DAFF Food Security Policy - Zero Hunger & Masibambisane (2012 Presentation)
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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
Email: [email protected]/[email protected]
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.
Comment Response Action taken
Ms Mhlongo enquired on why the Inland Fisheries policy’s social and economic
objectives were abandoned in the 1980s as was mentioned in the presentation.
There was a shift from
fisheries promotion to
conservation. This led
to socio-economics
aspects being
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abandoned and the
environmental
protection taking
precedence.
Ms Mhlongo asked why NEMBA does not form part of the constitutional
legislation that is mentioned in the presentation.
The NEMBA is one of
the specific
environmental acts
under the umbrella
legislation, NEMA.
How do we better empower the fishers and promote food safety procedures for
them, particularly those who sell their fish on the side of the road. Ms Mhlongo
added that the fishers need to be given appropriate resources which include
cooling bags, ice etc. and Mr Van Rooyen added that the fishers need to be
trained to think beyond selling on the road but actually moving into the next step
of value addition.
Needs analysis will be
undertaken to identify
training, education and
awareness required
regarding food safety.
Training, education and
awareness will be
provided in line with the
recommendations of
the needs analysis.
Food safety
programmes will be
developed. The public
will be provided with an
opportunity to
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participate during the
development of the
food safety
programmes.
Fisheries management
strategies will be
developed in support of
the policy. The public
will be provided with an
opportunity to
participate during the
development of the
fisheries management
strategies.
The policy is explicit on
support and training of
the fishers on matters
related to value chain
development.
Mr Van Rooyen asked if there is a framework developed on how the policy is
going to be developed.
The process diagram
showing the policy
drafting process as
outlined in the
presentation was
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discussed to answer
the question.
Ms Mhlongo enquired on how conflict will be averted and how fishers will be
protected from intimidation.
Through co-
management structures
that will be established
at water body level.
This will be the first
step towards conflict
management. The next
step would be to take
the matter to Provincial
Working Group and
finally National Working
Group in instances
where the matter is not
resolved at the other
spheres of government.
Compliance procedures
will be developed.
It was reported that they often get requests from fishers to develop business
plans for them and that it’s difficult to make financial projections due to the fact
that they cannot predict their catch on a daily basis.
Stock assessments will
be conducted by
researchers and that
catch limits will be
made based on that
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assessment. A
precautionary approach
will be applied on all
water bodies.
Recommendation is
made for partnership
with Small Business
Development and its
implementation
Agencies i.e. Small
Enterprise
Development Agency
(SEDA) and Small
Enterprise Finance
Agency (SEFA).
Further information can
be accessed on the
following websites:
www.seda.org.za;
www.sefa.org.za
Mr Van Rooyen enquired at what stage provinces will have to get involved in the
implementation of the policy. He further mentioned that the proposed
implementation plan for the development of the policy will take very long and
said that the MEC of Agriculture within KZN has made it clear that they must
Engagements with
provinces have already
begun; surveys are
underway and pilot
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accelerate Fisheries and Aquaculture initiatives. projects are already
being undertaken.
However, according to
the timelines in the
presentation,
implementation of the
policy is envisaged to
start in September
2020 and this is a
legislative process with
its own timelines, due
diligence must occur.
The policy is limited to
Inland Fisheries and
does not include
aquaculture.
Ms Mhlongo mentioned that researchers will play a crucial role in this process as
its currently unknown what fish is in our water bodies
We are going to follow
a research based
approach to inform
fisheries management
plans. The ecosystem
approach to fisheries
(EAF) strives to
balance diverse
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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
approach to fisheries
within ecologically
meaningful boundaries.
Stock assessment will
be conducted and
decision-making will be
based on scientific
evidence. The surveys
are currently underway
to determine fish stocks
Ms Mhlongo enquired if DAFF will provide money for programmes that will arise
as a result of the policy.
The Department will
consider internal
funding mechanisms
and approach the
National Treasury.
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Ms Buthelezi mentioned that although she does not have a fishing permit, she
has been fishing almost all her life and would like to have access to a boat.
Women participation is
being promoted in the
inland fisheries sector
and they should rightly
realise the benefits that
will come with
formalisation of the
sector through the
policy. Infrastructure
needs analysis will be
performed to inform the
needs of the sector.
Ms Mthembu further asked if aquaculture training can be provided for co-
operatives and what the process entails.
With regards to
aquaculture, the DAFF
provides training at an
aquaculture facility, the
China-South Africa
Agricultural Technology
Demonstration Centre
in Gariep, Free State
and with regard to the
Inland Fisheries,
training will be
provided.
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Mr Qwabe mentioned that aquaculture is a better option to fishing due to the fact
that they will not always be fish available while with aquaculture, one is able to
increase production.
The primary focus of
the National Freshwater
(Inland) Wild Capture
Fisheries Policy is the
sustainable harvesting
of natural fish stocks.
There will be links to
aquaculture in areas
where restocking is
required. Mr Qwabe will
be advised on
aquaculture separately.
Mr Iswalal enquired about enforcement measures taken against factories that
pollute water bodies within the province.
Factories are supposed
to be in possession of
discharge permits
which clearly stipulate
how much can be
discharged into water
bodies. Furthermore,
Mr Iswalal was advised
to report the unlawful
activities to the
departments
responsible for water
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management and
environment.
Mr Bethuel asked if fishing will be allowed in private dams. The National
Freshwater (Inland)
Wild Capture Fisheries
Policy is limited to
public water bodies and
not privately owned
dams.
Mr Buthelezi mentioned that there is a lot of delays with regard to issuing of
permits within the KZN province and that Government processes in general are
very slow.
The development of the
National Freshwater
(Inland) Wild Capture
Fisheries Policy will
seek to harmonise
provincial legislation,
resulting in faster
service delivery efforts.
Mr Ntuli gave a brief description of how the inland fishing was conducted in the
past and that in those dams where the activity is conducted, black people are
not allowed and are harassed by the owners of the dam. He emphasized that
there were state hatcheries that were operational in the past and controlled by
government. However, now they are not operational. He asked if those
hatcheries would be re built and reused for the inland fisheries and who is going
to build those hatcheries. He added that, radical economic transformation should
The public must be
educated on available
state owned dams as
well as their rights to
access state owned
waters. Developing this
policy will assist in
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be at the forefront when developing this policy. addressing equitable
access to the fisheries
resource. The
harassment and conflict
of fishers must be
reported to the
Department and will be
dealt with on a case by
case basis, until the
policy is implemented.
Government is aware of
the hatcheries that
were operational in the
past. The needs
analysis will be
undertaken and the
outcomes of the
analysis will determine
the infrastructure
support required.
Transformation is an
important component of
the draft policy.
Mr Mdluli enquired whether Government will assist fishers with supply of fish to The drafting of this
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the markets and who will be allowed by the policy to market the products. policy takes into
consideration the entire
value chain and
therefore aspects
related to marketing of
wild caught fish
products are covered
by the policy.
Individuals may market
fish products that are
safe for human
consumption as per the
food safety standards.
Mr Ngubane remarked that there are a lot of fishermen and fishing communities
that are not present at the consultation due to distance and felt that these people
should also be reached and be given an opportunity to give inputs to the draft
policy document.
The concern raised is
acknowledged. In the
next round of
consultation, the state
will ensure that broader
and more focused
consultations occur and
that most communities
are visited and invited
to the consultation.
Mr Mahlub’ahlangene Radebe appreciated the consultation that is conducted by All user groups will be
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the Department and added that 45 days of consultation was not adequate. He
also gave a brief history of how fishing was done in his community, giving
illustration about Jozini Dam. Explaining that the indigenous fish gears that were
used ensured that the stock is sustainable. He also explained that, in the past,
the state would pass laws without consulting the communities and that has led to
all kind of conflicts. He emphasized, if consultation is conducted to the
communities, the state employees would consider comments from white
communities than comments from the black communities. He advised that this
should be avoided and indigenous knowledge should be strongly considered
when developing the policy.
recognised, including
historically
disadvantaged
individuals. In the next
round of consultation,
the state will ensure
that broader and more
focused consultations
occur. 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. The
approach that will be
taken by the policy will
consider social and
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economic aspects
involved within the
inland fishery sector
and this includes
indigenous knowledge.
Mr Ngubane queried the long period between the closing date for inputs and
implementation date, which is almost three (3) years. He mentioned that interim
relief must be granted as people are hungry and cannot wait for that long.
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
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
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measures that can be
implemented within the
current legislative
framework (before the
implementation of the
policy).
Mr Ngubane proposed that indigenous knowledge and customary rights must be
recognised.
The suggestion is noted
and it will be
considered.
Mr Radebe made the following comments:
Conflict always arises when a resource is shared and in the case of
inland fishery, black people are seen as thieves when they fish.
Zoning should be well articulated in the policy document;
Stock assessment and enhancement must be enforced.
The policy seeks to
address the conflicts
experienced at dam
level ensuring equitable
access for all
subsectors.
In developing resource
management plans,
zoning is one of the
tools to consider for
different reasons
including ensuring
equitable access. Stock
assessment will be
undertaken at the
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specific water body
before a fishery is
established and
enhancement will be
done based on
research on specific
water bodies.
Mr Nyawo mentioned that wrong people must not be hired to do research as
people who are fishing at Jozini dam are constantly being told that it is illegal to
do so at the dam. Mr. Ntuli advised that all environmental laws should also be
considered for review. He explained that, the current laws are still catering for
white communities and depriving black communities.
Noted. The Department
will undertake research
within the laws of the
country if procurement
of external services is
required. Skilled
officials within the
Department are already
undertaking surveys on
some of the
waterbodies. The
legislative review will be
conducted to determine
which laws are involved
in the sector and
informed which laws
need to be amended or
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repealed.
The policy should focus on the breed and production rather than the animal per
se. The policy should also find consensus with the conservation boards like the
Mpumalanga Parks Board.
The question is linked
to aquaculture.
However, this policy is
for wild capture
freshwater fisheries and
not for aquaculture.
Even though there
could be overlaps
particularly on
restocking of dams
from aquaculture
hatcheries.
Why not an inland fisheries strategy rather than the policy We have to develop a
policy because it
provides plans,
positions and guidance
on decision making and
therefore differs from
strategy. Development
of legislation depends
on the available policy
rather than the
strategy. However the
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Department intends to
develop a strategy at a
later stage aligned to
this policy.
