Marine Living Resources Act: Regulations relating to small-scale fishing (No. 229 of 2016)

COMMENCEMENT OF MARINE LIVING RESOURCES AMENDMENT ACT, 2014 In terms of section 7 of the Marine Vying Resources Amendment Act, 2014, (Act no 5 of 2014), 1. hereby, by means of the accompanying proclamations in Engl)sh and Afrikaans, determine that the Act shall come into operation On the date of pubiication of the accompanying preciamatiOns. Gilon under my hand and the seal of the Republic of South, Africa at ..ig..on this... day of Two Thousand and Sixteen. MARINE LIVING RESOURCES ACT, 1998 (ACT NO. 18 OF 1998) REGULATIONS RELATING TO SMALL.SCALE FISHING I, Senzeni Zokwana, Minister of Agriculture, Forestry and Fisheries, hereby publishes the Small Scale Fishing Regulations in terms of section 19 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998) (MLRA) and provide communities an opportunity to register their expression of interest with the Department, in terms of Regulation 2(1) of the Small Scale Fishing Regulations, within 30 days of the publication of this notice, Minister of Agriculture, Forestry and Fisheries Date: / 3 ---- 65/ 02-0/ Sr This gazette is also available free online at www.gpwonline.co.za 6 No. 39790 GOVERNMENT GAZETTE, 8 MARCH 2016 PRESIDENT'S MINUTE No. 44 Government notices • GoewermentskennisGewinGs Agriculture, Forestry and Fisheries, Department of/ Landbou, Bosbou en Visserye, Departement van DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES NO. 229 08 MARCH 2016 229 Marine Living Resources Act (18/1998): Regulations relating to small-scale fishing 39790 joyk Rectangle REGULAMNS RELATING TO SMALLSCALE FISHING Senzeni Zokwana, Minister of Agriculture, Forestry and Fisheries, hereby under sections 19 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998), make the regulations in the Schedule. SCHEDULE Arrangement of regulations 1. Definitions 2. Process and procedures relating to the allocation of small-scale fishing rights 3. Time periods 4. Criteria for small-scale fishers, small-scale fishing communities and small scale fishing rights allocation 5. Small-scale fishing areas and zones 6. Management of the rights of access 7. Short title Definitions In these Regulations any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates "basket of species" means an arrangement where a pre-determined variety and quantity of marine living resources are allocated in terms of a small-scale fishing right in terms of a multi-species approach; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 MAART 2016 No. 39790 7 "Department" means the Department of Agriculture, Forestry and Fisheries; "near-shore" means the region of sea (including seabed) within close proximity to the shoreline; "the Act" means the Marine Living Resources Act, 1998 (Act No. 18 of 1998). Process and procedures relating to the allocation of small-scale fishing rights 2. (1) Communities wishing to be recognised as small-scale fishing communities must register their expression of interest with the Department using the form as provided for in Annexure 1. (2) The Department must conduct a verification procedure, in accordance with the time period specified in regulation 3, of each person considering themselves to be a srnall-scale fisher in each of the communities that have registered an expression of interest contemplated in sub-regulation (1). (3) The verification procedure must be conducted in order to determine whether each person of the intended small-scale fishing community, meets the criteria of a small-scale fisher as set out in regulation 4(1). (4) Communities may be required to assist the Department in verifying the small-scale fishers in their respective communities. (5) The Department must publish, in relevant popular newspapers, a list of persons recognised as small-scale fishers per small-scale fishing community. This gazette is also available free online at www.gpwonline.co.za 8 No. 39790 GOVERNMENT GAZETTE, 8 MARCH 2016 (6) The Department must assist small-scale fishing communities with the following: (a) Mobilizing and registering the small-scale fishing community as