Minister may be flouting law on fishing in Tsitsikamma

A Rhodes University marine scientist has warned that it is probably illegal for any cabinet ministerto unilaterally open a proclaimed marine protected area (MPA) on the basis of a fisheries restitution claim by any specific local community. Professor Peter Britz, of the university’s department of ichthyology and fisheries science, wasreferring to the controversy that has resurfaced over the possible opening of a section of theTsitsikamma MPA for subsistence and recreational fishing.

The marine science and conservation community is buzzing after well-sourced reports that Environmental Affairs Deputy Minister Rejoice Mabhudafhasi would announce the government’s intention to reopen parts of this MPA, offshore of the Tsitsikamma National Park, to fishing when shevisits the area on Thursday.

It is the oldest marine reserve in the world, proclaimed in 1964, and fishing has been progressivelyreduced here since 1975. It was totally prohibited in 2000 because of the collapse of linefish stocks. Mabhudafhasi’s spokesman, Peter Mbelengwa, has denied that the deputy minister would announce the resumption of fishing in the MPA, but has not yet responded to a request for clarity as to whethershe might indicate that the government intends opening parts of this reserve to some local Tsitsikamma fishermen, in terms of its new draft indigent fisheries policy released recently for public comment.

In 2006/07, Mabhudafhasi championed a process to have the MPA reopened for recreational and subsistence fishermen from the region, and was supported by officials in her department. But afterconsidering a flood of objections from other marine scientists and environmentalists, her then boss, Marthinus van Schalkwyk, turned down the proposal.

This week is National Marine Week 2010, with the theme “Oceans of Life”, and Mabhudafhasi isscheduled to visit Tsitsikamma on Thursday for a “Tsitsikamma Community Event” as part of thecampaign’s celebrations.Responding to the latest reports, Britz pointed out that the Tsitsikamma National Park’s management plan already had a “very strong and holistic socio-economic orientation”.

“And South Africa has had a rigorous consultative process to draft our constitutionally based fisheries and environmental management legislation with due regard to past inequities. Opening fishing in the park would undermine this negotiated and hard-won ‘good governance’ framework, which makes allowance for community participation,” he said.

The Tsitsikamma National Park was a national asset and every South African sacrificed theopportunity to fish there, he added.“As South Africa’s post-apartheid restitution arrangements are well defined in law and various institutions, it would probably be illegal for a minister to unilaterally open the park to fishing on thebasis of a very specific restitution claim by the local community.”

Source: Cape Argus