Bag X1, Matieland 7602, South Africa b Environmental Evaluation Unit, Department of Environmental and Geographical. Published online: 19 Dec 2013.

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1 This article was downloaded by: [University of Cape Town Libraries] On: 22 January 2015, At: 01:36 Publisher: Taylor & Francis Informa Ltd Registered in England and Wales Registered Number: Registered office: Mortimer House, Mortimer Street, London W1T 3JH, UK African Journal of Marine Science Publication details, including instructions for authors and subscription information: A decade of illegal fishing in Table Mountain National Park ( ): trends in the illicit harvest of abalone Haliotis midae and West Coast rock lobster Jasus lalandii GC Brill ac & SJPN Raemaekers bc a Department of Geography and Environmental Science, Stellenbosch University, Private Bag X1, Matieland 7602, South Africa b Environmental Evaluation Unit, Department of Environmental and Geographical Sciences, University of Cape Town, Rondebosch 7700, South Africa c Both authors contributed equally to the authorship of the article Published online: 19 Dec To cite this article: GC Brill & SJPN Raemaekers (2013) A decade of illegal fishing in Table Mountain National Park ( ): trends in the illicit harvest of abalone Haliotis midae and West Coast rock lobster Jasus lalandii, African Journal of Marine Science, 35:4, To link to this article: PLEASE SCROLL DOWN FOR ARTICLE Taylor & Francis makes every effort to ensure the accuracy of all the information (the Content ) contained in the publications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions and views expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, in relation to or arising out of the use of the Content. This article may be used for research, teaching, and private study purposes. Any substantial or systematic reproduction, redistribution, reselling, loan, sub-licensing, systematic supply, or distribution in any form to anyone is expressly forbidden. Terms & Conditions of access and use can be found at

2 African Journal of Marine Science 2013, 35(4): Printed in South Africa All rights reserved Copyright NISC (Pty) Ltd AFRICAN JOURNAL OF MARINE SCIENCE ISSN X EISSN A decade of illegal fishing in Table Mountain National Park ( ): trends in the illicit harvest of abalone Haliotis midae and West Coast rock lobster Jasus lalandii GC Brill 1# and SJPN Raemaekers 2# * 1 Department of Geography and Environmental Science, Stellenbosch University, Private Bag X1, Matieland 7602, South Africa 2 Environmental Evaluation Unit, Department of Environmental and Geographical Sciences, University of Cape Town, Rondebosch 7700, South Africa # Both authors contributed equally to the authorship of the article * Corresponding author, serge.raemaekers@uct.ac.za Illegal fishing activities are reported to be on the increase in South Africa, including in its marine protected areas (MPAs). Research is presented on the nature and the scale of illegal fishing in Table Mountain National Park (TMNP) by analysing the numbers of abalone Haliotis midae and West Coast rock lobster Jasus lalandii confiscated from fishers operating in the park s marine protected area between 2000 and Data were collected from offence logbooks maintained by South African National Parks rangers and managers, the South African Police Services, and interviews with alleged or self-confessed illegal fishers. The research findings indicate that the annual numbers of illegally fished abalone and rock lobsters have increased significantly over time. Spatial analysis suggests that confiscations of abalone occur predominantly on the east coast of the park, whereas higher confiscations of illegally fished rock lobsters occur on the west coast. It is clear from this research that new and more efficient approaches will need to be designed and implemented to minimise illegal fishing in the TMNP MPA. Contextspecific conservation targets that acknowledge and integrate social as well as developmental needs are required, and may be essential for limiting biodiversity loss in the longer term, which will ultimately ensure the success of fisheries management and conservation in TMNP. Keywords: confiscations, IUU fishing, marine protected area (MPA), poaching Introduction The Western Cape has historically been the commercial fisheries hub in South Africa for offshore and coastal fisheries (van Sittert 2003). The port of Cape Town and the smaller surrounding harbours on the Cape Peninsula (Figure 1) are where many of the larger-scale commercial fishing industries have developed and still operate. At the same time, a number of small-scale traditional and recreational fisheries operate from the shore (shore-based) and with the use of motorised vessels (boat-based) in the waters surrounding the peninsula. While most of these commercial and small-scale fisheries have been managed by central government through the Cape Town-based fisheries authority, over the past 15 years management processes and arrangements have been rendered increasingly ineffective, with illegal fishing activities reported to be on the increase. This has been documented at a national level for high-value inshore species such as abalone Haliotis midae and West Coast rock lobster (WCRL) Jasus lalandii (Branch and Clark 2006, Hauck and Kroese 2006, Isaacs et al. 2007, Raemaekers and Britz 2009, Raemaekers et al. 2011). Reasons for the increased illegal fishing are complex and situated within the legacy of apartheid, widespread poverty, and a general lack of legitimacy for the top-down and often resource-driven regulations (van Sittert 