The intergovernmental consultations were too thin as it would have been better to
have had internal interactions before going to public.
Noted. The suggestion
will be considered and
adjustments will be
made for second round
of consultations.
Intergovernmental
consultations will be
undertaken well in time
before public
consultations.
There is a fundamental misunderstanding between aquaculture and inland
fisheries.
Noted. The definitions
in the policy provide the
distinction between
aquaculture and inland
fisheries.
There is a knowledge gap between aquaculture and fisheries. Noted. Clarity will be
provided in the second
draft of the policy.
Why not have a policy on aquaculture and fisheries that will umbrella both. The Department is
currently developing the
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Aquaculture
Development Bill (for
fish farming) and the
National Freshwater
(Inland) Wild Capture
Fisheries Policy (for the
wild caught freshwater
fisheries).
How will the policy harmonise the provincial fragmentation of conservation and
aquaculture.
The policy aims to
balance environmental,
social and economic
aspects in the inland
fisheries in line with the
Constitution. The
Department is currently
developing the
Aquaculture
Development Bill which
will regulate fish
farming once enacted.
Have we been out there and see what is happening on the ground (rivers and
dams)?
Yes. Research is on-
going. The Department
participates on co-
management structures
19
and issues identified on
such platforms have
informed certain
aspects of the policy.
The public may further
contact the Department
should there be any
fisheries activities that
the Department may
not be aware of.
The policy should address the issues of poaching and stock assessments. The intension of the
Department is to
undertake stock
assessment prior to
establishment of a
fishery on a specific
waterbody. The issues
related to law
enforcement are
covered in the policy
and the Department will
work with the relevant
law enforcement
agencies to address
20
non-compliance
concerns including
poaching.
How will the policy address the issue of policing the resources? The policy will provide
for law enforcement on
the water bodies and
the Department will
work with the relevant
law enforcement
agencies to combat
non-compliance. The
needs analyses study
will be conducted to
identify details
pertaining to law
enforcement
requirements.
How does the policy classify indigenous and alien species (case study of trout)? The policy is aligned to
classification of
indigenous and alien
species as per NEMBA.
What support do DAFF need from the province? The provincial
departments are an
integral part of the
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sector growth and their
involvement is required
during the policy,
strategy, resource
management plans
development and all
other sector
management activities.
The policy should emphasize on permitting to avoid cases of overfishing. Yes. The policy does
cater for permitting as
suggested. A study will
be conducted on the
permitting system
before it is
implemented.
The policy should address the issue of associations, especially for small scale
fishers.
Yes. The policy does
encourage
establishment of
association across the
entire sector. The
Department further
noted that the
associations are well
developed within the
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recreational fisheries
subsector. There is a
need for establishment
of associations within
the small-scale
fisheries sector.
Can the policy under capacity and training look at having inland fisheries in
colleges and funding should be prioritized.
Noted. This aspect
forms part of policy
implementation in terms
of training and capacity
building.
Does the policy cover crustaceans? Yes. The term “aquatic
organism” will be
defined and the
definition will include
crustaceans and plants.
Proposed definition:“aquatic organism’’ means
any animal, including its eggs
and gametes, any plant
or other living matter that
lives wholly or predominantly
in water for all or part of
its lifecycle, but excludes
crocodiles, mammals, birds
and any other
organism prescribed not to
be an aquatic organism for
the purposes of this policy;
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How will the policy address the environmental approach to agriculture as the
legislations are based on conservation and not 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
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.
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The confusion between aquaculture and capture fisheries should be clearly
defined in the policy
Yes. The distinction will
be made in the policy
document.
Does the policy look at reopening the hatcheries? Yes. Government is
aware of the hatcheries
that were operational in
the past and currently
non-functional. The
needs analysis will be
undertaken and the
outcomes of the
analysis will determine
the infrastructure
support required and
reopening of the
hatcheries will be
considered based on
the recommendation of
the analysis.
Does the policy talk to business or just subsistence? Both aspects are
considered.
The policy should make it a priority for government to align the policies to talk to
each other and the reach out of the policy should outline the opportunities on the
ground.
One of the objectives of
the policy is to create
coherence regarding
25
the inland fisheries and
the economic
objectives are outlined.
The policy should not promote alien species restocking for fisheries but rather
promote harvesting that will reduce the stocks.
Restocking will be done
in accordance with the
law i.e. NEMA and the
Specific Environmental
Managements Acts.
Workshop participants requested for capacity building and training on fisheries
harvesting techniques.
Noted. The policy
provides for training of
fishers under capacity
and training. The needs
analysis will be
conducted to establish
training and capacity
needs throughout the
sector. Training and
capacity building will be
provided in line with the
recommendations of
the analysis.
Concerns were raised on issues pertaining to accessibility of state owned water
bodies. The public reiterated that the policy should strongly advocate that the
public should be permitted to utilize state owned water bodies for economic
Access to state-owned
water bodies shall be
granted provided the
26
development/empowerment purposes. required permits are
obtained. Where
access is denied,
access will be
established through
consultation and
establishment of
servitudes.
The legal vehicles pertaining to the utilization of state owned water bodies
should be fair, i.e. a person harvesting a ton of fish per month should pay less
permit fees than an individual harvesting 2 tons.
An appropriate fee
structure will be
determined during
implementation in
consultation with
National Treasury.
Suggestions were made that the policy should consider exempting small-scale
fisheries from permit fees.
An appropriate fee
structure will be
determined during
implementation in
consultation with
National Treasury.
Inclusion of fisheries courses in the curriculum of FET colleges. This aspect forms part
of policy
implementation in terms
of training and capacity
27
building. The
Department will explore
multiple training
opportunities.
The policy should also focus on addressing issues of eutrophicated water
bodies, impact mitigation measures and treatment strategies if possible. In
addition to this, the policy should have a plan on how to deal with institutions
polluting water bodies, i.e. mines.
The Department will
consult with the
relevant government
departments
responsible for
managing water and
environment when
developing resource
management plans and
the strategy.
The policy should also have a section where guidelines of acquiring a fishing
permit are comprehensively outlined.
Noted. An
implementation plan
outlining guidelines will
be developed at a later
stage.
Policy should also consider the provision of financial support to small scale
fisheries i.e. National treasury, Comprehensive Agricultural Support Programme.
The Department will
consider internal
funding mechanisms
and approach the
National Treasury.
28
Request was made that the policy should include crustaceans. Noted. The term
“aquatic organism” will
be defined to include
crustaceans.
The policy should consider market research, i.e. market value of fisheries
products.
The policy takes the
value chain approach
for the entire sector.
Research on the
markets will be
undertaken as part of
the value chain
development. This is
the responsibility of
both government and
the private sector.
Does the policy determine the conditions of the permits (e.g. Will the permits
determine the mash size of the nets).
An implementation plan
outlining the general
conditions of the
permits will be
developed. Specific
conditions informed by
research will be
determined when the
permits are being
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issued.
How will the DAFF educate people on the application of permits This aspect forms part
of policy
implementation in terms
of training and capacity
building. The
Department will explore
multiple training
opportunities.
Furthermore,
awareness campaigns
will be initiated to
educate people on the
issues pertinent to this
policy including permit
applications.
The province experiences high rate of fish poaching (unlicensed fishing of
depleted species) and using illegal nets.
The policy provides for
law enforcement on the
water bodies. The
Department will work
together with the
relevant law
enforcement agencies
within all spheres of
30
government to combat
the illegal activities on
the waterbodies. The
resource users and law
enforcement personnel
will be capacitated on
the appropriate gear
types backed by
research to ensure
sustainable fisheries.
Some poachers use vehicle tubes to fish and again they don’t have jackets for
fishing which put their life on risk
The policy will provide
for law enforcement
and safety on the water
bodies. The resource
users and law
enforcement personnel
will be capacitated on
the appropriate gear
types backed by
research to ensure
sustainable fisheries.
The challenge is that SAPS does not have mandate to deal with these issues. Once the policy is
implemented the
ownership of the fish
31
will be clear and SAPS
and other law
enforcement agencies
in all spheres of
government will be
required to enforce the
law.
More copies on both presentation and policy must be enough for everyone
present
Noted. More copies of
the presentation and
the policy will be made
available at the second
round of public
consultations.
How the province will assist black farmers on security issues because they are
threatened by white farmers.
The policy focuses on
catching of wild fish in
the state-owned
waterbodies and not
farmed fish. The policy
deals with the
permitting and legal
access to the
resources. People
undertaking illegal
activities will be dealt
32
with in accordance with
the law.
Community members request the provincial department to establish small-scale
association so that it will protect the black farmers on various issues
The establishment and
participation of
associations specific to
inland fisheries is
recognised in terms of
the policy. The small-
scale fishers are
encouraged to establish
formalised associations
in order to participate
on the proposed
provincial and national
working groups
amongst other activities
as outlined by the
policy.
How does the policy assist community/fish farmers to access private dams The policy focuses on
catching of wild fish in
the state-owned
waterbodies and not
farmed fish.
Furthermore, the
33
regulation of private
dams is outside the
scope of the policy.
Access shall not be
denied to state-owned
water bodies. Where
access is denied,
access will be
established through
consultation and
establishment of
servitudes.
How does the policy support farmers to access fish nets and permits/certificates The policy focuses on
catching of wild fish in
the state-owned
waterbodies and not
farmed fish. Fisheries
management strategies
will be developed in
support of the policy.
The public will be
provided with an
opportunity to
participate during the
34
development of the
fisheries management
strategies.
Does the policy have clause on regulating pricing of fish. No. The department will
consider the entire
value chain for fish in
consultation with the
National Treasury.
What is the role of SAPS on illegal fishing (fish poaching) Once the policy is
implemented the
ownership of the fish
will be clear and SAPS
and other relevant law
enforcement agencies
will be required to
enforce the law.
Co-management – How does the policy make provision on government
entities/agents (North West Parks Board) to provide support on fishers?
The policy promotes
establishment of co-
management
structures. Relevant
governmental and
nongovernmental
organisations will form
part of the structure as
35
proposed for the
establishment of the
specific resource
management, provincial
and national working
groups.
Will the policy make provision on the protection of the industry during drought
(drilling of boreholes will be considered as supplement to that)
The strategy will deal
with harvesting of fish
and the required effort
during drought periods.
