Seafarers sailing their ships or manning installations across South Africa’s vast three oceans at the tip of the African continent could face fines of up to R25 000, six months in jail or both, should they fail to inform local authorities of such discharges as soon as it is practically possible.
That is according to the South African Maritime Safety Authority (SAMSA) in a Marine Notice (No.55 of 2020) due out this week.
Acting in terms of the Marine Pollution (Control and Civil Liability) Act 6 of 1981, SAMSA said on Friday that should any harmful substance be discharged from a ship, tanker or offshore installation, the involved parties are legally obliged to immediately report the incident to local authorities. These include SAMSA and the Department of Environment, Forestry and Fisheries.
The required report, according to SAMSA also involves any damage to a vessel, a tanker or installation from which a discharge of harmful substances onto the ocean may occur, this regardless of whether such discharge has not actually occured.
The MN No.55 states in part: “…When any harmful substance has been discharged from a ship, tanker or offshore installation the master of such ship, tanker or offshore installation, or any member of the crew of such ship or tanker or of the staff employed in connection with such offshore installation, designated by such master, shall forthwith by the quickest means of communication available report the fact that such discharge has taken place to the principal officer at the port in the Republic nearest to where such ship, tanker or offshore installation is.
“If, while it is within the prohibited area (E.E.Z [Exclusive Economic Zone]), a ship or a tanker sustains any damage, whether to its hull, equipment or machinery, which causes, or creates the likelihood of a discharge of any harmful substance from such ship or tanker, or having sustained such damage, enters the prohibited area in such damaged condition, the master of such ship or tanker, or any member of its crew designated by the master, shall forthwith by the quickest means of communication available report to the principal officer at the port in the Republic nearest to where such ship or tanker then is the fact that such damage was sustained, the nature and location on the ship or tanker of the damage, the position at sea where the damage was sustained, the name of the ship or tanker, its port of registry, its official number, its position, its course and, if in the Republic, its destination, the quantity and type of harmful substances on board and, in the case of a tanker to which the provisions of section 13 apply, the particulars contained in the certificate.”
On reporting, the MN No.55 indicates that: “SAMSA, DEFF (Department of Environmental, Forestry and Fisheries) and African Marine Solutions (Pty) Ltd AMSOL (the managers of the standby tug “SA Amandla”) are all concerned with the prevention, containment and cleaning up of oil spills at sea. These organizations should be informed as soon as possible whenever there is an oil spill or a threat of an oil spill. SANNCOB (The South African Foundation for the Conservation of Coastal Birds) is dedicated to seabird rehabilitation. SANPARKS (South African National Parks) is the body responsible for managing South Africa’s National Park to develop, expand, manage and promote a system of sustainable National Parks.”
Contact details of all the relevant authorities and contributors to combating of pollution, inclusive of SAMSA regional offices from Port Nolloth on the Atlantic Ocean to Richards Bay near the border of Mozambique on the Indian Ocean, are given in the notice.
In terms of penalties where failure to report occurs, MN No.55 states: “If the master of a ship or a tanker fails to comply with the provisions…. such master shall be guilty of an offence. Any person convicted of an offence …. shall be liable to a fine not exceeding R25 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment..”
According to SAMSA on Friday, the marine notice will be on the Department of Transport agency’s website shortly.
The South African Maritime Safety Authority (SAMSA) says an investigation is underway to establish the cause of the oil spillage incident during a bunkering service off the port of Ngqhura near Port Elizabeth on Saturday morning,
This follows confirmed reports of an oil spillage at sea while a trade vessel was being refuelled. It was reported that as much 200-400 litters of fuel spilt into the ocean. However, the bunkering services company involved, SA Marine Fuels, soon activated an oil spillage control exercise to contain its spread on water.
A Department of Environmental, Forestry and Fisheries’ statement on Saturday said the vessel involved was the Liberia flag carrying trade ship known as the MV Chrysanthi S. The department said it had been “notified of an oil spill that took place in Algoa Bay in the early hours of Saturday. The incident took place at approximately 04h40 (in the) morning during offshore bunkering operations in Anchorage 1 of the Port of Nqura.
