
Resources Fund (MLRF) was established in order to fund the implementation of
the Act. We are of the view that the MLRF should be utilised to fund
management and enforcement of the small-scale fisheries, but we are extremely
concerned about the plundering of MLRF by officials as reported in the media.
We need to have trust in government to properly manage Inland Fisheries in
order for support the Inland Fisheries Policy.
structure will be
determined during
implementation in
consultation with
stakeholders and the
National Treasury.
It is of concern that the Inland Fisheries Policy refers only to small-scale fishers
in terms of development support.
Capacity building will
also be provided for the
recreational fishing
subsector.
Interventions will be
provided for both the
two subsectors.
Many rural community members and individuals from low-income households
will not be small-scale fishers but recreational users. They too will require
interventions to empower them to understand their rights and obligations.
Although associations such as SASACC can on a very limited scale assist with
this undertaking it is still a government responsibility and this needs to be
reflected in the Policy.
Noted.
It is common cause that certain fish species, like blue kurper and yellowfish, are
easily caught in gill nets. Yellowfish and blue kurper are fish species with a high
conservational value and gill nets should not be allowed in inland waters where
Research will inform
decision making
regarding the gear type
110
these species occurs. to be used on specific
water bodies. This
information will be part
of the resource
management plans to
be developed for
specific water bodies.
In our view alien fish species, like carp, because of its exceptional growth and
reproduction capabilities, is the type of fish species to be utilized by small scale
fisheries. However, we would request that a size limit is used not to kill carp over
a certain weight because these specimens are regarded as ultimate breeding
stock and are also favourite species targeted (catch & release) by recreational
anglers.
Research will inform
decision making
regarding species to be
harvested on specific
water bodies.
Barbel (catfish) is also a fish species that can be utilized by small scale fisheries.
However, we would also request that a size limit be used not to kill barbel over a
certain weight for the same reason as mentioned for carp.
Research will inform
decision making
regarding species to be
harvested on specific
water bodies.
The implementation of the small-scale fisheries must be done on an
experimental basis, selecting the best possible dams for this purpose and start
at a basis that is implementable.
Noted.
The establishment of co-management committees with representation of the all Noted. The policy
seeks to involve the
111
the concerned parties. relevant role-players in
the decision making
process through the co-
management
structures.
To appoint Rangers at all inland waters to monitor and enforce law enforcement. Needs analysis will be
conducted in order to
establish the required
enforcement personnel
to deal with non-
compliance.
We believe that the development of small-scale fisheries must be guided by
principles of sustainable utilization. This is because non-sustainable use, as is
currently happening, could result in overfishing and compromise the social
benefits that are supposed to be derived from a fishery.
Noted. The policy
encourages a
precautionary approach
towards sustainable
development of the
inland fisheries sector.
With the implementation of lawful inland fisheries, any unlawful fisheries will not
have any right of existence and that law enforcement agencies must actively act
against all unlawful fisheries that are plundering our fish resources. We further
believe that it is in the interest of lawful small-scale fisheries to oppose
competing unlawful fisheries operating in its area of allocated waters.
Noted. Needs analysis
will be conducted in
order to determine the
required enforcement
personnel to deal with
non-compliance.
Masifundise welcomes DAFF’s efforts towards developing a National Inland Noted.
112
Fisheries Policy and are pleased to have an opportunity to comment. We are
motivated to do so by a firm belief that we are in a position to contribute
constructively to the formulation of an Inland Fisheries Policy, based on past
experience that takes into consideration the needs, wishes and rights of
Masifundise has a long track record of working in small-scale fishing
communities. It has been supporting small-scale fishers along the coast since
2001, building their capacity to assert their human rights and advocating for
their constitutional rights. And, since 2015, has expanded its work to include
inland fishing communities, beginning with the Vanderkloof Fisheries Project in
the Northern Cape.
Noted.
Since then, Masifundise has also engaged with inland fishing communities in
the areas of the Gariep Dam and Jozini Dam. These engagements, placed
alongside 20 years long experience in the coastal sector and involvement in
the international work of the World Forum of Fisher People (WFFP), inform
Masifundise’s submission on the Draft National Inland Fisheries Policy.
Noted.
The initiative to develop an Inland Fisheries Policy is long outstanding. Inland
fishing communities have been demanding and waiting for the recognition of
their human rights for a long time. However, thus far the process has not been
substantially inclusive, with inland fishing communities facing many barriers in
participating in the consultation process. We therefore request that DAFF
undertakes all the necessary steps and efforts to ensure that the development of
the Inland Fisheries Policy is truly inclusive going forward.
In the next round of
consultation, the state
will ensure that broader
and more focused
consultations occur.
Section 1: Policy Development Process In the next round of
113
Currently, the knowledge of the scope of South Africa inland fisheries is, at best,
limited. Few scientific studies on inland fisheries (mostly focused on specific
water bodies) have been carried out. Only one study, Scoping Study on the
Development and Sustainable Utilisation of Inland Fisheries in South Africa
(Britz et al, 2015) begins to explore the social, economic and cultural
significance of inland small-scale fisheries. To ensure that the communities’
cultures, traditions, and objectives are included and that the challenges they
face are addressed in the policy, small-scale fishing communities need to be
actively included in the policy development process. A lot could be learned from
lessons and insights gained from the drafting of the Small-Scale Fisheries Policy
(2009-2012). This policy formulation process has been widely regarded as a
positive process at both national and international levels, given that government
officials, scholars from different disciplines, community practitioners representing
diverse professional and community perspectives, and community organizations
participated collaborating in the policy formulation process.
Therefore, we have some concerns about the Inland Fisheries Policy’s
development process to date, for example:
a) Small-scale fishers and SSF practitioners have not been included in
the policy formulation task team and are only allowed to give inputs
through the public consultation process.
b) The public consultation process to date has been carried out in a
formalistic way, that does not allow sufficient space for communities to
consultation, the state
will ensure that broader
and more focused
consultations occur.
The Department has
been participating on
dam level forums to
ensure that issues
raised by the resource
users at these forums
are included in the
National Inland
Fisheries Policy. The
Department is also in
constant consultation
with scientists and the
academia in this
regard.
The Department will
undertake further
specific engagements
with the relevant
stakeholders going
forward. The request
114
meaningfully engage with the contents of the draft policy or, share
their concerns and proposals
c) The Draft Policy has not been widely shared with communities. In
many cases, communities were not aware that consultations were
being held and were not supported to participate in the process.
d) Currently, the Draft Policy is only available in English, adding another
barrier for previously disadvantaged communities to be able to either
understand the contents of the draft or meaningfully comment on
them.
In light of these concerns, Masifundise requests that DAFF revises the
methodology used thus far with respect to its public participation process to
create space for inland fishing communities to more actively participate in the
policy formulation process. This is in alignment with the purpose of the Inland
Fisheries Policy – the redress of historical inequalities and transformation of the
sector.
for comments was
published in
Government Gazette as
required by law. The
Department advertised
the public consultations
in national and local
newspapers. Coverage
was also made by other
fishing associations on
their websites and
posters where
distributed in places
where the members of
the public could easily
access them. Further
on-ground mobilisation
was done by provincial
departments. The
department will ensure
that the parties involved
in the planning of the
public consultations
distribute the
115
documentation wider in
the next round of public
consultations.
Dissemination of
information by relevant
entities like Masifundise
would also be
appreciated.
The challenges related
to languages have
been noted and the
matter will be
addressed in further
engagements and
during the second
round of public
consultations.
