Government Increases Sardine Total Allowable Catch By 6 000 Tonnes

The South African Department of Forestry, Fisheries and the Environment (DFFE) has increased the sardine Total Allowable Catch (TAC) for areas west of Cape Agulhas by 6,000 tonnes, raising the overall limit from 30,500 tonnes to 36,500 tonnes. This adjustment, made following a scientific review by the Small Pelagic Scientific Working Group, aims to address a critical shortage of sardines for processing in the commercial small pelagic sector, thereby safeguarding over 5,000 livelihoods. The decision underscores the DFFE's commitment to balancing socio-economic stability with sustainable resource management, operating within the framework of the Marine Living Resources Act, 1998.

The South African fishing industry has recently witnessed a significant development with the Department of Forestry, Fisheries and the Environment (DFFE) announcing an increase in the sardine Total Allowable Catch (TAC) for areas west of Cape Agulhas. The overall limit has been adjusted upwards by 6,000 tonnes, moving from 30,500 tonnes to 36,500 tonnes. This decision, communicated by Minister of Forestry, Fisheries and the Environment, Willie Aucamp, is a direct response to urgent appeals from stakeholders in the commercial small pelagic sector, who reported severe shortages of sardine for processing. These shortages had led to operational scale-downs, placing over 1,000 jobs at immediate risk and threatening the livelihoods of more than 5,000 individuals.

This adjustment is not merely an administrative change but reflects a complex interplay between economic imperatives, social welfare, and environmental stewardship. The DFFE's action, while addressing immediate industry concerns, is firmly rooted in the principles of sustainable resource management as enshrined in the Marine Living Resources Act, 1998 (Act No. 18 of 1998). The article will delve into the legal framework governing such decisions, analyse the factors influencing this specific adjustment, and discuss the broader implications for legal practitioners and the future of South Africa's marine resources.

The Minister emphasised that the decision was reached after a thorough scientific review by the Small Pelagic Scientific Working Group (SWG), ensuring that the increase aligns with sustainable resource management principles. This balance between economic growth, job creation, and environmental protection is a cornerstone of the DFFE's approach to fisheries management.

The management of South Africa's marine living resources is primarily governed by the Marine Living Resources Act, 1998 (Act No. 18 of 1998) (MLRA). The overarching purpose of the MLRA is to provide for the conservation of the marine ecosystem, ensure the long-term sustainable utilisation of marine living resources, and facilitate orderly and equitable access to these resources for the benefit of all South African citizens. Key objectives of the Act include achieving optimum utilisation and ecologically sustainable development, conserving resources for present and future generations, applying precautionary approaches, and utilising resources for economic growth and employment creation while maintaining a sound ecological balance.

Central to the MLRA's regulatory framework is the concept of the Total Allowable Catch (TAC), which is defined as the maximum quantity of fish of individual species or groups of species made available annually for combined recreational, small-scale, commercial, and foreign fishing. Section 14(1) of the MLRA empowers the Minister to determine the TAC, or a combination of TAC and Total Applied Effort (TAE), to be allocated in any given year. This determination is not arbitrary; it is based on scientific assessments of fish populations and their ability to replenish naturally, aiming to ensure sustainable fishing practices.

The sardine fishery is a vital component of South Africa's purse-seine fishery, which is the largest commercial fishery by landed mass. Historically, sardine catches have fluctuated significantly, and the distribution of sardine biomass has shifted between the west and south coasts, posing ongoing management challenges. The DFFE, through its Fisheries Branch, manages these sectors, relying heavily on scientific advice provided by bodies like the Small Pelagic Scientific Working Group (SWG) to inform TAC decisions.

The recent increase in the sardine TAC by the DFFE demonstrates the Minister's exercise of powers under Section 14(1) of the Marine Living Resources Act, 1998. This section explicitly grants the Minister the authority to determine allowable catches, which can be adjusted based on evolving circumstances. The decision to increase the TAC was not solely driven by industry demand but was critically informed by a scientific review conducted by the Small Pelagic Scientific Working Group (SWG). This adherence to scientific advice is crucial for upholding the MLRA's core objective of long-term sustainable utilisation and applying precautionary approaches in marine resource management.

The specific composition of the 6,000-tonne increase further illustrates the scientific basis of the decision. It comprises 3,000 tonnes supported by revised survey timing corrections, which provided updated scientific information on sardine abundance, and a further 3,000 tonnes made available through the conversion of existing sardine Total Allowable Bycatches (TABs) into additional catch allocations. This methodical approach, integrating new data and reallocating existing allowances, underscores a commitment to evidence-based decision-making rather than a simple concession to industry pressure. The Minister's statement that economic growth and environmental protection are not in opposition, but rather can be achieved together through sound scientific evidence, encapsulates this integrated approach.

While the decision appears to be well-founded on scientific and socio-economic grounds, administrative decisions concerning fishing quotas are not immune to judicial scrutiny. South African courts have previously reviewed administrative actions in the fisheries sector, particularly concerning fairness, transparency, and adherence to the MLRA's objectives. For instance, cases such as *George v Minister of Environmental Affairs and Tourism* (2005) highlighted the need for equitable access and proper provision for artisanal fishers, leading to significant policy changes. Similarly, disputes over fishing rights and quotas have been the subject of litigation, as seen in *Davids and Others v Louw and Others* (2016), which involved the sale and transfer of fishing rights. More recently, the Minister of Forestry, Fisheries and the Environment sought a review of the small-scale fishing rights allocation process in the Western Cape due to identified inadequacies and inconsistencies.

These precedents indicate that any decision impacting fishing rights or TACs, even if scientifically supported, must also withstand tests of procedural fairness and substantive rationality. The DFFE's emphasis on continued monitoring, scientific assessment, and stakeholder engagement is therefore not just good practice but a legal necessity to ensure the robustness of its decisions against potential challenges. The balance struck between protecting livelihoods and ensuring resource sustainability remains a delicate one, constantly subject to scientific updates and socio-economic shifts.

For legal practitioners, the recent increase in the sardine TAC highlights the dynamic nature of fisheries management in South Africa and the critical importance of understanding the interplay between statutory powers, scientific advice, and socio-economic considerations. Attorneys advising commercial fishing entities must remain abreast of these adjustments, ensuring their clients' operations comply with the revised quotas and any associated conditions. Furthermore, the decision underscores the DFFE's commitment to a 'sweet spot' between economic growth, job creation, and environmental protection, a principle that will likely guide future policy and allocation decisions.

Practitioners representing environmental organisations or community fishing groups should closely monitor the DFFE's ongoing scientific assessments and stakeholder engagement processes. Any future adjustments to TACs will be considered strictly within the framework of applicable scientific advice, sustainable resource management, and legislative requirements. The potential for judicial review of administrative decisions in this sector remains a significant aspect of South African environmental and administrative law. Stakeholders must be prepared to engage with the DFFE through established channels and, if necessary, challenge decisions that are perceived to deviate from the principles of the MLRA or lack sufficient scientific or procedural justification. The continued vigilance and informed participation of all legal professionals and stakeholders are essential for ensuring the long-term sustainability and equitable management of South Africa's invaluable marine living resources.