Consideration of and Report on the SADC Protocol on Tourism.

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MINUTES OF THE SELECT COMMITTEE ON LAND AND ENVIRONMENTAL AFFAIRS

MINUTES OF THE SELECT COMMITTEE ON LAND AND
ENVIRONMENTAL AFFAIRS
Wed., 18 September 2002 (at 11:00)

PRESENT:

Eastern Cape
Mr R Z Nogumla

Free State
Rev M Chabaku

Gauteng
Dr E A Conroy

KwaZulu-Natal
Ms B Thompson

Limpopo
Mr R M Nyakane

Mpumalanga
Mr V V Z Windvoël

Northern Cape
Mr M A Sulliman

North-West
Rev P Moatshe

Western Cape
Ms A M Versfeld

APOLOGIES
Ms B N Dlulane
Ms N D Ntwanambi

Also in attendance, from the Department of Environmental Affairs and Tourism (DEAT), were:
Dr M Mayekiso - Chief Director: Marine and Coastal Management (MCM).
Mr R Tilney - Deputy Director: Offshore Resources, MCM.
Ms G Maharaj - Researcher
Mr J Matshili - Researcher
Mr N Ntuli - Director: International and Intergovernmental Relations, DEAT.


AGENDA: 1. Consideration of and Report on the Agreement for the implementation of the Provisions of the United Nations Convention on the Law of the Sea for 10 December 1982 relating to the conservation and management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
2. Consideration of and Report on the SADC Protocol on Tourism.

The Chairperson opened the meeting and welcomed members and guests.

Briefing by Dr Mayekiso on the Agreement for Implementation of the UN Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks:

In his briefing, Dr Mayekiso pointed to the need to set up Regional Fishing Organisations (RFOs) in order to conserve and manage straddling fish stocks and highly migratory fish stocks (see Appendix 1).

Response to questions;

In their response to questions posed by members of the Committee, members of the Department made the following points:

The Agreement only creates the framework for the creation of RFOs. As such, it entails no cost. When an RFO is being set up, however, interested parties have to negotiate on subscriptions to this organisation. It would thus be more accurate to say that the Agreement entails no cost "at this stage". When membership of an RFO is sought, permission would have to be obtained from Parliament, which would then debate the costs involved.

South Africa is a member of ICAT, but it is concerned about the laxity of the organisation towards countries that do not respect its rules. Japan and Spain, in particular, are benefiting from this laxity. It would perhaps be a good suggestion to move the ICAT headquarters from Madrid. RFOs are expected to function better than ICAT, which is an organisation from an earlier period.

Where no RFO has been established, there is no body responsible for the management of straddling fish stocks.

Japan and Spain have not ratified the Agreement. They hate the Agreement because it limits their activities on the high seas.

The most effective way of combating countries that plunder resources on the high seas is not to accept their exports.

DEAT will consult with the Departments of Transport and Defence on the implementation of the Agreement.

Where there are no RFOs, ICAT does not have automatic jurisdiction, as this is only an organisation to manage the stocks of Atlantic Tuna. Other species and regions have other organisations. CSBT, for instance, concerns itself with Southern Blue-Fin Tuna.

Other elements of the eco-system, besides fish stocks, were not taken into account when the Agreement was drafted. After the World Summit on Sustainable Development, this should change.

Fish stocks on the high seas will be monitored by RFOs, which will have patrol vessels and monitoring systems, including compliance and science committees. They will work from catch information and surveys.

Where there is misbehaviour by an RFO member, there are first attempts to resolve disputes that arise. If this cannot be done, membership of the offending country could cease and it will not be allowed to fish in waters governed by the said RFO. Confiscation of vessels is a likely sanction.

A member of the Committee expressed the view that defence spending was justified to acquire the means to protect our fishing resources.

The Department further pointed out that regulation of fishing activities on the high seas is difficult to achieve as the UN tries to achieve consensus on agreements and some countries continually block the process.

Participating countries will pay for management costs for RFOs.

Better management of resources will give greater opportunity for business and, consequently, employment. The Agreement will also allow for fishing in areas greater than the countries' EEZs and this will naturally increase job opportunities.

Although ICAT allows non-members to catch tuna in the waters under its regulation, the Department feels that this is not an example that RFOs should follow.

By December 2001, 30 countries had ratified the Agreement and it is therefore already in force.

Adoption of the Report:

The Committee adopted a report recommending that the National Council of Provinces ratify the Agreement.

Briefing by Mr N Ntuli on the SADC Protocol on Tourism:

In his briefing, Mr Ntuli gave an insight into the SADC and pointed to the objectives of the Protocol on Tourism (see Appendix 2).

He strongly recommended the ratification of the Protocol and apologised on behalf of the Department for the delay in bringing it before the Committee.
Adoption of the Report:

The Committee adopted a report that recommending that the National Council of Provinces ratify the Protocol.

Conclusion:

The Chairperson thanked members and guests for their attendance and adjourned the meeting at 13:00.

Rev P Moatshe
Chairperson: Select Committee on Land and Environmental Affairs.

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