a co operative; (b) identifying suitable species to be used for commercial purposes and for own consumption by the co-operative; (c) demarcating small-scale fishing areas in accordance with regulation 5; (d) applying for a small-scale fishing right in accordance with the criteria referred to in regulation 4(3). Time periods 3. (1) Communities must be given a minimum of 30 days from date of publication of these regulations in which to register their expression of interest as contemplated in regulation 2(1). (2) The Department must start the verification procedure contemplated in regulation 2(3) of small-scale fishers within 60 days after the expression of interest process has closed. Criteria for small-scale fishers, small-scale fishing communities and small scale fishing rights allocation 4. (1) The criteria to be applied in determining whether a person is a small-scale fisher are that the person must (a) be a South African citizen who associates with or resides in the relevant small-scale fishing community; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 MAART 2016 No. 39790 9 (b) be at least 18 years of age; (c) historically have been involved in traditional fishing operations, which include catching, processing or marketing of fish for a cumulative period of at least 10 years; and (d) derive the major part of his or her livelihood from traditional fishing operations and be able to show historical dependence on fish, either directly or in a household context, to meet food and basic livelihoods needs. (2) A small-scale fishing community shall only be recognised as such if it contains a minimum of 20 small-scale fishers. (3) A small-scale fishing right must only be allocated to one co operative per small-scale fishing community that has as its membership all the verified small-scale fishers of that small-scale fishing community, (4) Other relevant criteria include the following: (a) Only a small-scale fisher shall be a member of a co-operative; (b) a small-scale fisher shall not own or be part-owners of a commercial fishing right; (c) a small-scale fishing community must have a management plan that must specify (i) what marine resources it would use and how the species would be utilized; (ii) reporting mechanisms; (iii) training and development support needs; This gazette is also available free online at www.gpwonline.co.za 10 No. 39790 GOVERNMENT GAZETTE, 8 MARCH 2016 (iv) measures to promote involvement of women and persons with disability; (v) social responsibility measures for child-headed households that are dependent on marine resources; (vi) social responsible measures for the youth to improve their levels of education and to provide opportunities for the youth to gain experience in the small-scale fishing sector; and (vii) those services that will be outsourced by the small-scale fishing community. Small-scale fishing areas and zones 5. (1) In order to facilitate the establishment of areas where small scale fishers may fish, the Department must set up a procedure to engage and consult with the small-scale fishing community in proposing demarcated areas that may be established as areas where small-scale fishers may fish. (2) For the purposes of sub-regulation (1), the demarcation must (a) be done in a manner that reduces conflict between small-scale fishing communities; and (b) take into account the mobility of each species in the allocated basket of species with sessile species requiring smaller fishing areas while nomadic and migratory species requiring larger are (3) if there are other activities that have a proven severe impact on the fishing activities of a small-scale fishers the Department shall by means of This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 MAART 2016 No. 39790 11 Gazette establish exclusive zones which can either regulate or prohibit these activities from operating in that area. Management of the rights of access 6w (1) The list and quantity of fish species to be allocated for commercial and own consumption purposes for each small-scale fishing community shall be considered after consultation with the relevant small-scale