“It was reported that approximately 200 to 400 litters of fuel from the receiving vessel MV Chrysanthi S, flag state Liberia, was spilled into the sea as a result of overflow during the fuel transfer. SA Marine Fuels proceeded to dispatch a commercial oil spill response service provider to mitigate and contain the spread of the spill.
“This incident is currently considered a Tier 1 level incident which does not require intervention from the national authorities as local resources are sufficient. The department will provide assistance if the incident escalates and requires it.”
The department further said weather conditions in the Algoa Bay area on Saturday were hindering operations, which include wildlife assessments.
“However, the situation has been reported to be managed and under control. The oil is not expected to reach the coast and currently moving in an offshore direction. Transnet National Ports Authority, South African National Parks (SANParks), the South African Foundation for the Conservation of Coastal Birds (SANCCOB) and other environmental bodies have been notified and are monitoring the situation along with our department.
” A contingency plan is in place for the Diaz Zone (Algoa Bay) and the Department will activate it should it be determined that oil is likely to wash ashore.
Meanwhile, on Sunday, SAMSA said it had become fully aware of the incident and that an investigation was being rolled out to establish its cause.
The agency in a statement said: “SAMSA with other authorities will conduct a comprehensive investigation of the incident. An inspection will be conducted tomorrow (Monday) to check if the beach and islands are not affected.”
SAMSA noted however at the time of its statement on Sunday, that monitoring of the oil had indicated that there were no oil traces on the water in the areas yet.
In its earlier statement, the Department of Environment, Forestry and Fisheries said it was responsible for matters relating to the combating of oil pollution at sea under Section 52(1) of the South African Maritime Safety Authority Act.
The department said: “Specific arrangements and tactics for responding to incidents are contained in a suite of local oil spill contingency plans managed by the department.
The department further added than an Incident Management Organisation (IMOrg), consisting of various stakeholders including the department, had been established through Operation Phakisa Oceans Economy to address South Africa’s oil spill response capability in the marine environment.
“The IMOrg hosted an oil spill exercise in November 2018 testing the response capability in Algoa Bay and is also keeping a close watch of the incident circumstances and status,” said the department.
The visit and meeting with the group of four students at the Vietnam Maritime University and International School of Education – Sendra Kentse Matshira, Mpumelelo Ndebele, Mandisa Mthembu and Cyril Makukula – reportedly occurred at Mr Ramaphosa’s request during his visit of the East Asian region, including Singapore.
On Tuesday 04 October, accompanied by among others Deputy Minister of Defence and Military Veterans, Mr Kebby Maphatsoe and Deputy Minister of Agriculture, Forestry and Fisheries, Mr Bheki Cele; Mr Ramaphosa invited the four students for a lunch meeting and they duly obliged, with much excitement.
After the most appreciated lunch meeting, Mr Ramaphosa on a brief tour guided by Vietnamese foreign ministry directorate official, Mr Nguyen Trung Kien; tagged the group along to the Haiphong City harbour where Vietnam’s reputedly biggest shipyard, Vinashin is located. It turned out to be yet another photo shooting opportunity for the four students.
Recounting the experience shortly thereafter they described it as a great honour to have the opportunity to meet and interact with Mr Ramaphosa and his delegation.
“We were honored with an invitation to have lunch with Deputy President of South Africa and his delegation. The meeting took place at a government building in Haiphong city where our university is also located
“Firstly, when we arrived at the venue we were called in by his delegate and then we went to his
table to greet him. The basic questions he asked included: “What’s your name, Where (in South Africa) are you from?….. ” and then, after that we greeted his delegation with some asking us about the courses we are doing and requirements to study this course.
“Secondly, he wanted to take photos with us – one by one and then in a group.. Mr Kebby Maphatsoe the Deputy Minister of Defence Force and Military Veterans of South Africa was very happy about us. He even encouraged us to study hard because he believes we are the future solution of our country.