It is our understanding that the principles underpinning any policy should guide
and support the achievement of the following:
a) create a general framework within which policy implementation plans must
be formulated;
b) provide clear guidelines for how functions are exercised and, how decisions
are taken in the management of the sector;
c) provide guidance on the principles underpinning the resolution of disputes
Noted. The highlighted
principles were
considered in the
drafting of the National
Inland Fisheries Policy.
116
within the sector; and
d) provide a guide for the interpretation, administration, and implementation of
the policy.
In alignment with this approach the current draft policy outlines some of key
principles that will be used by government to support the development of the
sector, in line with the State’s responsibility to respect, protect, promote and fulfil
the social and economic rights, especially in relation to previously
disadvantaged communities. We therefore request that DAFF undertakes all the
necessary steps and efforts to ensure that the development of the Inland
Fisheries Policy is truly inclusive going forward
Masifundise recommends further elaboration on some of the principles to be
included, in particular:
B 4.3 Equitable Access to Freshwater Aquatic Resources. This should include
preferential access as the policy should promote preferential access for small-
scale fishers who derive their livelihood from inland fisheries.
The issue of access to
the freshwater aquatic
resources is adequately
addressed by the policy
taking into
consideration the goals
the policy seeks to
achieve. “The inland
fishing policy is
designed to achieve
equitable access to
inland fishery resources
through interventions
that empower
117
historically
disadvantaged groups
to participate and share
meaningfully in the
benefits of inland
fisheries.”
B 4.4 Transformation. The governance of inland fisheries is still embedded in the
apartheid era. The principle of transformation should address this and clearly
call for a political transformation towards democratic governance that also
recognizes and prioritizes the human rights of people whose livelihood and
nutrition is dependent on inland fisheries.
The issue of
transformation is
adequately addressed
by the policy taking into
consideration the goals
the policy seeks to
achieve.
“Transformation
processes to achieve
racial and gender
representivity in inland
fisheries will be
promoted.”
B 4.5 Sustainable Development. In the South African Constitution and National
Environmental Management Act (NEMA) it is clearly states that ecological
sustainability has to be read and achieved through a principle of social justice.
This principle implies transformation and the redress of historical inequalities
and, therefore, it should be explicitly expressed and reflected as a policy
The issue of
sustainable
development is
adequately addressed
by the policy taking into
118
principle. consideration the goals
the policy seeks to
achieve.
B 4.7 Precautionary Approach. In defining the parameters for the precautionary
approach, socio-economic considerations should be included along with
biological standards. In line with FAO Precautionary Approach Principles, a
precautionary approach should be developed taking into account the objective of
the management of the fishery, by including and delegating some of the
decision-making to the right holders.
Decision making will be
backed by research.
However, the permit
holders making up the
co-management
structure will have an
opportunity to
participate towards that
particular decision.
B 4.8 Value-chain approach. The role of women and youth in the value-chain
should be recognized and actively promoted. Equitable participation in the
recreational fishery value-chain should be addressed more strongly, indicating
that the recreational fishery value-chain should go through transformation, re-
addressing racial and economic inequalities in the sector.
The department
acknowledges that
youth, women and
people living with
disabilities should be
empowered. This
aspect forms part of
policy implementation
in terms of training and
capacity building.
B 4.9 Developmental Approach. This principle should recognise an approach
that contributes to alleviation of poverty, food security and social-economic
Noted.
119
development.
B 4.10 Good Governance. This principle should adopt an approach that
empowers fishers to take part in co-management through education, training
and skills development.
Noted.
We also recommend that the policy include some additional key principles, listed
below. These are in line with principles already enshrined in the following: South
African Constitution and Bill of Rights; NEMA; the Small-scale Fishery Policy;
the FAO Guidelines for Securing Sustainable Small-Scale Fisheries in the
Context of Food Security and Poverty Eradication (the SSF Guidelines); the
FAO Guidelines on the Responsible Governance of Tenure of Land, Fisheries
and Forests in the Context of National Food Security (Tenure Guidelines); and,
the FAO Guidelines to support the progressive realization of the right to
adequate food in the context of national food security (Right to Food
Guidelines).
The principles were
considered in the
development of the
National Inland
Fisheries Policy.
Recognition of Customary Rights. The policy should recognise the existence of
customary and traditional practices governing the access and use of natural
resources on a communal basis and define the scope of customary and
traditional fisheries.
Customary and
traditional rights are
recognised by section B
6.2 the policy.
Human Rights Based Approach. Small-scale fishers’ rights to recognition, livelihoods, and food and nutrition must be affirmed and promoted, differentiating between rights-holders and stakeholders in the policy development, implementation and in the inland fisheries management.
The policy seeks to
protect the resource
and thus promoting
food security among
120
other objectives.
Gender Equality and Equity. The policy should recognize the vital role that
women play in fisheries, especially in the pre- and post- harvesting activities and
promote equitable access and empowerment for women to participate in the management of inland fisheries and their value-chain. Furthermore, gender equity must be an integral part of all SSF development strategies.
The department
acknowledges that
youth, women and
people living with
disabilities should be
empowered. This
aspect forms part of
policy implementation
in terms of training and
capacity building.
Integrated and Holistic Approach. The policy must recognize the
interdependency of the social, cultural, economic and ecological dimension of
the fishery system. Therefore, the fulfilment of the fishing communities’ human rights is strongly connected to the ecologically sustainability of the ecosystems, and one cannot be realized without the other. In addition, the
policy must recognize that often inland fishing is part of a broader livelihood
strategies’ portfolio for rural communities, therefore it is crucial to consider integrated ecosystem and holistic approaches in management and development of inland fisheries.
An ecosystem
approach to fisheries
(EAF) strives to
balance diverse
societal objectives, by
taking account of the
knowledge and
uncertainties of biotic,
abiotic and human
components of
ecosystems and their
interactions and
applying an integrated
121
approach to fisheries
within ecologically
meaningful boundaries
(based on FAO
definition). The policy
aims to balance
environmental, social
and economic aspects
in the inland fisheries
sphere in line with the
Constitution.
Local and traditional knowledge and forms of association. Local, traditional and
customary knowledge and forms of associations play a crucial role in sustaining
the livelihoods of small-scale fishing communities. The policy should recognize the complimentary value of local and traditional knowledge and apply such knowledge in the inland fisheries management. Traditional forms of
associations should be recognized, and their adequate organisational and
capacity development should be promoted.
Noted. Customary and
traditional practices
within inland
waterbodies will be
recognised by the
policy.
The traditional leaders
will form part of the co-
management structure
of specific water
bodies. Interested and
affected parties are
122
recognised by the
policy.
Human Rights Based ApproachNo distinction is made in the Draft Policy between small-scale fishers and
recreational fishers in line with a human right based approach to fisheries. We
believe that a crucial distinction needs to be made between ‘stakeholders’ -
anyone who can claim a ‘stake’ in the governance of freshwater aquatic system
– and, ‘rights-holders’ for whom the realization of their human rights is
inextricably linked to customary and socially defined rights to fishing grounds
and, for whom conflicts over fisheries directly affect their human rights. We,
therefore, propose that this distinction be respected and reflected in the Draft
Policy.
a. The Policy needs to recognize the deep social and economic inequalities
that exist between small-scale and recreational fishers.
b. In allocating resources for the development of the sector, priority should
be given to the empowerment of Small-Scale Fishers (SSFs) to
participate in the policy process and the fisheries management.
c. In addition, resources need to be allocated to support the development of
inland small-scale fisheries and promote the capacity building of fishing
communities to take advantage of opportunities in the SSF and
recreational fishery value-chains.
d. In setting up co-management structures, a Human Rights Based Approach should be promoted and SSFs should be recognized as right-
holders and primary resource users and, as such, participate in the
The Department will
undertake needs
analysis and this will
include identification of
required capacity and
infrastructure. Different
strategies for capacity
needs of each of the
subsectors will be
established.