2002, Kleinschmidt et al. 2003, van Sittert et al. 2006, Hauck 2008). It has been argued that past and current South African fisheries governance arrangements have failed to understand and recognise the complex social dimensions not least of all, the socio-economic characteristics and needs of impoverished coastal communities (Branch and Clark 2006, Hauck and Kroese 2006, Raemaekers 2009, Sowman 2011, Sowman et al. 2011, Brill 2012). At the same time, the prevalence of a rich and fragile fauna and flora on the Cape Peninsula has spurred a range of conservation measures. Table Mountain National Park (TMNP) was proclaimed in to protect the habitat and biodiversity surrounding the City of Cape Town, in the region extending to Cape Point (Figure 1). The marine component of TMNP comprised several smaller marine reserves which were later included as restricted zones (i.e. no-take zones) in the broader TMNP Marine Protected Area (MPA), promulgated in 2004 (RSA 2004b). 1 The proclamation of the then Cape Peninsula National Park in 1998 was not gazetted but was based on a joint MOU between a number of local government agencies in collaboration with South African National Parks. It was later gazetted as the Table Mountain National Park (RSA 2004a) African Journal of Marine Science is co-published by NISC (Pty) Ltd and Taylor & Francis

3 492 Brill and Raemaekers Table Mountain National Park MPA Restricted zones Table Mountain National Park SANParks Section Offices Robben Island ATLANTIC OCEAN Kommetjie Hangberg Hout Bay E Oceanview Simon s Town Cape Town AFRICA South Africa SOUTH AFRICA Western Cape Cape Point See enlarged area 10 km WESTERN CAPE False Bay S S Figure 1: Cape Peninsula illustrating the location of the Table Mountain National Park Marine Protected Area, including the restricted ( no-take ) zones, and localities mentioned in the text South African National Parks (SANParks) is the authority mandated to manage this peri-urban park, and has accordingly deployed law enforcement and monitoring personnel in various stations across TMNP. In addition, compliance staff from the City (Metro police and environmental officers) and fisheries authority (Department of Agriculture, Forestry and Fisheries [DAFF]) are active along the coast, operating independently or in collaboration with SANParks. Aspects surrounding TMNP offer additional complexity to MPA and fisheries governance: the park is surrounded by a multifaceted urban matrix and is considered to be a multi-use zone by the millions of people residing in or visiting Cape Town. As is the case with South Africa s fisheries dispensation, it has been argued that the MPA was established as a conservation node without full understanding and consideration of the socio-economic and historical situations of people residing along the MPA s boundaries (Sowman et al. 2011). Although scientists and the MPA s managers aimed to designate fishing-exclusion zones to conserve marine systems and rebuild fish populations, levels of illegal fishing in the MPA are reported to have increased dramatically over the past decade, especially within the restricted zones (J Buchmann, SANParks, pers. comm., C Nortier, SANParks, pers. comm.). Field staff from SANParks believe that many illegal fishing operations originate from communities of fishers surrounding the park, who continue cultural and small-scale fishing practices despite failure to obtain formal fishing rights post apartheid (Hauck 2009, Raemaekers et al. 2011). As such, illegal fishers from these communities have often been labelled as poachers by the authorities. Fisheries non-compliance is, therefore, a significant problem in the TMNP MPA. Nevertheless, no substantial database of illegal fishing activities exists, nor are records of illegal fishing activities readily available. Much has been done to improve fisheries compliance, but the scale of illegal fishing remains unknown. Raemaekers and Britz (2009) have estimated illegal catches of H. midae for the Eastern Cape province specifically, while both Plagányi et al. (2011) and Raemaekers et al. (2011) have assessed the level of, and trends in, illegal catches of abalone for the entire country. Very few local studies on the scale of illegal fishing in the TMNP MPA have been undertaken. Previous studies focused only on illegal fishing for WCRL in the restricted zone adjacent to Hangberg (Figure 1; T Harrison, University of Cape Town, unpublished data; Hauck 2009, Raemaekers et al. 2010). We aim to provide a measure of marine resource confiscations and to analyse illegal fishing activities in the TMNP MPA in terms of: (1) modus operandi; (2) the potential scale of activities; (3) trends; and (4) demographics and social drivers. We accessed SANParks incident reports and confiscations data, with focus on high-value resources such as abalone and WCRL. Findings from quantitative sources are supported with qualitative information garnered from both WCRL fishers and abalone fishers residing adjacent to the park s boundaries. Methods We adopted a multidisciplinary research approach to better understand the nature and scale of illegal fishing in the TMNP MPA. Primary and secondary data relating to confiscations were sourced from resource management agencies and enforcement bodies, and anecdotal information was obtained from enforcement personnel and several alleged illegal fishers. Study area Located at the south-western tip of Africa, TMNP has a rugged land area of 221 km 2. Over km 2 of inshore ocean falls within the boundaries of the park s MPA, with six restricted no-take zones (Figure 1). Abalone and WCRL