The primary objective
of the policy is
harvesting of fish. The
drilling of boreholes is
not in the scope of this
policy, however the
department will engage
the relevant
departments on issues
related to drought
mitigation measures.
Will the policy make provision on restriction of waste management on dams
( elimination of dam contamination)
The Department will
consult with the
relevant government
36
departments
responsible for
managing water and
environment when
developing resource
management plans and
the strategy.
Will policy make provision on fish branding from fish farmers (for the purpose of
sales)
The policy focuses on
catching of wild fish in
the state-owned
waterbodies and not
farmed fish.
Will the policy make provision on access to formal market (e.g. retail stores –
Pick ‘n Pay)
The department will
consider the entire
value chain for fisheries
sector inclusive of
possible markets.
Will the policy make provision on capacitating communities on fishing, farming
and in diving?
This aspect forms part
of policy
implementation in terms
of training and capacity
building. Capacity
building will be provided
relevant to the fisheries
37
activities.
Will the policy makes provision on support to fishers and farmers in the form of
transport and building of storage?
The department will
undertake needs
analysis of the entire
inland fisheries sector
to determine the
infrastructural support
required.
Will the policy reflect the funding model? The Department will
consider internal
funding mechanisms
and approach the
National Treasury.
How will the policy assist on fast tracking of permits application because the
current system is frustrating? It took more than a year to get permit from the
Department of Water and Sanitation
The policy seeks to
streamline permit
applications as required
by all mandated
departments. This will
lead to shortened time
frames.
How will the fishers be protected from net fishing especially by foreigners The policy will provide
for law enforcement on
the water bodies. All
South African citizens
38
have the right to fish on
inland waters subject to
the applicable access
rights, permits and
prescribed regulations.
The permits will
indicate the appropriate
fishing gear to be
utilized.
Does the policy make provision for dam fencing? Dam fencing is not in
the scope of this policy.
However it makes
provision for law
enforcement on the
water bodies.
Does the policy attract youth in fishing industry, if yes, will it make provision for
training
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
39
capacity building.
Fishers requested the province to source additional funding Noted.
Co-management – the policy should involve participation of Tribal Authorities
(Headman & Indunas)
Noted. Traditional
leaders, indigenous
knowledge systems
and customary rights
are acknowledged in
the policy.
Policy must not allow overnight fishing. This will be catered for
by the strategies and
resource management
plans that will be
developed once the
policy is implemented.
Transitional arrangements – The stakeholders feel that the estimated due date
for the finalisation and approval of National Inland Fisheries Policy is too far.
They propose the Department to do temporary arrangements in the meantime.
According to the
timelines in the
presentation,
implementation of the
policy is envisaged to
start in September
2020 and this is a
legislative process with
its own timelines, due
diligence must occur.
40
However, the
Department will seek
legal advice on the
intermediate measures
that can be
implemented within the
current legal framework
(before the
implementation of the
policy).
Policy must state clear on people/organisation misusing state funds. South African Criminal
Law and the Public
Financial Management
Act dictate what should
happen when public
finances are
mismanaged.
Community requested the policy to be translated into African languages (mother
tongue)
Noted. The request will
be taken into
consideration for
second round of pubic
consultations.
Community members request the department to support them in terms of
training (with accredited institutions where they will get certificates)
This aspect forms part
of policy
41
implementation in terms
of training and capacity
building. The
Department will explore
multiple training
opportunities and
consider accreditation
in consultation with the
training facilities and
relevant departments.
Community members indicated that the policy is silent on fish farming and make
recommendations that the second draft must reflect those issues
This policy focuses on
inland capture fisheries.
Fish farming is
regulated through
separate piece of
legislation.
Community members urge department to invite local government in future Noted. Local
government is already
being consulted on the
National Inland
Fisheries Policy.
The policy must reflect the corrective measures to people who misuse state
funds
South African Criminal
Law and the Public
Financial Management
42
Act dictate what should
happen when public
finances are
mismanaged.
Data capturing reports must be done monthly and submitted to DAFF Recommendation is
noted and will be
catered for by the
strategy and the
resource management
plans.
Martin Davis: The estimated figures provided by DAFF of 1.5 million participants
for recreational fishing are low, the recreational fishing sector inclusive of the
value chain accounts to R 182 billion.
The subsector is not
well understood at the
moment and the 1.5
million participants
figure is estimation from
the limited information
available on the sector
as reported by Water
Research Commission.
A full study will be
undertaken to
determine the full value
of the entire sector.
Martin Davis: There are concerns regarding co-management structure. There DEA will form part of
43
should be interdepartmental collaboration between DEA and DAFF as both the
environment and socio economic aspects are important in the inland fisheries
sector.
the National Inland
Fisheries Working
Group as per the co-
management structure
to address
environmental
management issues.
There is a lot of experience in terms of co-management that DAFF can draw
from especially in the Fly Fishing sector.
Noted. The DAFF is
open to consult the
public including the
different stakeholders.
The relevant role
players such as the
association may form
part of the co-
management structure.
The co - management structure should consider the end user and how they
control the fishery as they will protect and manage the resource in terms of socio
economics and this is not taken into consideration by DEA mandate.
Noted. This is provided
for by the policy.
The Fly Fishing sector requires a protective legislation that will protect both the
fishery and the sport as this was taken away.
The policy aims to
develop the inland
fisheries sector and
protection of the users
through clear definition
44
of the user right is
provided for by the
policy.
The policy seeks to
protect stocks as it will
be taking a
precautionary
approach. The sector in
general will be
protected.
Ellan Hopsin: There should be caution in terms of over regulation of the sector.
The fly fishing club will ensure that the rivers are cleaned and taken care off (e.g.
Natal Fly fishing Club is involved in cleaning of the river).
Currently the regulation
of the sector is
misaligned and the
policy seeks to create
coherence in the
regulatory environment.
However the
commitment from Natal
Fly Fish Club in
ensuring clean water
bodies is
acknowledged.
Brian Clarke: An example was provided where recreational fishers are denied Access shall not be
45
access to the water body due to theft of livestock on privately owned land. There
should be a balance in the regulation between the state, municipality
(responsible for managing the water body), the recreational fisherman (involved
in the fishery) and the farmer (who owns private land).
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.
Brian Clarke: In terms of the licensing and permits it was advised that the
income generated should be utilized for the sustainability of the resource,
maintaining the facilities as well as research and development.
This is supported. The
revenue generated will
be used for the
development of the
sector.
Brian Clarke: There is a contradictory statement on Page 9, section 4.2 of the
policy which states, “Recreational fishing is not recognised”.
The statement is
accurate as it is
articulated in the policy
i.e. “Recreational
fishing is not
recognised as a fishery
subsector which
contributes to the
economy and rural
46
livelihoods.”
Brian Clarke: It was noted that there is a lack of participation from institutions
such as SANBI/SAIAB, Ichthyology departments etc. it therefore advised that the
department work together with the Universities as there is disjunction between
academia and what is happening on the ground.
The academia is
involved in the process
as the Department is
collaborating with
SAIAB and universities
in research related to
inland fisheries.
Brian Clarke: Where did the DAFF advertise the public consultation? A
suggestion was that it should be advertised locally in such a way that it will reach
all the different user groups including the individuals using gillnets to fish and
the subsistence fishers who use bait and a rod. Should advertise through the
local and national newspapers, associations and the municipalities.
The request 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 were distributed
in places where the
members of public
could easily access
47
them,
Ellan Hopsin: How will the department assist in terms of controlling access to
water bodies? An example was given whereby a municipality owned water
body is stocked with trout and there should be controlled access, however due
to hiking trail there is no means of taking any form of action to protect the
resource.
Noted. The needs
analysis will be
completed and it will
consider matters
related to monitoring,
control and
surveillance. This will
address the issue of
noncompliance.
Ellan Hopsin: DEA regards Trout as Alien and Invasive Species, a concern was
raised as DAFF will be responsible for the development of fisheries sector and
on the other hand DEA will not allow Trout.
This policy is being
developed with
consultations between
the departments having
a role to play in the
regulation of the sector
including DEA. The
DAFF and DEA will
both have their
respective
responsibilities in
managing Alien and
Invasive Species.
Brian Clarke: A reason should be provided in the policy as to why there is a The viability of
48
need for the permit fees. implementing a system
of inland fishing permit
fees will be
investigated. This is still
to be determined by the
Department. However,
the Department through
consultations will
consider the necessity
of outlining the purpose
of collecting fees
through permitting.
There is a concern regarding representation in the co management structure,
the user group associations do not have confidence in the provincial authority
representing their interests at a national level. Further information on how the co
management structure will work is required. The National Body for recreational
angling request direct representation at national level.
There is a need for
overarching
representation as it is
difficult to have all the
different user groups
being represented in
the national level. This
is why the provincial
chairman will represent
the interests of the
different groups.
National Recreational
49
Fishers Association
(NRFA) (all the national
inland fishers
association will have to
be under the proposed
NRFA for them to be
represented at NIFWG)
and National Small
Scale Fishers
Association (NSSFA)
(all the national inland
fishers association will
have to be under the
proposed NSSFA for
them to be represented
at NIFWG) should have
representation at the
National Inland
Fisheries Working
Group (NIFWG).
Fishermen are denied access to fish in public beaches and estuaries by private
property owners. The challenge is that the fishermen have been granted permits
for fishing and are not allowed to fish.
The matter will be
referred to the relevant
officials within the
Department of
50
Environmental Affairs.
The issue is related to
marine fisheries and
therefore outside the
scope of this policy.
The comment is noted
and shall be directed to
the relevant directorate
within the Department.
Permits should be issued by the local municipalities. An investigation will be
undertaken to identify
the relevant body to
issue the permits.
The community members of Pikoli are already involved in the inland fisheries
sector however there are individuals who are over-fishing in the dams. Can the
department/government assist by fencing off of the dams?
Dam fencing is not in
the scope of this policy.
However it makes
provision for law
enforcement on the
water bodies. The
department is unable to
fence off public dams
however if the dams
are privately owned
then access can be
51
limited by fencing the
dams. The ownership
of the dams needs to
be determined.
The users must ensure
they manage the
resource and practice
sustainable fishing
methods. The
fishermen must not only
look at catching and
selling of fish however
must look at the whole
value chain, in terms of
processing and
generating income
through tourism linked
activities.