The permit holders and
other relevant
stakeholders making up
the co-management
structure will have an
opportunity to
participate in decision-
making.
123
decision-making.
Traditional and Customary Fishing
Traditional and Customary Fishing is not defined in the Draft Policy, with no
clear distinction made between traditional and customary fishers and new
entrants in the sector. Legislatively, traditional and customary fishers have a
right to fishing that is protected by the Constitution, recently affirmed by the
Supreme Court of Appeal in the Dwesa-Cwebe Case (Case No: 1340/17). In
engaging on the issue of traditional and customary fishing, the Inland Fisheries
Policy should allow traditional and customary fishers to carry out their fishing
activities as a starting point. If concerns exist regarding the sustainability of such
fishing activities, research should be undertaken to assess the state of the fish
stocks and impact of the fishing activities on them.
a. The Policy should define traditional and customary fishing based on the
historical, cultural, and social impact and presence of fishing in a
community, rather than using a definition based exclusively on
geographic location and fishing gear being used. Another concern is that
many communities engaged in fishing have experienced forced removals
and re-allocation under Apartheid and, therefore, have been forced to
adapt their fishing methods to new circumstances.
Traditional and
customary fishing to be
defined in the policy.
Fishing activities applied
within a community according
to the traditional law and
custom of the area for the
purpose of satisfying
personal, domestic or
commercial communal
needs.
Scope of inland small-scale fisheriesa. In profiling the inland small-scale fisheries sector, the Draft Policy
correctly recognizes that the scope of the sector is largely unknown.
However, the policy should recognize and clearly state that inland
The policy recognises
and clearly states that
inland fisheries are
essential to food
124
fisheries are essential to food security and livelihoods in rural areas.
Importantly, inland fisheries are an integral part of the culture and
tradition of communities living close to rivers, lakes, and other inland
water bodies.
As pointed out in The State of World Fisheries and Aquaculture (FAO, 2018)
inland small-scale fisheries use an animal protein production method with the
lowest carbon footprint, representing an ecological way to ensure and improve
the health and nutrition of marginalized, rural communities. While it is useful to
understand the economic value of inland small-scale fisheries, their significance
goes beyond what can be quantified in monetary terms. Inland small-scale
fisheries contribute towards achieving sustainable development in a holistic and
integrated way. Masifundise believes that this needs to be clearly addressed in
the Policy and identified as a key driver in the development of the sector
security and livelihoods
support.
Interim mechanism to decriminalize small-scale fishersMasifundise views the provision made in Section B 6.1 of the Draft Policy
indicating that the status quo of the inland fisheries governance will be
maintained until the national legislation is promulgated as extremely problematic.
Some of the legislation currently governing the use of freshwater resources is
deemed to be unconstitutional and/or does not make provisions for small-scale
fishers to carry out their livelihood activities. In several instances, SSFs are
criminalized and persecuted3, a status quo that cannot be maintained. In light of
this, Masifundise strongly proposes that interim mechanisms aimed at
decriminalizing inland SSF activities be put in place.
The proposal is outside
the scope of the policy.
The current legislation
needs to be adhered to
as the policy cannot
repeal the current
legislation governing
the sector. The
Department will solicit a
legal opinion on the
matter from the Office
125
of the State Law
Advisor. Furthermore,
the department will
engage relevant
departments where the
current legislation is
found to be
unconstitutional or
unsupportive to the
sustainable
development of the
sector.
Historical Inequalities’ impact on Access Rightsa. Building on the Preface to the South African Constitution, the legacy of
inequality and exclusion in inland fisheries and, how it affects small-scale
fishers to the present day, should be clearly recognized and addressed in
the Policy, especially in the introduction. This legacy is clearly reflected in
the poor access small-scale fishers have to freshwater bodies. For
example, their access to dams and rivers is often cut off by private land.
Therefore, the issue of land is relevant in this policy and needs to be
directly addressed in order to determine how SSF communities will gain
access to these water bodies.
b. The access rights that are currently enjoyed by recreational angling clubs
This is a legislative
process with its own
timelines, as such due
diligence must occur.
There are already pilot
projects being
implemented as some
aspects of the policy
can be implemented
before the finalization of
the policy. The
126
also needs to be reviewed. As recognized in the Draft Policy, many of
these access rights are linked to historical leases that were conceded
during the Apartheid era. These access rights are still exercised and
often result in lack of access to water resources for small-scale fishers.
Therefore, it is necessary to re-negotiate access rights, to include the
needs of small-scale fishers alongside those of other users.
Department
acknowledges the
urgency of addressing
some of the key
challenges in the sector
and as such will be
obtaining a legal
opinion on the
measures that can be
implemented within the
current legislative
framework (before the
implementation of the
policy).
Transformation in the recreational fishing subsectorAs part of the transformation of the recreational sub-sector and, to promote
greater participation of rural communities in the recreational angling value-chain,
frameworks should be set up by government to promote and enforce the
transformation process. This should be done through the establishment of co-
management committees that can set timeframes and measurable indicators for
the overall transformation of the recreational fishing subsector. Transformation
needs to go beyond voluntary commitments and penalties should be put in place
if identified transformation objectives are not met.
Transformation is a
goal of the government
and is covered by the
policy.
As part of the transformation of the recreational sector and beyond, a discourse Research will inform
127
that argues that small-scale fishers’ harvesting activities and use of gillnets are
inherently harmful to the environment is problematic and it should not be
addressed in the policy document. As previously mentioned, the scope and
impact of small-scale fishing in largely unknown. This is, however, also true for
the recreational angling activities. Therefore, Masifundise is proposing that
recreational fishing activities be scrutinized and that more accountability
mechanisms be set in place to the same or, stricter ecological standards as
small-scale fisheries.
decision making
regarding what gear is
to be used on specific
water bodies. This
information will be part
of the resource
management plans to
be developed for
specific water bodies.
Women and YouthThe role of women and youth in inland fisheries and their value chain is currently
not mentioned in the Draft Policy. In addition, no provision is made in the draft to
protect, support, and enhance their vital role in the fisheries. This is very
problematic as it perpetuates the marginalization of women and youth in the
sector, instead of promoting their involvement and related livelihood
opportunities. The policy should promote the participation of women and youth in
the fisheries, the value-chain, and co-management, by allocating specific
resources towards training and capacity building and access to opportunities
specific for women and youth in fishing communities.
Noted. The department
acknowledges that
youth, women and
people living with
disabilities should be
empowered. This
aspect forms part of
policy implementation
in terms of training and
capacity building.
Policy Coherence, institutional coordination and collaborationThe Draft Policy identifies several government departments at national,
provincial, and local level that should be involved in the implementation of the
policy. In order to fulfil the objectives of the policy it will be essential to have
The policy addresses
the matter and sets out
the proposed co-
management structure.
128
policy coherence and cross-sectoral collaboration. To facilitate this and avoid a
“silo effect” in the policy implementation process, the Draft Policy needs to
outline clearly defined roles and responsibilities, the hierarchy in the decision-
making process, protocols for conflict resolution, and clear accountability
mechanisms.
Furthermore, the policy
promotes cooperative
governance. The policy
highlights the reporting
channels with clear
responsibility of each
reporting level. The role
of each department will
be detailed in the
strategy and resource
management plans.
