MPAs and Confusion in State vs Unathi-Wena Fishing

In a recent article by internationally acclaimed Professor Emeritus Doug Butterworth of the University of Cape Town Marine Resource Assessment Management Group, critical concern is raised regarding the objective purpose for declaration of Marine Protected Areas to protect the sustainability of South Africa’s marine biodiversity, in particular mobile species that gravitate both in and out of declared MPAs. 

The professor asserts that in terms of applicable law, conservation and sustainability the custodians of South Africa’s marine biodiversity are required to ensure that their management decisions must be based on the best available scientific evidence and that such evidence must underpin any decision to declare an MPA. 

Moreover, the professor asserts that the first scientific requirement in evaluating an MPA is to analyse whether the MPA is capable of meeting its objective purpose and that in absence of scientifically qualified analyses, i.e. in absence of objective purpose, such MPAs are potentially unlawful as there is no defensible foundation for their declaration and they should therefore be de-proclaimed without delay. 

In regard to the aforesaid the umbrella body for the South African fishing industry, FishSA, should be encouraged to secure and present qualified legal opinion whilst conservation bodies should be encouraged to do the same.