Environmental AffairsOceans & Coasts Mandate Discussion

Presentation to the Portfolio Committee

12 February 2013

Department of Environmental Affairs

13 Slides – 25 minutes

1

It begins in the early 1900s

• Commercial exploitation of fish began around the 1900s.• Research surveys started in the early 1900s –

• Department of Agriculture and Fisheries

• Evolved into sustainable fisheries organisation to set up catch limits, Division of Sea Fisheries, later Sea Fisheries Research Institute - SFRI.

• Sea Fisheries housed in various departments– Economic Affairs, Industries, Agriculture, and since 1983 under the Ministry of

Environmental Affairs (and Tourism)

• “Sustainable fisheries” ethos evolved among researchers who led the setting of catch limits.

2

1998 Marine Resources Act

• Primarily a fisheries management policy tool

• Notably included section 43 on marine protected areas (MPAs)

• MPAs as a fisheries tool contribute to fisheries management through protecting fish spawning and feeding grounds

3

Oceans & Coasts Management Global from fisheries to environmental management

• Global trend to move from “sustainable fisheries” to environmental management

• Traditional human relationship with oceans has been through fisheries

• Expanded & emerging use of oceans changing view of ocean management

• E.g. mining, pharmaceutics, geo-engineering, energy, shipping and sea trade, high sea access and benefit sharing

4

Consequence of Managing Oceans & Coasts through a Fisheries Filter

• Most environmental data over last century concentrated on commercial fishing grounds

• No national coastal water quality programme• Very little sea bottom data, many living and non living

resources undocumented

5

The Declarations

• The Presidential Proclamation– July 2009 transferred aquaculture to DAFF– February 201 transferred capture fisheries to

DAFF

6

The 2010 Separation Implications

• DEAT Marine and Coastal Management was divided• Fisheries Management moved to DAFF• Integrated Coastal Management remained with DEA• Research divided with fisheries research to DAFF and

environment researchers (ecosystems, species, plankton & ocean physics and chemistry) with DEA

• All ships (research and patrol) and all compliance officers moved to DAFF

7

CLARIFY JURISDICTION

• Air Jaws Africa CC vs Minister of Water & Environmental Affairs

• Appeal• Marine Protected Areas• Discussions between DEA, DAFF & Presidency • Way forward

8

AIR JAWS V MIN DEA BACKGROUND

• BBWW – before permit allocation process operated via exemptions

• Air Jaws was exemption holder/operator• Poorest performer and lowest scorer therefore

was not awarded a permit• Appealed and lost the appeal• Reviewed Minister’s decision in WC High Court

9

AIR JAWS V MIN DEAJURISDICTION - JUDGEMENT

• Acting Judge Van Staden held inter alia:- Uncertainty about the extent of the envisaged transfer of

functions under MLRA and the WSCD regulations - Minister of DEA might not have the power- Should consider amending proclamation to clarify

• Appeal pending:- Proclamation customary format – states what is

transferred but not what is NOT transferred (i.e. remained with the DEA)

- MPAs S 43 MLRA and its regulations, and conservation regulations – Boat-based Whale watching and protection of Turtles and White Shark Cage Diving Regulations

10

• Discussions between DEA, DAFF, Presidency and State Law Advisers regarding jurisdiction over MPAs and BBWW and WSCD

• AGREED:– MPAs – s 43 power to declare and un-declare MPAs =

DEA Minister – Management of fishing zones within MPAs incl specific

regulations = DAFF– Zonation and declaration within MPAs consultation with

DAFF– BBWW and WSCD = DEA Minister

MARINE PROTECTED AREAS

11

WAY FORWARD

•Proclamation to clarify mandates and include:– what has been transferred, the extent thereof– What had NOT been transferred and extent thereof

•Current status:– Proclamation drafted and agreed upon by DEA,

DAFF, Presidency and State Law Advisers– State Law Advisers finalising and will present to

executive of DEA, DAFF and Presidency

12

THANK YOU