Sustainable strategies for improved implementation of South Africa's marine living resource legislation
- Authors: Tembo, Danai
- Date: 2021-12
- Subjects: Marine resources conservation -- law and legislation -- South Africa , Fishery law and legislation -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/54729 , vital:47531
- Description: South Africa's marine and coastal resources are rich, diverse national assets that represent an important interface of human activity, socio-economic influence, and ecological diversity. The Exclusive Economic Zone (EEZ) has rich fishing grounds that support an industry that makes significant contributions to the economy, providing hundreds of thousands of jobs. Use of this resource-rich ocean space has increased over time. The challenge for South Africa is finding a balance between protecting the ocean space while simultaneously encouraging research, investment, and use of the ocean resources to contribute to economic upliftment and job creation. The South African government's recognition of the vast potential in coastal ecosystems is evident in the introduction of programmes such as Operation Phakisa and the comprehensive legislation. Legislation such as the Marine Living Resources Act (Act No. 18 of 1998) aims to ensure the sustainable utilisation of marine living resources in a manner that is beneficial to all citizens. South Africa's marine living resource legislation is good, reflecting the main principles of fisheries management that are encouraged by the international legal order. However, implementation of the legislation continues to be a challenge; one that extends beyond marine living resource legislation. Although this challenge is acknowledged by the government, little work has been done to understand why they continue to fall short in terms of implementation. Understanding that the implementation of statutes involves various actors, the study sought to understand implementation failures related to marine living resource legislation by explaining the behaviours of actors involved in implementation. A conceptual framework was developed that identified a variety of influencing factors, drawing on elements from different theories. Guided by the framework, document analysis, and key-informant interviews were the means through which the behaviours of actors were investigated and explained. Findings showed that the behaviours of actors were directly and indirectly influenced to varying degrees, by the tractability of the problem, the formal conditions of the law, enforcement, capacity, power relations, and political salience. These behaviours were in turn found to have a strong influence on the status of marine living resources, identified as the implementation outcome. In recognising the behaviours contributing to implementation failures, recommendations were made for improved implementation efforts going forward. Acting to correct these failures will be critical to ensuring South Africa does not continue its current trajectory of marine living resource depletion. Resources that not only make significant contributions to the country's economy but constitute the livelihoods of a significant portion of the country's population. , Thesis (DPHIL) -- Faculty of Business and Economic Sciences, 2021
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- Date Issued: 2021-12
Towards a norm of compliance in recreational fisheries
- Authors: Bova, Christopher S
- Date: 2019
- Subjects: Fishing -- Management -- South Africa , Fishery law and legislation -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/95909 , vital:31213
- Description: The activity of fishing can be traced back to prehistoric times. However, only in the last century has there been a focus on the management of fisheries. Fishery regulations are tools used by resource managers with the aim of protecting the long-term sustainability of fishery resources. Although there is an overwhelming amount of evidence demonstrating the decline of fisheries, non-compliance with these regulations by fishers continues to manifest, which can exacerbate the negative ecological impacts of fisheries. Popular methods towards the measurement of noncompliance in fisheries derived from previous human dimensions literature may be flawed. Theories on improving compliance behaviour have typically relied on theory, which has at times proved paradoxical. Addressing the issues of non-compliance within a fishery of interest requires measuring the levels of non-compliance within the fishery and determining the relevant sociopsychological drivers behind the non-compliant behaviour. The data collection methods used during these assessments are limited in human dimensions research and are often case and context specific, requiring researchers to identify which approach is most practical for the specific fishery of interest. By identifying relevant behavioural drivers of non-compliance, a more effective approach aimed at improving compliance can be tailored. The recreational marine-based shore fishery (MBSF) in South Africa is not impervious to noncomplaint behaviour. In fact, it has been estimated to have relatively high rates of non-compliance. This high level of non-compliance makes the South African MBSF a unique and optimal context in which to undertake research that aims to formulate a framework towards compliance assessments and that develops a suitable approach for improving compliance rates. Using surveys to obtain compliance data can provide a range of details about violators, however they are susceptible to social desirability bias (SDB). Choosing the best method for controlling SDB required an assessment of existing methods for doing so. In this first part of the study, only fishers who were covertly observed breaking the rules were surveyed, using one of three methods for reducing SDB, to ground-truth the responses. Ground-truthing was done to determine which method would be most effective for a large-scale study within the same fishery. Of the methods used, which include the direct questioning method (DQM), the random response technique (RRT) and the ballot box method (BBM), all contained some level of SDB. However, the BBM provided a significantly higher level of response accuracy (79.6% ± 11.9) than the DQM (46.5% ± 14.9) and the RRT (44.3% ± 12.5). Random-stratified roving creel compliance surveys that employed the BBM were then undertaken at various locations along South Africa’s coastline to estimate current rates of non-compliance, and the face-to-face results were compared to results from an identical online survey to determine the suitability of online surveys as a replacement. The results indicated that online surveys only represent a subgroup of the fisher population within the MBSF, suggesting that face-to-face survey methods are required to obtain a more comprehensive sample and a more robust estimate of noncompliance. The results, based on 453 face-to-face surveys, showed a high level of overall self-reported noncompliance (48.3%) within the fishery. Responses to Likert scale survey questions on various aspects of the fishery, including angler motivations for fishing, were then modelled to test the relationship between the anglers’ responses and their compliance behaviour. In the South African MBSF context, the most significant behavioural drivers behind non-compliance related to normative concepts. Specifically, the poor perceptions of management and value-based legitimacy as well as low levels of moral obligation to adhere to the regulations appeared to contribute most to the observed non-compliant behaviour. Angler motivations for fishing also played a significant role in determining the compliance behaviour of anglers, with those fishing for food being more likely to violate regulations. In most countries, regardless of economic context, interventions to improve recreational fishery compliance have been developed around the instrumental concept. However, these findings suggest that for recreational fisheries, managers would do well to evaluate the impact of normative concepts on compliance and to design interventions aimed at addressing these. In the case of the South African MBSF, interventions that address angler perceptions of legitimacy and aim to correct misperceptions about social norms of compliance may provide a more practical and cost- effective method for improving poor compliance behaviour.
