Marine resources, in particular the fishing industry, continue to play a major role in sustaining South Africa’s economy and social development and contribute to employment and security of the local community. Historically, the allocation of fishing rights was conferred upon predominantly white-owned commercial companies by the South African apartheid government. However, with the advent of democracy in 1994, the government had the responsibility to draft a fisheries policy that would aim to redress historical imbalances and this resulted in the introduction of the Marine Living Resources Act 18 of 1998. This dissertation aims critically to analyse whether this statute has been successful in remedying the issue of unequal fishing rights amongst commercial, subsistence, recreational and artisanal fishers. In undertaking this, an evaluation of the several policies that are attached to this statute will be presented and comments will be made in relation to the constitutional and political aspects of this subject. Allied to this, there will be a consideration of how international law influences the introduction of statutes relating to marine living resources. The main approach for this dissertation has been a literature review which included the use of both electronic databases and books available in libraries. The research shows that in spite of the enactment of the Marine Living Resources Act of 1998, artisanal fishers or small-scale fisheries continue to face discrimination and large commercial fisheries continue to dominate the industry. A Small-Scale Fisheries Policy was adopted in June 2012 to remedy the situation but there is currently no implementation plan in place. The major issue however is that the Act itself does not provide a definition for small-scale fishing and it would therefore have to be amended, in order to accommodate this category. / Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

Dissertation (MTech( Public Management))--Cape Technikon, Cape Town, 2004 / Marine resources play a major role in sustaining the economy and social development of the nation and contribute to national economy, to employment and security of the local community. The South African fisheries management was conducted largel)' with political default. This denied most fishers access to marine resources. Since the democratic election of 1994, the government was left with the challenge to re-allocate rights in a way that would ensure that the under-presentation of historical disadvantaged individuals (HDl's) in the fishing industry would be corrected. The laws and regulations related to marine fisheries were also revised. The Marine Living Resources Act, No. 18 of 1998 attempted transformation in the fishing industry but lacked clear guidelines which led to litigation and crises in the fishing industry as many fishers were unhappy with the whole process. Marine fisheries policy was established and published in 1997 to address those historical imbalances by introducing the fishing right system of allocating rights to represent the national demographics of the country. This report seeks to describe the theory of the South African fishing industry, policy developments and the current status of permit allocation in South Africa. It will also examine the effectiveness in the implementation of the marine fisheries policy for South Africa. It will focus on the distribution of marine resources for commercial fishing purposes.

The main objective of this thesis is to provide an analysis of the economic logic behind fisheries policy and redistribution in South African. An examination of the institutional and organizational evolution reveals that South African fisheries policy followed the world trend in the movement toward quota management systems. However, it is argued that due to the peculiarities of the Apartheid political system, South Africa developed a unique and persistent structure of individual fishing rights that resulted in a transfer of power from the fisher to monopsonistic, and subsequently vertically integrated, fish processing companies. Problems, however, arose with the need to redistribute fishing rights to previously repressed racial groups. It is proposed that, within a specific form (TAC), the structure of individual fishing rights can be decomposed into four operational rules, namely, the right of participation, asset size, tradability and duration of term. Policy design is restricted to a feasible set of rules that impact on the flexibility of the system, the incentives facing private fishing companies and fishers, the efficiency of the fisheries management plan and finally the effect it has on a redistribution strategy. Within this analytical framework, South Africa's policy yields a very flexible system favourable to monopsonistic industrial organisation. However, by adding a redistribution constraint, this structure has a number of important effects. First, as new quota holders are added the information costs for effective fisheries management increase exponentially. Second, the transaction costs to private fishing companies are increased. Third, only the resource rent is redistributed (weak redistribution). Next, the micro to small vessel fisheries, the medium vessel fisheries and the large vessel fisheries are examined separately. The major aim is to determine, within the available data, the effect that a weak redistribution policy (redistribution of the resource rent), has on strong redistribution (redistribution of fishing capital and skills). The evidence definitely supports the analytical framework and suggests that fundamentally the structure of individual fishing rights, which evolved in response to a monopsonistic industrial organisation during the apartheid era in South Africa, works against strong redistribution. Also, that different fisheries face different constraints and that these should in certain instances be treated separately.

This thesis presents a first analysis of how the South African fisheries authority (MCM) has utilised its fisheries management toolbox and governance framework in response to the emerging biological, economic and social challenges of post-apartheid fisheries in the Eastern Cape Province. Despite recognition of the socio-economic circumstances of traditional subsistence fishers in the region, the national fisheries management authority implemented a 'target resource orientated' management approach similar to that used for South Africa's rights-based commercial fisheries. Anecdotal evidence of entrenched illegal fishing for abalone, spiny lobster, and species targeted by subsistence fishers however suggested that MCM's management approach was encountering serious problems, as the needs and circumstances of inshore fishers and fishing communities were not adequately being understood and addressed. A review of fisheries management literature therefore shaped the hypothesis that an underlying governance problem was responsible for the symptoms of management failure being observed. In this regard, management is seen as more concerned with the technical and regulatory measures of the day-to-day operations of regulated fisheries, while fisheries governance needs to take account of "the sum of legal, social, economic and political arrangements used to manage fisheries ... ". Thus, governance includes policy making and management decision-making, with simultaneous recognition of issues outside of the fisheries sector. It thus appeared that the underlying problem was rather one of broader fisheries governance and inappropriate governance objectives with consequent inappropriate resource management arrangements. This thesis set out to gather evidence to test this hypothesis.