This information will
further be reflected in
the Terms of Reference
for each structure
established.
Conclusion and Summary of Recommendations on the way forwardOur overall conclusion is that the Policy does not, as yet, provide clear
commitments and frameworks for the achievement of objectives such as: the
transformation of the recreational fishing sector; legislative harmonization;
relevant permit systems; capacity building; and, the allocation of resources in
the sector. This has resulted in the Policy lacking depth at a substantive level,
making the Draft appear to be more similar to a Policy Development Framework
than a robust and implementable Draft Policy for inland fisheries.
The present policy is a high level guide that will evolve and expand as legislative and other institutional arrangements are put in place. The policy will be subject to review as required by circumstances, political mandates and national priorities, and will be
129
We conclude the Submission with a summary of recommendations for DAFF to
consider, some of which have already been put forward in the document, aimed
at improving the process and overall development of the Inland Fisheries Policy:
a) The current draft of the policy is not substantive enough in determine how
the objectives of the Inland Fisheries Policy will be achieved or, how will be
implemented. In the light of this, the document should be regarded as a
framework and, a first, positive step towards policy development.
comprehensively reviewed within five years and it is anticipated that further information currently not available to the Department will be included.This is the first draft of
the policy and the
Department is
undertaking the public
consultations as a first
step to further develop
the document and
include issues
experienced by
interested and affected
parties.
In order to further develop the understanding of the inland fisheries sector,
DAFF should urgently initiate two processes:
a) In the absence of a clear understanding of the scope and complexity of the
inland fisheries sector, a broader study needs to be undertaken on the use of
inland water bodies, focusing on traditional, customary small-scale fisheries
and their social, cultural and economic significance, as well as their
integration on broader and more complex livelihood strategies.
Ongoing research is
being undertaken and
the Department will
continue undertaking
research as part of
policy and strategy
development to allow
130
b) In addition, there is a need for a national and provincial legislative and
institutional review of all laws affecting the development of inland fisheries
and the relevant institutions (national and provincial) involved in the
management of freshwaters. In alignment with this, that a moratorium be
placed on all historical laws impacting on transformation and not aligned with
the Constitution.
sustainable
management of the
entire sector.
The Department
acknowledges the
urgency of addressing
some of the key
challenges in the sector
and as such will be
obtaining a legal
opinion on the
measures that can be
implemented within the
current legislative
framework (before the
implementation of the
policy). The
Department will
undertake legislative
review as per the plans
outlined in the policy
development pathway.
The resulting activities
will be informed by the
131
recommendations of
such review.
Building on the experience of developing the Small-scale Fisheries Policy, we
propose that DAFF organize a National Forum on Inland Fisheries, including all
the interested parties and inland fishing communities’ representatives, to discuss
the principles, objectives, and contents of the Inland Fisheries Policy. One of the
key objectives of such National Forum would be the establishment of a National
Task Team to further develop the policy. This Task Team should include small-
scale fisheries practitioners and communities’ organizations.
The Department is
following the required
legislative drafting
process. The
Department has
undertaken extensive
public consultation
process and will be
undertaking a second
round of public
consultation as part of
the legislative process.
The policy will further
be subjected to the
National Economic
Development and
Labour Council
(NEDLAC) process
where the contents will
be interrogated line-by-
line by the various
NEDLAC chambers.
132
The principles and substantive issues presented in this submission should be
incorporated in the Policy.
All inputs received are
recorded and will be
considered when the
second draft is
developed.
All communications related to the Draft Policy should be in the appropriate
languages and, proper interpretation to be provided whenever DAFF engages
with communities
The second round of
public consultations will
be conducted with the
focus on improved
engagements with the
previously
disadvantaged
communities using the
languages (verbal and
written communication)
most common within
those areas.
Any good public participation process requires qualitative social facilitation. In
the light of this we propose that DAFF allocate adequate financial resources and
skilled human resources for the further development of the Inland Fisheries
Sector.
The officials
undertaking the public
consultations are
adequately skilled to
deal with the
development of the
sector.
133
Fishers from Jozini request an extension of 60 days from 31 July 2018
because of the following reason. Time given was not enough to consult and
to engage with other stakeholders especially other fishing organisations,
Traditional leaders and the Councillors.
The Department will
undertake a second
round of consultations
to ensure that the
stakeholders get an
opportunity to further
participate in the policy
development process.
In the next round of
consultation, the state
will ensure that broader
and more focused
consultations occur.
Fishing communities were not aware about the draft inland policy. There
was no notice boards placed, none of the local newspapers were used and
also none of the local community radio stations were used for
communication.
The invitation for
submission of
comments was
published in the
Government Gazette.
Furthermore, the
Department advertised
the public consultations
in national and local
newspapers. Coverage
was also made by other
134
fishing associations on
their websites and
posters were distributed
in places where the
members of public
could easily access
them.
DAFF did not come to our places where we reside but instead they opted
to convene the meeting far from our communities at Mkhuze which was
difficult for the fishers to travel long distances.
In the next round of
consultation, the state
will ensure that broader
and more focused
consultations occur.
There was no proper consultation with Amakhosi. In the next round of
consultation, the state
will ensure that broader
and more focused
consultations occur.
There was no transport arrangement even though the venue was far from the
fishers.
Effort was made to host
the consultations at
venues as central as
possible. However, it is
noted that some areas
were not easily
accessible for certain
135
targeted fishing
communities but in the
next round of
consultation, the state
will ensure that broader
and more focused
consultations occur.
There was no enough time to engage with DAFF officials during the day of
consultation because they were hurry for the flight to Cape Town.
Noted. The Department
will ensure adequate
time is allocated for the
engagements in the
next round of public
consultations.
Draft policy was not interpreted into IsiZulu and it was difficult to
understand the English version.
The challenges related
to languages have
been noted and the
matter will be taken
forward in further
engagements.
There was no arrangement for the tea break and lunch Noted. In the second
round of public
consultations,
depending on
availability of budget,
136
the department will
consider providing tea
and lunch, but
unfortunately cannot
provide any guarantees
due to budget
constraints.
The attendance was poor. Noted.
The fishers were expecting a workshop of some kind first in order to
understand the meaning of the policy and other terminology within the draft
policy.
Noted. In the next
round of consultation,
the state will ensure
that broader and more
focused consultations
occur.
Loud hailers were not used to invite the community to the meeting. In the next round of
consultation, the state
will ensure that broader
and more focused
consultations occur.
YOUTH AND WOMENThe policy must define the role and responsibilities of youth and women, the
policy must consider the gender, affirmative action and kind of skills to be
provided and they must not be discriminated from the policy
Noted. The department
acknowledges that
youth, women and
people living with
disabilities should be
137
empowered. This
aspect forms part of
policy implementation
in terms of training and
capacity building.
SKILLS DEVELOPMENTThe policy must provide the skills development program to the fishers like
computer skill, management skills, Administration skills, and Marketing skills
and other skills relevant like diving skills driving and mechanic, processing
skills.
The Department will
undertake needs
analysis and this will
include identification of
required capacity and
infrastructure. Different
strategies for capacity
needs of each of the
subsector will be
established.
EQUITABLE ACCESSEqual access without race or colour must be considered, especially to the
fishers living adjacent to the dam, no discrimination of gender and age.
Transformation is a key
component of the
policy. The policy seeks
to ensure that fishers
with required permits
within all the fisheries
subsectors gain
equitable access to the
resource.