4 African Journal of Marine Science 2013, 35(4): stocks are found throughout the TMNP MPA in varying abundance (Mayfield et al. 2001). Currently governed by SANParks, the MPA s daily operations are managed according to seven dedicated resource management sections distributed throughout the park (South African National Parks 2011). Quantitative data The fisheries data for this study were extracted from SANParks incident report logbooks of all marine and terrestrial confiscations. Information from eight logbooks was digitised, resulting in a record of 988 marine-related incidents of illegal activity in TMNP between 1 January 2000 and 31 December These data relate to a variety of marine resources, ranging from high-value species such as abalone and WCRL, to intertidal bait and shellfish and inshore line-fishes. For the purpose of this study, only records pertaining to abalone and WCRL were analysed. The state of the abalone i.e. in shell (whole) or out of shell (shucked) was recorded in logbooks without a size measurement. WCRL records were documented according to three distinct size categories of lobster: sized (80 mm minimum carapace length 2 ), undersized (carapace length <80 mm) and tailed (carapace removed). The exact size measurements of the confiscated WRCL were not documented. Data were also maintained for abandoned abalone and WCRL hauls. This information was included in this study as it pertains to additional illegal fishing incidents, albeit in the absence of an identified or apprehended perpetrator. Conversion factors for shucked abalone meat and rock lobster tails to whole mass were obtained from the fisheries authority (G Maharaj, 2009, Branch: Fisheries Management, DAFF). These are based on assessments of the mean weight of abalone and WCRL from confiscated resources and baseline whole mass assessments, and thus were used to convert the quantity of resources seized to an approximate whole weight value (weight was not recorded in the SANParks logbooks). For abalone, conversion factors were related to the mean mass of reported abalone confiscations in areas surrounding TMNP over the 10-year period, and differed according to the state (whole or shucked) of the abalone measured. WCRL weight-conversion factors combined the average male and female carapace lengths of WRCL measured in independent research conducted by Branch: Fisheries Management, DAFF, in two commercial fishery zones (8 and 10) 3 for each year of the study period; 2 The minimum harvestable size of WCRL (85 mm carapace length) is stipulated by the recreational fi shery permit. The minimum harvestable size of WCRL for Interim Relief Permit (IRP) recipients is an 80 mm carapace length, while commercial rights holders can harvest WRCL with a minimum carapace length of 75 mm. Both the IRP and commercial fi sheries are exclusively boat-based. SANParks compliance efforts are primarily focused on enforcing regulations pertaining to the recreational fi shery (which is shore- and boat-based), even though IRP and inshore commercial rights holders may fi sh for and land their catch in the same area within the TMNP MPA (outside of restricted zones). The latter fi sheries do not fall within the mandate of SANParks and are enforced by the fi sheries authority 3 Zones 8 (Cape Point to Kommetjie) and 10 (Hout Bay) fall within the broader TMNP MPA these were multiplied by a conversion ratio to determine average weight across these areas per size class of rock lobster. Conversion factors for each year of the decadal review period were marginally different across each of the size classes. All seized commodities originating from the TMNP MPA are reported and delivered to the nearest South African Police Services (SAPS) station, with the details of the delivery recorded. Accordingly, additional data pertaining to abalone and WCRL confiscations were obtained from SAPS for the one-year period dating 1 June June Data for additional years were not available. The data provided for the one-year period were used to cross-reference SANParks incident reports and to determine whether any under- or overreporting of confiscations occurred. Spatial analyses Spatial analyses were undertaken using the same dataset compiled from the incident report logbooks. The site of confiscation was recorded in 772 (78%) entries; accordingly, only geo-referenced entries were included in the mapping, allowing the identification of confiscation focus areas or nodes. These could be related to potential locations where actual illegal fishing operations took place. Qualitative data Semi-structured interviews were conducted to obtain further insight into the scale of illegal fishing in the TMNP MPA. The interviews were administered via a 30-question questionnaire surveying demographic details, resources harvested and social drivers. Illegal fishing is a criminal offence in the park and is consequently a sensitive issue for many harvesters; therefore, a low response rate for a qualitative survey of fisheries law violators was anticipated, despite the guarantee of anonymity from the researchers. A total of 87 fishers and harvesters were approached to partake in the qualitative component of the study; 39 agreed to be interviewed. The contact details of alleged illegal fishers were obtained from the TMNP logbooks. Snowball sampling a method deemed particularly effective for small communities or populations difficult to locate (Babbie 2001, Hampshire et al. 2004) was adopted to allow respondents to inform the researchers of other alleged illegal fishers. Seventeen SANParks officials also agreed to be interviewed. All interviews were conducted under strict confidentiality and anonymity 4. Results Fisher profiles and modus operandi The information obtained from interviewed SANParks officials corroborated results of the semi-structured interviews conducted with the fishers, as three distinct user-groups could be identified: (1) illegal abalone harvesters with no specific link to traditional fisher communities; (2) illegal WCRL fishers who did appear to originate from fisher 4 Named individuals gave permission to have their perspectives cited as personal communications