fishing community and by considering the following: (a) the request from the small-scale fishing community to fish for particular near shore species found within the fishing area of that small-scale fishing community; (b) the number of small-scale fishing community in the region competing for the same resources; (c) whether the marine species will be used by the small-scale fishing community for commercial purposes or for own consumption; (d) fish species that are listed on the non-saleable list in columns I and 2 of Annexure 2 shall only be caught for own consumption within the corresponding limits specified in columns 3 and 4 of Annexure 2; (e) fish species that are listed on the non-saleable optional list in columns i and 2 of Annexure 2 may be caught for own consumption within the corresponding limits specified in columns 3 and 4 of Annexure 2; (f) fish species that are listed on the prohibited list as ontained in Annexure 3, shall not be landed; This gazette is also available free online at www.gpwonline.co.za 12 No. 39790 GOVERNMENT GAZETTE, 8 MARCH 2016 (g) fish species listed on the permitted commercial list in columns I and 2 of Annexure 4 may be used for commercial purposes within the corresponding limits specified in columns 3 and 4 of Annexure 4; (h) if species listed on Annexure 4 are to be requested for own consumption instead of commercial use then all measures pertaining to these species will be aligned to own consumption, including the basket of fish species shall not exceed 10 fish per person per day; (i) invertebrate species listed in columns I and 2 of Annexure 5 shall only be used for own consumption within the corresponding limits specified in column3 of Annexure 5; any other non-listed species may be requested for commercial use or for own consumption subject to approval from the Department; in general, species requested by a small-scale fishing community for commercial purposes may not be used for own consumption and vice versa; species used for own consumption shall not be sold, but may be bartered within the local community; small-scale fishing communities shall not exploit organisms or fish in estuaries for commercial purposes, unless specifically approved in the basket of species; species requested for own consumption shall be made available for fishing to all small-scale fishers of a small-scale fishing community ; catching of fish for own consumption shall be limited to shore-based activities; in general, control measures pertaining to species used for own consumption shall be aligned with control measures established for the recreational sector (including bag limits, sizesíze limits, closed seasons etc); This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 MAART 2016 No. 39790 13 (q) (r) (s) the quantum of fish and number of licences and permits allocated shall be based on the total allowable catch and total applied effort allocated to the co operative for species used for commercial purposes; the following gear types are prohibited in the small-scale fishing sector: (i) bottom trawl; (ii) mid-water trawl;, (iii) purse seine; (iv) longline; and (v) gill nets south of Yzerfontein: and, vessel size limitations shall be in principle aligned to the corresponding commercial fishery. (2) Notwithstanding sub-regulation (1)(i), a small-scale fishing community has the authority to donate a portion of its commercial catch to its fishers for their own consumption: Provided that the amounts are accounted for against the allocation granted to the co-operative. (3) (a) When granting a small-scale fishing right to a small-scale fishing community, the initial apportionment of quantum and fishing effort to be made commercially available to each small-scale fishing community must be considered after consultation with all affected small-scale fishing communities. (b) The initial proportions agreed upon as contemplated in paragraph (a), must thereafter be used to apportion future annual small-scale fisheries total allowable catch and total applied effort allocated in a region. This gazette is also available free online at www.gpwonline.co.za 14 No. 39790 