138
CULTUREThe policy must promote the different cultures of the fishers and the gear
method they use.
Traditional and
customary rights are
recognised by the
policy.
Research will inform
decision making
regarding gear type to
be used on specific
water bodies. This
information will be part
of the resource
management plans to
be developed for
specific water bodies.
PERMITSPermits must be for everyone who deserves it and must not be by favour or by
race and colour.
Small scale fishers must have the collective rights.
Permitting system will
be investigated and the
details will be included
in the policy
implementation plan in
line with the outcomes
of the study to be
undertaken.
Small-scale fisheries is
a recognised subsector
139
of the policy and falls in
a separate category.
LEGAL ENTITYThe legal entity must be in a form of community based. The fishers must have
right to choose the kind of legal entity they want, should be like a Trust,
cooperatives or any registered entity.
Permitting system will
be investigated and the
details will be included
in the policy
implementation plan in
line with the outcomes
of the study to be
undertaken.
CUSTOMARY RIGHTSThe policy must recognise the customary rights as per section 39 in the
constitution and must allow the fishers to fish where their ancestors were fishing.
The fishers must be allowed to catch the different species as were caught
before, to use their indigenous gears.
Customary rights are
catered for by the
policy. The Department
supports sustainable
fisheries development
and decision-making
regarding species to be
caught and fishing
methods to be used will
be based on research.
CO-MANAGEMENTThe policy must recognise the co-management approach where all different
stakeholders sit and take decisions together. The bottom-up approach should be
adopted.
The policy makes
provision for
establishment of co-
management structure
140
where relevant
stakeholders will be
represented. The
Department has been
participating on dam
level steering
committees so as to
inform the policy
development.
INLAND POLICYThe policy must interpret the needs of the fishers and it must not entertain
the feelings of the Department and the researchers. The fishers must lead
the policy and own it.
Noted. The Department
is required to draft the
policy in terms of its
mandate to ensure the
sustainable
development of the
sector and as such,
participation of the
fishers as the main
stakeholders is of great
importance during the
policy drafting process.
CONFLICT WITH OTHER LAWSThe laws from other departments must not conflict the policy.
Noted. The policy
seeks to harmonise and
balance the economic,
141
environmental and
social aspects of the
sector. The legislative
review process will be
undertaken.
The Marine Living Resources Act need to be reviewed because we have not
been consulted when this Act is passed and it is more concern with natural
resources than human life. And it does not recognise our customary system. The
natural resources and human nature must be balanced and equal.
Noted. The suggested
action is outside the
scope of the policy
drafting process.
The policy must promote the sustainability of the ecosystem and other natural
resources for future use.
Noted.
The policy must state the kind of support which will be provided by government
to the fishers, like boats, cold-rooms and fishing gears.
The Department will
undertake needs
analysis and this will
include identification of
required capacity and
infrastructure. Different
strategies for capacity
needs of each of the
subsectors will be
established.
The fishers support the inclusion of the voluntary guidelines in this policy
which promote human rights, human dignity, gender, customary rights and
sustainability.
Noted
142
This process must be more effective to the fishers living near the dam and who
are really fishers and this must give respect to the customary practise of the
area on how they identify the real fisher. Consultation should take place
especially with some traditional leaders on how fishers are identified.
The policy seeks to
ensure that all the
fisheries subsectors
gain equitable access
to the resource. The
identification of fishers
on specific waterbodies
or within specific
communities will be
done as part of policy
implementation.
Preference must be given to the small scale fishers because they have been
excluded from the fisheries sector for a number of years.
The policy seeks to
provide equitable
access to the fisheries
sector.
Fishers need to be given a chance to discuss about the criteria which will be
used to determine the real fishers looking at the cultures and customary
practices of the areas.
The fishers will be
consulted during the
policy implementation
plan and resource
management plans
development process.
The policy must provide the multispecies approach to the basket. The policy
must allow the fishers to identify the species available in their local dam.
Research will inform
decision making
regarding species to be
143
fished on specific water
bodies. Data collection
mechanisms will be
established and
therefore allowing the
fishers to submit
relevant information
such as species
diversity amongst other
factors.
The policy must promote the food sovereignty, food security and protection of
food.
Noted.
The policy must provide the human dignity to the fishers, not to be harassed and
be treated unfairly and their human rights to be recognised.
The policy seeks to
clarify access rights to
ensure equitable
access to the resource.
The policy must promote the value chain system, promotion of trade and
marketing of the products and community markets for women selling the fish in
the town
The Department
acknowledges that
youth, women and
people living with
disabilities should be
empowered. The policy
incorporates the entire
value chain for fish and
144
the Department will
consult with the
National Treasury and
other relevant
departments.
All MPA’s which were imposed by DAFF without the consultation with the
communities must be abolished and consultative process restarted.
This is outside the
scope of the policy
since the policy seeks
to regulate inland
fisheries and not
marine fisheries.
Fishers demand gill nets to be legalised because this law has never been
consultative with the fishers. Fishers believe that gill net is not a problem but the
problem is the size of the net being used. Fishers demand the legalisation of
size which will allow to catch big fish only
Research will inform
decision making
regarding the gear type
to be used on specific
water bodies. This
information will be part
of the resource
management plans to
be developed for
specific water bodies.
145
Fishers do not need zonation system because dams are not wide like ocean.
Fishers want to be given allowance to fish everywhere in South Africa.
This will be part of the
Resource Management
Plans developed in
consultation with the
relevant stakeholders.
We need more clarity on whether recreational fishers are anybody or are they
exclusively part of historically disadvantaged communities?
Recreational fisher is
any person undertaking
fishing for recreational
purposes as defined by
the policy.
A section on welfare needs to be incorporated into the policy. A section to be included
as proposed.
Where applicable animal
welfare should be
considered.
The NSPCA would like to be part of the National working group The NSPCA to be
included on the
National Working
Group.
If the hatcheries are state owned, do they also need permits? Yes.
Highlight the definition of “Owner” clarity on who will be liable in the event of
stock enhancement.
The Animal Protection
Act defines Owner as
“in relation to an
animal, includes any
person having the
possession, charge,
146
custody or control of
that animal”.
Once in the dam, river
or any other waterbody,
the stocked fish is
considered to be
released into the wild
and is free from
captivity and therefore,
it is no longer under
ownership of any
organisation or any
other person.
Methods of harvesting to be incorporated into the policy. This will be
incorporated into the
fisheries management
plans.
The policy to include crustaceans / molluscs or other aquatic animals that could
be utilised in the future.
Noted. The definition of
an aquatic organism to
be provided to include
crustaceans, molluscs
and aquatic plants.
Morpho-edaphic index (MEI) - An estimate of the potential fish yield in a water
body based on physio-chemical parameters such a surface area, average depth
Amendments to be
made in line with the
147
at full supply level, temperature, electrical conductivity, total dissolved solids. suggestion.
Despite the lack of a national policy, subsistence fisheries (small-scale fisheries)
have increased at many dams (e.g. Rustfontein, Gariep, Kalkfontein Dams) in
the Free State Province. It is therefore important to ensure through the policy
development process that the rights of existing small-scale-fishermen are
acknowledged and protected.
Noted.
As inland fisheries were previously the mandate of environmental organisations,
the historic and existing knowledge, skills and experiences should not be
ignored, e.g. the FS DESTEA since 1979 has allowed for the harvesting of
freshwater fish from 11 dams. This has been the focus of a PhD dissertation
completed during 2015, as well as scientific articles published.
Noted. The DAFF will
engage relevant
departments and
organisations in the
development of the
sector.