5 494 Brill and Raemaekers communities; and (3) self-identified Rastafarians. The Rastafarian group allegedly resided in impoverished commu nities and engaged in the harvesting of a range of marine resources, including abalone and WCRL. Each fisher group operated differently, guided by the resource targeted and the markets supplied. Illegal abalone harvesters All abalone fishers interviewed (n 11) reported being part of highly sophisticated, hierarchical organisations, comprising divers and runners, through to middlemen and operations managers. All respondents operated on a largescale basis, fishing illegally for maximum hauls and associated profit. Many of the fishers claimed to favour fishing the abalone stocks outside the boundaries of the park, e.g. in the waters surrounding Robben Island (Figure 1). Rights holders in a legal abalone fishery operate on the western side of the Cape Peninsula but none of the interviewees reported being associated with them. The fishers reported that there were also less-organised and more opportunistic abalone harvesters operating in TMNP, albeit on a much smaller scale, and that such operators were more likely to be apprehended by park officials, as they lacked the expertise to avoid detection and the high-tech equipment, such as night-vision gear and large, inflatable boats with powerful motors, needed to increase the chances of escaping law enforcement. Diving for abalone reportedly occurred mainly at night, although SANParks officials reported some daytime operations. Respondents were all male, consistent with the notion that abalone harvesting is undertaken predominantly by men. The equipment used to harvest the resource included high-tech vessels, self-contained underwater breathing apparatus (SCUBA), and underwater tools to remove and shuck (de-shell) the abalone. Not all abalone harvesters reported that they shucked their catch underwater. Harvested abalone were stored in bags that were left submerged in the water for later collection (using global positioning satellite [GPS] or visible markers) or were hidden on land for runners to haul. Illegal WCRL fishers Responses from the WCRL fishers interviewed (n 22) indicated that the majority originated from fisher commu - nities. All respondents were heavily dependent on fishing WCRL as a source of food and income, and fished with the intention of maintaining traditions, regardless of whether the resources were caught legally. Many fishers also reported accessing the WCRL resource in the TMNP MPA via the recreational fishery (permitted on selected days from November to April). Such fishing, which requires a licence purchased from any branch of the South African Post Office, is permitted in the confines of the MPA, outside of the restricted zones (Figure 1), and is performed by freediving (shore-based) or with the use of baited hoop nets (boat-based). SANParks officials reported an increase in apprehending illegal WCRL fishers during the recre ational fishing season; the majority of confiscations reportedly involved over-harvesting (i.e. exceeding the bag limit), the collection of undersized resources, or illegal tailing (i.e. discarding the carapace and retaining only the tail) of undersized lobsters. Fishers perform the latter as tail length is not directly dependent on carapace length, which is used to define minimum harvestable size. Rastafarian groups The Rastafarian population in Cape Town is small, numbering in the hundreds or thousands. Little is known about these communities, and even less about their fishing behaviour. Anecdotal responses from the TMNP officials suggested that Rastafarian fishers were mostly opportunistic and used their catch predominantly for subsistence purposes (J Buchmann, SANParks, pers. comm.). The Rastafarians interviewed (n 6) believed that they had a cultural right to fish, even if they did not possess the appropriate fishing licenses. These respondents conveyed the belief of Rastafarian communities of holding a particular relationship with the environment that transcends conventional law. All Rastafarian respondents partook in fishing with the intent to harvest resources for food. Surplus fish caught were reportedly bartered or sold for additional foodstuffs, medicines or other essential items with local community members. Few reported the use of motorised vessels, relying rather on intertidal harvesting. Respondents indicated that fishing for abalone and WCRL was coupled with the harvesting of other intertidal organisms, such as bait, shellfish and certain species of line-fish. As such, it appeared that the Rastafarians held many similarities with the betterknown small-scale fisher communities from Hangberg and Oceanview (Figure 1), who have been advocating for fishing rights, yet have become more outspoken about their distinctness. While all Rastafarian fishers interviewed did, in fact, reside in small-scale fishing communities, all indicated that they were and should be treated as a separate stakeholder group. Confiscations data Confiscation events and resources confiscated Across the 10-year study period, a total of 439 abalone and 427 WCRL confiscation