In developing this policy there is a need for the department to identify the fish in
the dams.
The intension of the
department is to
undertake stock
assessment prior to
establishment of a
fishery. The stock
52
assessments are
underway at some of
the waterbodies such
as Flag Boshielo,
Pongolo and Loskop
Dams. In some
instances, the
provincial departments
have already started
undertaking stock
assessments on the
dams within their
respective provinces.
Are there training opportunities that the Department can provide? The policy provides for
training of fishers under
capacity and training.
Ncumisa Matam: Currently conducting research regarding inland fisheries in the
community of Pikoli and working together with DAFF. DAFF should work
together with the research institutions when developing the policy to look into
what fisheries are there and the stocks available. The inland fisheries sector
should not be compared to marine sector.
There is a need for
baseline surveys and
precautionary approach
is to be taken. Currently
there are stock
assessments and
surveys taking place.
DAFF is working
53
together with research
institutions and funds
research on an annual
basis. The policy
acknowledges the
difference in
productivity of both the
marine and inland
fisheries sectors.
Ncumisa Matam: The definition for recreational fisher is inadequate and too
simplistic. Recreational fishery involves historic/cultural aspects, self – worth,
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
historically disadvantaged inland small-scale fishers.
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?
ItemID=11195&FromURL=%2fPages%2fKH_AdvancedSearch.aspx%3fdt%3d
%26ms%3d%26d
%3dScoping+Study+on+the+Development+and+Sustainable+Utilisation+of+Inla
nd+Fisheries+in+South+Africa+Volume+1%26start%3d1
Comment:
Is this reference correct? Was OLF Weyl not a co-author?
Weyl O to be included
in the reference.
WEYL OLF, KEEVEY G, MCCAFFERTY J, ELLENDER BR, and BRITZ PJ
2015. Production Potential, Stocking And Management Of Dam Fisheries For
Optimal Socio-Economic Benefit. In: 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.
First reference.
Note: Delete “LF” in the
policy.
169
Comment:
OLF Weyl not included?
Careful consideration must be given to the tiering of policies that relate to the
fisheries sector. “Tiering” refers to different levels of strategic planning
documents where a higher order (tier) document influences and gives guidance
to a lower tier document. The typical tiered system referred to in literature being
policies, plans, programmes and projects. Clarity must be provided on the
cascading of policy documents related to the fisheries sector. This Policy, the
Aquaculture Development Bill 2018, and the Legal Guide for the Aquaculture
Sector in South Africa dated September 2013, must all be adequately aligned.
In addition to the above, care must be taken to avoid a proliferation of policy
documents that are not aligned (and tiered), as this will render these policies
ineffective due to inconsistencies, conflict and overlap. Policies are supposed to
provide strategic focus and coherence, and a proliferation of policies with no
clarity on the tiering (and the relationship between these tiered documents) and
alignment thereof will be counterproductive.
The Policy is the
overarching guiding
document for the wild
capture fisheries in
state owned freshwater
bodies. It is the guiding
document which will
inform and harmonise
all other provincial
ordinances and Acts.
The Aquaculture
Development Bill seeks
to regulate the farming
of aquatic organisms,
both marine and
freshwater and this
objective is different to
the aims of the National
Inland Fisheries Policy.
The Policy states that “However, the lack of a national policy to guide their
sustainable utilization and development has hampered the development of the
A Socio-Economic
Impact Assessment
170
sector. While access to other public resources such as marine fisheries,
minerals, water and land have thus far been subjected to a democratic era
reform, inland fisheries have been overlooked. This policy is thus designed to
align inland fishery governance with Constitutional requirements for a
sustainable development approach to natural resource utilization for the benefits
of all citizens”.
The Policy further provides that “The purpose of the Inland Fishery Policy is to
guide the sustainable development of inland fisheries. This includes legislative
reform and harmonisation…”
Despite the above reference to what the Policy aims to achieve, the Policy fails
to adequately frame clear problem statements.
It is strongly recommended that the Policy must be informed by a Socio-
Economic Impact Assessment (“SEIA”) that clearly outlines what the problem
statements are that the policy is aiming to address. Such a SEIA should then
evaluate the various options available to address the clearly defined problem
statements. The options identified must be evidence-based (i.e. supported by
rational information).
Without a SEIA, it is premature for the Policy to conclude that the drafting of
additional legislation is required. The information contained in the Policy,
starting with the inadequate formulation of problem statements, is not adequate
was conducted and this
process involved
participation of relevant
stakeholders including
the Department of
Environmental Affairs
and Developmental
Planning.
The legislative review
will be undertaken
which will inform
whether to amend the
current legislation or
develop a new
standalone Act.
The problem statement
is clear and was
extensively assessed
during the SEIAs
process and the
objectives of this policy
seek to address the
identified problem
statement.
171
to propose law reform. A SEIA must be undertaken to evaluate the various
options available, one of which might be improved guidance of an inland
fisheries sector through existing legislation and improved cooperative
governance. Additional legislation should only be considered as a last resort,
and if law reform is considered, the rationalisation of existing legislation (rather
than drafting new legislation) should be considered.
There are a number of statements within the Policy which seem to rely on
unsubstantiated claims. It is vital for the reader to understand these claims, and
it is suggested that greater detail is provided where claims regarding barriers to
the sector exist, the need and desirability of such a sector, and the interactions
between ecological, social and economic systems. For example:
“However, the lack of a national policy to guide their sustainable
utilization and development has hampered the development of the
sector”. This claim needs to be substantiated. There are a number of
statutes that governs this space.
It is acknowledged that
there are statutes
governing the sector all
of which fall under the
National Environmental
Management Act.
However none of the
statutes considers the
socio-economic
aspects of the sector
which the National
Inland Fisheries Policy
seeks to address.
“However, the constitutional imperative to “secure ecologically sustainable
development and use of natural resources while promoting justifiable economic
and social development’ (Constitution, Section 24 b (iii)) in respect of inland
fisheries is not currently being fulfilled due to the lack of a guiding policy and
empowering legislation”. This claim needs to be substantiated, especially in light
The full extent of the
resource is not fully
understood. Studies will
be conducted to
establish the full extent
172
of the fact that the Policy outlines marginal productivity as the reason why
industry is absent.
of the resource. Please
see above regarding
requirements for policy
that promotes socio-
economic aspects of
the sector.
Appropriate governance institutions and capacity are required for the DAFF to
carry out the mandate in respect of inland fisheries including:
A legislated user rights framework”. The need for a legislative framework has not
been substantiated in the Policy. This needs substance.
Noted.
“A process of legislative review and harmonisation between DAFF, DWS and
DEA will be required to align existing legislation and mandates in respect of
inland fisheries with Constitutional requirements and the inland fisheries policy”.
A SEIA would identify the various options available to address the problem
statement/s. This statement is premature and without substantiation.
As per response above,
a SEIAs process was
conducted and various
options were assessed
which involved the
participation of national
authorities including the
Department of
Environmental Affairs
and Developmental
Planning.
“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”. Research (evidence) in support of the
The Department has
been part of Inland
Fisheries process and
173
concern should be provided to give this claim substance. has first-hand
experience of the
current situation on the
ground.
“Therefore the inland fishery policy will provide for a balance between managing
ecological sustainability and the social and economic benefits based on a
sustainable development approach”. Suggesting that ecological sustainability
concerns are not social and economic in nature is a false dichotomy. Social and
economic systems are nested within ecological systems. If you do not ensure
the sustainability of the ecological system, you risk the ongoing benefit to social
and economic systems. A SEIA should be undertaken to evaluate the impacts of
this Policy.
Suggestion:
Substantiating evidence should be provided where claims are made regarding
the direction of the Policy, or the problems it aims to address.
The current legislation
is based on the
protection of the
resource and does not
consider the
sustainable utilization
for the benefit of the
resource user. There is
a need to balance
environmental
protection and resource
utilization.
The “draft Aquaculture Bill” is referenced throughout the Policy. It should be
noted that the Aquaculture Development Bill is currently under consideration by
the National Assembly and has not been promulgated. The fact that it is still draft
legislation that may still change, must be considered when referencing the Bill in
the Policy. The relationship between this Policy and the proposed Aquaculture
Bill will have to be carefully considered as part of the SEIA to avoid duplication.
Noted.
The Policy uses terminology interchangeably, for example, angling and fishing. Noted.
174
Suggestion:
The Policy must be consistent in the use of terminology.
There are various spelling mistakes, grammar errors, and formatting errors that
reduce the polished feel of the Policy.
Suggestion:
The Policy must be reviewed for grammatical errors and type editing.
Noted.
This Policy focusses more on the management of aquaculture resources once it
has been produced as well as access by various stakeholders to these
resources. The title “National Inland Fisheries Policy Framework for South
Africa” is therefore misleading as it creates the impression that the focus is on
the production of fish and other aquaculture resources.
Suggestion:
Consideration should be given to amending the title to ensure it is an accurate
reflection of the aim of the Policy.
The policy is not for
aquaculture. The title
will be changed to
reflect the harvesting of
wild fish in freshwater
state owned
waterbodies.
The Policy is dated 2016, but is only being circulated in 2018.
Suggestion:
Suggest changing the date on the Policy.
Noted.
The definitions include brackets, referencing where the definition was taken
from.
Suggestion:
Suggest including this reference in a footnote.
Noted.
175
It is not clear if FAO is an acronym or initialism for Ecosystem Approach to
Fisheries.
Suggestion:
Consider rewording as follows:
“Ecosystem Approach to Fisheries (based on FAO definition)”.
Noted.
(Definitions)This Policy focusses more on the management of aquaculture
resources once it has been produced as well as access by various stakeholders
to these resources. The title “National Inland Fisheries Policy Framework for
South Africa” is therefore misleading as it creates the impression that the focus
is on the production of fish and other aquaculture resources.
Suggestion:
Consideration should be given to amending the title to ensure it is an accurate
reflection of the aim of the Policy.
Noted.
The Policy refers to “inland fisheries” and then goes on to define freshwater fish
and not inland fish. It is not clear as to why the Policy does not use the term
“freshwater” instead of “inland”. It is recommended that terminology is used
consistently. Also, the scope of the Policy must be clarified.
Suggestion:
Clarification in this regard is required or the Policy title must be amended.
Noted.
