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State of Management of South Africa’s ... - WWF South Africa

State of Management of South Africa’s ... - WWF South Africa

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STATE OF MANAGEMENT OF SOUTH AFRICA’S MARINE PROTECTED AREASPERMITS AND FEESLemm and Attwood (2003) identified the need to review the MLRA such that fees for allcommercial activities and some recreational activities in MPAs may be charged andcontributed to the management <strong>of</strong> the MPA. The lack <strong>of</strong> regulation <strong>of</strong> activities other thanfishing in MPAs, and the lack <strong>of</strong> a permit system for these activities were also identified asweaknesses in the MLRA (Lemm & Attwood 2003).All three <strong>of</strong> these issues have been dealt with to a limited extent through the introduction <strong>of</strong>permits for recreational SCUBA diving in MPAs in 2007 and the annual permits for boatbasedwhale watching and white shark cage diving in 2008. The application process andpenalties for contraventions are provided in the regulations drawn up for each activity, andthe fees payable in respect <strong>of</strong> permits are listed in Government Notice No. 397 <strong>of</strong> 2009. Thefees paid for these permits contribute to the MLRF from which funds for the management <strong>of</strong>MPAs are allocated.MANAGEMENT PLANSThe following deficiencies were identified as weaknesses in the legislation in previousassessments (1997 and 2003): legislation did not include a requirement to develop statutory management plans, and legislation did not provide a standardised format for management plans.The regulations for MPAs declared from 2004 onwards require that management plans beimplemented within six months from the date <strong>of</strong> commencement <strong>of</strong> the regulations, however,no standardised format is provided. The requirement to develop management plans and thecontents <strong>of</strong> those plans should be specified in the Act and not just the regulations.DELEGATION OF RESPONSIBILITIES AMONG INSTITUTIONSThe promulgation <strong>of</strong> the NEM:PAA has improved the co-ordination <strong>of</strong> MPA management byfacilitating the delegation <strong>of</strong> management responsibilities to conservation agencies managingterrestrial protected areas adjacent to MPAs. This legislation has led to the formalization <strong>of</strong>MPA management within conservation agencies through the signing <strong>of</strong> managementagreements with MCM. Furthermore the NEM:PAA facilitates the integrated management <strong>of</strong>the coastal and marine environments and recognises that the systems are interlinked as isenvisaged by the NEM:ICMA.PUBLIC INVOLVEMENTThere is no requirement in the MLRA to ensure public involvement in decisions pertaining toMPAs; however administrative actions performed under the MLRA have to be in accordancewith the section 2 principles <strong>of</strong> NEMA which require that:‘(f) The participation <strong>of</strong> all interested and affected parties in environmental governancemust be promoted, and all people must have the opportunity to develop theunderstanding, skills and capacity necessary for achieving equitable and effectiveparticipation, and participation by vulnerable and disadvantaged persons must beensured’,Pg 142

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