The President
Office bearers
S.A.Federation of Sport & Sea Angling (Agenda Item 6.4. AGM-May 6th 2006
S.A.Sport Anglers & Casting Confederation (Agenda Item 6.6 AGM-May 6th 2006)
From:H.Steyn.
REPORT ON ENVIRONMENTAL AFFAIRS: PERIOD MAY 28TH 2005TO MAY 6TH 2006.
(Agenda Item 6.4 AGM May 6th 2006)
1SADSAA’s EO (Dr. Bruce Jones), recently distributed an article published by KZN Wildlife on prosecutions, which they had carried out regarding illegal catches of fish. It transpires that the GREEN SCORPIONS were involved.
DEAT has been holding training sessions for various bodies around the country recently where personnel from various departments have been trained as Environmental Management Inspectors (EMIs). People involved in the training have been drawn from the American EPA (Environment Protection Agency) and from other international bodies.
We are no longer dealing with poorly trained parks board staff and the prosecutor in the cases mentioned in the article, Rob Mortassagne, has just received an award for not having lost a case involving environmental matters in the last 10 years. They mean business in KZN, and, I suppose in the rest of the country as well. Please caution your members in your area as a prosecution can have serious consequences for them.
Below is an extract from a presentation on the powers and functions of the Green Scorpions. As you will notice, it is not a separate body as with the well-known Scorpions, which have been so successful, but members within established organizations who have received proper training and extraordinanary powers.
What is preventing effective Enforcement?
Limited, localised publicity of enforcement actions
No distinctive national enforcement profile
Legislation that is not geared for enforcement
Outdated, ineffective permitting systems
No functional separation and specialisation
No shared systems, procedures and resources
No sense of being part of enforcement community
Little experience of environmental crimes in SAPS and NPA
What is Government doing to address obstacles?
Environmental Management Inspectorate
Network of environmental enforcement officials across spheres of government and across environmental media
Centralised, standardised environmental enforcement powers
Distinctive national identity with national profile
New legislation with enforcement powers (12 new criminal offences in AQA)
Large-scale permit reviews, starting with Top 50 air polluting industries or sectors
Trend towards functional specialization
Capacity building with SAPS and NPA
Environmental enforcement network
Officials in:
DEAT
Other organs of State (SANParks)
Provincial environmental departments
What are the Functions of EMIs?
They must:
(a) Monitor compliance with, and
(b) Enforce
What powers do EMIs have?
Routine inspections: entering premises, sometimes without warrants, for specific purpose, seizing evidence
Investigations: questioning witnesses, copying documents, inspect and remove articles or substances, taking phorographs, taking samples, removing waste
Enforcement: search, seize, roadblocks, arrest (some powers from CPA)
Administrative powers: compliance notices.
NOT ALL EMIs WILL HAVE ALL OF THE ABOVE POWERS.
How will I recognise an EMI, and where can I get hold of one?
EMI Card
Distinctive Clothing and equipment
Future: Central contact number
Now: Departments, or DEAT Hotline 0800 701 701.
DEAT Directorate: Enforcement.
National Pollution and Waste arm of the Environmental Inspection Directorate
Lead agent of EMI Roll-out
First cases: unauthorised activities
Reactive: tip off and complaints
New focus on using criminal prosecutions
Administrative tools.
1.1 “GREEN SCORPIONS” TO GET 800 INSPECTORS IN 2006
As taken from the Business Day, 24 February 2005, (original article by Margie Inggs).
The Department of Environmental Affairs and Tourism will intensify its crackdown on environmental offenders by appointing 800 environmental management inspectors (EMIs) across the country by the middle of the year, director-general Pam Yako said this week.
Speaking at the first South African environmental enforcement conference in Durban, Yako said the effectiveness of the Environmental Management Inspectorate had improved as the number of inspectors had grown.
The Green Scorpions, as they have been nicknamed, have been cracking down on environmental crimes since the first 26 inspectors were appointed last June. They monitor compliance with and enforce not only the National Environmental Management Act (NEMA) but also all national legislation dealing with the protection of the environment, including the new Protected Areas Act, the new Biodiversity Act and the new Air Quality Act. Within the next 18 months, the department hopes to add a new Waste Act to this list. Under the Environment Conservation Act 73 of 1989, the maximum penalty for not complying with environmental impact assessment regulations is R100 000 - a mere inconvenience for a large company, but NEMA provides for fines of up to R5 million.
In the next two years, the national Department of Environmental Affairs and Tourism will engage with provincial environment departments about the participation of municipalities in the Environmental Management Inspectorate.
Yako said her department, together with provincial environmental departments and the parks authorities had developed a number of key tools to support inspectors across the country. "Probably the most important of these is the bridging training course, which is being rolled out across the country," she said. "This is an intensive training course designed to prepare our existing enforcement officials for their new powers and responsibilities. In 2006/07 this bridging training course will be developed into a more permanent basic training course for inspectors." In addition, the national department has installed a tip-off line, called the Environmental Crimes and Incidents hotline. People can call it 24 hours a day on 0800-205005.