incidents occurred (Figure 2a and b respectively). Abalone confiscations Abalone seizures occurred throughout the year, although there was a slight increase in the number of confiscation events in the summer and autumn seasons. Throughout the decadal review period, the trend in the number of abalone confiscation incidents remained constant (Figure 2a). Overall, there was a significant increase (p 0.03) in the number of abalone confiscated in TMNP over time (Figure 3). The first half of the review period ( ) yielded less than one-third (28.8%) of the total number of seized abalone recorded in the park s logbooks. A substantial increase accounting for 71.2% of confiscations occurred in the latter five years of the review period, with 32.6% contributed by confiscations in 2008 and Abalone confiscations were categorised according to the state in which the resources were appropriated (i.e. unshucked or shucked). Records for the year 2000 show that more than 90% of seized abalone were shucked (Figure 3). This proportion decreased gradually over the subsequent five years. A considerable increase was noted

6 African Journal of Marine Science 2013, 35(4): NUMBER OF CONFISCATION INCIDENTS (a) Abalone (b) WCRL y = x r 2 = y = 0.212x r 2 = in the amount of unshucked resource appropriated in the second half of the study period (n abalone, 78.6% of the decadal total). WCRL confiscations There was a highly significant (p < 0.01) increase in the number of illegally fished WRCL confiscated in TMNP over the 10-year review period (Figure 4), together with a 63% (n 111) increase in confiscation incidents in the latter five years (Figure 2b). Consistent with reports from TMNP officials and coinciding with increased law enforcement and compliance checks during the recreational WCRL fishery season, confiscations occurred primarily (91%) during summer and autumn. An average of 391 WRCL were seized per annum in the first half of the review period, increasing substantially to an average of WRCL per annum in the latter five years. This amounted to a total of seized WRCL over the 10-year period; 84.1% between 2005 and 2009, and the greatest number in 2008 (n WCRL) (Figure 4). Overall, for all size categories recorded (sized, undersized and tailed), there was a highly significant increase (p < 0.01) in the number of WRCL confiscated following illegal activities in TMNP over the review period. In the first half of the study period, the total number of WRCL seized (n 1 954) comprised 54.7% (n 1 068) sized, 18% (n YEAR Figure 2: Number of confiscation incidents of (a) abalone and (b) West Coast rock lobster (WCRL) in the Table Mountain National Park ( ) NUMBER OF ABALONE CONFISCATED ( 10 3 ) Unshucked abalone Shucked abalone YEAR Figure 3: Number of shucked and unshucked abalone seized in the Table Mountain National Park ( ) NUMBER OF WCRL CONFISCATED ( 10 3 ) WCRL tails Undersized WCRL Sized WCRL YEAR Figure 4: Number of West Coast rock lobster (WRCL) seized in the Table Mountain National Park ( ) 352) undersized and 27.3% (n 534) tailed specimens. From 2005 to 2009, the total number confiscated (n ) increased dramatically by more than five times and comprised 48.1% (n 4 959) sized, 29.2% (n 3 008) undersized and 22.8% (n 2 352) tailed specimens. The total amount of WRCL confiscated over the entire 10-year period (n ) included 49.1% (n 6 027) sized, 27.4% (n 3 360) undersized and 23.5% (n 2 886) tailed specimens. In general, while the confiscations data imply that WCRL fishers were inclined to fish sized lobster, it is likely that the substantial portion of tailed specimens among these data represent undersized WRCL. Adding to this is that the number of confiscated undersized WRCL increased significantly (almost 10-fold; p < 0.005) between the first (n 352) and second halves (n 3 008) of the study period, with a notably large increase in Believing that illegal fishing in the park was seriously underreported, the TMNP officials estimated that between and WRCL were fished illegally from the park per annum, while the illegal WCRL

7 496 Brill and Raemaekers fishers who were interviewed estimated that each fisher removed on average WRCL from the park annually. WCRL fishers also believed that there were between 30 and 200 fishers operating illegally in the MPA, while the Rastafarian respondents reported to know an average of 56 other fishers who target rock lobster in the MPA. Weight of resources confiscated Abalone confiscations There was a significant increase (p 0.01) in the total weight of abalone confiscated per annum in TMNP over the 10-year period (Figure 5). The total weight confiscated amounted to kg: kg during , and kg during (a 3-fold increase compared with the preceding five years). The illegal abalone harvesters appeared to have become more inclined to land unshucked abalone in the latter half of the decadal review period, allowing them to harvest more abalone per dive, despite the extra weight. From 2000 to 2004 the average annual contribution of shucked abalone amounted to 31.3% of the total weight confiscated; this decreased to 8.6% during (Figure 5). Accordingly, unshucked resource weight averaged 68.7% of the annual contribution during , and increased to 91.4% during The annual weight of shucked abalone that was seized averaged 341 kg, while that of unshucked abalone averaged kg (a 10-fold higher mass). Survey data were collected from alleged illegal abalone fishers (n 11) to ascertain their estimated catches in tonnage per annum, and complemented the SANParks confiscations data. On average, each abalone fisher estimated harvesting 2.5 t of abalone per annum from the TMNP MPA. In