DAFF and provincial agriculture departments do not have sufficient capacity to
implement the proposed national inland fisheries policy and envisaged
regulations – one of the most important stumbling blocks for this process to be
successful.
Capacity building and
training of government
officials is one of the
policy Implementation
focus areas.
Appropriate
organisational
arrangements and
capacity will be
established within
mandated national and
provincial departments
148
to support inland fishery
governance including
fishery management
services, development
project support and
research.
In the Free State, the major state dams are surrounded by, or fall within the
boundaries of formally protected areas and are access-controlled by FS
DESTEA and not DWS.
Noted.
Each protected area, which includes the water surface area and land around the
dam, are managed through Environmental Management Plans which were
compiled through various Public Participation Processes and were formally
promulgated. A balance between DWS and FS DESTEA responsibilities in the
Free State thus should be established.
Noted.
Inland fisheries in South Africa are dominated by recreational and small-scale
fishing for subsistence and livelihood purposes. Commercial fisheries equivalent
South Africa’s commercial marine fisheries to supply formal markets do not exist
due to the low productivity of inland waters.
Noted.
“Small-scale fishers have expressed concerns that their fishing rights, customary
fishing practices and contributions to rural livelihoods are not recognised by
government and other resources users.”
Comment:
Who? Where? Why? Each protected area, which includes the water surface
The small-scale fishers.
Country-wide where
small scale fishing
activities are incorrectly
managed as a
recreational activity
149
area and land around the dam, are managed through Environmental
Management Plans which were compiled through various Public Participation
Processes and were formally promulgated.
instead of a livelihood
activity. This is due to
the legacies of the past
and a lack of a national
guiding policy.
The recreational angling sector has a substantial participation rate (estimated to
be of the order of 1.5 million participants) and a significant economic impact
through the tourism sector and angling supply value chains. It is therefore
important that recreational anglers are recognised as important stakeholders in
South African inland fisheries and that their interests are recognised in future
fisheries development initiatives. The value chain associated with the
recreational fishing sector has the potential to support rural food security through
decent jobs, entrepreneurship and participation in the fishing linked tourism
service sector. However, more can be done to ensure that this economic sector
contributes to transformation and equitable socio-economic benefit from inland
fish resources.
Comment:
Inland and marine combined, or just freshwater?
Inland fisheries in South Africa are dominated by recreational and small-scale
fishing for subsistence and livelihood purposes. Commercial fisheries equivalent
South Africa’s commercial marine fisheries to supply formal markets do not exist
due to the low productivity of inland waters.
The estimated
recreational participants
as expressed in the
policy are for both
inland and marine. The
inland fisheries
subsector is not fully
understood at the
moment.
The recreational angling disciplines are diverse, including bank angling for carp, The proposed new
150
yellowfish and catfish, artificial lure angling for bass and other species, fly fishing
for yellowfish and trout, boat angling and informal recreational/food fish angling.
Angling is organised as a sporting code, affiliated to the South African Sports
Confederation and Olympic Committee (SASCOC), under the South African
Sport Anglers and Casting Confederation (SASACC). The Federation of Fly
fishers of South Africa (FOSAF) represent the interests of fly fishers and is
affiliated to Trout SA which is a DAFF recognised aquaculture producer
association. Most recreational anglers are however not affiliated to any angling
organisation.
Comment:
Why is only FOSAF mentioned here? What about other angling federations?
“Small-scale fishers have expressed concerns that their fishing rights, customary
fishing practices and contributions to rural livelihoods are not recognised by
government and other resources users.”
wording:
The recreational
angling disciplines are
diverse, including bank
angling for carp,
yellowfish and catfish,
artificial lure angling for
bass and other species,
fly fishing for yellowfish
and trout, boat angling
and informal
recreational/food fish
angling. Angling is
organised as a sporting
code, affiliated to the
South African Sports
Confederation and
Olympic Committee
(SASCOC).., under the
South African Sport
Anglers and Casting
Confederation
(SASACC). The
Federation of Fly
151
fishers of South Africa
(FOSAF) represents
the interests of fly
fishers and is affiliated
to Trout SA which is a
DAFF recognised
aquaculture producer
There are several
recognised
associations. Most
recreational anglers are
however not affiliated to
any angling
organisation.
Note:
The changes in the
policy made in line with
the suggested
amendments.
Recreational angling is a popular activity on state dams and rivers. The
management of recreational fishing activities on state dams is in the process of
being formalised by the Department of Water and Sanitation, through the
compilation of Resource Management Plans for the major state dams. Many
Noted.
152
recreational angling clubs enjoy rights of access to land and water-based
activities on state dams through historical leases and contracts with the
Department of Water and Sanitation.
Comment:
RMPs have been compiled for a number of dams in the Free State, but very little
has been done so far by DWS to formally manage recreational angling activities.
This is still the mandate of provincial environmental/conservation agencies.
Recreational fishing is widely practised by rural community members.
Appropriate policies to promote greater participation by rural community
members in the recreational angling value chain have the potential to create
opportunities such as decent jobs and food security in rural areas.
Comment:
Is this for subsistence? Is this then the same as a small-scale fisherman?
Recreational fishing in
general.
What is meant with “decent jobs” – RSA minimum wage per month? Noted. Word “decent” is
deleted.
No large-scale, mechanised commercial fishing equivalent to South Africa’s
marine fisheries exist on South African inland waters as the productivity of inland
waters is too low to support such operations. The few existing permitted
‘commercial’ fishing operations are in reality small-scale artisanal fisheries
employing simple manually operated gears such as trek- or gill-nets.
Comment:
This is a very important aspect that must be taken note off – inland fisheries
“are not the goose that will lay the golden eggs” in terms of job creation,
poverty alleviation, rural and economic development. Small-scale fisheries
Noted.
153
development must be based on sound ecological, biological, economic, social
and political aspects, keeping in mind the low productivity levels of inland waters.
Recreational angling is a popular activity on state dams and rivers. The
management of recreational fishing activities on state dams is in the process of
being formalised by the Department of Water and Sanitation, through the
compilation of Resource Management Plans for the major state dams. Many
recreational angling clubs enjoy rights of access to land and water-based
activities on state dams through historical leases and contracts with the
Department of Water and Sanitation.
As inland fisheries are individual user based, small-scale, and geographically
heterogeneous, a devolved, cooperative governance approach based on “co-
management” is most appropriate.
Comment
Very important to note: what is/will be applicable in the temperate Free State in
terms of inland fisheries development, will differ completely to that of e.g. the
warmer and more tropical KZN/Mpumalanga provinces. Every dam is also
unique and must be treated as such in terms of inland fisheries development.
Recreational fishing is widely practised by rural community members.
Appropriate policies to promote greater participation by rural community
members in the recreational angling value chain have the potential to create
opportunities such as decent jobs and food security in rural areas.
Noted.
Little organizational capacity and no dedicated budgets to support inland
fisheries development currently exist. The lack of public sector human capacity,
Capacity building and
training of government
154
skills and budgets to develop and manage inland fisheries is a primary constraint
to the establishment of appropriate institutional and organisational structures to
promote a developmental approach to inland fisheries based on co-
management. Therefore the policy will provide the basis for the establishment of
dedicated resources and capacity for this sector.
officials is one of the
policy Implementation
focus areas.
Appropriate
organisational
arrangements and
capacity will be
established within
mandated national and
provincial departments
to support inland
fisheries governance
including fisheries
management services,
development project
support and research.