Yako said she wished to continue with the environment court in Hermanus, which was a successful joint pilot project between her department, the director of public prosecutions in Cape Town and the department of justice and constitutional development. "In the environment court, the prosecution success rate is 75 percent and at least 25 of those convicted have received sentences of direct imprisonment without the option of a fine." Yako said that while other criminal justice institutions in the past had not prioritised environmental offences, this had changed significantly over the past year
1.2 SKI BOAT FISHERMEN UNDER FIREKZN Wildlife has fired a shot across the bow of recreational Ski Boat fishermen who illegally sell their catch. In the Mtunzini Magistrates court yesterday two Mandeni fishermen were sentenced after pleading guilty to various charges under the Marine Living Resources Act including possessing 25 undersized Kob, exceeding the bag limit, illegally trading in fish as well as defeating the course of justice.
The charges relate to an incident on the 04 June 2005 at the Tugela Mouth launch site where KZN Wildlife Officer Len Zulu and his staff arrested the skipper and 3 crew on the vessel “Grunter II” as they beached their vessel, and the fish were recovered.
Patrick Rouillon (42) of Mandini pleaded guilty to all charges and was sentenced by Magistrate, Mr A Baijnath in the Mtunzini magistrate’s court to a fine of R40 000 in respect of the charges under the Marine Living Recourses Act. On the charge of defeating the course of justice he was sentenced to 18 months imprisonment, suspended for 5 years on condition that he does not re-offend and further that he complete 16 hours of community service per month for a period of 18 months.
An accomplice Mr Marius Nell, also of Mandini, who was a crewmember pleaded guilty to exceeding the bag limit and possession of undersized fish. He was sentenced to A fine of R5000 or in default of payment thereof to 10 months imprisonment. The personal circumstances of the accused as put to the court by defence attorney Mr T Govender were taken into account in sentencing.
The investigation and prosecution of the case received specialized input as a result of teamwork between KZN Wildlife, the SAPS and the National Prosecuting Authority in KZN. These organizations have formed an effective partnership to combat serious wildlife and marine crime. Efforts are co-ordinated through the KwaZulu-Natal Wildlife Crime Working Group, to which all three organizations belong. Representatives attend regular meetings of this Group at a high level, and the partnership has drawn the attention of the Director of Public Prosecutions Shamilla Batohi who attended a recent meeting of the group.
Specialist Public Prosecutor Mr Robert Mortassagne of the Durban Magistrates Court and Mtunzini Court Prosecutor Mr Makhosini Buthelezi handled the prosecution, and Durban Organised Crime Units R/Cst Wayne Evans was assigned to assist in the investigation of the case docket. KZN Wildlife’s Richard Penn-Sawyers who is the Conservation Manager for the North Coast welcomed the sentence and pointed out the seriousness of the crime in light of the fact that a state of emergency in the line fish stocks was proclaimed by the Minister of Environmental Affairs in 2001. He stated that the sale of fish by recreational anglers who act as illegal commercials is a prevalent crime and that he is heartened by the current zero tolerance attitude of law enforcement officials.
1.3 The sentencing follows the unrelated arrest of another Skipper and his 4 crewmembers in Port Edward on the KZN South Coast on the 24 September 2005 by KZN Wildlife Officer Sam Ndlovu.
The accused were found with a large quantity of fish over the bag limit hidden in a secret hatch on the vessel. The vessel has been seized and impounded by KZN Wildlife and the SAPS, and the case is currently under investigation with the assistance of the Port Shepstone Organised Crime Unit’s Insp. Koos Prinsloo who is trained in the investigation of serious marine cases.
1.4 HIDDEN HATCHES –SKI BOAT OWNER SENTENCED
Sentence was today handed down in the case of a Port Edward Ski Boat owner whose crew was arrested and his boat seized in September by KZN Wildlife Marine Conservation Officers. Denhe Tolken, of Port Edward was today sentenced to a fine of R30 000 as a result of a plea and sentence agreement before Magistrate Mrs Diza of Ramsgate R Court. He was found guilty of contravening the Marine Living Resources Act and pleaded to a charge of commercial fishing without a permit.
The arrests stem from an incident on the 24/09/2005 when Tolken's boat, “Tight Lines”beached at the Marlin Ski Boat Club and was inspected by local KZN Wildlife Officer Sam Ndlovu and his staff.
During the inspection a hidden hatch was found which contained more fish than the allowed bag limit. Other fish, suspected to be prohibited species, were found already filleted which is a further offence, as all fish have to be landed whole. They are in the process of undergoing DNA testing to determine their species.
The Skipper of the vessel and the crew were arrested and charged and the vessel was seized by KZN Wildlife and impounded at the SAPS Pound. Charges were today withdrawn against them in terms of the plea agreement.
South African Maritime Safety Authority officials inspected the vessel and confirmed that the hidden hatches cut into the vessel are illegal as they alter the flotation ability of the vessel, rendering it unseaworthy. It was made a condition of the plea agreement that the hatches are removed and the vessel is resubmitted for testing by SAMSA within 2 months of the date of the sentence.