discussions with TMNP officials, they believed that on average 10 t of abalone were harvested illegally from the park annually. Abalone fishers who were interviewed reported to know an average of 56 other poachers targeting marine resources, including abalone, in the TMNP MPA annually. WCRL confiscations The latter half of the decadal review period yielded 83.4% of the total weight of all WCRL confiscations (Figure 6). The average annual weight of such confiscations in the first half of the study period was 96 kg; this increased almost 5-fold to 484 kg in the latter five years. The combined weight of WCRL confiscations over the 10-year period amounted to kg. Notably, the total weight of seized resources in 2009 exceeded that measured in 2008, whereas the total numbers decreased from 2008 to 2009 (Figure 4). This is due to the size preference of the rock lobsters confiscated, and not due to the conversion ratios used (these values were only marginally different in the last two years under review). Comparison of confiscations data with SAPS records Additional SAPS records pertaining to abalone and WCRL confiscations in TMNP from 1 June 2008 to 1 June 2009 were used to cross-reference SANParks incident reports, to determine whether any under- or overreporting of confiscations might have occurred. Discrepancies between the SANParks and SAPS data were observed: the SANParks WEIGHT OF ABALONE CONFISCATED ( 10 3 kg) Unshucked abalone Shucked abalone YEAR Figure 5: Weight of confiscated shucked and unshucked abalone in the Table Mountain National Park ( ) WEIGHT OF WCRL CONFISCATED (kg) WCRL tails Undersized WCRL Sized WCRL YEAR Figure 6: Weight of confiscated sized, undersized and tailed West Coast rock lobster (WCRL) in the Table Mountain National Park ( ) records for the stated time period accounted for abalone and 562 WRCL, whereas the SAPS records documented abalone and WRCL. The direct confiscation of abalone or WRCL by the fisheries authority or SAPS is not necessarily reported through SANParks, lending further evidence that the illegal fishing effort in TMNP may be far greater than reported here. Spatial analyses We considered the spatial component of abalone and WCRL confiscations in TMNP between 2000 and 2009 (Figure 7). Some 79.5% of abalone- and 81.2% of WCRL-related confiscation incidents recorded in the SANParks logbooks were geo-referenced. Accordingly, the referenced locations reflect where successful confiscation events occurred rather than where the resources were illegally fished. During the first half of the study period, there were 149 abalone-related confiscation incidents occurring in 60

8 African Journal of Marine Science 2013, 35(4): E S E S Cape Town Cape Town 10 km 10 km Hout Bay Hout Bay Kommetjie ATLANTIC OCEAN (a) Abalone Simon s Town False Bay Glencairn Cape Point Miller s Point S locations, whereas only a quarter of all geo-referenced incidents for WCRL (n 73) took place during this time. The latter half of the study period yielded greater numbers, with 200 abalone-related confiscation incidents in 82 locations, and 224 WCRL-related confiscation events in 55 locations. Abalone confiscations A total of 34 individual locations were identified from logged geo-referenced abalone seizures, with an average of 10 incidents per area over the decadal period. A total of 87.6% of all abalone-related incidents and 93.0% of all abalone confiscated by TMNP officials were geo-referenced to sites in False Bay. The highest number of incidents (n 52) and 13.4% of the total number of abalone seized for the 10-year period occurred at Cape Point. Confiscation events in the area surrounding Simon s Town (n 49) accounted for a further 11.6% of the total number of geo-referenced abalone confiscation events. Although only 5.2% (n 18) of the total abalone confiscation incidents originated from Glencairn, these incidents accounted for 25.3% of the total number of seized abalone, reflecting larger confiscations. Illegal abalone fishers claimed that fishing on the False Bay side of TMNP was the most lucrative and facilitated easier getaway in the event of enforcement pursuits. Park officials also believed that the majority of illegal abalone Kommetjie Scarborough ATLANTIC OCEAN Simon s Town Cape Point (b) West Coast Rock Lobster False Bay Figure 7: Location of (a) abalone and (b) West Coast rock lobster confiscation events ( ). Size of circles indicates relative frequency S harvesting took place along the east coast of the park, south of Simon s Town towards Miller s Point and further towards Cape Point. WCRL confiscations Analysis of the SANParks WCRL confiscations data revealed 12 locations on each side of the Cape Peninsula; however, the west coast had more than double (2.25 times) the number of confiscation incidents (n 176) compared with the east coast (n 77) over the 10-year review period. Smaller differences were observed between the number of WRCL confiscated on the each side of the Cape Peninsula, with 46% (n 4 798) of the total number of WRCL seized on the west coast. The remainder was either confiscated on the east coast (44.2%) or inland (9.8%). Kommetjie was identified as a location of WCRL seizures in nine of the 10 years of the review period, accounting for 64 incidents and 15.8% (n 1 644) of the total number of WRCL confiscated. Hout Bay (n 48) and Cape Point (n 43) were locations accounting for a further 30.7% of spatially referenced seizures, although the number of WRCL confiscated at these sites accounted for just 21.3% (n 2 215) of the rock lobsters confiscated over the review period. The average number of WRCL seized per area amounted to 347.