176
According to the Policy, “Inland fisheries are fisheries on inland waters, but
excluding estuaries - which fall under the jurisdiction of the Marine Living
Resources Act of 1998. Inland fisheries include small-scale and recreational
fisheries and the associated value chains and service industries.”
This definition provides opportunity for misinterpretation since certain estuaries
go several kilometers (up to 30 km) inland making it very difficult to determine
whether it is an estuary or an inland river.
The Policy must define an estuary, making reference to distinctive
characteristics such as the interface which exists between an estuary and a
river, referred to as the ‘head’ of the estuary; and the saltwater which is present
beyond that section, which does not mix with the freshwater body. There is also
no tidal influence.
Suggestion:
Estuaries must be defined to avoid confusion.
Noted. Estuary to be
defined in the policy as
it falls outside the
scope.
Definition of freshwater
aquatic organism has been
provided to address the
possible misinterpretation
between estuarine and
freshwater species.
This definition is problematic and does not distinguish between someone that
fishes for a meal and someone that practices catch and release. There may be
unintended consequences by not distinguishing between these user groups.
Suggestion:
Suggest amending definition to include a distinction between someone who
catches to eat, and someone who fishes recreationally (i.e. catch and release).
(Page 5- Definitions: Recreational Fisher)The Policy refers to “inland fisheries”
The definition is purely
for Recreational fisher.
The person who
undertakes fishing
activities primarily for
either consumption or
to trade is defined
under various
177
and then goes on to define freshwater fish and not inland fish. It is not clear as to
why the Policy does not use the term “freshwater” instead of “inland”. It is
recommended that terminology is used consistently. Also, the scope of the
Policy must be clarified.
categories.
Small-scale fishing includes “Low technology or passive gear (based on DAFF
Small Scale Fishing Policy)”, which means “fishing equipment, nets or vessels
operated mainly by hand.” This excludes fish traps which are also used
traditionally, and may have very harmful/detrimental effects on the waterbody
ecology. It also excludes fish poisoning which is a commonly used method to
obtain fish for food security.
Suggestion:
It is suggested that small-scale fishing also include and regulate
traditional/cultural methods harmful to biodiversity and the ecosystem, such as
fish poisoning and fish traps, also referred to as low tech traditional fishing
methods. (Page 5- Definitions: Small-scale fishing)According to the Policy,
“Inland fisheries are fisheries on inland waters, but excluding estuaries - which
fall under the jurisdiction of the Marine Living Resources Act of 1998. Inland
fisheries include small-scale and recreational fisheries and the associated value
chains and service industries.”
Research will inform
fishing methods and
this information will be
captured in the
resource management
plan to be developed.
It is not clear what the difference between stocking and ranching is. Both
involve the rearing of fish for release into a water body and can be for
recreational or commercial fisheries.
The ranched fish
belongs to an individual
or an entity, while stock
enhancement/stocking
178
Suggestion:
Clarity to be provided (Page 5 and 6- Definitions: Ranching and Stocking). This
definition is problematic and does not distinguish between someone that fishes
for a meal and someone that practices catch and release. There may be
unintended consequences by not distinguishing between these user groups.
is to enhance the
productivity of the
waterbody stocked.
No definitions are provided for these terms. It is therefore assumed that these
terms are defined in terms of National Water Act, 1998 (Act No. 36 of 1998).
Suggestion:
It is suggested that either these terms be defined in this Policy, or that the Policy
provide reference as to where the terms are defined (Proposed Definitions:
Rivers, dams, lakes and wetlands).
Noted. The terms will
be cross-referenced for
the purposes of
maintaining consistency
with the NWA. Terms
(not only the proposed)
used in the policy will
be defined where
necessary.
The term “public water works” is used in the Policy and is not defined. This term
is not a widely known term and requires a definition. It might also be necessary
to utilise a more widely understood definition.
Suggestion:
This term needs to be defined or a more widely understood term should be used
(Proposed Definitions: Public water works)
The term “dam”
inserted next to “public
water works” is
intended to address the
possible confusion.
The introduction states that the “South African inland fisheries resources have
the potential to contribute to food security, job creation and economic
development.” However, the Policy does not state how this potential will be
The Policy is the
overarching guiding
document for the wild
179
fulfilled. The Policy should be coherent with aquaculture practices in inland
waters to determine, not only how the fish resources will be managed, but also
how the production of these resources can be sustainably undertaken in order to
minimise its impact on the environment in terms of water resources and
protecting the indigenous biodiversity i.e. the management and control of alien
species in rivers and dams.
In addition, the Policy must take into consideration the 2013 document entitled
“Legal Guide for the Aquaculture Sector in South Africa” developed by the
Department of Agriculture, Forestry and Fisheries (“DAFF”). There is a clear
overlap between the Guide and this Policy, as the Guide provides guidance to
aquaculture proponents on how to establish inland facilities as well as other
production facilities.
capture fisheries in
state owned freshwater
bodies. It is not
intended for regulation
of aquaculture
activities.
This section further states that “While access to other public resources such as
marine fisheries, minerals, water and land have thus far been subject to
democratic era reform, inland fisheries have been overlooked.”
It is important to note that there are various initiatives underway such as the
Strategic Environmental Assessment for Aquaculture Development. This
includes freshwater species. It is therefore inaccurate to say that “inland
fisheries have been overlooked”. Again, the Policy should be informed by clearly
defined problem statements and evidence-based conclusions/ finding, rather
than unsubstantiated statements.
In addition to the above, in the Western Cape, the draft National Trout Standards
were being developed but due to industry disfavour, such standards were
The SEA referred to is
specific to aquaculture
development and not
inland fisheries.
The Policy is the
overarching guiding
document for the wild
capture fisheries in
state owned freshwater
bodies. It is not
intended for regulation
of aquaculture
180
however never released for public comment. This statement is also not merited,
given the low productivity of inland fishery resources.
It must be noted that the current fragmented policy and legislative framework
applicable to inland fisheries should not be equated to a lack of such a statutory
context.
Suggestion:
Remove the questionable statement that “inland fisheries have been
overlooked”.
activities.
The advances made in
certain aspects towards
development of the
sector are
acknowledged.
However, the greatest
extent of the inland
fisheries has been
overlooked.
This section also states that “A system of Resource Management Pans (RMPs)
is being implemented by the DWS to manage the activities of multiple user
groups on public water works.”
There are currently no Fisheries Management Plans being implemented by the
DWS for inland waters and the current RMPs deal with water quality and related
aspects, but not specifically with inland aquaculture. The bridging of this gap
should be addressed.
Also, there appears to be a typographical error, i.e. “Management Pans”, instead
of “Management Plans”.
Noted. The spelling
error to be corrected.
Fisheries Management
Plans will be developed
for specific waterbodies
in conjunction with the
relevant departments
including the DWS.
The Policy provides that “The Department of Environmental Affairs and the
Provincial Departments of the Environment are responsible for environmental
management and the conservation of inland fish populations in terms of the
Noted. “…and Specific
Environmental
Management Acts” to
181
National Environmental Management Act and the provincial environmental Acts
and Ordinances”.
Reference to the National Environmental Management Biodiversity Act, 2004
and its Threatened or Protected Species Regulations should also be included in
this section.
be inserted after
NEMA.
Given the nature and impact of the Policy on the environmental management
mandate of environmental sector departments, it is recommended that the Policy
be presented at the Intergovernmental Cooperative Governance Forums (i.e.
MinMEC and MinTech Structures), established within the environmental sector
in terms of the Intergovernmental Relations Framework Act, 2005, in particular
the various technical working groups established in support of the MinTech
Structure. The Department of Environmental Affairs should be approached to
identify the relevant forums to be considered.
Suggestion:
Reference to the National Biodiversity Act, 2004 and its Threatened or Protected
Species Regulations should be included under the section dealing with political
mandates and the draft Policy must be presented at the relevant MinTech
forums.
It is further suggested that the NEMA/SEMA Rationalisation and Harmonisation
process must be considered when finalising the Policy.
Noted.
Intergovernmental
consultations have
been undertaken as
part of consultation
process and will
continue going forward.
The policy will be
presented at the
relevant
Intergovernmental
Cooperative
Governance Forums as
part of policy
development process.
There are many terms/concepts used that are not very clear. The following
needs to be defined: “Inland water bodies”; “Adaptive livelihood strategy”;
“Indigenous Knowledge”; “customary common pool rights”; “public waters”; and
“Inland water bodies” to
be replaced with “state
owned water bodies”
182
“gill-netting”.
Suggestion:
These terms/concepts need to be clearly defined and explained within the
Policy.
and define “state
owned water bodies”.
“Adaptive livelihood
strategy” to be
reconsidered.
“Indigenous
Knowledge”- this is a
commonly used
concept and it is not
necessary to define it in
the policy document.
Indigenous knowledge
defined as a knowledge
system developed by a
community based on
interactions with the
environment.
“Customary common
pool rights”- to be
amended to read
“customary rights” by
deletion of the wording
“common pool”.
“Public waters”- to be
183
amended to state
owned water bodies.
“Gillnetting” is a term
used commonly in the
fishing sector.
As stated above, this section should also be expanded upon, i.e. to investigate
the full extent of small scale fishing, include traditional/cultural methods of fish
poisoning and the installation of fish traps.
Appropriate fishing
technologies will be
prescribed in the
specific guidelines for
each subsector based
on research.
It is reiterated that the distinction between fishing for the table and fishing for
sport (catch and release) must be made, in terms of the awarding of permits.
Such a distinction may improve the management of inland fish resources.
Noted.
It is also questionable whether recreational fishing should be permissible within
natural freshwater systems and on indigenous fish species that are threatened
with extinction.
Suggestion:
The Policy should, as far as reasonably possible, distinguish between
distinguishable user groups in order to ensure that the needs of these users will
be adequately addressed by the Policy.
The concept of excluding certain user groups from certain stocks should be
explored.
Noted. Research will be
undertaken to inform
decision-making in this
regard.
184
Limited information is provided on Culture Based Fisheries and Commercial
Fisheries. Much more should be said in this regard. For example, the Policy
does not mention trout aquaculture, which is relatively developed.
