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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

1

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

2

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


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

3

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

4

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

5

http://www.sefa.org.za/

http://www.seda.org.za/

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


plans. The ecosystem

approach to fisheries

(EAF) strives to

balance diverse

6

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


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.

7

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.

8

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

9

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


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

10

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

11

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

12

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

13

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


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

14

measures that can be

implemented within the

current legislative

framework (before 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

15

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

16

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

17

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


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

18

Aquaculture

Development Bill (for

fish farming) and the

National Freshwater


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-


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

21

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

22

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;

23

How will the policy address the environmental approach to agriculture as the

legislations are based on conservation and not fisheries?

An ecosystem


(EAF) strives to

balance diverse



knowledge and


abiotic and human

components of


interactions and



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.

24

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



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

29

issued.

How will the DAFF educate people on the application of permits This aspect forms part

of policy



building. The


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


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


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


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


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


34

development of the


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


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


the strategy.

Will policy make provision on fish branding from fish farmers (for the purpose of

sales)

The policy focuses on


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



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,


policy is envisaged to

start in September

2020 and this is a

legislative process with

its own timelines, due


40

However, the

Department will seek

legal advice on the

intermediate measures

that can be


current legal framework

(before 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



building. The


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


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


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


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


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


57

relevant stakeholders.

Honorary Fisheries Compliance Officers should be considered for compliance

related issues.


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-



of Social Development

will be included for

participation on the co-


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



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


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-


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-


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


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



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


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


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.


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


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?


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


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?


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?


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.


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


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


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


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.


to languages have

been noted and the


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.


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



National Treasury.

Will the fees differ for the different user groups? An appropriate fee

structure will be

determined during

implementation in

85



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-


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


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


in consultation with 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.


the correct gear types

to be used. Gear to be

used will be identified in

the resource

management plans for


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-


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-


will be reviewed to

include relevant role-

players including the

traditional leaders.

However, more

stakeholders will be

91

identified and included

when the co-


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



that a broader and

more focused


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.


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


However it makes

provision for law

enforcement on the

water bodies.

Consultation should be broadened to include Magoshi (Chiefs). Noted. In the next

93



that a broader and

more focused


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


officials is one of the


focus areas.

Appropriate

organisational

arrangements and

capacity will be

established within

mandated national and


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


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.


decision making

regarding the type of

gear to be used on


This information will be

part of the resource

management plans to

be developed for


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


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



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


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.


will be conducted in

order to establish the

required enforcement

personnel to deal with

non-compliance. The


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.


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


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.


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.


decision making



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.


decision making

regarding the gear type


water bodies. This


of the resource

management plans to

be developed for


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.


conducted in order to

establish the required


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.





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





provided for by the

policy.

The policy seeks to

105


be taking a

precautionary


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.



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.


decision making



water bodies. This


of the resource

management plans to

be developed for

106


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



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


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





provided for by the

107

policy.

The policy seeks to


be taking a

precautionary


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


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



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.



order to establish the



non-compliance. The


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


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


decision making


110

these species occurs. to be used on specific

water bodies. This


of the resource

management plans to

be developed for


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.


decision making



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.


decision making



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




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


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.



order to determine the



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.




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



and more focused


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







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.


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


empowered. This




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


empowered. This




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


(EAF) strives to

balance diverse



knowledge and


abiotic and human

components of


interactions and


121


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


within inland

waterbodies will be

recognised by the

policy.

The traditional leaders

will form part of the co-


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



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


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


some of the key


and as such will be

obtaining a legal

opinion on the



current legislative



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


water bodies. This


of the resource

management plans to

be developed for


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


empowered. This




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-


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


some of the key


and as such will be

obtaining a legal

opinion on the



current legislative



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


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.




and more focused


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






134


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.




and more focused


There was no proper consultation with Amakhosi. In the next round of



and more focused


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



and more focused


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.


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.


to languages have

been noted and the


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



that broader and more

focused consultations

occur.

Loud hailers were not used to invite the community to the meeting. In the next round of



and more focused


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


137

empowered. This




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







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.


decision making

regarding gear type to

be used on specific

water bodies. This


of the resource

management plans to

be developed for


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.



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.




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


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



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.


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







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


plan and resource

management plans


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.


decision making


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


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


decision making



water bodies. This


of the resource

management plans to

be developed for


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



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



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.




policy Implementation

focus areas.

Appropriate

organisational

arrangements and

capacity will be

established within



148



fishery management


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


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,



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.


policy Implementation

focus areas.

Appropriate

organisational

arrangements and

capacity will be

established within



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


policy.




in the implementation

plan and specific

resource management

plans to be developed

for specific

waterbodies. Fisheries


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


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


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


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?


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


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


165

address the inland fishery development opportunities and challenges on specific

water bodies.

Comment:

Who will provide this training? At what cost?



focus areas.

Appropriate

organisational

arrangements and

capacity will be

established within





fishery management


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

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+Inland+Fisheries+in+South+Africa+Volume+1%26start%3D1



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


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


and Developmental

Planning.

“Small scale fishers have expressed concerns that their fishing rights, customary


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.


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.”


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


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.



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




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


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


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


plans. The ecosystem


(EAF) strives to

balance diverse



knowledge and


abiotic and human

components of


interactions and


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.”


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


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


process involved



the Department of


and Developmental

Planning.


will be undertaken

which will inform



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


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


process involved



the Department of


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


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.


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-


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


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.






and their environs.



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


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.






and their environs.



The issue was


initial Socio-Economic

Impact Assessment

and will be

reconsidered during the

final SEIAs.


200

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







subsectors will be

established.


will be undertaken

which will inform



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

201

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


surveillance in

cooperation with the

relevant mandated

authorities.

The needs analysis will

be completed and it will

202

consider matters

related to the required


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-


will be the first conflict

resolution mechanism.

It is important to make





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

203

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.

204

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


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

205

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-


will be the first conflict

resolution mechanism.

It is important to make





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


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


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


The proposed section

summarised accordingly to

210

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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