KZN Wildlife Marine Prosecutions Officer Wayne Evans stated that the outcome is the fair result of a case that was competently and professionally handled by the SAPS and Court Prosecutors. He sent out a warning to recreational Ski Boat fishermen who sell their catch that this is the second such conviction in two months in the Province and that KZN Wildlife will not hesitate to seize vessels and arrest fishers who use secret hatches to hide fish.
Port Shepstone Organised Crime’s Insp. Koos Prinsloo was the Investigating Officer in the case.
………Dr.Bruce Jones. Environmental Officer.SADSAA.
2 FISHERMEN DEMANDS MINISTER’S RESIGNATION.
CAPETOWN TUESDAY Feb 21st 2006.
“Cosatu and members of the fishing industry is demanding the resignation of Mr.Marthinus van Schalkwyk, Minister of Environment Affairs and Tourism.
This follows on an urgent meeting held in Salt River on Sunday attended by some 120 representatives of the fishing community. Their claim relates to accusations of corruption and mismanagement of the Directorate Marine and Coastal Management in a document to be discussed by Nedlac on Thursday. Mr. Tony Ehrenreich, Provincial Secretary of Cosatu stated that they hold the Minster personally responsible for the state of affairs.
The Western Cape fishermen threatens to draft their own set of rules for the local fishing industry if there is no reaction to their claims.”…..Die Burger”
CAPE TOWN March 4th 2006.”Die Burger”.
Mr.Horst Kleinschmidt cannot be compensated with taxpayers money for his work as Vice Pres. of the International Whaling Comm. “I don’t mind working for free, but I feel that I am not being acknowledged or given the necessary support” he said. He felt that he could have made a contribution to the activities of the Commission and regretted the decision to resign from his post.
Mr.J.P.Louw, spokesman for Mr.Marthinus van Schalkwyk, said that it was an unfortunate situation. The Department was satisfied with Kleinschmidt serving another term of office but was not prepared to meet his request for compensation at R800 per hour.
“We are responsible for spending the taxpayers money wisely,” Louw said.
2.1 SADSAA EXCO MEETS WITH MARINE & COASTAL MANAGEMENT.
SADSAA Exco had an informal meeting with Dr.Colin Attwood in Gordons Bay during SADSAA’s last meeting. It was concluded that SADSAA’s house was fairly in order as far as Tournaments were concerned. The main headache would be to get rid of fish landed in Tournaments. Colin did not see much of a problem with the donation of fish to charitable organizations but he was sceptical with regards to the sale thereof. The situation lends itself to transgressions by Tournament organizers.Dr.Attwood was positive that a solution should be found. MCM is concerned that “bed filling” tournaments, such as the Stumpnose Tournament at Club Mykonos, the Breede River Kob Derby and the Galjoen festival at Stilbaai (all outside organised angling) and are at present investigating the situation. They are also involved in a countrywide survey of angling and Bonanza Tournaments in order to address the problem.
The meeting was constructive and took place in excellent spirit in terms of the recent arrangement made with the Minister of Environmental Affairs.
3 DEVELOPMENT PLAN PROPOSAL-SUBMITTED TO C.I.P.S.
Background
As part of a strategic plan in response to static or declining participation in fishing and boating in the United States, the International Association of Fish and Wildlife Agencies produced a Report styled” The Future of Fishing in the United States: Assesment of Needs to Increase Sport Fishing Participation.” This very well researched document formed the basis of the under mentioned Workbook.
The mission of the RBFF (American Recreational Boating and Fishing Foundation) is to increase participation in recreational and boating in a way that increases public awareness and appreciation for the need to protect, conserve and restore a nation’s aquatic natural resources
In 2000 RBFF commissioned eleven aquatic, environmental and outdoor education professionals to develop summaries of existing research and recommendations for development of best professional practices for boating, fishing and aquatic stewardship education. These professionals presented their findings to a group of 25 researchers and educators at a Workshop in Alexandria, Virginia on March 11-12th, 2001.The resulting document” Defining Best Practices in Boating, Fishing and Stewardship Education” is the foundation of the Workbook which I wish to introduce to the meeting.
As a result of these findings a series of background papers were produced with excellent summaries of research and model programs by some 13 experts under the title “Defining Best Practices in Boating, Fishing and Stewardship Education”(80pages)-July 2001. This very well researched scientific document, edited by Anthony J.Fedler,PhD-Human Dimensions Consulting-something we can only dream of in South Africa.
Two practical documents emanated from this:” A Best Practises Workbook”(180pages) and “A Trainer’s Guide”(53 pages). Neither of these documents will tell you WHAT totell you audience, but rather How to do it. It carries a strong message to get away from the “killing” aspect/image of fishing and concentrates more on aquatic stewardship (conservation of what is in the water). It is tools, which can be used to make our existing (or developing) programmes more effective.
(Much research was also done on the reasons why Mexicans, Black Americans, Hispanics etc. were not really interested in fishing. Chapters dealing on how they overcame this resistance and dealing with the physically impaired will be invaluable in overcoming many of our local problems)