Portfolio Committee - PowerPoint Presentation

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Portfolio Committee

SMALL-SCALE

FISHERIES: DAFF RESPONSE TO GRIEVANCES PRESENTED TO PC ON 25TH NOV 201631st JANUARY 2017

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Presentation Outline

IntroductionExecutive SummaryProblem StatementPurpose of the PresentationLegislative/Regulatory Grievances: Proposals and ImplicationsOperational/Administrative Grievances: Proposals and ImplicationsConclusion 2Slide3

Introduction

The Small Scale Fisheries Policy (SSFP) was developed as a response to an Equality Court order in 2007.

The court order compelled government to redress the inequalities suffered by traditional fishers who conducted fishing and fishing related activities for many years as part of a customary practice, but were generally not given fishing rights.

The SSFP went through an extensive process of consultation with all relevant stakeholders under the oversight of National Economic Development and Labour Council (NEDLAC).The primary aim of the SSFP is to provide redress and recognition of the rights of traditional fishers.3Slide4

Introduction (

cont

…) Some important features of the SSFP, include;Sustainable utilization of resourcesSustaining livelihoodsPoverty alleviation through economic development and job creation, andFood securitySome key principles of the SSFP include community-orientated management, co-management of resources and an allocation of the basket of species.The SSFP was adopted in 2012 and set guidelines for formally establishing Small Scale Fisheries sector.4Slide5

Introduction (cont…)

In 2013 the SSFP Implementation Plan (IP) was finalised. The IP estimated a five (5) year process and a total budget of R424 million.

Accordingly, the MLRA had to be amended to accommodate the small-scale fishing sector.

The MLRA Amendment Bill was extensively consulted on and was signed into law by the President in May 2014. Extensive consultation was done on the draft SSF Regulations, which was based on the SSFP. Feedback was also provided to NEDLAC on the SSF Regulations.The SSF Regulations were approved by Minister and President promulgated the Amended MLRA in March 2016, which allowed the Department to proceed with the SSFP implementation process. 5Slide6

Executive Summary of the presentation

Community representatives and NGOs presented on their state of readiness on the implementation of the SSFP on the 25 November 2016. Their presentations included a number of grievances which were recorded and required a comprehensive response from DAFF.

The presentation addresses each grievance in two categories which are: Legislative and Operational as the responses to the grievances would differ according to each category.

For each grievance an introduction/background and where applicable proposals are provided with timeframes to address the grievance.A total of 17 grievances were recorded and are addressed in this presentation.6Slide7

Problem Statement

A number of communities and small-scale fisher organisations engaged with the Portfolio Committee and presented grievances with regards to the SSFP/ Legislation and to the operational implementation of the SSFP.

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Purpose of the Presentation

The purpose of this presentation is to respond to the grievances raised by the Small Scale Fishers to the Portfolio Committee and to offer proposals to address their grievances.

PERSPECTIVE

The grievances in this presentation are addressed in two broad categories which relate to Legislative/Regulatory and Operational/Administrative Matters8Slide9

LEGISLATIVE/REGULATORY MATTERS

I) Ten (10) Years Fishing Experience considered too long as a criteria:

In the context of customary practices, fishing is a way of life that has been entrenched for many years in coastal communities. Given that fishing stocks are limited, rights can justifiably be allocated to only the most deserving communities, hence the ten (10 )years of fishing experience was consultatively and collectively arrived at and agreed to.PROPOSALPeople with less than the required 10 years fishing experience can work in the co-ops in order to gain the needed experience that will enable them to join as members of the co-ops in the future. DAFF will recognize any commercial nearshore fishing experiencePeople with less than 10 years of experience are still allowed to work for the co-op to complete their ten years of experience before they can be members of a co-operative with a fishing right.As a member of a co-op, a fisher becomes a part-owner of a fishing right and is involved in the management of the co-op and has access to dividends9Slide10

LEGISLATIVE/REGULATORY MATTERS

II) Minimum Age of 18 Years too old as a criteria The Constitution of the Republic of South Africa, 1996 provides that children under 18 years have a right to be protected from work that is exploitative, hazardous, inappropriate for their age, detrimental to their schooling, etc. Fishing is one of the most dangerous professions and the South African Labour law, Regulations on Hazardous work by Children in South Africa prohibits people under 18 years to work in such professions.Most of the commercially harvested fish is landed in the Western Cape which is notorious for its rough seas as evidenced by a number of ship wrecks, names like Danger Point and the Cape of Storms bear testimony to this and this is another reason why cage fish farming in South Africa is almost non-existent.10Slide11

