State of Management of South AfricaÃ¢â¬â¢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 of the MPA. The lack of regulation of activities other thanfishing in MPAs, and the lack of a permit system for these activities were also identified asweaknesses in the MLRA (Lemm & Attwood 2003).All three of these issues have been dealt with to a limited extent through the introduction ofpermits 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 of permits are listed in Government Notice No. 397 of 2009. Thefees paid for these permits contribute to the MLRF from which funds for the management ofMPAs 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 of commencement of the regulations, however,no standardised format is provided. The requirement to develop management plans and thecontents of those plans should be specified in the Act and not just the regulations.DELEGATION OF RESPONSIBILITIES AMONG INSTITUTIONSThe promulgation of the NEM:PAA has improved the co-ordination of MPA management byfacilitating the delegation of management responsibilities to conservation agencies managingterrestrial protected areas adjacent to MPAs. This legislation has led to the formalization ofMPA management within conservation agencies through the signing of managementagreements with MCM. Furthermore the NEM:PAA facilitates the integrated management ofthe 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 of NEMA which require that:‘(f) The participation of 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
STATE OF MANAGEMENT OF SOUTH AFRICA’S MARINE PROTECTED AREAS‘(g)Decisions must take into account the interests, needs and values of all interested andaffected parties, and this includes all forms of knowledge, including traditional andordinary knowledge’,While the requirement to manage MPAs in accordance with the Section 2 principles of NEMAdoes provide a means to ensure that the interests of communities and other interestedparties are accounted for, there is still a lack of guidance as to how these factors will beconsidered and incorporated in MPA designation and management. The MLRA shouldexplicitly require processes for: consultation with stakeholders in the declaration of MPAs; stakeholder capacity building; protection of civil rights of stakeholders affected by MPA related decisions; the identification of stakeholders;the establishment of a forum/committee for each MPA comprising of representativesof all stakeholders.OTHER NOTED DEFICIENCIES:With respect to the guidelines provided by Young (2006) for a suitable legislative frameworkfor MPAs, there are several deficiencies in South Africa’s legal framework relevant to MPAs.There is a lack of detailed processes for the following: identifying and declaring MPAs; decommissioning MPAs; research, monitoring and review of MPAs the ability to develop statutory zoning plans.MANAGERS SUGGESTIONS:Compile a guidebook of the applicable legislation in simple language so to aid withinterpretation;Define ‘adverse effect’;The flexibility of regulations should be increased to allow for more adaptive practicalspatial management;Ban diving in Sardinia Bay and Betty’s Bay;Implement a water-proof card system for SCUBA diving permits;Increase the admission of guilt fines to create a greater deterrence;Raise the profile of poaching beyond that of a ‘petty crime’;Provide greater control over vessel access to MPAs, andReinstate the Green Court.Pg 143
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