The courts have prevented the Department of Environmental Affairs (DEA) from proceeding with a project to allow fishing on an interim basis in the Tsitsikamma Marine Protected Area along the Garden Route.

The department, South African National Parks (SANParks) and representatives of the Tsitsikamma community on the Garden Route have now reached a settlement agreement with a group known as ‘Friends of the Tsitsikamma’, to halt the pilot project.

The scenic area of Tsitsikamma runs along the Garden Route and straddles the Eastern and Western Cape Provinces.

In 1964, the Tsitsikamma section of the Garden Route National Park was the first in Africa to be proclaimed a Marine National Park.

It is also one of the largest Marine Protected Areas (MPA) in the world. Incorporating 80 km of rocky coastline, it protects an abundance of marine life – many of them endangered species.

On December 15th last year, the Department of Environmental Affairs began a pilot project that opened up the park for fishing.

Conservation group, Friends of Tsitsikamma, opposed this and approached the courts, which halted the fishing.

SANParks spokesperson Nandi Mgwadlamba says, “Currently we are busy implementing the court order that says stop the pilot project. We have stopped the project from the 9th of January and also informed all the anglers of the outcome and the fact that they cannot fish there until the minister makes a decision after all the comments are in by 1 February.”

‘Friends of Tsitsikamma’ say their main concern when instituting the court action, besides looking out for the sustainability of the area, was the fact that the public participation process was incomplete.

The group’s Judy Mann says, “The court action was prompted because the area was open to fishing on 15 December, before the public consultation process had a chance to be completed. The government gazette was published and was open for comment until 01 February and then the reserve was opened during that time period on 15th December. Therefore due process had not been followed and we felt that due process should be followed in a case like this.”

Before government’s 15 December decision, fishing was prohibited in the Tsitsikamma Park, with SANParks fining those who did not adhere to the law.

Mann says they would like to work with the department and SANParks on a way forward. “I think we absolutely would like to work together with DEA and SANParks and the fisherman to find a solution that will address everyone’s concerns. But, I think that everyone needs to have their say so that we can look at all sides of the story and come up with a solution that looks at the long term sustainability of those fish.”

SABC, 2016