155
Fishing Permits and licensesInland fishing activities are currently regulated by the Provincial Environmental
Departments in terms of their environmental acts, ordinances and regulations.
The provincially legislated system of inland fishing permits/angling licenses has
fallen into disuse in most provinces, however, resource users are nonetheless
subject to provincially determined harvest and gear restrictions. There is
currently a lack of consistency with the issuing of permits/angling licenses across
the provinces, hence the need for a policy to harmonise the permitting system.
Comment:
This will be challenging as in certain river systems e.g. the Orange-Vaal the
threatened and protected largemouth yellowfish species occur which is
protected in terms of Free State legislation and national TOPS regulations.
Cognisance must be taken of listed TOPS species in all river systems and dams
in RSA to ensure the continued conservation and protection of these species.
Noted. Suggested
wording (edits) to be
incorporated into the
policy.
Permitting system will
be investigated and the
details will be included
in the implementation
plan and specific
resource management
plans to be developed
for specific
waterbodies. Fisheries
decision-making will be
based on research.
The inland fishery policy is thus designed to promote equity of access and Noted.
156
empowerment of historically disadvantaged groups, but also acknowledging the
rights of current small-scale (subsistence) fishers, to participate in inland fishery
value chains.
Comment:
The rights of existing small-scale fishermen must be protected and
acknowledged. Little organizational capacity and no dedicated budgets to
support inland fisheries development currently exist.
Republic of South Africa Constitution Act (No 110 of 1983)
Comment:Is the date correct?
The correct year to be
inserted.
Provincial Acts, Ordinances and Regulations relevant to inland fisheries. Noted. The edits will be
made in the policy.
Aquaculture Development Bill of 2018. Draft bill by the Department of
Agriculture, Forestry and Fisheries.
Comment:Strangely enough, many people in the aquaculture sector are of the opinion that
the aquaculture bill is not creating an enabling environment for the further
development of the aquaculture sector in South Africa.
Noted.
Within the Republic of South Africa in respect of public inland waters, including
rivers, dams, lakes, wetlands. Waters defined as marine environments in terms
MLRA, which includes estuaries, are excluded from this policy.
Noted. When a new
fishery development or
fishing technique is
proposed which will
157
Comment:
Rivers and wetlands are system of conservation importance as it can be viewed
as “natural systems”. Care should be taken with the development of small-scale
fisheries, especially in terms of allowable and appropriate gear when TOPS
species occur in such systems.
increase harvest levels
in a natural system
(such as a river or
wetland), the
precautionary approach
will be used to ensure
sustainable harvest
levels are maintained.
This may include
experimental pilot
fishing to obtain data to
determine optimal
sustainable yields and
to develop fishery
management plans and
reference points which
fulfil the desired
ecological, social and
economic objectives.
To guide the stocking of fish from hatcheries into public waterbodies for fishery
purposes. (The stocking of fish into public waters for aquaculture grow out is
provided for in terms of the National Aquaculture Policy Strategic Framework
and Aquaculture Development Bill).
Comments:
To guide the stocking of
fish from hatcheries into
public water bodies for
fishery purposes. (The
stocking of fish into
158
FS DESTEA is not in favour of this as the important fishery species in the Free
State is common carp (an alien and invasive species), followed by sharptooth
catfish, Orange River mudfish and smallmouth yellowfish. In terms of fish
parasite and disease control, whoever wants to release alien and invasive, or
hatchery reared indigenous fish species into any aquatic system must be able
to 100% confirm these are parasite and disease free.
In dams with a large number of fish predators (fish eating birds; catfish; otters
etc.) it will be a fruitless exercise to stock any fish/fingerlings.
public waters for
aquaculture grow out is
provided for in terms of
the National
Aquaculture Policy
Strategic Framework
and Aquaculture
Development Bill).
Note:
Deletion to be reflected
in the policy.
Small-scale fishers require assistance to enter both the informal and formal
markets. Where necessary and possible, fishers will be assisted with both
resources and technical support to reduce post-harvest losses, meet phyto-
sanitary requirements and achieve their marketing objectives. Furthermore, the
branding of fish from small-scale fishers could be developed to ensure their
distinction in the market.
Comment:
Who will assist?
Government led by the
DAFF.
The inland fisheries policy is based on a developmental approach to maximize
the potential economic and social benefits and to empower disadvantaged
communities to participate and realise opportunities associated with inland
fishery resources, while acknowledging and enhancing the rights and use of
Existing fishing
communities will be a
key consideration when
issuing fishing permits.
159
inland fishery resources by current small-scale and recreational fisheries. Note:
The proposed wording
is not recommended as
it does not add value to
what the provision
seeks to achieve.
Government officials and small scale, recreational fishery representatives and
other value chain actors will be provided with the fishery management skills to
empower them in implementing fishery management and development projects
on specific water bodies.
Comment:
Who will provide the fishery management skills – hopefully not unscrupulous
consultants who will see this as just another way to establish “hit-and-run”
projects?
The Department will
appoint suitably
qualified service
providers to undertake
this function.
Until national legislation is promulgated, inland fisheries will continue to be governed in terms of the cooperative governance provisions of the NEMA and the provincial environmental acts and ordinances. The DAFF will
negotiate cooperative governance arrangements with the DWS, DEA and
Provincial environmental departments in respect of harmonising existing
environmental legislation with inland fishery policy goals, fishing rights, fishery
management, research, monitoring and compliance.
Comment:
Noted.
160
Important!
Inland Fishing Access Rights and Authorisations
Comment:Very little is said in terms of access in this section. Most dams in South Africa
are surrounded by privately owned land. In some way the agriculture sector (i.e.
farmers/farmer associations/land owners/water user associations must be
involved/consulted?
Access shall not be
denied to state owned
water bodies. Where
access is denied,
access will be
established through
consultation and
establishment of
servitudes.
Stocking of hatchery reared fish into public waters for fishery purposes
Comment:
All these need to take into account all national and provincial environmental
legislation e.g. Threatened and Protected Species (TOPS) regulations; Alien and
Invasive Species (AIS) regulations; National Environmental Management Act
(NEMA); etc.
Noted.
Fish caught on recreational fishing permits will not be sold.
Comment:
Will this recreational fishing permit be the same as the current angling licenses
sold in many Provinces? This point must be scrapped because if a recreational
angler wants to sell some fish to cover expenses of a fishing trip, who can stop
him/her? Who will also enforce this should it be implemented?
Permitting system will
be investigated in terms
of the roll out strategy.
The intension is to
create distinction
between the small
scale and recreational
161
resource use.
Small scale fishers will need to reside near the dam / river where the permit is
issued to qualify.
Comment:
Fully supported.
Noted.
When a new fishery development or fishing technique is proposed which will
increase harvest levels in a natural system (such as a river or wetland), the
precautionary approach will be used to ensure sustainable harvest levels are
maintained. This may include experimental pilot fishing to obtain data to
determine optimal sustainable yields and to develop fishery management plans
and reference points which fulfil the desired ecological, social and economic
objectives.
Comment:
As far as possible no small-scale fisheries should be developed in rivers and
wetlands as these are of areas of conservation importance. Only rod-and-reel
should be allowed for fishing in rivers as gill nets, the most suitable gear for use
in rivers, have the potential to wipe out scarce and endangered fish species,
especially in fragmented river systems where fish populations are confined in
certain sections due to weirs and dam walls.
Fisheries decision-
making will be based
on research.
To develop a new fisheries in altered environments such as dams, where little or
no biological and fishery harvest data is available, morpho-edaphic indices
(MEI’s) may provide an initial indicative upper limit of the fishery productivity of a
Noted. Fisheries
decision-making will be
based on research.