LEGISLATIVE/REGULATORY MATTERS

II) Minimum Age of 18 Years too old as a criteria PROPOSALThe SSF Regulations makes provision for youth to join as members of the co-op after three years once they have met all the SSF criteria, including minimum age. Child-headed households dependent on resources will be considered under the social responsibility of the co-operative in terms of the co-operative constitution.Constitutions of all co-operatives will ensure that co-ops have social responsibility towards child-headed households through e.g. food security, financial donations, bursaries, etc.Youth under 18 years can still be employed as casual workers for the co-operative as long as it does not involve dangerous work such as going to sea.11Slide12

LEGISLATIVE/REGULATORY MATTERS

Implications for changing the 10 years history in fishing and minimum of 18 years of age criteriaDAFF would have to stop the SSF Rights Allocation ProcessDAFF would draft and gazette a new SSF Policy and conduct public consultations in at least the 316 Communities identified in the four coastal provinces. There could be more communities due to the changes in the criteria.MLRA would have to be amended to give legitimacy to the SSF rights allocation and this would take, optimistically, more than a year to accomplish and realistically about two and a half years to achieve. DAFF would find it extremely difficult to justify in court a scenario where there are participants in the communities with less than 10 years fishing experience as this would be contrary to the decision of the Equality Court, and DAFF might end up being instructed by the Court to start the process again.12Slide13

LEGISLATIVE/REGULATORY MATTERS

Three years duration of Small Scale Fishing Rights considered too short

The SSFP recognises the customary fishing practices of traditional fishers and advocates for a life-long right.The MLRA provides a maximum duration of fishing right of 15 years.DAFF announced that SSF rights would be valid for three years because of a precautionary approach given that it is the first time rights are to be allocated to co-ops. PROPOSALGiven that the short duration of fishing rights will not attract investment and economic growth of the co-operatives it is proposed that small-scale fishing rights be given the maximum validity period under the MLRA, which is fifteen (15) years, the same duration given to the commercial sector.Furthermore when the MLRA is reviewed the duration of fishing rights for SSF for a lengthier period should be considered. 13Slide14

LEGISLATIVE/REGULATORY MATTERS

IV) Not sufficient focus on youth

The SSFP does not cover the training of people to become fishers , it only addresses existing fishers that were marginalized.

The SSFP also does not advocate for quotas to be made specifically for youth, but for the community of traditional fishers.PROPOSALCo-ops once established can be used to train youth in the community to become fishers. Minors should be encouraged to complete schoolingDAFF to provide bursary programmes to youth from coastal communities who want to pursue maritime related studies. To be made available from 2018 as part of the annual bursary program.DAFF to facilitate involvement of partners to increase support for youth development in fishing communities. 14Slide15

LEGISLATIVE/REGULATORY MATTERS

V) Not sufficient focus on vulnerable groups

The SSFP recognises vulnerable groups, including women, youth and people with disability.

Although boat-based fishing is mainly conducted by abled-body men the SSFP acknowledges other forms of related fishing activities where vulnerable groups are associated including net building, and process and marketing of fish caught by traditional methods etc. However, all people must still meet the five SSF criteria irrespective of which activity they involved in to be considered as a small-scale fisher.Hence, the SSP, the MLRA and the SSF Regulations do not discriminate or exclude vulnerable groups if they are involved in traditional fishing or fishing related activities. PROPOSALCo-ops constitution will ensure co-ops exercise their social responsibility to vulnerable groups Within the fishing community. This will be evident after the rights have been allocated to the co-op. 15Slide16

LEGISLATIVE/REGULATORY MATTERS

VI lack of Intra-Governmental Support

The SSFP has a wide scope , which is far greater than the MLRA and DAFF.

