Small-Scale Framework is falling short

SOUTH Africa is home to tens of thousands of small-scale fishers and fishing households. Some fish purely for consumption and subsistence, while others make up a small commercial sector.

Small-scale fishers have long suffered discrimination in South Africa. Under the apartheid government’s segregation policies, many were forcibly removed from their homes and traditional fishing grounds. They were also unable to sell their catch.

Despite high hopes for reform under the post-apartheid government, policies did not favour the majority of small-scale fisheries. Instead they emphasise privatisation and economic growth.

As a result, small-scale fishers in the Western Cape joined forces with prominent NGOs and academics. They fought for rights for the sector and a recognition of their way of life. This led to the creation of a regulatory framework that acknowledges their constitutional rights to equity, food security, livelihood and culture.

This Small-Scale Framework consists of a Small-Scale Policy (2012), amended Marine Living Resources Act (MLRA) (2014), and Small-Scale Regulations (2016). It provides fishing access rights to small-scale fishing communities, and specifically recognises vulnerable groups within the fishing sector (such as women, youth, the elderly and the disabled).

However, in a recent research paper, we argue that while the framework is progressive in some ways, it doesn’t go far enough. It doesn’t take sufficient account of the vulnerability and marginalisation of small-scale fishers and fishing communities. Poor implementation of the framework has added to these concerns.

The framework’s contribution to poverty reduction and development is thus undermined.

For example, stocks harvested by small-scale fishers – particularly high-value stocks such as abalone and West Coast rock lobster – are severely over-exploited. The harvestable amount of West Coast rock lobster is estimated to be around 2% of pre-exploitation levels.

Within small-scale communities, further inequalities may arise. Women, youth and those of different cultures and religions are often discriminated against. For instance, in South Africa, traditional practices mean that even though women are active in the sector, they are generally excluded from “fishing community” meetings with government actors.

The Small-Scale Framework falls short. It attempts to alleviate poverty by allocating fishing rights to the small-scale sector – but it imposes stringent conditions on allocation. Young people, foreign residents, fishers engaging in alternative livelihoods and any fisher who is not part of a designated community cannot obtain rights.

The framework also lacks ways of ensuring that rights are fairly distributed. It doesn’t have provisions that could help to reduce elite capture.

Amendments to the framework should focus on reducing vulnerability and marginalisation in the sector in the following ways:

Stronger procedures should be put in place to uplift marginalised groups within the sector. They need training in value chain development and sustainable harvesting practices. Collaborative activities, such as fish processor cooperatives, should be promoted. People must be appropriately included and consulted on the issues that affect them.

Elite capture should be addressed. This is a form of corruption where resources are “captured” by a few powerful individuals to the detriment of the wider community.

Finally, eligibility criteria for obtaining fishing rights should be expanded to include a larger subset of the sector.