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- Date Issued: 2019
The disparities arising in the policing of consumptive and non-consumptive marine activities
- Authors: Tembo, Danai
- Date: 2010
- Subjects: Marine resources conservation -- South Africa , Fishery law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8649 , http://hdl.handle.net/10948/1383 , Marine resources conservation -- South Africa , Fishery law and legislation -- South Africa
- Description: The South African marine environment is utilised for both consumptive and non-consumptive activities and for those activities to continue sustainably it is important that these activities be monitored and policed. South Africa's environmental legislation is structured to do just that; outlining specific regulations for all consumptive and non-consumptive activities that can be conducted in the marine environment. Some disparities have been observed regarding the policing of consumptive and non-consumptive marine activities, and these disparities were analysed by means of several case studies and semi-structured key informant interviews. Case studies covered both consumptive (abalone poaching and Illegal, Unreported and Unregulated fishing) and non-consumptive activities (the sardine run and tiger shark diving) currently being conduct in the marine environment. Key informant interviews collected opinions from legal practitioners who felt that the legislation was solid but poorly implemented; and non-consumptive operators who felt that the legislation was implemented in a way that made it difficult for non-consumptive and ecotourism activities to thrive. The poor implementation has resulted in a situation which seems to promote consumptive crimes instead of curbing them.
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- Date Issued: 2010
Fisheries management, fishing rights and redistribution within the commercial chokka squid fishery of South Africa
- Authors: Martin, Lindsay
- Date: 2005 , 2013-06-05
- Subjects: Fishery management -- South Africa , Squids -- South Africa , Squid fisheries -- South Africa , Fishery law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:1059 , http://hdl.handle.net/10962/d1007500 , Fishery management -- South Africa , Squids -- South Africa , Squid fisheries -- South Africa , Fishery law and legislation -- South Africa
- Description: The objective of this thesis is to analyse the management and redistribution policies implemented in the South African squid industry. This is done within the broader context of fisheries policies that have been implemented within the South African fishing industry as the squid industry has developed. The study therefore has an institutional basis, which reviews the development of institutional mechanisms as they have evolved to deal fisheries management problems. These mechanisms (which can either be formal or informal) consist of committees, laws and constitutions that have developed as society has progressed. Probably the most prominent of these, in terms of current fisheries policy, is the Marine Living Resources Act (MLRA) of 1998. The broad policy prescription of the MLRA basically advocates the sustainable utilisation of marine resources while outlining the need to restructure the fishing industry to address historical imbalances and to achieve equity. It is this broad objective that this thesis applies to the squid fishery. The primary means of achieving the above objective, within the squid industry, has been through the reallocation of permit rights. These rights also provide the primary means by which effort is managed. A disruption in the rights allocation process therefore has implications for resource management as well. Permits rights can be described as a form of use right or propertY right. These rights are structured according to their operational-level characteristics, or rules. Changing these rules can thus affect the efficiency or flexibility of a rights based system. This is important because initial reallocation of rights, by the Department of Environmental Affairs and Tourism (DEAT), was based on an incomplete set of rights. This partly led to the failure of early redistribution attempts resulting in a "paper permit" market. Nevertheless, this thesis argues that redistribution attempts were based on ill-defined criteria that contributed to the failure described above. In addition to this the method through which redistribution was attempted is also questionable. This can be described as a weak redistribution strategy that did not account for all equity criteria (i.e. factors like capital ownership, employment or relative income levels). This thesis thus recommends, among other things, that an incentive based rights system be adopted and that the design of this system correctly caters of the operational-level rules mentioned above. In addition to this a strong redistribution, based on fishing capital, ownership, income and the transfer of skills, should be implemented. , KMBT_363 , Adobe Acrobat 9.54 Paper Capture Plug-in
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- Date Issued: 2005