SSFP recognises the need of partnerships with other organs of state.DAFF is already engaging with NGOs, Institutes, Local Government, and other government departments (DTI, DSSBD, CIPC, DEA, DT, DoT, SAMSA, DPW , etc) to provide support programmes for the small-scale fishing sector. Support programs that are currently being tailored for SSF include:Safety-at-seat, Responsible Fishing, business mentorship, co-op management training, catch data monitoring, internal control systems, value adding etc.PROPOSALDAFF will continue with growing the partnership base for small-scale fisheries. Once Socio-economic baseline data and alternative livelihood study are assessed, DAFF will establish an Inter-Governmental Forum focused at consolidating possible support programs for the SSF sector16Slide17

LEGISLATIVE/OPERATIONAL MATTERS

VII

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eed for individual SSF rights rather than being restricted to Co-operativesThe SSFP provides for rights to be granted to a community-based legal entity (CBLE). Co-operatives have an advantage in addressing socio-economic imperatives of the SSF Communities and can be supported by a number of government interventions.The SSFP advocates for one CBLE per community, which acknowledges limited resources. The MLRA has been amended to include co-ops as a right holding entity and SSF Regulations prescribe rights to be allocated to co-ops that have followed the stipulated process. Co-operative will encourage co-ownership of the resources which will lead to better protection of these limited resources.PROPOSALAny coastal community member who wants an individual fishing right, can do so through applying for a commercial fishing right.17Slide18

LEGISLATIVE/REGULATORY MATTERS

VIII Marine Protected Areas(MPAs) disadvantages traditional fishers

South Africa is required in terms of international commitments to offer protection status to 15% of its Exclusive Economic Zone (EEZ).

This mandate is the responsibility of the Department Environmental Affairs (DEA).DAFF has engaged with DEA regarding the implementation of the small-scale fishery sector and the negative implications the proposed nearshore MPAs would have on communities. PROPOSALProper consultations are required between DEA and fishing communities on the current and proposed MPAs.DAFF to continue engaging with DEA regarding the negative impact these would have for coastal communities.DAFF portfolio committee may also consider engaging with DEA portfolio committee on this issue.18Slide19

OPERATIONAL/ADMINISTRATIVE MATTERS

I) Empty Basket of Species- lack of marine resources to be allocated to SSF

Marine resources are limited and the prevailing trend is a decrease in resource availability as reflected in the DAFF’s Annual Status of the South African Marine Fisheries Resources.The nearshore commercial fisheries, which are mainly SMMEs, compete for the same resources that are required by the small-scale fishery sector.The commercial species which are of interest to both sectors are: linefish, west coast rock lobster, abalone, netfish, oysters, white mussel, squid, seaweed, hake handline, KZN beach seine.A number of these resources were already allocated in the commercial sector in terms of previous rights allocation processes: linefish, oysters, white mussels, squid and hake handline. These rights only expire in 2020.Furthermore, commercial rights have recently been allocated in netfish, seaweed, beach seine and expires in 2028.Commercial rights are yet to be allocated for abalone and lobster.19Slide20

OPERATIONAL/ADMINISTRATIVE MATTERS

Table; Status of resource available to small-scale fishing sector vs commercial.

Resource

Year of allocationCommercial Small-scale FisheriesWest Coast Rock Lobster2016/17Rights allocation TBD 39 tons set aside for Northern Cape(NC) for 2016/17 season (+ 15594 for Interim Relief in NC for this season) Abalone2016/17Rights allocation TBDTBDLinefish201398% of 455 standard boats (95 rights earmarked to be revoked as per S28)2% of 455 (95 rights earmarked to be allocated to SSF after successful MLRA Section 28 in commercial)Squid2013Total Allowable Effort of 270 000 person days - fully subscribed Envisage 25% of Allowable Effort

Netfish

2016/17

112 of

available 145 netfish rights allocated

45 rights reserved for small-scale

fisheries -

Olifants river only.

Balance of remaining allocation to made available to SSF after appeals.

Hake handline

2013

2572 tons

2093 tons

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OPERATIONAL/ADMINISTRATIVE MATTERS

Making resources available that is currently allocated to commercial right holders is a challenge.

Commercial rights cannot simply be revoked in order to make provision for the small-scale fishing sector as that would invite legal challenges.

The Department is also mandated to make allocations that are sustainable so as to prevent overfishing and to ensure that fisheries sector as a whole does not collapse.ResourceYear of allocationCommercial Small-scale FisheriesOysters201372 pickers allocated 73 pickers availableWhite mussel201347 pickers allocated9 pickers availableSeaweed

2016

8 concession areas

15 concession areas available

KZN Beach seine

2016

30 operators allocate rights

All requests will be accepted for KZN co-operatives

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OPERATIONAL/ADMINISTRATIVE MATTERS

PROPOSAL

Prioritize small-scale fisheries in the remaining allocations of lobster and abalone in 2017.