“He told us he would be glad to assist with anything when we get back home. He also took photos with us. At the end of it, it was a good day. We had fun and it gave us hope that we have a bright future ahead and all we have to do is to work hard at school.” related the group afterwards.
Working hard at their studies, they are – according to their latest academic results report since joining the Vietnamese maritime university a year ago.
Makukula, Matshira, Mthembu and Ndebele joined the Vietnam Maritime University in 2015 on a Vietnamese government sponsored scholarship intended for youths interested in pursuing tertiary level maritime sector related studies.
Vietnam Maritime University, currently with about 17,000 students engaged in various study courses provided in 35 undergraduate subjects is a long established institution dating back to 1956. It is one of 17 key universities of Vietnam as well as the largest school in the Vietnamese transportation sector.
In terms of the South Africa deal, according to Vietnam Maritime University rector, Associate Professor Dr. Luong Cong Nho; Vietnam Maritime University grants scholarships worth approximately US$23 000 per student per whole course of study beginning in the academic year 2015 -2016.
However, the scholarship only covers all the tuition fees and university‘s hostel accommodation (if required), but excludes subsistence allowances and return international airfares.
The SA Maritime Safety Authority (SAMSA) – a government institution at the forefront of facilitating among other issues, the expansion of education, training and skills development for South Africa’s maritime economic sector – covers the extra costs excluded in the grant for three of the four students.
Provided copies of their academic progress to date show that all four are coping relatively well, with all of them notching an average B to B+ (76-80: 81-84) score marks per semester, in a range of subjects inclusive of Mathematics, Micro and Macro-economics, Oceans Politics, International Law and Relations, Global Logistics, Economic Geography, to Politics of Pacific Asia, International b+Business and Globalization.
The group is expected to complete its junior degree studies in another two to three years.
The fate of the Chinese vessel, Lu Huang Yuan Yu 186, currently docked in Cape Town after being successfully chased and captured by South African authorities off the Eastern Cape coast at the weekend will soon be fully determined by the extent to which it violated both the country’s laws and international conventions.
The vessel is one of several – about nine – possibly from the same company believed to have entered and operated in South African waters illegally about a week ago.
On Monday (May 16) the South African Maritime Safety Authority (SAMSA) confirmed that it had begun investigations of the vessel relating to its conduct in the country’s Exclusive Economic Zone (EEZ).
Captains Karl Otto and Gustav Louw confirmed that SAMSA surveyors boarded the vessel on Monday afternoon and their findings would be shared as soon as they were available.
According to SAMSA, the investigation is looking precisely into the vessel’s seaworthiness inclusive of its condition, its operation certificates as well as those of the crew, the vessel’s manning conditions, as well as its general conduct in South African waters involving its radio availability and responsiveness to South African authorities.
A SAMSA team set out early Monday to investigate the vessel and to make a determination of its overall condition and conduct.
The SAMSA ship surveyors team’s findings will add to the Department of Agriculture, Forestry and Fisheries (DAFF) investigations and findings at the weekend shortly after the cornering and arrest of the vessel in Cape Town.
Shortly after its berthing at the Cape Town harbour on Saturday, according to DAFF, rummaging was conducted on the captured vessel involving the South African Police Services (SAPS), the South African Revenue Services (SARS) as well as the Department of Home Affairs.
“There was a total of nine crew members on board,” said DAFF’s spokesperson, Bomikazi Molapo, also confirming that no fish was found onboard the vessel.
She said: “The crew claimed to have been travelling to the Democratic Republic of Congo where they claim they were going to fish and claim to have the necessary permits to do so. We have also established that this fleet of nine vessels is related and belong to the same company.”
Ms Molapo said while the early investigators found no fish on board the vessel, it had however violated the country’s Marine Living Resources Act (MLRA) in that the fishing vessel entered the country’s EEZ without the authority of a valid permit.
“The vessel also contravened Section 56 (2) in that (the) Master or crew member of the fishing vessel in question, did not immediately comply with lawful instruction as given by a fishery control officer and also did not facilitate the safe boarding, entry and inspection of the fishing vessel,” she said.