Suggestion:
The Policy should elaborate on Culture Based Fisheries and Commercial
Fisheries, including inequalities within the existing inland fisheries sector (Page
9- Section A4.3 Culture Based Fisheries and Section A4.4: Commercial
Fisheries)As stated above, this section should also be expanded upon, i.e. to
investigate the full extent of small scale fishing, include traditional/cultural
methods of fish poisoning and the installation of fish traps (Page 8- Section
A4.1: Small-scale fisheries)
Trout is captured in
terms of Culture Based
Fisheries under Stock
enhancement/stocking.
This section states that “Inland fisheries resources in South Africa are currently
managed in terms of conservation and biodiversity objectives and are not
recognised as a livelihood opportunity”.
This is an inaccurate and unsubstantiated statement. The development is limited
based on the reasoning provided in 4.4., however, this is not acknowledged in
this section of the Policy.
Suggestion:
A SEIA would clearly define the problem statements the Policy aims to address.
This would include a detailed analysis of the causes of the problems in question,
which would avoid speculation.
Section A 4.5 is
accurate and the
relevance of this
statement to section 4.4
is not understood.
(Fisheries Management)It is reiterated that the distinction between fishing for the Noted. Fisheries
185
table and fishing for sport (catch and release) must be made, in terms of the
awarding of permits. Such a distinction may improve the management of inland
fish resources.
It is also questionable whether recreational fishing should be permissible within
natural freshwater systems and on indigenous fish species that are threatened
with extinction Page 9- Section A4.5).
Suggestion:
The Policy should, as far as reasonably possible, distinguish between
distinguishable user groups in order to ensure that the needs of these users will
be adequately addressed by the Policy. The concept of excluding certain user
groups from certain stocks should be explored.
management plans will
be developed for
specific waterbodies.
This section states “These include the lack of rights of access to fishing waters
and fish resources; conservation based environment management regulations
which may result in the exclusion of access by historically disadvantaged
communities…”
This section should be reworded to rather focus on competing land uses, as
opposed to not adequately catering for equitable access to resources. Whilst the
recent case, i.e. Gongqose & others v Minister of Agriculture, Forestry &
Fisheries and others; Gongqose & others v State & others (1340/16 & 287/17)
[2018] ZASCA 87 (01 June 2018) dealt with this issue, it is not appropriate to
create an impression that, in general, conservation based environmental
management regulations may result in the exclusion of access by historically
disadvantaged communities.
Legal advice to be
obtained.
186
It also includes “… lack of information…” in the list of legacy inequities.
As the information revolution is relatively new, especially in the context of South
Africa, it is questionable as to whether the apartheid government had a role in
the provisioning of information. The value of information generated more than 24
years ago must also be questioned given the rate of global change.
The section further states that “The inland fishery policy is thus designed to
promote equity of access and empowerment of historically disadvantaged
groups to participate in inland fishery value chains.”
Redressing the wrongs of the past is of vital importance in present day South
Africa and remnant racial imbalances that exist as a result of the apartheid
regime must be rectified through equality measures. However, when a sector is
under-developed and largely informal, it is questionable that racial imbalances
exist. If these racial imbalances exist within the sector, they should be
investigated and quantified. If racial imbalances do not exist, promoting one
racial group above another could be seen as unfair discrimination.
Suggestion:
It might be necessary to reword this statement to better articulate what is meant.
It is unclear which environmental regulations unfairly discriminate based on race
in democratic South Africa.
This section states that “The following legislation, policies and normative
international guidelines inform the development of the inland fisheries policy:
• Republic of South Africa Constitution Act (No 110 of 1983)
• The National Water Act (No 36 of 1998)
Noted. The reference to
the Constitution will be
amended.
The SEA is specific to
NWA to be removed as it is
covered as a SEMA.
187
• National Environmental Management Act (No 107 of 1998) and specific
environmental management acts.
It should be noted that the Republic of South Africa Constitution Act, 1983 has
been repealed and that the National Water Act is also a specific environmental
management act.
The Strategic Environmental Assessment on Aquaculture is also not referenced
in the policy and should be outlined in the above list.
Suggestion:
This section should be reworded to read as follows: “…of the inland fisheries
policy:
• The Constitution of the Republic of South Africa (No. 108 of 1996)
• Specific Environmental Management Acts, specifically the National
Environmental Management Act and the National Water Act
• The Strategic Environmental Assessment for Aquaculture Development”
aquaculture and is not
relevant to the scope of
the policy.
The NWA will be
captured under SEMA.
“Transformation processes to achieve racial and gender representivity in inland
fisheries will be promoted. The Policy should strive for greater transformation
than mere representivity, and focus specifically on the racial and gender equity
in the control and participation of the sector as well.
Suggestion:
This section should be reworded to read as follows: “Transformation processes
to ensure racial and gender equity throughout the inland fisheries sector will be
promoted.”
Agreed. Suggestion
accepted and the
section will be
amended accordingly.
188
The scope of the Policy includes “to guide the stocking of fish from hatcheries
into public water bodies 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 Bill).”
As previously stated, it is reiterated that there appears to be a strong overlap
between this Policy, the Aquaculture Development Bill (currently under
consideration by the National Assembly) and the Legal Guide for the
Aquaculture Sector in South Africa. The only difference appears to be whether
the stocking of fish from hatcheries is in a confined aquaculture facility, or a
public water body.
Suggestion:
Clarification regarding the relationship between these documents and their
different roles is required.
In addition to the above, it is important to note that concentrated rearing or
stocking of fish is likely to have negative impacts on water quality through the
accumulation of waste and potentially also the disturbance of sediments that
may cause eutrophication and turbidity in the water. This may increase water
treatment costs from dams as well as have negative ecological effects on other
species (Page 11- Section B3: Scope of the Policy)
There is a difference
between stock
enhancement/stocking
as catered for under
the National Inland
Fisheries Policy vs
ranching as catered for
under Aquaculture
Development Bill. Both
of these activities will
have shared resources
for different stocking
purposes. The stock
enhancement will be
done in consultation
with the departments
responsible for water
and environmental
management and other
relevant stakeholders.
This section states that “All South African citizens have the right to fish on inland
waters subject to the applicable access rights, permits and prescribed
regulations. Sub-sectoral groups will be recognised and represented including
small-scale and recreational fishers and pre- and post-harvest value chain
The policy will cater for
South African and non-
South African having an
interest to fish in South
189
groupings.”
In spite of recognising the role of tourism in this sector, foreign citizens are not
recognised in this Policy.
Suggestion:
Care must be taken to ensure that all the necessary user groups are included in
this Policy (Page 12- Section B4.1: Inclusivity)
African inland state
owned water bodies.
This section states that “The inland fisheries policy is based on a developmental
approach to maximize the potential economic and social benefits…” It is
important to adopt an inter-generational developmental approach where these
economic and social benefits are maximised for current as well as future
generations. If this is not explicit, the current generation might maximise their
benefit and preclude future generations from receiving any benefit from this
sector.
It is recommended that the reference to “maximize” be replaced by “optimise”.
Optimisation suggests that various factors should be considered and that no
specific factor (or benefit) should be maximised to the detriment of others.
It further states that the Policy empowers “disadvantaged communities to
participate and realise opportunities associated with inland fishery resources.”
The use of “disadvantaged” might be misunderstood to mean “previously
disadvantaged”, as this Policy should surely aim to empower all disadvantaged
communities irrespective of their race. Marginalised or vulnerable communities
appear often in the literature. This should be a standalone sentence (i.e. a
We are going to follow
a research based
approach to inform
fisheries management
plans. The 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
190
second, equally important facet of the Policy).
Suggestion:
This section should be reworded to read as follows: “The inland fisheries policy
is based on a developmental approach to optimise the potential economic and
social benefits of the current and future generations.”
The policy also aims to empower vulnerable /marginalized communities to
participate and realise opportunities within the inland fisheries sector.”
approach to fisheries
within ecologically
meaningful boundaries.
“Transformation processes to achieve racial and gender representivity in inland
fisheries will be promoted.” The Policy should strive for greater transformation
than mere representivity, and focus specifically on the racial and gender equity
in the control and participation of the sector as well.
Suggestion:
This section should be reworded to read as follows: “Transformation processes
to ensure racial and gender equity throughout the inland fisheries sector will be
promoted.” (Page 12- Section B4.4 Transformation)
Noted. Suggested
amendments to be
adopted.
This section states that “To promote sustainable fishing, the ‘precautionary
approach’ to limit fishing effort will be adopted where information about the
resource status and ecosystem productivity is insufficient to determine maximum
sustainable harvest levels. This means that fishing should generally be permitted
taking into consideration prevailing socio-economic considerations. Fishing effort
levels should be set within the known productive capacity of the system until
Noted. Suggestion
accepted and the
proposed amendment
will be considered.
TOPS species will not
be harvested unless the
191
more robust information is available to determine sustainable harvest limits.”
The reference to “prevailing socio-economic considerations” is not clear and this
may be part of the challenge in a particular instance. Whilst it is acknowledged
that “prevailing socio-economic considerations” is a relevant decision making
factor, it should not be incorporated as part of the precautionary approach.
The above is not generally in line with how the precautionary approach is
applied. Usually, the precautionary approach is two faceted. It is (1) an
evaluation of the adequacy of scientific information at hand in order to reach an
informed decision, and (2) an evaluation of the harm that would arise as a result
of an ill-informed decision. Therefore, in general the precautionary approach is
required when there is a lack of information and a significant risk of harm to the
environment linked to the lack of information.
In addition to the above, if the abundance and impact on other species in the
system is not known, there is a risk of negative impact on threatened or
endangered species.
It is further not clear from the Policy whether threatened or endangered species
will be considered in decision-making to allow for fisheries, i.e. if the method of
fishing impacts negatively on other species (especially threatened or
endangered species) even if the intended target species can be fished
sustainably.
Suggestion:
This section should be reworded to read as follows: “To promote sustainable
fishing, the ‘precautionary approach’ to limit fishing effort will be adopted where
activity is approved by
the department
responsible for the
environment and
informed by research.
192
maximum optimal sustainable harvest levels are not known. In these instances,
the extent of allowable fishing must be determined with careful consideration of
(1) the information available, and (2) the probability of significant harm arising if
such a determination is found to be inaccurate. The extent of allowable fishing
must be re-evaluated on an ongoing basis through harvest levels, until the
maximum sustainable harvest has been determined.”