Amend Section 21 Policy to prioritize transfer of rights from commercial nearshore to small-scale fishing co-operatives.Immediately revoke commercial rights of right holders not effectively using their rights or is none compliant and provide a mechanism to transfer the right to small-scale fishing co-operatives.For rights that expire in 2020 it is proposed that the TAE be reduced by imposing further effort limitations such as sea days in order to accommodate small-scale fishing sector with the same imposed effort limitation. Preference should be given to the small-scale fishing sector when nearshore commercial fishing rights expire in 202022Slide23

OPERATIONAL/ADMINISTRATIVE MATTERS

II) People did not know about the registration process

Expression of interest was launched for more than a year for communities to register.

A database of people who expressed their interest was kept and SMSs and phone calls were made to inform them of DAFF’s visitation schedule to their communitiesPrior to the registration process, DAFF notified communities via local radio, newspapers, tv, website, Facebook, calling representatives, contacting local traditional councils, district and local municipalities. Furthermore, a week before the registration, mobilization was done through loud hailing, distribution of pamphlets, placing of posters in prominent venues. PROPOSALPeople who did not register can still work for the co-operatives and are encouraged to apply for future rights allocations23Slide24

Operational grievances – Registration Process

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OPERATINOAL/ADMINISTRATIVE MATTERS

III

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oncern that a number of fishers did not appear on the Provisional ListsThe Department requested communities to nominate community panel members to assist with verifying the applicants according to the Small Scale Fisheries Policy criteria. In some cases, community panel members used the opportunity to exclude some fishers from the list. Tip-off lines were available for communities to report people that they suspected were not eligible for registration. However, no tip-offs were received for all four provinces. PROPOSALUnsuccessful fishers are encouraged to complete appeals process, which will be assessed by DAFF alone. Fishers are encouraged to use the support provided by DAFF in the completion of the appeals form and are discouraged from using consultants who charged them a consultation fee.Grant of right letters will be drafted to reserve the right of DAFF to remove co-op members if found not to meet the SSF criteria at a later stage.25Slide26

OPERATIONAL/ADMINISTRATIVE MATTERS

IV) Appeals Process is difficult

Provisional lists of successful fishers have been announced for NC, WC and EC communities.

Unsuccessful applicants who know they meet the criteria are encouraged to appeal. Appeals form is simple it is only 1.5 pages long and translated into the four coastal languages.DAFF provided guidelines in the four coastal languages on how to complete the appeal form.Those who wish to appeal can go to any of our Fisheries offices to request for assistanceAll those who registered and unsuccessful were sent SMSs with details of how to appeal and who they can contact for assistance. PROPOSALUnsuccessful applicants are encouraged to use DAFFs trained Fishery Community Development Workers for assistance with regards to the appeals process.26Slide27

OPERATIONAL/ADMINISTRATIVE MATTERS

V Appointment of Amagagasoshintsho

The

Branch: Fisheries Management has no offices or capacity to carry out its mandate in KZN. Ezemvelo KZN Wildlife have been contracted by the Department over many years to carry out the Department’s mandate in KZN including research, enforcement, permitting, catch data monitoring and implementation of small-scale fisheries. Individuals were sub-contracted by Ezemvelo under EPWP to address the latter two activities. These individuals were responsible for catch data monitoring and assisting communities in terms of the implementation of SSFP and not law enforcement.These individuals were not related in any way to law enforcement and were not officials of Ezemvelo KZN Wildlife.When contracted was terminated with Ezemvelo, Amagagasoshintsho was appointed under a three year EPWP contract to continue the mandate of catch data monitoring and implementation of SSFP.Amagagasoshintsho is a 100% black owned company and its not a security company. DAFF’s Deputy Minister visited KZN in Dec 2016 and this issue was raised by the same person and it was ascertained that communities had no issues with the company. 27Slide28