Due to these violations, DAFF issued a seizure notice that will involve the vessel, its gear and equipment, stores as well as cargo.
In terms of this, the vessel will not be allowed to leave the port of Cape Town or relocate to any other berthing space within the port, unless authorized to do so by DAFF.
According to DAFF, SARS had also fined the vessel R8 000 for tobacco and cigarette related charges. SAPS was also following up and investigating a case involving the keeping of dogs in the vessel.
Meanwhile, Ms Molapo confirmed that an alert had been issued to neighboring countries, Namibia and Mozambique to be on the look for the rest of the vessels that have since disappeared. “DAFF has notified and registered an intention to get all the nine vessels red flagged with regional fisheries management organizations,” she said.
Fishing sector researchers sound the alarm about popular fish species in South Africa’s seas being ‘poached’ to extinction, and call for general public involvement.
By the time there are only about half-a-dozen rhinos and perhaps only three elephants left in South Africa’s wild, all due to rampant and incessant poaching; there may also be no more edible fish left in the country’s oceans, such is an apparent massive scale of poaching also of popular fish species along the country’s coastline, according to two researchers.
Professor Nadine A. Strydom and Bruce Mann’s story of an apparent desperate plight of the country’s fish species’ rapid decimation is carried in the January/February 2016 edition of Ski-Boat, a bimonthly print and digital magazine published by the South African Deep Sea Angling Association.
Prof Strydom is an associate professor in the Department of Zoology at the Nelson Mandela Metropolitan University (NMMU) in Port Elizabeth. She is described as a specialist in the ecology of and early life history of coastal fish.
Mr Mann is a fish biologist based at the Oceanographic Research Institute in Durban. He is said to be a specialist in the stock status, biology and ecology of linefish and marine protected areas.
A collaborator and contributor in the report is Mr Edward Turner, a sportfishing journalist involved in tourism development.
According to their report, an increasingly popular question in the South Africa fishing sector is: “Where have all the fish gone?”
Their alarm bell comes in the same period as the Department of Agriculture, Forestry and Fisheries (DAFF) is in the process of finalizing the receiving of application forms and issuance of related policy documents, beginning February 1, 2016; for Fishing Rights Allocation for the 2015/16 period.
The researchers’ report also coincides with the release of the South African Maritime Safety Authority (SAMSA) Centre for Fishing’s annual fishing sector incidents report (Marine Notice No.1 of 2016) and which, summarily; paints an apparently encouraging picture in terms of gradually yet consistent reducing rates of deaths of fishermen through accidents and related in the country’s seas over the last decade or so.
Meanwhile, the researchers’ report on the dire conditions facing the country’s fish stock, describes none of it as being actually a joke as, they say; of 35 popular linefish species in a 2013 study report known as the ‘Southern African Marine Linefish Species Profiles‘ and published by the South African Association for Marine Biological Research (Oceanographic Research Institute), more than half (19) of the popular linefish had ‘collapsed’, 6 (six) were over-exploited, with only 10 perceived as ‘optimally exploited.’
The researchers state: “Much media attention is placed on charismatic animals like elephants and rhinos and the anti-poaching messages are common on t-shirts and bumber stickers, but much less attention is given to the plight of our fish species.
“Many of our coastal fish species suffer a similar plight to rhino, with rampant poaching serving the greedy few while deriving (sic) other South Africans of their natural heritage. Sadly, the media hype about rhinos seems to miss other threatened species, particularly those that are hard for people to see on a daily basis,” so says the group.
Big fish, the most productive, are gone!
Sounding a shrill alarm, the experts claim that the current favourite target for fish poachers along South Africa’s coastal waters are big-sized fish, such as a fully grown dusky kob, and the greatest tragedy is that these large fish are also incidentally, the best breeders over time. They are all almost all gone, say the researchers!
“The dusky kop is just one on a long list of fish species for which alarm bells are ringing. Populations of many popular angling fish that formed an integral part of the rock-and-surf, estuary and skiboat fisheries in the past 50 years are already collapsed off our coast,” they say.
