Executive summary

Policies aimed at reversing the the alarming decline in West Coast rock lobster
(WCRL) (Janus Lalandii) stock have been somewhat successful but the future of
this controversial fishery remains uncertain. The Department of Environmental
Affairs (hereafter “the department”) is responsible for guaranteeing the
sustainable exploitation of this valuable commercial and environmental
resource. There is need for a level-headed and even-handed approach rooted in
rigorous scientific findings.

This paper has four primary objectives. Specifically focusing on the WCRL
fishery, this paper:
1. Highlights the concerns surrounding the WCRL fishery:
i. Demise of WCRL biomass, due to overfishing and
a) Increased WCRL strandings (“walkouts”) due to harmful algal
blooms and/or low-oxygen events
b) Decreased somatic growth rates
ii. Poaching
iii. Negative spill-over effects:
a) Southward shift in the spacial distribution of WCRL
b) Trophic influences
c) Harm caused to other biota and the environment
2. Reviews current policy in accord with the Marine Living Resources Act of
1998:
i. The Operational Management Procedure and calculating the TAC
ii. Minimum CL
iii. The ecosystem approach to fishery
iv. Closed seasons and closed areas
v. Gear restrictions
3. Examines future possible strategies open to Marine and Coastal
Management (MCM), with respect to the policy's triple pillars of
sustainability, equity and industry stability:
i. Transparency and education
ii. Monitoring, control and surveillance
iii. More rigorous scientific research
iv. Setting specific targets
4. Offers policy recommendations. based on the above analysis
i. Increase funding to improve policing and research
ii. Decrease TAC and remove fishing rights in the short-run
iii. Devise a responsive “action plan” to save lobsters during strandings
and decrease TAC in such areas
iv. Run an aggressive education campaign
v. Maintain satellite accounts and frequent updates of WCRL statistics

While the scientific community maintains that sustainability of this resource

should be the primary concern of all parties, we do appreciate the complicated
position in which the department finds itself, burdened as it is by the need to
balance
(a) the incompatible interests of disparate groups, and
(b)the achievement of non-reinforcing objectives.
Thus, great care has been taken to present recommendations that are
economically, politically, and socially feasible.

Introduction: a background and brief history

The WCRL habitat stretches from about 23⁰S in

Figure 1: Map depicting WCRL
fishery. Edited map from
Cockcroft & Payne (1999)
scale fishing companies, employing approximately 4000 people (ibid.), as well
as recreational fishermen and local communities that regard the WCRL as a
part of their cultural heritage.
Namibia to 28⁰E, near Danger Bay, South Africa
(Fig. 1) (Cockcroft & Payne 1999; Cockcroft &
Payne 1999). The resource's estimated value
stands at between R260m and R300m per
annum (Feike 2008). Unregulated commercial
exploitation commenced in the 19th century
until a minimum allowable carapace length (CL)
of 89mm was introduced in 1933 and a tail-
mass production quota in 1946. Nevertheless,
catches declined from the 1960s, most likely
due to overfishing and poor regulation on the
north-west coast (Cockcroft et al. 2008a). In
1970, the tail-mass production quota was
scrapped in favour of a whole lobster (landed
mass) quota. The fishery was divided into zones
(Fig. 2), a total allowable catch (TAC) was
prescribed in the early 1980's and the
minimum CL was reduced to 80mm in 1992.
The fishery is important for large and small-

Concerns surrounding the WCRL fishery

Demise of WCRL biomass

As Figure 3 illustrates, WCRL biomass has continued to fall since 1990,

although the rate of decline seems to have decreased. The population is
estimated to stand at approximately 8% of its pre-exploitation level (Leiman &
Harris 2009). These trends are reflected in the decline in WCRL catches (Fig. 4),
although levels appear to have remained stable since about 1992 (ibid.).

While overfishing, particularly in the first half of the 20th century, is largely to
blame (DEAT, MCM 2005), two additional factors are implicated:

(i) Increased WCRL strandings (“walkouts”) due to harmful algal blooms

and/or low-oxygen events

Strandings occur when lobsters retreat from low-oxygen, deep waters to

shallow waters and become lethargic and unable to escape ebb tides
(Cockcroft & Payne 1999). Such events are not historically unusual but they are
becoming both more frequent and severe (Cockcroft 2001). Clearly, this
negatively impacts WCRL biomass in the short run, although the long-run
 Figure 2: Map depicting WCRL fishery zones. Duplicated from
effects are unknown (ibid.). Cockcroft et al. (2008) maintain that the cause of
walkouts are well understood. There appears to be little that the department
can do to prevent such events but measures can be taken to rescue lobsters
before they become trapped and die (Shannon et al. 2006).