162
water body. In these fisheries, the yield of the first year should be set at a
maximum of 50% of the MEI. Based on the initial years data, the delegated
authority in consultation with the co-management team will take decisions on
appropriate catch rates or if any interventions are required.
Comment:
MEIs provide an idea of the POTENTIAL fish yield of a dam. A large number of
MEIs have been developed with some providing very conservative estimates,
and others more optimistic yields. This potential fish yields are for all fish species
present in a system, and not only for fishery species. Most MEIs formulae use
the average depth of impoundments at full supply, but the reality is that most
large dams’ water levels fluctuate significantly, hardly ever maintaining 100%
capacity. Unscrupulous consultants sometimes use the results of MEIs to
indicate to government officials how many fish can be caught and based on that
how many jobs can be created. The reality is that these projects usually fail as
totally unrealistic expectations have been created. BE CAREFUL WHEN USING MEI’S AND DO NOT PROMOTE IT AS THE “ONE AND ALL” to determine fishery species’ potential yield.The stocking of hatchery reared fish to enhance recreational and small scale
fisheries purposes will be permitted based on ecological risk and fishery
management arrangements agreed between the relevant authorities and
stakeholders in terms of relevant legislation. These stockings if undertaken could
have cost recovery implications to the end users. The DAFF will be responsible
for the permitting and management of the stocking of alien species for fishery
purposes under authority devolved by the DEA in terms of the NEMA and NEM:
Noted. NEM: BA to
rather be changed to
SEMA.
163
BA. Where the ecological risk is low, for example, fishing that targets alien
species or in altered environments such as dams which do contains species of
biodiversity concern, social and economic criteria will primarily determine the
recommended level of fishing effort as well as a suitable gear type to be used.
The DAFF and Provincial Departments of Agriculture will convene the
establishment of inclusive ‘Co-management Committees’ to implement fishery
governance at the provincial level. Capacity building and support will be
provided to disadvantaged fisher groups to participate in co-management
structures.
Comment:
How will DAFF and provincial agricultural departments do this in light of the lack
of capacity (e.g. personnel and budget)?
The department will
undertake needs
analysis of the sector to
determine the resource
support needed.
To ensure sustainable utilisation, inland fishery research and monitoring will be
undertaken as required in order to provide inland fishery management advice
and to draft fishery management plans. This will include:
Comment:
Who will do the research? Who will provide fishery management advice?
Unscrupulous or committed consultants or government?
The Department will
appoint suitably
qualified service
providers to undertake
this function. The
Department has
already started with
undertaking research
on several state owned
dams i.e. Flag
Boshielo, Pongola and
164
Loskop dams.
Understanding of other environmental aspects affecting fisheries including
monitoring of fish health and factors affecting public health.
Comment:
It is assumed that both recreational fisheries and small-scale fisheries are
referred to throughout this section?
Yes.
Inland fishery policy implementation will take into account the historical inequity
in access to inland fisheries resources and will promote development
interventions that empower historically disadvantaged rural communities to
access and realize opportunities within inland fishery value chains.
Comment:
This is not applicable in all provinces, e.g. since 1979 inland fisheries (small-
scale fisheries) were allowed at 11 state dams in the Free State. Any person in
possession of an angling license and that paid entrance fees at reserves and
resorts, were allowed to angle/catch fish with rod-and-reel or artisanal gear. For
the past years, subsistence fishers register at certain reserves, and were able to
obtain an annual entrance permit at a special discounted tariff. These
subsistence fishers received an identification/ membership card once they
obtained an angling license.
The Free State
example is noted.
Government officials will be provided with training in inland fishery management
and will be provided with a “toolbox” of management resources and skills to
Capacitating and
training of government
165
address the inland fishery development opportunities and challenges on specific
water bodies.
Comment:
Who will provide this training? At what cost?
officials is one of the
policy implementation
focus areas.
Appropriate
organisational
arrangements and
capacity will be
established within
mandated national and
provincial departments
to support inland fishery
governance including
fishery management
services, development
project support and
research.
The mandated departments responsible for fisheries, environment and water will
monitor and enforce authorization conditions for access to fish resources, public
waters and land.
Comment:
See the “Operational guidelines for commercial fisheries” that was used in the
Free State.
Noted.
In the transition period preceding the promulgation of national inland fishery It is important to make
166
legislation, prosecutions in terms of provincial environmental acts and
ordinances should only be implemented as a last resort in resolving inland
fishery violations and conflicts. The co-management committees established for
local fisheries will be the primary instrument to resolve disputes and achieve
consensus on legal compliance and enforcement of authorization conditions.
Comment:
Why is this included in the draft policy? Environmental departments have legal
mandates to enforce. There are no current “co-management” committees.
provision for transitional
arrangements in this
policy as it clearly
stipulates the planned
transition.
Confiscation of unauthorised fishing gear by competing resource users is illegal
and undermines the building of the cooperative governance of inland fisheries.
Illegal activities must be reported and dealt with through the co-management
committees and relevant enforcement agencies.
Comment:
Why is this in the draft policy? Delete.
Inclusion of this section
is important to ensure
that any action
undertaken by the
relevant enforcement
agencies is consistent
with the law.
Fishery sub-sector associations form the basis of cooperative governance and
are required to facilitate communication, consultation, and government support.
In the case of small-scale fisher groups, the DAFF in association with provincial
departments of agriculture will facilitate and recognise the establishment of
representative associations. Fishers from any common fishing activity or interest
may form an association and apply to DAFF for recognition. Associations will be
broadly categorized as:
Yes.
167
Comment:
Does this include angling clubs in the district municipalities that are affiliated with
provincial formal angling structures?
‘… DAFF anticipates creating a policy and programme on inland fisheries. The
development of inland fisheries involves developing more economic
opportunities around generally existing fish stock within freshwater bodies and
rivers; in the South African context, the main target is storage dams, of which
there are over 3000 around the country…The job creation potential of such an
initiative is in the tens of thousands, most likely without requiring massive
investment. Another virtue of this development is that it has particular potential
to promote job creation within the former homelands, where many storage dams
have been built, and where their recreational and fish-harvesting potentials have
been especially neglected. Most dams in South Africa are under the jurisdiction
of the Department of Water Affairs, while the fish in these dams are under the
Department of Environmental Affairs; the development of an inland fisheries
policy will therefore require close collaboration with these two departments.’
(DAFF, 2012)
Comment:
Not the case at all as the productivity from inland waters are very low in
comparison to marine fisheries.
The inland fisheries
sector is not fully
understood and
research will be
undertaken to inform
potential yield and
possible job creation.
Based on Water
Research Council
Report, there is a scope
for creation of jobs.
The inland fishing policy is thus designed to align inland fishery governance with
Constitutional requirements for a sustainable development approach to natural
resource utilisation. Achievement of this goal requires a review of the current
The correct date
inserted.
168
governance arrangements, stakeholder inputs and legislative reform where
needed. A recent Water Research Commission scoping study on inland
fisheries provided a comprehensive review of inland fishery governance with
recommendations for policy development (Britz et al., 2014; Tapela et al., 2014).
Comment:
Is date correct – not 2015?
BRITZ PJ HARA M TAPELA B AND ROUHANI QA 2015.Scoping study on the
development and sustainable utilisation of inland fisheries in South Africa.
Volume 1. Research Report. A Report to the Water Research Commission.
WRC Report No TT615/1/1444. http://www.wrc.org.za/Pages/DisplayItem.aspx?