Fishing restrictions ‘open to legal challenge’

Published Jun 3, 2020

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Cape Town - The Department of Environment, Forestry and Fisheries’ lockdown

regulations regarding fishing during level 3 have been dismissed as “nonsensical and arbitrary” and could be open to a legal challenge.

On Monday, Minister Barbara Creecy said: “All fishing, including recreational fishing, is permitted with the exception of charter fishing.

“Fishers must ensure they have a valid permit. All regulations relating to social distancing, health protocols, movement and the prohibition of groups and gatherings apply.”

However, Shaheen Moolla, the director of fishing advisory company Feike, said: “There is very little difference between recreational fishing and any other form of fishing.”

“This is because the majority of recreational fishers operate from the shore and the coastline and fish in solitude, whereas commercial fishers on the other hand are 10 or 12 on a little boat, particularly with small-scale fishing.

“Your risk factor, if we’re concerned about virus spread, is higher on a commercial fishing boat than with

recreational fishermen. So it just further goes to show how nonsensical and irrational these regulations are.

“I’m certain that should the Deep Sea Angling Association and Charter Boat Operators decide to challenge this decision, they will win.

“The regulations were simply not designed to prevent the virus spreading; it was more a case of arbitrary control of people.”

Meanwhile, IFP spokesperson on Environmental Affairs, Forestry and Fisheries, Narend Singh, welcomed Creecy’s announcement.

“The IFP was strongly against the prohibition of subsistence fishing (which falls under recreational fishing in terms of existing legislation) under all previous levels as it removed food from the tables of people who have, for generations, relied on fishing to survive.

“While the IFP welcomes these developments, as they secure the

survival of an already vulnerable group in our society, the party will continue to fight for the recognition of subsistence fishers as a stand-alone group deserving of protection under our legislation and human rights instruments,” Singh said.

@MwangiGithahu

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Cape Argus

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