GOVERNMENT GAZETTE, 8 MARCH 2016 (4) Should small-scale fishing communities not be able to agree on the apportionment of the total allowable catch and total applied effort allocated in the same region, the apportionment shall be determined having regard to (a) accessibility to the resource by the small-scale fishing community; (b) the historical involvement of the fishers of the small-scale fishing community in the utilisation of the resource; and (c) the overall economic feasibility of the exploitation of the available species. (5) A small-scale fishing community may request to expand the basket of species allocated to it in future years if the species requested are found within the fishing area of the co-operative and the resources will be used for food security purposes. (6) In addition to sub-regulation (5) species which do not form part of existing Total Allowable Catch or Total Applied Effort apportionments may be considered for inclusion in the basket of species for commercial exploitation. (7) small-scale fishing communities shall be represented at national, regional and local management structures as part of a co-management approach in managing resource access or to address any other related operational matter. (8) Quanta and fishing effort as part of commercial fishing rights, which are suitable for small-scale fisheries, may be transferred to small-scale fishing communities subject to meeting all conditions for the transfer. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 MAART 2016 No. 39790 15 (9) Transferred quanta or fishing effort referred to in sub-regulation 8 shall be used under the management framework for small-scale fisheries. (10) (a) To improve beneficiation to small-scale fishers and to enhance the negotiation powers of small-scale fishing communities, small-scale fishing communities shall form secondary co-operatives with other small-scale fishing communities and shall only process and market wild captured marine resources through the secondary co-operative by the third fishing season of the small-scale fishing right been granted. (b) To order to achieve the objective of paragraph a, small-scale fishing communities are required to become a member of at least one secondary co operative which has applied for a fish processing right during the second fishing season after the small-scale fishing right has been granted. Short Title 7. These regulations are called the Regulations Relating to Small-scale Fishing, 2015. This gazette is also available free online at www.gpwonline.co.za 16 No. 39790 GOVERNMENT GAZETTE, 8 MARCH 2016 Department. Agriculture, Forestry and Fisheries REPUBLIC OF SOUTH AFRICA ANNEXURE SMALL-SCALE FISHING COMMUNITY EXPRESSION OF INTEREST FORM NAME SURNAME CELL NUMBER TEL NUMBER E-MAIL ADDRESS FISHING COMMUNITY NAME PROVINCE WHERE FISHING COMMUNITY IS LOCATED ESTIMATE OF HOW MANY FISHERS IN COMMUNITY DATE SUBMI I !ED SIGNATURE OF APPLICANT Note: It only takes one person from a community to register an expression of interest with the Department. After the expression of interest process, the Department will make contact with the community to arrange for a meeting date where the Department will verify all the fishers in the community. NB Submission of expression of Interest does not render the applicant a leader or representative of the community. For telephonic enquiry: 086 000 3474 Forms can either be e-mailed to expressionofinterest@dartgov.za or faxed to 021 402 3622 or hand delivered to the local compliance office or Ezemvelo KZN Wildlife office (the latter ìs applicable to KZN only), RECEIPT FOR WHEN EXPRESSION OF INTEREST FORM IS HAND DELIVERED TO A LOCAL FISHERIES OFFICE OR CUSTOMER SERVICE CENTRE DATE SUBMITTED: OFFICE WHERE FORM WAS SUBMITTED: NAME OF DAFF OFFICIAL RECEIVING FORM: SIGNATURE OF DAFF OFFICAL RECEIVING FORM: DEPARTMENTAL STAMP: This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 MAART 2016 No. 39790 17 ANNEXURE 2 NON-SALEABLE SPECIES PRESCRIBED LIST (Le, these species cannot be used for commercial purp COMMON NAME SCIENTIFIC NAME MINIMUM SIZE/ MASS none BAG UMTS f CLOSED SEASON NoneAnchovies Family