It might also be necessary to outline an acceptable timeframe within which the
maximum sustainable harvest must be determined. This can be undertaken on a
case by case basis, depending on the probability of harm.
Furthermore, clarity is required as to whether threatened or endangered species
will be considered in decision-making processes (Page 12- Section B4.7:
Precautionary Approach)
(This section states that “A ‘good governance’ approach will be implemented for
inland fisheries based on consultation, co-management, openness and
transparency, responsibility and accountability, effectiveness and efficiency,
participation of all stakeholders, coherence, and adaptability/ responsiveness.”
The subsidiarity principle is another essential element of a good governance
approach which should be included.
Suggestion:
Include subsidiarity principle as follows: “A ‘good governance’ approach will be
implemented for inland fisheries based on subsidiarity, consultation, co-
management, openness and transparency, responsibility and accountability,
effectiveness and efficiency, participation of all stakeholders, coherence, and
The policy seeks to
create harmonisation of
the current regulatory
environment and thus
address the current
fragmented sector
management
mechanism. The policy
promotes co-operative
governance as
provided for through
establishment of co-
193
adaptability/ responsiveness”.(Page 13- Section B4.10: Good Governance) management structures
at different spheres of
government.
“Constitutionally aligned legislation providing for inland fishery governance and
use rights will be promulgated.”
As set out above, it is strongly recommended that a SEIA be undertaken to
evaluate the options available, one of which might be the development of
legislation. Ideally, the guidance of an inland fisheries sector through improved
cooperation and existing legislation (and amendment thereof where applicable)
should be adopted. Only if this is not possible, should additional legislation be
considered.
This comment applies to all instances where separate legislation is proposed.
Suggestion:
A SEIA must be undertaken that assesses the various regulatory options at
hand, and concludes on the most appropriate option (which might be law reform)
to address the problem statement/s identified (Page 14- Section B5.7:
Legislation)
A Socio-Economic
Impact Assessment
was conducted and this
process involved
participation of relevant
stakeholders including
the Department of
Environmental Affairs
and Developmental
Planning.
The legislative review
will be undertaken
which will inform
whether to amend the
current legislation or
develop a new
standalone Act.
This section states that “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.”
It is unclear whether the “environmental protection” mandate associated with
The current legislation
is based on the
protection of the
resource and does not
194
inland waters and their ecological and social importance will remain the mandate
of the Department of Environmental Affairs or if this mandate will be transferred
to DAFF. There is also concern that the promulgation of additional legislation
will result in fragmentation and ineffective governance. A holistic and
coordinated approach to inland water management is required and the SEIA
process should consider various options to achieve this goal.
Suggestion:
The Policy should promote a holistic and coordinated inland water management
approach, and should (as far as possible) avoid the fragmentation of mandates
and resource management. The SEIA process should consider various options
to achieve this goal.
consider the
sustainable utilization
for the benefit of the
resource user. There is
a need to balance
environmental
protection and resource
utilization.
The policy makes
provision for
establishing co-
management
structures.
“In the proposed national and provincial fishery legislation, different categories of
rights, authorizations, licenses and permits will be provided for including:
Small-scale fishing.
Traditional and customary fishing.
Recreational fishing.
Recreational fishing charter/ guiding.
As stated above, it is suggested that a SEIA be undertaken to evaluate the
options available, one of which might be the development of legislation. One of
the options should at least be focused on improved coordination to guide the
inland fisheries sector through existing legislation.
A Socio-Economic
Impact Assessment
was conducted and this
process involved
participation of relevant
stakeholders including
the Department of
Environmental Affairs
and Developmental
Planning.
The problem statement
195
In addition, if the current challenge is one of poor coordination, then improved
cooperative governance and not law reform should be the solution. A lack of
cooperation should not be used as a motivation for law reform.
In addition, is “guiding” meant to be “guide”?
Suggestion:
A SEIA must be undertaken that assesses the various regulatory options at
hand, and concludes on the most appropriate option (which might be law reform)
to address the problem statement/s identified (Page 14- Section B6.2: Inland
Fishing Access Rights and Authorisations)
is clear and was
extensively assessed
during the SEIAs
process and the
objectives of this policy
seek to address the
identified problem
statement. The
legislative review will be
undertaken which will
inform whether to
amend the current
legislation or develop a
new standalone Act.
Yes. It refers to guiding
operations in the
recreational fishing
space.
The last paragraph states that “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 NEMBA.”
There is concern that DAFF has a developmental mandate which would conflict
with efforts aimed at ecological management, including conserving fish reserves
The issue was
considered during the
initial Socio-Economic
Impact Assessment
and will be
196
and their environs.
It is suggested that the SEIA determine the plausibility of such an
implementation arrangement, including the resource requirements of such.
Suggestion:
A detailed SEIA must be undertaken to inform this Policy. The SEIA must
consider the various options available to implement the Policy, and weigh up the
resource requirements of each option (Page 15- Section B6.3: Resource
Sustainability) This section states that “Fish caught on recreational fishing
permits will not be sold…Small scale fishers will need to reside near the dam /
river where the permit is issued to qualify”.
reconsidered during the
final SEIAs.
Furthermore, the policy
is explicit on matters
related to sustainable
utilization of the
resource.
Rules such as these should best be made through consultation with
stakeholders and fishers.
This section states that “Where the ecological risk is low, for example, fishing
that targets alien species or in altered environments such as dams which contain
species of biodiversity concern, social and economic criteria will primarily
determine the recommended level of fishing effort.”
The distinction between criteria focused at ensuring ecological functioning and
criteria focusing on social and economic benefit constitutes a false dichotomy.
Social and economic systems are nested within ecological systems, and if the
ecological systems are undermined, so are the social and ecological systems.
There is therefore merit in focusing at an ecological level to ensure that all three
Noted. Stakeholders
and fishers have the
benefit to give inputs in
relation to the rule as
part of the consultation
process. The policy
further makes provision
for establishment of
waterbody-specific co-
management structure
where relevant
stakeholders participate
197
system components are addressed. However, the impacts of interventions on
social and economic systems must always be kept in mind.
Furthermore, alien species could have displaced indigenous counterparts, and
the overexploitation of alien species could give rise to ecological collapse. The
same is true for dams. Ecological systems are likely to have adjusted to the
presence of a dam, necessitating the consideration of ecological connectivity
even in man-made environments.
Suggestion:
It is suggested that the Policy put institutional structures in place where these
finer detailed concerns can be collaboratively discussed and addressed.
Consider adopting a social-ecological systems approach to sustainability, which
clearly relays the nested and interconnected nature of social and ecological
systems.
in decision-making
process.
This section further states that “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 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.”
Detailed information will
be captured in the
fisheries management
plans for specific water
bodies to be developed
based on research.
198
While this approach is understandable, consideration should be given to
including a reasonable time limit or timeframe until when adequate data
regarding stock and harvests must be obtained and utilised for continued fishing.
Also, it is not clear whether a periodic review of the data is required to inform
ongoing appropriate catch rates.
The last paragraph states that “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 NEMBA.”
There is concern that DAFF has a developmental mandate which would conflict
with efforts aimed at ecological management, including conserving fish reserves
and their environs.
It is suggested that the SEIA determine the plausibility of such an
implementation arrangement, including the resource requirements of such.
Suggestion:
Consider rewording to include a reasonable time limit or timeframe until when
adequate data regarding stock and harvests must be obtained and utilised for
continued fishing (Page 15- Section B6.3: Resource Sustainability)
It is questioned how public participation for this Policy and any of its
legislation/guidelines will be undertaken. Will it be focused at rural communities,
and in a manner that makes it accessible to illiterate individuals? Reference to
“Maximizing” should be replaced to “Optimising” to indicate that there needs to
be a balanced consideration of both socio-economic and socio-ecological
aspects. This should be done in both the heading and the text of the section.
Public participation was
conducted in a manner
which allows
participation by all
relevant stakeholders.
The majority of the
199
Suggestion:
Careful consideration must be given to the manner in which public participation
for this Policy and any of its subsequent legislation/guidelines is undertaken.
Reference to “Maximizing” should be replaced to “Optimising” to indicate that
there needs to be a balanced consideration of both socio-economic and socio-
ecological aspects.
consultations were
conducted in areas
where fishing activities
are occurring and in
languages commonly
understood and used
by the stakeholders. At
the next round of public
consultations, the
Department will ensure
that documents are
translated to official
languages commonly
used in the respective
communities.
The last paragraph states that “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 NEMBA.”
There is concern that DAFF has a developmental mandate which would conflict
with efforts aimed at ecological management, including conserving fish reserves
and their environs.
It is suggested that the SEIA determine the plausibility of such an
implementation arrangement, including the resource requirements of such.
The issue was
considered during the
initial Socio-Economic
Impact Assessment
and will be
reconsidered during the
final SEIAs.
Furthermore, the policy
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Suggestion:
A detailed SEIA must be undertaken to inform this Policy. The SEIA must
consider the various options available to implement the Policy, and weigh up the
resource requirements of each option.
is explicit on matters
related to sustainable
utilization of the
resource.
This section states that “government officials will be provided with training in
inland fishery management and will be provided with a “toolbox” of management
resources and skills to address the inland fishery development opportunities and
challenges on specific water bodies.” The need for capacity building is
supported. It should however be noted that the institutional, policy/legislative and
governance solutions identified through the SEIA will determine the nature of
capacity building to be implemented.
One of the options to be considered could include maintaining the existing
legislative framework and the appointment of extension officers to promote
development of the sector and guiding/assisting communities/individuals. It
would be advantageous to develop this “toolbox” as part of a consultation
process, rather than training the regulators on how to implement the Policy.
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 legislative review
will be undertaken
which will inform
whether to amend the
current legislation or
develop a new
standalone Act.
“The DAFF will play a developmental role to maximise the equitable social and
economic benefits from inland fisheries, particularly for historically
The policy
acknowledges the
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disadvantaged rural communities.”
It is suggested that any reference to racial groups in terms of maximising
equitability is not necessary. Efforts that aim to optimise (rather than maximise)
equitability would need to continually monitor the equality within the sector, and
make necessary adjustments where needed. If previously disadvantaged rural
communities become unfairly advantaged in the resulting sector, measures must
be put in place to correct this imbalance. It is therefore suggested that equity
optimisation measures adopt an approach that ensures demographic
representivity in the sector (in terms of race, age, gender, etc.), and not refer to
any one or group of racial collectives as defined by the apartheid government.