(ii) Decreased somatic growth rates

Since the late 1980's, somatic growth rates of WCRL have declined (Pollock et
al. 1997; Shannon et al. 1992). This has been implicated in the reduced
biomass (DEAT, MCM 2005). Low male growth rates are associated with below-
average brood sized (Melville-Smith et al. 1995). Scientists are uncertain as to
the cause but Pollock et al. (1997) offer two hypotheses: (1) The demise of the
WCRL's primary food source, the ribbed mussel A. ater, “which would
effectively force them to switch to alternative, less abundant and/or less
nutritious food sources” (ibid., p.292). What is particularly alarming is that
lobsters have reportedly shrunk in response to inadequate diets (Cockcroft &
Goosen 1995). (2) The effect of toxic algal blooms on the physiology of the
WCRL food source. A better understanding of the causes of this phenomenon
would allow scientists to construct a strategy to reverse it.

Poaching
The illegal harvesting of WCRL is well-known. Each year, the TAC is calculated
assuming 500 tons will be poached (Shannon et al. 2006a). The sustainability
of the WCRL is threatened by such illegal activities by licensed and unlicensed
fishermen.

Negative spill-over effects

 Figure 3: (A) Graph of opening biomass since 1990. (B) Graph of exploitable
biomass (stock with CL > 75mm). Author's own. Source: Leiman & Harris (2009)

Figure 4: WCRL catches (metric tons) 1950-2006. Duplicated from Leiman & Harris (2009)
 (i) Southward shift in the spacial distribution of WCRL

Recently, the WCRL distribution has been changing, becoming more

concentrated in the southern areas. The cause of this anomaly is unknown, but
it has been suggested that algal blooms and/or low-oxygen events (discussed
above) or fluctuations in fish stock are responsible (Shannon et al. 2006b;
Cockcroft et al. 2008b). TAC levels for particular zones might misrepresent
actual biomass if historical distributional patterns are used, which could lead to
their overexploitation. Other implications need to be explored.

(ii) Trophic influences

Trophic influences (interactions with sea urchins, abalone and octopus) have
been largely unexplored and the impact on WCRL population and other species
remain uncertain. The southern migration of the WCRL is causing a change in
the benthic community structure and encroachment on traditional territories of
other biota. The WCRL is putting additional pressure on abalone, which are
already under threat (Tarr et al. 1996) and which represent an extremely
valuable resource. There are great potential dangers to other members of the
benthic community, including octopus, which represents another valuable
industry (Shannon et al. 2006a).

(iii) Harm caused to other biota and the environment

According to Shannon et al. (ibid.) harm caused as a result of the WCRL fishery
can be divided into three categories: (1) trap and hoopnet damage to benthos,
(2) bycatch issues, and (3) entanglement of birds and cetaceans in haul lines.
These externalities need to be taken into account or the harm caused to the
environment will be underestimated.

A review of current policy measures

The Operational Management Procedure and TAC

An Operational Management Procedure (OPM) was implemented by the

department in 1997 and has since evolved. It dictates how the TAC is
calculated, using a complex formula that accepts as inputs catch-per-unit-effort
(CPUE), somatic growth rate, and recruitment, with each factor given a specific
weighting. The formula is dependent on the target biomass and TAC is revised
in accordance with the precautionary management approach (Garcia 2003).

As Figures 3 and 4 illustrate, the decline in WCRL biomass and landings have
stabilised. To what extent this can be attributed to the TAC alone is impossible
to tell but to the extent that fishermen are participially constrained by the TAC,
it appears to have been somewhat successful in that it has curbed the decline.
However, it has failed to reverse it. The TAC must be held at least partly
responsible for this, since it dictates the number of lobsters that can be legally
harvested and actual landings tend to follow the TAC (Fig 5). What complicates
this matter is that TAC levels are set by zone (Fig. 1) so a more detailed look at
specific areas need to be undertaken to examine the exact impacts of the TAC.
The TAC is allocated among individuals in the form of individual quotas. From
an economic point of view, this reduces the risk of a rush early in the season to
privately exploit as much of the TAC as possible, which is inefficient.

Figure 5: Actual landings compared to TAC set. Duplicated from Cockroft & Payne (1999)

Minimum CL

The minimum CL has been set at 75cm since 1993 (Johnston & Butterworth
2005). OLRAC (2010) recommended a reduction to 65mm, arguing that the
strict restriction led to genetic selection for slow growth and caused harm to
under-sized lobsters (that were presumably discarded before vessels returned
to shore). The current CL limit is seen as a compromise.

