Victory for WWF and the rock lobster

Total allowable catch ruled unconstitutional

THE Department of Agriculture, Forestry and Fisheries has been dealt a blow after the Western Cape High Court declared its total allowable catch (TAC) for West Coast rock lobster unconstitutional.

Environmental group World Wide Fund for Nature (WWF), which took Fisheries Minister Senzeni Zokwana to court challenging the 2017/18 quota of 1924.08 tons, has lauded the finding, saying the resource has declined drastically over the past 50 years as a result of overfishing.

WWF approached the court to challenge the department’s TAC, which they argued was at “a level which fundamentally undermines its long-term survival and the future of the fishermen who depend on this valuable resource”.

They argued, among others, that the quota was contrary to scientific evidence, which recommended a TAC of 790 tons.

The court found the determination of TAC for the 2017/18 fishing season was inconsistent with the Constitution and the National Environmental Management Act.

“In giving my reasons, I have indicated that (the TAC) could not rationally have (been) set at a level higher than 1 167 tons. This would have ensured no further decline in the resource, but would not have aided its recovery. Even a determination of 1167 tons may thus have been impeachable on review. Much may have depended on the reasoning on which it was based and, in particular, on the decision-maker’s forward planning,” said Judge Owen Rogers.

The WWF said: “The sad reality is that the West Coast rock lobster resource has declined dramatically over the last 50 years as a result of overfishing, to the point where it is approximately only 1.9% of its original, pre-fished stock size. At such low levels, the risk of West Coast rock lobster becoming commercially extinct is extremely high, with dire socio-economic and ecological knock-on effects.

“This judgment is just a start. There is still much work to be done to ensure our important marine resources are sustainably managed and to save the West Coast rock lobster fishery from commercial extinction.”

The organisation said they expected the department to set the next season’s TAC at a level “that will allow this resource to recover”.

Khaye Nkwanyana, Zokwana’s spokesperson, said they were studying the judgment, but they maintained the quota was based on the socio-economics of the country.

Admittedly, Nkwanyana said, they should have elaborated on that point when asked to justify the TAC.

“We considered many factors when arriving at our decision – not just scientific evidence. We want to diversify the industry and make sure those who have been marginalised now have access to the industry. It’s important that the previously disadvantaged get a chance to benefit,” Nkwanyana said.

Zokwana told a press conference last month the department was opening doors for more blacks to benefit from the fishing industry, which has been dominated by whites and foreign companies.

Zokwana said a balance had to be struck between socio-economics and the sustainability of marine resources.

At such low levels, the risk of West Coast rock lobster becoming extinct is high