Precisely, line fish said to be under severe threat in South African oceans over the last few years include the following in four categories:
over-fished: the Silver Kob, the Squaretail Kob, and the Geelbek;
vulnerable: the Dusky Kob, the Black musselcracker, the White-edged rockcod, the Scotsman, the Soupfin shark and the Smoothhound shark,
endangered: the White steenbras, the Red steenbras, the Yellowbelly rockcod, and the Red stumpnose and
critically endangered: the Seventy-four and the Dageraad
Apparently, according to the researchers in their January/February 2016 report, the only refuge for many of the fish species are Marine Protected Areas (MPAs) such as the Isimingaliso, Pondolond, Tsitsikama, Goukamma and De Hoop areas along the Indian Ocean east of the country.
However, they say; even these protected areas are only currently serving to keep pressure at bay in the immediate vicinity of the protected areas, as outside them, it is chaos.
In the document DAFF states: “Fisheries generally is a highly contested industry, both locally and globally. It is plagued by syndicated crime, over-exploitation of high-value species, corruption and poor compliance levels.
“The department, therefore, has to introduce comprehensive responses to this complex, highly technical and technologically advanced challenge by intensifying its monitoring and compliance efforts and working in close cooperation with other law enforcement
In their report however, Prof Strydom and Messrs Mann and Truter, while acknowledging fully a laxity in management and enforcement of fisheries regulations as a primary factor, a lack of public awareness compounds the problem and they believe, they say, that the public should “do more than just eat fish at restaurants.”
South Africans reportedly consumed approximately 313-million tons of seafood in 2010, of which 50% was sourced within the country’s waters. Much of that seafood constituted a variety of fish species.
“The future of our fish resources in South Africa rests in the mouths of those of us who eat seafood – both anglers themselves and those who by their seafood at restaurants and the local fish shop. You are ultimately the end users of coastal fish in South Africa and you have a moral obligation to participate in conversation effort for our fish stocks,” they urge.
Tools to assist public’s direct involvement and engagement
To assist the greater public engagement sought, the researchers point to a dedicated digital platform known as the Southern African Sustainable Seafood Initiative (SASSI) and which contains loads of information to assist especially fish dealers and consumers with knowledge about the fish they trade in or consume.
For retailers, the WWF-SASSI platform provides fish traders with information that includes guidelines to procurement of linefish from dealers operating in South Africa’s oceans.
In addition, the platform reportedly supports general members of the public by, for example: enabling people to, while seated at a restaurant, SMS the name of the fish on the menu they have ordered to a dedicated mobile number that in turn returns all the critical information known about the fish species, inclusive of its state of abundance or scarcity and some such other detail.
To encourage ease of use by the public, the platform also offers an app that can be loaded to a person’s mobile phone for purposes of accessing same information and alternatively, a downloadable booklet containing loads of knowledge about the country’s fish species and their current status.
“The demise of the dusky kob in coastal waters of South Africa is no less imminent than the threat faced by the rhino, elephant, abalone and others like them. Marine biologists are calling on all South Africans to step up and help fight the cause to ensure the sustainable use of our precious coastal fish resources,” says Prof Strydom and Messrs Mann and Truter.
Fewer deaths of fishermen on SA waters
**Meanwhile, a SAMSA report of recorded incidents of death at sea for the past 20 years (1996-2015) indicates a significant decline in the number of fishermen who die at see while at work.
Compiled by SAMSA’s Centre for Fishing, the report shows that even as the number of fishermen who died while at work at sea in 2015 more than doubled from only seven (7) in 2014 to 18 in 2015, the overall death trend reflected a significant decline particularly in the last decade from 2006 to 2015.
In the period, fishermen death numbers fell from double digit figures, sometimes as high as 57 per annum in the period from 1996 to 2005, to single digits of as low seven deaths per annum in the last decade to 2015.
The report may be obtained in three ways, from SAMSA offices at 146 Lunnon Road, Hillcrest, Pretoria; by requesting it via email (firstname.lastname@example.org) or downloading it via the website: http://www.samsa.org.za.