Engraulidae Baardman , (beliman, tasselfish) Umbrina spp, 40 cm Banded galjoen Dichistius multifasciatus none Billfishes (marlin sailfish) Family istiophoridae none Blacktall (dassie) Dilodus serous 20 cm Blackti shark Carcharhinus Iimbatus none Blue stingray Dasyatis chrysonota none Bronze bream (bluefish' Pach metopon grande 30 cm 2 Bonefish Albula oligolepis none 10 ulira yliobatis aquila no Cape knifejaw Opfegnathus conwayi none Cape stumpnose Rhabdosargus holubi 20 cm Cow shark Notorynchus cepedianus none noneDusk shark Carcharhinus obscurus Galjoen Dichistius capensis 35 cm 2 Closed season from 15 October to last day of February Garrick (leery's) Lichia am/a 70 cm John brown G mnocrotaphus curvìdens none 1 5 Kingfishes Caranx sop. and Carangoides s. none Large-spot pompano (wave garrick) Trachinotus botla none 5 Leo fa d cat shark Porodemia pantherinum none î Lesser guitarfish/ sand shark Rhinobatos annulatus none Mangrove snapper Lu ' anus arventimaculatus none Milkshark Rhizoprionodon acutus Oplegnathus robinsoni none none 1 Natal knifejaw (cuckoo bass) Natal stumpnose (yellowfin bream Rhabdosargus sarba 25 cm 5 Red steenbras Petrus rupestris 60 cm ' Closed season from October to 30 November River bream (perch) Acenthopagrus bards 25 cm 5 River snapper (rock salmon) Lutjanus argentimaculatus 40 cm 5 Southern pompano and large spot pompano Trachlnotus spp, Pomadasys commersonnli none 40 cmSpotted grunter Springer (ten pounder) Elops machnata none This gazette is also available free online at www.gpwonline.co.za 18 No. 39790 GOVERNMENT GAZETTE, 8 MARCH 2016 Stonebream Neoscorpis lithophilus none 5 Strepie (karanteen) Sarpa salpa 15 cm 10 Striped cat shark Poroderma africanum none 1 West coast steenbras LIthognathus swat! 60 cm 10 White musselcracker (brusher, cracker) Sparodon durbanensis 60 cm White steenbras pignose grunter) Lithognafhus lithogna(hus Rhabdosargus globíceps 60 cm 25 cmWhite stumpnose Wolfherring Chirocentrus dorab none None Zebra Diplodus cervinus hottentotus 30 cm OPTIONAL LIST (Le. co.-operative can choose if species is to be used for commercial purposes or for own consumption. If used for own consumption then the following restrictions would apply) COMMON NAME SCIENTIFIC NAME MINIMUM SIZE/ MASS BAG LIMITS / CLOSE-1 SEASON Blue hottentot Pachymetopon aeneum none Carpenter (silverfish) Argyrozona argyrozona 35 cm Catface rockcod Epinephelus andersoni 50 cm 5 Chub mackerel Scornber japonicus none None Cutlassfish (walla walla Trichiurus lepturus none None Da eraad Ch soblephus crisUceps 40 cm 1 Dane Porcostoma dentate none 5 Elf (shad) Pomatomus se/tat& 30 cm 4 Closed season from 1 October to 30 November Englishman Ch soble,hus anglicus 40 cm False Englishman Chrysoblephus lophus none 10 Fransmadam Boopsoidea Mornata none 10 Garfishes Family Belonidae none None Geelbek (Cape salmon) Atractoscion eequidens 60 cm Glossies Family Ambssda flOulC None Hake 'stockfish Merluccius spp. none 5 Halfbeaks Family Hemiramphidae Trachurus trachurus capensis none none None NoneHorse mackerel I maasbanker Hottentot Pachymetopon bloc/ill 22 cm 10 Kingklip Genypterus capensis Scomberomorus commerson none none 1 10King mackerel Kob caught from a boat at sea [The province of KwaZo/u-Natal] Argyrosomus spp. 40 cm 5 but may only land or be in possession of one kob > 110 cm Kob caught in estuaries & from the shore [East of Cape Aguihas only) ArgyrosomusArgyrosamus spp. 60 cm Kob [West of Cape Aqulhas only] Argyrosomus spp. i 50 cm 5 Mullets i herders Family Mugilidae none 50 Pink ai. Pomaclasys olivaceum Cymatoceps news 75 50 cm 10 Poenskop (black This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 MAART 2016 No. 39790 19 steenbras or musselcrackerl Queen mackerel Scomberomorous plufilineatus none 10 Red stumpnose (Miss Lucy) Chrysoblephus gibbiceps 30 cm 1 Roman Chrysoblephus It/ceps 30 cm 2 Santer (soldier) Cheimerius nufar 30 cm 5 Sardines (pilchard and red e Family Clupeidae none None Saunes Scads Family Scorn beresocidae none None Decapterus se , none None Scotsman Po ste.anus praeorbitalis 40 cm 1 Slinger Ch soblephus peniceus 25 cm Snoek cape sno k) Th