Tuna sector tries to clarify murky waters

‘Inconsistent’ policy sees industry take government to court

The government faces a legal showdown over foreign tuna-fishing vessels in South African waters.

Tuna SA, representing local stakeholders in the sector, has brought a challenge in the Western Cape High Court against tough new rules the department of forestry, fisheries and agriculture has introduced for joint ventures with foreign operators.

SA scrapped foreign access agreements in 2003 but the idea of using foreign vessels — under strict conditions — is back in favour because deep-sea tuna requires sophisticated ships that are not available locally.

In February, outgoing fisheries minister Senzeni Zokwana said he wanted foreign vessels to partner with black South Africans to help “transform” the pelagic sector, which covers tuna and tuna-like species.

Several foreign trawlers have been arrested in South African waters in recent years and charged with offences including illegal fishing. Recently, the navy was involved in a chase after a Chinese fleet fled into Namibian waters.

Fisheries boss Siphokazi Ndudane, who visited Japan last week, confirmed there had been “informal talks” with foreign stakeholders about tuna but said they had nothing to do with foreign access agreements.

“There are various countries that showed interest but these talks are not formal and if they become formal they will be open and transparent to ensure South African interests first and foremost,” Ndudane said, adding that formal international negotiations were meant to secure a fairer share of the resource for SA and other developing countries.

Industry sources this week said the government’s contradictory stance — publicly supporting foreign involvement in tuna, but hindering those local companies with existing joint ventures — was probably linked to efforts to a controversial development project involving 32 new tuna fishing entities.

The plan, revealed by Zokwana during the tuna rights allocation process, involves granting ring-fenced “development” rights via a new fisheries transformation council.

Industry stakeholders believe the department may be trying to twin development rights holders with foreign vessels to ensure viable commercial ventures.

In February, Zokwana said foreign vessels should not be the preserve of established companies.

“If we are to introduce new vessels it must be on the basis of transformation. It doesn’t help a black person to have rights but no access to a vessel. It is what has kept black people on the periphery of the fishing industry.”

Speculation about a move towards foreign vessels has also been fuelled by changes to permit conditions relating to shark by-catch in the tuna sector.

The latest permit conditions removed any reference to foreign vessels, which previously had been limited to just 10% shark bycatch volumes. Shark by-catch is a valuable commodity for foreign vessels from the East, where shark fin is a delicacy.

The department said this change was linked to alignment of the pelagic fishing industry.

“These [foreign] vessels do not incur much of the shark by-catch [their catch is declining]. Their catch figures are reliable and can be verified through the 100% observer coverage,” the department said.

Ndudane said the department could not dictate which vessels a rights-holder used “as long as the vessels comply with the particular sector-specific policy and the general policy requirements”.

She said the development plan for 32 rights applicants was on track.

The plan has aroused suspicions because it circumvents the conventional rights allocation process, prompting fears that it might be used to enrich a few politically connected “paper quota holders” rather than effect genuine transformation.

The South African Deep-Sea Trawling Industry Association reiterated its opposition to foreign boats in local waters this week. Its secretary, Johann Augustyn, said: “There are more than enough vessels active in most sectors at present and overcapacity in some.”

In their court papers, stakeholders represented by Tuna SA said the tough new management restrictions on foreign joint ventures were at odds with the government’s pro-joint venture stance.

Foreign vessels were also the only way for SA to catch its increased 450-ton quota of southern bluefin tuna, the industry said. Last year the fishery landed less than 150 tons.

“If the allocation is not properly utilised it will be withdrawn and allocated to other member states,” the papers said.

Ndudane said many countries were battling to catch their full tuna quotas.