Suggestion:
This section should be reworded to read as follows: “The DAFF will play a
developmental role to maximise the equitable social and economic benefits from
inland fisheries.”
current inequality-
based challenges
resulting in lack of
access to the resources
by the small-scale
fishers. This is a clear
problem identified and
the policy has to be
explicit in addressing
the problem.
The Policy provides that “The mandated departments responsible for fisheries,
environment and water will monitor and enforce authorization conditions for
access to fish resources, public waters and land”.
This focus area would depend on the option identified in the SEIA. Authorities
responsible for the administration of legislation should also be responsible for
monitoring compliance and enforcement. It will be a challenge for officials to be
both developmental focused (promote the industry) as well as being responsible
for compliance monitoring and enforcement.
The DAFF will be
responsible for
monitoring, control and
surveillance in
cooperation with the
relevant mandated
authorities.
The needs analysis will
be completed and it will
202
consider matters
related to the required
monitoring, control and
surveillance capacity.
This section further provides that “In the transition period preceding the
promulgation of national inland fishery 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 above gives
the impression that those that contravene legislation should not be prosecuted,
or that prosecution should be avoided. Such a stance is not supported. Those
who contravene the law should anticipate being prosecuted. It is therefore
suggested that this statement be removed.
Suggestion:
The reference to “…will only be implemented as a last resort in resolving inland
fishery violations and conflicts”, must be deleted.
Processes as per co-
management structures
will be the first conflict
resolution mechanism.
It is important to make
provision for transitional
arrangements in this
policy as it clearly
stipulates the planned
transition.
This section further provides that “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”.
It is unclear whether the co-management committees will be responsible for the
awarding of licences and permits. It is therefore questionable why such a
committee would be responsible for enforcement for contraventions. As earlier
The provision “The co-
management
committees established
for local fisheries will be
the primary instrument
to resolve disputes and
achieve consensus on
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indicated, the principle of subsidiarity should be included in this Policy, and this
would include awarding licences, permits and rights as well as metering out
punishment. The concern is by not devolving both responsibilities to the co-
management committee, one stands the chance of eroding the ability of the
committee to fully understand the ramifications of contraventions.
Also, the statement creates the impression that compliance monitoring and
enforcement is a negotiation process. This is not supported as it undermines
decision making.
In terms of the subsidiarity principle, authority should only be devolved to the
lowest possible level (i.e. co-management committees), if it is responsible to do
so. Additionally, the subsidiarity principle can only work as intended if all
relevant authorities (i.e. the awarding and revoking of rights, as well as the
evaluation of contraventions) is devolved down to that level. It is recommended
that the task of awarding/revoking rights, evaluating disputes and issues of
compliance and enforcement be devolved to the lowest possible level (i.e. the
co-management committee).
Suggestion:
In terms of the subsidiarity principle, authority should only be devolved to the
lowest possible level (i.e. co-management committees) if it is responsible to do
so. Additionally, the subsidiarity principle can only work as intended if all
relevant authorities (i.e. the awarding and revoking of rights, as well as the
evaluation of contraventions) is devolved down to that level. It is recommended
that the task of awarding/revoking rights, evaluating disputes and issues of
legal compliance and
enforcement of
authorization
conditions” will be
deleted from the
Monitoring, Evaluation
and Enforcement
section of the policy as
it is not consistent with
the entire section.
Noted.
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compliance and enforcement be devolved to the lowest possible level (i.e. the
co-management committee).
“The mandated departments responsible for fisheries, environment and water
will monitor and enforce authorization conditions for access to fish resources,
public waters and land”.
This focus area would depend on the option identified in the SEIA. Authorities
responsible for the administration of legislation should also be responsible for
monitoring compliance and enforcement. It will be a challenge for officials to be
both developmental focused (promote the industry) as well as being responsible
for compliance monitoring and enforcement.
The DAFF will be
responsible for
monitoring, control and
surveillance in
cooperation with the
relevant mandated
authorities.
The needs analysis will
be completed and it will
consider matters
related to monitoring,
control and
surveillance.
This section states that “The provincial departments of agriculture may be the
delegated authority to issue authorisations and permits.”
The SEIA would evaluate the most appropriate organisational structure for the
implementation of the Policy. It is therefore vitally important that a SEIA be
undertaken.
In addition, please see the comment above. The subsidiarity principle would see
the task of awarding authorisations and permits devolved to the lowest possible
The permitting system
will be investigated and
the details of the
system will be included
in the policy
implementation plan
which will be informed
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level (i.e. the co-management committee if possible).
Suggestion:
It is strongly recommended that the task of awarding/revoking rights, evaluating
disputes and issues of compliance and enforcement be devolved to the lowest
possible level (i.e. the co-management committee).
Also, a SEIA must be undertaken for this Policy, which will outline the most
appropriate and cost effective implementation options associated with this
Policy.
by the study to be
undertaken.
This section further provides that “In the transition period preceding the
promulgation of national inland fishery 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 above gives the impression that those that contravene legislation should not
be prosecuted, or that prosecution should be avoided. Such a stance is not
supported. Those who contravene the law should anticipate being prosecuted. It
is therefore suggested that this statement be removed.
Suggestion:
The reference to “…will only be implemented as a last resort in resolving inland
fishery violations and conflicts”, must be deleted.
Processes as per co-
management structures
will be the first conflict
resolution mechanism.
It is important to make
provision for transitional
arrangements in this
policy as it clearly
stipulates the planned
transition. Given the
current fragmented
nature of the legislation
regulating the inland
fisheries sector, it is
imperative to have
206
transitional measures in
place to allow transition
from the current
regulatory environment
that is not supportive of
the small-scale
fisheries into the new
enabling regulation of
the sector through the
policy.
According to this section, “Associations will be broadly categorized as:
Small scale fishing associations
Recreational fisher associations
Civil society and other interest groups (for example, advocacy groups,
NGO’s and suppliers of equipment and services)”
Adequate Terms of Reference and fair rules of engagement must be developed
for the establishment of the associations and other representative bodies, as
these three role players may have conflicting positions with regard to the
management of the process and fish resources. This chaotic situation often has
unabated negative impacts on the natural resources.
Noted.
This section states that “Fishery management on local water bodies will be dealt
with by local co-management committees convened by the Provincial
Departments of Agriculture. The DAFF in partnership with the Provincial
Departments of Agriculture will provide terms of reference and institutional
The initial SEIAs has
been conducted prior to
undertaking the public
consultations and a
207
support for the setting up of co-management committees.”
The SEIA would evaluate the most appropriate organisational structure for the
implementation of the inland fishing policy. It is therefore vitally important that a
SEIA be undertaken.
Suggestion:
An SEIA must be undertaken for this Policy, which will outline the most
appropriate and cost effective implementation options associated with this
Policy.
final SEIAs will be
conducted after the
public consultations.
This section of the Policy does not provide a comprehensive overview of the
South African context. A detailed analysis of existing inland fisheries initiatives
would add value, with an indication of the major stakeholders within the sector,
their distribution, the value of the inland fisheries sector, the jobs it creates and
the livelihoods that it supports.
It is also recommended that a more detailed analysis of inequality within the
sector be undertaken to support and guide the aims to target such inequality.
Furthermore, a detailed analysis of the barriers to the development of the sector
is also needed if the Policy aims to assist in the sustainable development of
such a sector.
Suggestion:
A comprehensive status quo analysis of the inland fisheries sector is required in
order to substantiate the need for and establishment of this Policy.
The available
information is adequate
to inform the need for
developing the National
Inland Fisheries Policy.
The Policy fails to provide international case studies of well-established inland
fisheries, and models that could potentially be replicated in the pursuit of
sustainable development within a South African context. The reader is left to
International research
has been conducted to
inform the drafting of
208
search for international case studies to better understand what a well-developed
inland fishery constitutes.
Suggestion:
The Policy should evaluate international best practice in terms of inland
fisheries, and incorporate lessons learnt elsewhere to guide the South African
sector’s development.
this policy as per
Section B.4 (Policy
Principles).
This section states that “A detailed analysis of resources, human capacity and
funding to implement the policy will be performed. This will include provision for
cooperative governance arrangements, capacity building, infrastructure,
monitoring and research, stakeholder engagement and pilot projects. The
viability of implementing a system of inland fishing permit fees will be
investigated.” It is once again reiterated that a SEIA is vital in identifying the
resource requirements of the different implementation options to inform the
Policy.
Suggestion:
A SEIA should be undertaken to inform the Policy of its social and economic
impacts, including its resource requirements. It is irresponsible to propose the
implementation of a policy without an informed understanding of the social and
economic impacts of such a policy (Page 20- Section C.2: Resources
Requirement).
A SEIA has been
conducted. However, it
is important to fully
undertake an
investigation of the
possible permitting
system.
This section states that “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
The advances made in
certain aspects towards
development of the
209
few existing permitted ‘commercial’ fishing operations are in reality small-scale
artisanal fisheries employing simple, manually operated gears such as trek- or
gill-nets.”
The above statement, and Policy as a whole, does not acknowledge some of the
successes, for example, the relatively well-developed trout industry within South
Africa. It is recommended that more research be done to ensure a more
evidence-based reflection of the status quo, rather than relying on generalised
statements to support the need for the Policy.
Suggestion:
The more in-depth evaluation of existing inland fishery initiatives within South
Africa is required. For example, the trout industry should be included in the
Policy.
sector are
acknowledged.
However, the greatest
extent of the inland
fisheries has been
overlooked.
There is sufficient
evidence indicating the
need for the
development of a policy
such as the “Scoping
Study on the
Development and
Sustainable Utilisation
of Inland Fisheries in
South Africa: A Report
to the Water Research
Commission” (2015)
which recommended
the development of a
policy to manage and
regulate the sector.
The public health or food safety concerns related to harvesting, packaging,
dispatch, transporting, labelling and the traceability of fish and associated
The DAFF will, in
consultation with the
The proposed section
summarised accordingly to
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products intended for human consumption should be monitored. departments
responsible for health
and
trade, establish product
quality and safety
programmes for
freshwater fisheries
foods which
conform, as far as
possible, with relevant
local standards and
requirements and, as
far as possible, with
international standards
or requirements.
be incorporated into the
policy as a new section under
“Food Safety”.
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