9 498 Brill and Raemaekers Respondents stated that their primary areas of harvest were in and around Kommetjie and Hout Bay. Park officials corroborated this, intimating that the WCRL resource was fished more frequently around these areas. Rastafarian fishers interviewed indicated that they would venture further to fish, targeting the areas between Scarborough and Cape Point in the Cape Point Reserve. Consistent with responses of the fishers and SANParks officials, the logbook data indicated that confiscations at Kommetjie and Hout Bay contributed 25.6% and 16.2%, respectively, to the total number of illegally caught WRCL over the decadal period. Discussion The trends observed in this study imply that an increasing amount of abalone and WRCL are being fished from the TMNP MPA each year. However, while the increase in confiscations over the 10-year period reviewed in this study infers that more illegal fishing might have been taking place, it may also reflect an increase in law enforcement capacity or efficiency. Law enforcement was increased over the years under review, with devolution of responsibility from the fisheries authority to SANParks in 2004 (C Nortier, 2009, pers. comm., M Ruthenberg, SANParks, 2009, pers. comm.). With greater enforcement capacity in the park, more emphasis was placed on compliance operations, which may have resulted in a greater number of confiscation incidents. Furthermore, a dedicated Marine Section was established by SANParks in 2005 to curb the apparently rampant illegal fishing occurring throughout the MPA. This may well account for the spike in confiscations recorded that year, as more compliance and enforcement effort was deployed. Despite the increase in compliance capacity, anecdotal and interview data intimated that the illegal fishing of abalone and WRCL remained on the increase. Therefore, taken together with the responses of the self-confessed illegal fishers and TMNP officials, the trends in the SANParks confiscations data confidently suggest that the illegal harvesting of marine resources in the TMNP MPA increased significantly in the years As evident from this study, the abalone resources in the TMNP MPA are increasingly being targeted by illegal fishers. Over the last five years of the study period, divers have harvested a greater number of abalone over a shorter time period, thereby indicating a preference for leaving the harvested abalone unshucked. Shucking of the abalone occurred after diving operations, on land and away from the potential threat of law enforcement operations at sea and at the landing sites. Analysis of the SANParks confiscations data showed that such illegal harvesting of abalone was not governed by seasonality, and occurred throughout the year. Demographic details documented in the logbooks and anecdotal records suggest that individuals and groups from around the Cape Peninsula and even further afield were responsible for the illegal fishing of abalone in the MPA. Spatial patterns indicated that the abalone fishers preferred to harvest on the False Bay side of TMNP, in or around the restricted no-take zones. This behaviour may be attributed to abalone abundance in these areas. According to research by Mayfield et al. in 2001, the east coast of the park supports the greatest numbers of abalone. WCRL confiscations occurred across the park s MPA, although Kommetjie stood out as a confiscations hotspot. Commonly, many of the law enforcement and compliance activities undertaken by SANParks rangers are based at Kommetjie, ensuring the compliance of the recreational fishers with the daily bag limit and minimum size regulations during the recreational WCRL fishery season. Few confiscations occurred in no-take zones over the review period; however, reports by the respondents confirmed that illegal fishing of WCRL does occur in these locations. What is more, SANParks does deploy law enforcement personnel to these zones to prevent and curb illegal fishing. Despite an even distribution of confiscation events on the east and west coasts of the park, the greatest number of WRCL seized was on the west coast, possibly attributed to the greater numbers of WRCL found along this edge of the park (Mayfield et al. 2001). The seasonality of the illegal fishing of WRCL appeared to be heavily biased towards the legal recreational season, which runs from November through April. This study does not include the confiscation and compliance data maintained by the fisheries authority on the commercial fisheries; therefore, this research is only a reflection of the enforcement operations undertaken by SANParks. Nevertheless, the illegal fishing for WCRL has seen a significant increase between 2005 and 2009 based on the confiscations data and anecdotal information, and it is of concern that confiscations comprised a significant portion of undersized and tailed specimens. Further cause for concern is the strong likelihood that illegal fishing in the TMNP MPA is significantly under - reported. The sudden spike in confiscations in 2005, linked to the establishment of the marine unit, suggests that illegal fishing may have been much higher than the trends show for the period pre Although it is not possible to extrapolate the degree of illegal fishing from the SANParks confiscations data, the 38 t of abalone confiscated over the 10-year review period is considerably less than the 100 t estimated by TMNP officials to be removed from the park over the same time period, and the 2.5 t average estimated to be collected per annum by each of the 11 illegal abalone harvesters interviewed, thus totalling 27 t per year. Moreover, an average of 56 additional abalone fishers were estimated to be operating in the MPA by the 