While one can again cannot quantify the impact that the minimum CL has had,
stable catch levels since 1992 suggest that the department has been doing
something right and it stands to reason that not allowing infant lobsters to be
harvested will ensure that some stock remains to breed next season. In
addition, the CL decease has not be associated with an increase in catches.
One can infer that smaller lobsters are not being harvested in addition to the
those with CL greater than 89mm but rather that there has been a substitution
effect. If the higher limit does genetically select for slower growth, then
relaxing this constraint is likely to play a part in stabilisation of the population.
In addition, decreasing the restriction will prevent harm experienced by smaller
lobsters.

The ecosystem approach to fishery

I have already alluded to the department's adoption of the EAF principle. This is
vital for the sustainability of all species that inhabit the ecosystem shared by
the WCRL. Following this approach when designing policy for other species
ensues that recommendations do not have negative spill-over effects on the
WCRL and vise-versa. The EAF is now accepted by scientists as mandatory
(Cochrane et al. 2004; Cochrane et al. 2009; Garcia 2003).

Closed seasons and closed areas

There are protected areas in which WCRL are protected from fishing. This
approach is intuitive (protect the populations at greatest risk) and this offers
potential. For instance, Mayfield et al. (2005) found that the WCRL population
in the Betty's Bay reserve does benefit from protection. However, they found
that other areas did not significantly harbour bigger and/or more lobsters than
non-protected areas. They conclude that these areas are poorly located. A
rigorous study of more appropriate areas would allow for greater impact.

I can find no empirical data for the effectiveness of closed seasons but
presumably they are useful to allow stock to recover and protect lobsters
during the mating season to encourage procreation and protect vulnerable
eggs. However, to the extent that closed seasons are used in an attempt to
reduce catches, one should be sceptical, as this incentivises fishermen to exert
more effort and take greater risks, thus making the situation worse.

Gear restrictions

To the extent that gear restrictions are imposed in an attempt to restrict

catches, they are not likely to be effective. People tend to find their way around
such restrictions by exerting more effort or upgrading gear that is not explicitly
prohibited. However, to the extent that these restrictions protect the
ecosystem, they are welcome. As mentioned above, the EAF implies that gear
used to harvest WCRL should not damage other parts of the ecosystem. Using
light hoopnets, for example, as opposed to heavier traps protects the benthos.

Examining future MCM strategies

Economic theory is clear that the optimal outcome would be achieved by
appointing a monopoly, given sole right to harvest WCRL in the area. This
alleviates the complications of private versus public good that characterise
such “tragedy of the commons” problems. It would be in the monopoly's
interest to maintain the resource at sustainable levels. However, the South
African government is clearly reluctant to take such a leap and it is thus not
politically feasible (BCLME Project LMR/SE/03/03 2006). This has resulted in the
need for the less efficient methods mentioned above. Future strategies could
improve current measures.

Transparency and education

The lack of acceptance by fishermen of MCM policy is one of the greatest

hurdles in successfully managing the fishery (Cockcroft & Payne 1999). People
should thus be kept updated regarding WCRL statistics and related activities.
Understanding the rationale behind the TAC and other policy measures, and
being made to realise that such measures are in place to ensure the continued
sustainability of the resource, will hopefully induce compliance. Education is
vital in this regard. Fishermen need to understand the impacts of restricted
gear and pollution on the ecosystem and how this subsequently affects their
livelihoods.

Monitoring, control and surveillance

Better policing in the waters, at port, and in related industry activities are of
utmost importance. Without effecting policing, “all other measures aiming to
ensure sustainable precautionary management of inshore resources may prove
futile." (Cockcroft & Payne 1999, p.598). The other measures rely on
monitoring, control and surveillance to ensure compliance. Records of WCRL
sales should be accompanied by extensive “paper trails” in order to trace
illegal transactions and the right to revoke licenses from poachers (provided in
the Marine Living Resources Act of 1998) should be strictly enforced (Shannon
et al. 2006a).

More and better scientific research

Payne and Bannister (2003) cite scientific uncertainties as one of the main
failures of Europe's fisheries management. It should be evident from the above
analysis that much is still unknown. For instance, the impacts of interaction
between species and the and cause of low WCRL somatic growth rates are not
well understood. The more informed we are about such things, the better we
can plan to mitigate potential hazards and reverse negative trends. A further
need for more rigorous and sensitive scientific research is underscored by the
finding that that certain tagging methods can lead to lower somatic growth
rates (OLRAC 2005). Such practices should be replaced by less harmful
alternatives.