rsitesatun 60 cm 10 S eent te Sond tiosorna emarginaturn none 10 Tunas (tunny) Thunnus spp. Thunnus alalunge none none 10 10Albacore/ longfin tuna none 10 Bigeye tuna Thunnus obesus 3.2 kg Southern Bluefin tuna Thunnus maccoyii 6.4 kR 10 10Yellowfin tuna Thunnus albacares 3.2 kg White edge (Captain Fine) rockcod Epinephelus albomarginatus 40 cm Yellowbelly rockcod Epinephelus marginatus 60 cm Yellowtail Serio/a lalandi none 1 This gazette is also available free online at www.gpwonline.co.za 20 No. 39790 GOVERNMENT GAZETTE, 8 MARCH 2016 ANNEXURE 3 PROHIBITED SPECIES LIST COMMON NAME SCIENTIFIC NAME Basking shark Cetorhinus maximus Brindle bass Epinephelus lanceolatus Coelacanth Latimeria chalumnae Giant sandshark/guitarfish Rhynchobatus djiddensis Great white shark . Carcharorion carcherias Hammerhead shark Sphyrna zygaena Natal wrasse Anchichoerops natalensis Pipefish & seahorses Family Syngnathidae Potato bass Epinephelus tukula Sawfishes Family Pristídae Scalloped Hammerhead Sphyrna lewini Seventy-four Polysteganus undulosus Spotted gullyshark Triakis megalopterus Spotted ragged-tooth Carcharius Taurus Tiger shark Galeocerdo cuvier Whale shark Rhinocodon typus Zambezi shark Carcharhinus Ieucas This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 MAART 2016 No. 39790 21 ANNEXURE 4 PERMITTED COMMERCIAL LINEFISH SPECIES UST COMMON NAME SCIENTIFIC NAME M1NMUM SIZE BAG ' LIMITS CLOSED SEASON AREA RESTRICTIONS Carpenter Aroyrozona argyrozona Eptnephelus andersoni 35 cm 50 cm Unlimited Catface (brown spotted) rockcod Dageraad Chrysoblephus cristiceps 40 cm Elf (shad) Pornatomus saltatrix 30 cm Unlimited 1 October to 30 November Elf not permitted as a commercial species in KZN Englishman Chrysoblephus ant //Gus 40 cm " niimited Geelbek (cape salmon) Atractoscion aequidens Merluccius spp. 60 cm Unlimited Subject to quota allocation Hake (stockfish ) Hottentot Pachymetopon biochii 22 cm Unlimited Kob Argyrosomus spp. 50 cm Unlimited, but may only land or be in possession of one kob > 110 crn 1 per day. 1 Unlimited West of Cape Aguihas only Cape Aguihas to Umtanivuna Kob Argyrosomus spp. 50 cm Kob Argyrosomus spp. Pornadasy olivaceum 40 cm 75 mm The province of KZN Pinky (piggy) Poenskop (black steenbras or rn U sselcracker) Cymatoceps nasutus 50 cm Red stumpnose (miss lucy) Chrysoblephus gibbiceps Chrysoblephus laticeps Cheimerius nu far 60cm 30 cm 30 cm Unlimited Unlimited Unlimited Roman , Sanier (soldier)i Scotsman Polysteganus praeorbitali.s 40 cm 1 Slinger Chrysoblephus puniceus 25 cm Unlimited Snoek (cape snoek) Thyrsites atun 60 cm Unlimited Strepie karanteen Serpa salpa 15 cm Unlimited Tunas Thunnus spp. Thunnus alalunga 10 in total for all Thunnus spp. Unlimited Albacore Bigeye Thunnus obesus 3.2 kg Southern bluefin Thunnus maccoyli 6,4 kg Yellowrin tuna Thannus elbacares Epinephelus albornarginatus 3.2 kg 40 cmWhite edged (captain fine) rockcod White stumpnose Rhabdosargus globiceps 25 cm Unlimited This gazette is also available free online at www.gpwonline.co.za 22 No. 39790 GOVERNMENT GAZETTE, 8 MARCH 2016 ANNEXURE 5 Nf3NSALEA.Bi E NüiMRTEB TE SPECIES Cr MMON NAME SCIENTIFIC NAME BAG LIMIT Aiikreukel Turbo sarmaticus 5 Black mussel Myfilus, Choromytilus 30 Blood worm Arenicola /oveni 5 Bobbit worm (errant wormy Eunice aphroditois Plagusia chabrus Gunnarea capepsis 10 or 250 ml container 15 10 or 250 mi container Cape /red rock crab Coral worm /Cape reef worm Ghost crabs Ocypode spp. 15 6 15 30 Giant chiton ' Dinoplax gigas 1 Grapsus pp. Emerita austroafricana Green & Natal rock crab Mole crab / sea lice Mole crab l sea lice Hippa adactyla 30 Moonshine worm Arabella irícolor 10 or 250 mi container Mud /man rove /Knysna crab Scylla serrata Pseudonereis variegate e 10 or 250 mi containerMussel worm Pencil bait Solen capensís Solen cyiindricus Ox stele sinensis Turbo cidaris cidaris 20 20 50 50 Pencil bait Periwinkle / Pink -lipped topsheil Smooth turban shell Tapeworm /ribbon worm Polybrachiorhynchus dayi 10 or 250 mi container Wonder worm Marphysa senguinea 10 or 250 mi container This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 8 MAART 2016 No. 39790 23