11 fishers interviewed. Although we do not know their average catch per year, one can deduce that 27 t remains an underestimate. In conclusion, these differences in confiscated catch, estimates by officials, and estimates from abalone fishers intimate that the majority of illegal fishing activities remains undetected by compliance efforts. Similarly, the number of WRCL seized over the 10-year period (12 273) is significantly lower than that estimated by fishers and TMNP officials to be fished illegally from the park. The 22 WCRL fishers interviewed reported to fish illegally an average of lobsters on an annual basis, and the 6 Rastafarians interviewed claim to gather about 54 standard shopping bags of WRCL per annum. In contrast, TMNP officials estimated that between and WRCL are fished illegally from the park per annum. In general, the higher estimates of illegal fishing effort reflected by the interviewed fishers compared with those from the

10 African Journal of Marine Science 2013, 35(4): TMNP officials suggests that illegal fishing effort in the TMNP MPA may be much higher than experienced by the rangers and managers in the field. The underreporting of illegal fishing in the TMNP MPA was further evident from the discrepancies between the abalone and WCRL confiscations records maintained by SANParks and SAPS for the period 1 June 2008 to 1 June According to officials responsible for enforcement, the chances of being caught for illegal fishing in the TMNP MPA are very small. S Moola (Feike Natural Resource Management Advisors, pers. comm.) alleges that the confiscation rate of illegally fished abalone is a mere 10%, while others have claimed that law-enforcement agencies seize only about 5% of the illegal abalone catch (Raemaekers and Britz 2009). Bürgener (2012) estimates that between 9% and 19% of poached abalone in South Africa are confiscated. Other factors contributing to fisheries non-compliance in the TMNP MPA include the lack of severity of sanctions on perpetrators, the lack of enforcement capacity and organisation, and the absence of efficient prosecution systems (Smith and Anderson 2004). Of particular significance is that many of the issues raised by illegal abalone harvesters a decade ago are currently being brought to the forefront by the lobster fishers (Hauck 2009). In management circles and in the formal WCRL fishery, scientists as well as government and industry officials have viewed the decline and ultimate closure of the abalone fishery as a harbinger of the lobster fishery s fate (Hauck 2009). There is increasing concern that the illegal lobster fishery is growing significantly in magnitude and is becoming more established, and as such, is facing a similar lot to the abalone fishery (Raemaekers et al. 2011). Specifically alarming is that illegal fishing is also taking place within the boundaries of an MPA, thereby questioning the effectiveness of the TMNP MPA as a tool in resource sustainability and conservation. Fisheries non-compliance is thought to arise from many contributing and compounding factors (Hauck 2009, Raemaekers et al. 2011). These include the perceived legitimacy of regulations and rights allocations, poverty, poor stakeholder consultation and involvement in MPA planning and management, and the degree of individual moral development in the various fisheries (Hauck 2008, Read et al. 2011, Sowman et al. 2011). Several innovative management and law enforcement approaches have been implemented in South Africa over the last decade (Raemaekers et al. 2011) and, more recently, small-scale fishers have obtained fishing permits after successful litigation on the grounds that Government had failed to cater for them adequately (Equality Court of South Africa 2007). Consequently, a new small-scale fisheries policy has been gazetted (RSA 2012) and is awaiting implementation. Yet, it is clear from this research that new and more efficient approaches will need to be designed and implemented to minimise illegal fishing in the TMNP MPA (RSA 2013). For example, increased law enforcement in the MPA within restricted zones should be aligned with a developmental implementation of the small-scale fisheries policy that will secure preferential access and livelihoods to the small-scale fishers living in communities adjacent to the TMNP. Conclusion Confiscations data maintained by SANParks and interviews with illegal fishers and SANParks officials indicate that the illegal harvesting of abalone and WCRL in the TMNP MPA is on the increase. Innovative solutions will need to be developed by working closely with affected stakeholders, legal abalone and WCRL rightsholders as well as illegal groups such as those described in this study. The prior degeneration of the abalone fishery should prepare officials and decision-makers to handle current developments in the illegal lobster fishery effectively. Context-specific conservation targets that acknowledge and integrate developmental needs are required, and may be essential for limiting biodiversity loss in the longer term, which will ultimately ensure the success of fisheries management and conservation in TMNP. Acknowledgements We acknowledge SANParks personnel for their time, assistance with data collection and for granting permission for this research; members of the Department of Agriculture, Forestry and Fisheries for their data and input; and the fishers who participated in the study, and offered their opinions and stories without fear or prejudice. SJPNR would like to thank the National Research Foundation for partial support towards research in South Africa s MPAs. References Babbie E The practice of social research (9th edn). 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