Abstract
The governability of small-scale fisheries located adjacent to Marine Protected Areas (MPAs) in South Africa has increasingly come under scrutiny as communities, social science researchers, NGOs and human rights activists challenge current governance approaches that disregard the socio-cultural rights and livelihood needs of fishing communities living within or adjacent to MPAs. Drawing on research conducted in seven case studies in South Africa, this chapter explores the current mismatch between the realities facing fishing communities impacted by MPAs and the state-centric and natural science-based approach to governance adopted by South Africa’s fisheries management and conservation authorities. This approach to MPA governance persists despite a suite of policy reforms and political rhetoric that indicates the embrace of a more people-centred approach to natural resource governance. The key focus of this chapter is to gain a deeper understanding as to why this mismatch persists despite almost 20 years of democracy and policy reforms. While the devastating impact of South Africa’s political history is evident in all cases, other factors that inhibit meaningful change and formation of robust governance systems, are highlighted. These include the persistence of a natural-science paradigm; the divergent principles, values, worldviews and images amongst governance actors; institutional shortcomings; failure to recognize and respect local and customary forms of governance; and the lack of attention to implementation mechanisms that are informed by all governance actors.
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Notes
- 1.
These include the Living Marine Resources Act of 1998, National Environmental Management (NEM) Act of 1998, NEM: Protected Areas Act of 2003 and its amendment of 2014, NEM: Biodiversity Act of 2004, as well as various Biodiversity Assessments (2004 and 2008) and the National Protected Area Expansion Strategy (RSA 2008).
- 2.
“No-take” MPAs refer specifically to MPAs where no fishing is permitted. Other MPAs may allow fishing of certain species and may also have zones where certain activities (eg boating, fishing, only passive recreation) are allowed.
- 3.
Case studies include fishing communities at Olifants Estuary, Langebaan lagoon, Hangberg in Hout Bay, Tsitsikamma, Dwesa-Cwebe, Hluleka and Kosi Bay.
- 4.
There are various examples where fisheries have openly defied the state and fished in protected areas. For example in 2007, approximately 70 armed local fishers including both those involved in recreational and subsistence fishing, entered the Tsitsikamma MPA in the southern Cape and fired gunshots in front of the conservation officers.
- 5.
The term “illegal” has been placed in quotation marks as fishers are claiming rights to these waters where they have historically fished. In cases where small-scale traditional fishers have continued to practice their fishing traditions, the term “informal” fishing is used in preference to “Illegal” fishing.
- 6.
Interim relief permits were the outcome of an Equality Court Ruling in 2007, to provide traditional fishers with legal access to marine resources under specified conditions, while a new small-scale fishing policy was being developed. These permits are still issued on an annual basis to traditional fishers that meet certain government criteria until such time as the new Small-scale Fisheries Policy (DAFF 2012) is implemented.
- 7.
The fishers of the Olifants Estuary have been working closely with social science researchers at the University of Cape Town, two NGOs namely, Masifundise Development Trust and the Legal Resources Centre, and a community-based organization Coastal Links, for several years to have their rights recognized and their livelihoods preserved.
- 8.
The People and Parks initiative of the Department of Environmental Affairs is one such example although it has a strong terrestrial focus and has made considerable progress in engaging local communities and other stakeholders in planning and management decision-making. However, this approach is not evident in the MPAs investigated in this study.
- 9.
For example the Traditional Governance and Leadership framework Act of 2003 contains provisions to enable delegation of authority over natural resources to traditional leaders.
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Sowman, M. (2015). Governability Challenges Facing Small-Scale Fishers Living Adjacent to Marine Protected Areas in South Africa. In: Jentoft, S., Chuenpagdee, R. (eds) Interactive Governance for Small-Scale Fisheries. MARE Publication Series, vol 13. Springer, Cham. https://doi.org/10.1007/978-3-319-17034-3_19
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