Short-term replenishment initiatives

Strict short-term restrictions on WCRL fishing would be painful but research

suggests that it would be very effect. A five-year moratorium on fishing would
increase biomass by 167% (Leiman & Harris 2009) , leading to a decreased
CPUE, and increase the number of bigger lobsters (which fetch a higher price
per kg).

A complete ban on WCRL fishing would be very unpopular, given the

investments that companies have already made and the connection that local
communities feel they have with the resource. However, a “business-as-usual”
approach will not reverse the obvious decline in stock and modest reductions in
the TAC will stretch out the recovery period over many years.

Policy recommendations
Given the above analysis, I offer the following policy recommendations:

Increase funding to improve policing and research

Funding needs to be increased to improve monitoring, control and surveillance
and to enhance scientific efforts. At the moment, there is a levy on WCRL
fishermen that supplies a fund used to cover MCM expenditure in this regard.
This fund cannot sustainably be increased by increasing levies or taxation
(DEAT 2007). A levy based on the value of catches will lead to a highly volatile
account and one based on weight would not be financially viable for
companies. In addition, such increases in funding would crowd out National
Treasury funding, which contributes most of the fund's resources.

Thus, the Treasury should be petitioned to increase its MCM budget, given the
large commercial potential that the fishery represents if it can be effectively
regulated, researched and policed in the future. Satellite accounts would allow
a tangible value to be placed on the resource and this should incentivise the
Treasury to cooperate.

Decrease TAC and remove fishing rights in the short-run

Fishing rights should be gradually phased out over the next five years, with
priority given to companies that meet strict equity and employment criteria in
the spirit of the Marine Living Resources Act of 1998. All but very large
companies that meet the strict criteria should have their WCRL fishing rights
suspended after that period for the following seven years. Those that retain
their rights should do so with a reduced quota.

At the same time, recreational and very small-scale fishermen should be

allowed to continue harvesting WCRL, since they are the most difficult to
regulate and this is in keeping with the equity principle to which MCM is
committed.

This is a radical recommendation and would likely be very controversial. To

ease the transition, however, the following measures should be taken:

1. The department should seek loans and/or investment from private and/or
government entities for the expected future gains accruing to the
replenishment of the WCRL stocks

The satellite accounts proposed above could be used to predict commercial and
financial gains to the replenishment of the resource. Thus, loans could be taken
out using by using the expected value embodied in the resource as collateral.
Investments could be made by government or private entities. returns could be
linked to biomass recovery and the expected income that the MCM could
generate through taxes, levies, and licensing permits when they are again
granted. As an indication of the potential, if the WCRL fishery is currently worth
R260m (in terms of biomass alone), which is a modest estimate, a 100%
increase in the biomass (and thus 100% increase in the total value attirbutable
to biomass) will increase the value to R26b! Given that the five-year blanekt
moratorium is expected to increase biomass by 167% over five years, a 100%
increase over a seven-year period with a miinimal TAC appears realistic. More
rigorous and in-depth studies need to investigate this possibility.

A portion of the finances that the department raises from these efforts should
be used to ease fishermens' transitions to other activies, by providing training
and temporary support. In addition, a portion of the funds should be used to
strengthen policing and enhance scientific research, which would assist in thh
lobsters' speedy recovery and ensure that the department is prepared for when
the fishery is reopened for mass commercial exploitation.

2. The department should explore the possibility of hiring affected

commercial fishermen and purchasing commercial assets by the

Personnel required for policing, research and other relevant activities should be
recruited from affected fishermen that are unemployed as a result of these
measures. Ina ddition, equipment required, such as boats, motors, nets, and
technology should be purchased where possible from affected companies at
market price.

Devise a responsive “action plan” to save lobsters during strandings

and decrease TAC in such areas

A comprehensive plan should be designed and required personnel and

equipment on standby to rescue lobsters caught in strandings (Shannon et al.
2006a). In addition, TAC levels should accommodate such events and be
decreased where needed.

Run an aggressive education campaign

Commercial fishing companies and local community members should be

targeted with a campaign to highlight the rationale behind, and the importance
of, conservation efforts.

Maintain satellite accounts and frequent updates of WCRL statistics

All interested parties should be kept up-to-date with the latest statistics, such
as biomass and changes in the levels over time. This can be achieved through
websites, email, printed newsletters, flyers and posters. This information
should be widely available, easy to understand and transparent.

Satellite accounts should be maintained in the interest of transparency. Leiman

and Harris (2009) state that “satellite accounts give all interested parties
information on the extent of stock depletion, past and present fishing effort,
and the returns-to-effort reduction. They can also present the resource rents
generated from harvests and the value of the resource stock”. These accounts
should increase compliance and provide a current estimate of the value of the
resource.

Conclusion

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