Abstract

Certain marine living resources of South Africa are under severe threat from international organised crime syndicates in conjunction with local fishers. These criminal activities erode respect for the rule of law and lead to socio-economic degradation and the proliferation of gangsterism. The current government approach as custodians of the resources is to maximise the return from confiscations. SAPS are not using the full power of the law to address poaching of marine living resources, particularly abalone, as a priority crime and do not allocate their resources commensurate with the value of the commodity. As a country that is beleaguered by fisheries crime, overfishing and exploitation, South Africa must take a tough stance and should pursue criminal organisations with all the power that the state can muster. It must also ensure that national fisheries resource management is improved so that local communities can benefit. The implementation of a conforming strategy would be socially and politically unpopular, but the future benefits will outweigh the outlay.

Highlights

  • Two of South Africa’s high-value marine living resources, abalone (Haliotis midae) and West Coast rock lobster (Jasus lalandii) are under threat of illegal harvesting and trade by organised criminal syndicates.[2]

  • Crimes ranged from underreported catches, bribed fisheries inspectors and the submission of false information to DEFF, to the smuggling of undocumented workers from Cape Town to work for low wages in a US processing plant.[70]

  • Wild abalone resources in South Africa have been ‘decimated by poaching along the South African coastline, while national management and international co-operation have been inadequate in controlling ... illegal fishing’.114. This is largely due to legislation and regulations that were drafted without adequate consultation with coastal communities[115] and policies that criminalised large parts of the community by excluding local populations from accessing resources.[116]

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Summary

Can the tide be turned?

Certain marine living resources of South Africa are under severe threat from international organised crime syndicates in conjunction with local fishers. These criminal activities erode respect for the rule of law and lead to socio-economic degradation and the proliferation of gangsterism. SAPS are not using the full power of the law to address poaching of marine living resources, abalone, as a priority crime and do not allocate their resources commensurate with the value of the commodity. As a country that is beleaguered by fisheries crime, overfishing and exploitation, South Africa must take a tough stance and should pursue criminal organisations with all the power that the state can muster. It must ensure that national fisheries resource management is improved so that local communities can benefit. The implementation of a conforming strategy would be socially and politically unpopular, but the future benefits will outweigh the outlay

Introduction
Marine resources as national resources
International duty to protect MLRs
National imperative
Threats to the resources
Mandate to protect
Government approach to poaching
Conclusion and recommendations
Assist to comply Make it easy
Findings
Legal and illegal trade
Full Text
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