OPERATIONAL/ADMINISTRATIVE MATTERS

V Appointment of Amagagasoshintsho

PROPOSAL

DAFF could prematurely terminate the contract with Amagagasoshintsho, which would imply that DAFF would be required to provide full compensation to the company for the remaining years of the contract. In doing so the implementation process of SSFP, which was already delayed in acquiring a service provider, would suffer another 8 months delay in acquiring a new service provider under open tender for KZN. Premature termination of this EPWP contract will likely result in legal challenges which the department will lose.Alternatively, Amagagasoshintsho could be allowed to complete the contract and then DAFF requests for a rotation of service provider, which is supported under EPWP. If the second option is preferred, DAFF will develop a stakeholder Engagement and Communication plan to address the perceptions. 28Slide29

OPERATIONAL/ADMINISTRATIVE MATTERS

VI Depleted Marine Stocks

The

Department shares the same concern with stakeholders regarding depleted marine resources and apparent decreasing trend of resource availability for many species. The current status is that there is not sufficient marine resources to support all the current stakeholders let alone accommodating more fishers. This is clearly displayed with a number of commercial right holders and traditional fishers no longer involved in the fishing industry as they have found it not to be economically viable.PROPOSALAquaculture, ranching and experimental fisheries are considered as supplementary activities for the small-scale fishing sector.Alternative livelihood studies are also currently being conducted to see what other forms of economic activities are available for small-scale fishing communities. 29Slide30

OPERATIONAL/ADMINISTRATIVE MATTERS

VII Fisher Security

As stated earlier the scope of the SSFP is broader than the MLRA and DAFF.

Fisheries security is important as it also relates to the dignity of the fishers.This is planned to be fully addressed in the last phase of the implementation of the SSFP PROPOSALPost the rights allocation process DAFF will facilitate various support programmes for small-scale fisheries co-operatives, including safety-at-sea and the possibility of sea accident fund.Furthermore, DAFF will increase engagements with other government departments including Labour, Social Development and Transport. 30Slide31

OPERATIONAL/ADMINISTRATIVE MATTERS

VIII Eastern Cape Abalone

The purpose of the Eastern Cape Abalone project was to determine if there are sufficient quantities of abalone to be exploited on a commercial basis.

The experimental abalone fishery in the Eastern Cape has been the subject to much controversy, mainly due to the fact that the fishery was not managed in terms of any form of legal structure. Identification of Communities was a challenge , payment methods were not easy, there were allegations for ghost community members, communities were not physically involved in the harvesting of abalone, and reported catches were very low compared to the large number of community members that needed to be paid, and problems with poaching.PROPOSALThe experimental abalone report once finalized will be submitted to the PC.To address these challenges future experimental abalone fisheries should be conducted by the small-scale fishery co-operatives. The co-ops should be given the permit and should choose for themselves if they want to receive training to harvest the resource or whether they would like to contract divers to work on their behalf. 31Slide32

OPERATIONAL/ADMINISTRATIVE MATTERS

IX Communication

Communication with communities remains a challenge despite the many methods used by the Department to disseminate information.

This is also made worse by the lack of staff capacity to implement SSFP as 7 staff if responsible for over 300 communities along the coast line of SA.PROPOSALConsideration should be given to increase the capacity of the Directorate: Small-scale fisheries managementDAFF to draft a stakeholder engagement plan.To ensure an inclusive accountability and responsibility to assist in providing solutions, DAFF will establish a participatory structure.That structure will allow maximum involvement for decision making on all matters of the implementation of the small scale fisheries.The DDG: Fisheries Management will chair the participatory structure.32Slide33

Conclusion

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DAFF remains committed to engage with all fisher stakeholders (commercial and small-scale fishers) to grow the economy, create jobs and enhance food security.

In addition, DAFF endeavours to put necessary structures in place to specifically promote the socio-economic development of coastal fishing communitiesSlide34

Acronyms

DAFF: Department of Agriculture, Forestry and Fisheries

DEAT: Department of Environmental Affairs and Tourism

SSF: Small-Scale Fisheries NEDLEC: National Economic Development and Labour CouncilMLRA: Marine Living Resources ActDTI: Department of Trade and IndustryDSSBD: Department of Small Businesses CIPC: Companies and Intellectual Property Commission DEA: Department of Environmental Affairs DT: Department of TransportSAMSA: South Africa Maritime Safety AuthorityDPW: Department of Public WorksCBLE: Community-Based legal entityEPWP: Expanded public works programTAC/E: Total Allowable Catch/Effort

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