I had to write a short article about Shark Spotters a while ago, for the quarterly magazine of the company I work for. It was fun to write within the constraints of quite a punitive word count, and to try and emphasise the aspects of the program that I think are poorly understood by the public. Here’s the article:
Shark Spotters developed into Cape Town’s primary shark safety strategy out of two similar, informal initiatives. At Muizenberg and Fish Hoek in 2004, surfers arranged with lifeguards, car guards and trek fishermen to warn them when sharks were sighted. Today, Shark Spotters is a NPO funded primarily by the City of Cape Town, Save Our Seas Foundation, and public donations. It operates year-round at four beaches and during summer at another four. These are beaches that have both many water users and relatively common shark sightings.
A team of 30 spotters equipped with binoculars, polarising sunglasses and all-weather gear watch from the mountainside, and when a shark is sighted they notify colleagues at the beach to sound a siren and raise the appropriate flag. The flags indicate the current or recent presence of a shark, that spotting conditions are poor, or that it is safe to swim.
The spotters, all drawn from local communities, are trained in safety, first aid and shark behaviour. A further 10 team members deploy and retrieve the shark exclusion net at Fish Hoek beach during summer. Unlike the gill nets protecting beaches in KwaZulu Natal, this net does not catch sharks. It provides a physical barrier between sharks and swimmers. It is designed to be retrieved at the end of the day, or, to prevent entanglement, when there are marine mammals nearby. The Fish Hoek shark exclusion net is unique worldwide as an environmentally friendly shark attack mitigation measure.
It is the combination of favourable topography and surface-swimming sharks that makes Shark Spotters’ work possible and effective. The land around many of Cape Town’s beaches slopes steeply towards the sea, providing raised vantage points from which to spot. The sharks which pose the primary danger to water users, because of their size and curious natures, are great white sharks. Fortunately these sharks spend much time swimming on the surface, and their distinctive swimming style is readily recognisable.
Shark Spotters also conducts research on sharks to improve safety measures and provide management and conservation recommendations. As a result, the movements of great white sharks in False Bay are well understood. Sharks visit the beaches year-round, but with a distinct seasonal pattern. During winter the sharks congregate at Seal Island to feed on juvenile seals. During summer, sharks head for the backline of Cape Town’s beaches – probably to feed on the fish species found in False Bay at this time, and to rest in the highly oxygenated water close to shore. This is when they pose the greatest risk to water users.
Why support Shark Spotters?
I love the fact that Shark Spotters combines care for people with concern for the environment. The program takes a scientific stance backed by research, and has attracted worldwide recognition. It also provides training and employment for 40 residents of some of Cape Town’s most impoverished communities. I sit on the non-executive committee as a representative of Cape Town’s scuba diving community, and it’s a privilege to work with fellow water users and ocean lovers, and hopefully to provide a benefit to the greater community through our small contribution.
(Of course, lately white shark movements in False Bay are slightly less well understood than they have been, probably thanks to a pair of orcas whose irregular visits to Seal Island and Millers Point to hunt white sharks and sevengills seem to clear out the neighbourhood a bit! Fear not, Shark Spotters’ research is aiming to understand these changes, too.)
Sunday: Boat dives from False Bay Yacht Club to Roman Rock
We are out on the boat tomorrow for a False Bay crossing – a swim – from that side of False Bay to this side. I won’t be swimming. It’s for a good cause and if you want to show support visit the Mad Swimmers facebook page. I don’t expect to be done much before nightfall so we will skip Saturday and launch on Sunday.
It’s been a while since dived the Northern Pinnacle at Roman Rock so that will be the first dive, and the second will be the ledge and channel slightly south of the pinnacle.
We hope you’ll use your time underwater to record some species and log them as soon as you’re on land again, but other very cool sounding events include rock pooling with ocean rockstars George and Margo Branch on Monday late afternoon (details here), and, if Monday is tricky, there’s a tidal pool bioblitz on Saturday afternoon that promises to be a lot of fun (details here).
If this is all Greek to you, check out last week’s newsletter for some links and more detailed background info.
After a successful Back a Buddy campaign, Shark Spotters launched their free shark safety smartphone app in the summer of 2016. The app has had excellent uptake by water users of all stripes, but I’d like to draw it to your attention in case you aren’t familiar with the ways in which it can make your beach life better and safer! Whether you’re a surfer, a diver, an ocean swimmer, a beach comber, or someone who looks forward to long summer days under an umbrella on the sand, the Shark Spotters app can make a difference to you.
The list of Shark Spotters beaches
Shark Spotters operate at eight beaches around the Cape Peninsula: four (Muizenberg, St James/Kalk Bay, Fish Hoek & Caves, Kogel Bay) year-round, and another four (Glencairn, Clovelly, Monwabisi and the Hoek, Noordhoek) from October to April, during the warmer months.
The app allows one to set a home beach – you can see from the image above that mine is Fish Hoek – and when you start the app, you’ll get information for your home beach immediately. Tapping on the home beach block at the top of the screen (where it says “Tap for more”) brings one to a series of screens that you can navigate through by swiping the bottom block on the screen.
Information on recent sightings at my home beach
Weather and sea conditions
Information on marine life activity
Information on beach facilities
Beach conditions video
Shark sightings history
The information provided is extensive. You can see information on the last three shark sightings at your home beach, the weather and sea conditions (temperature, wind direction, tides, moon phase, swell), and information on what marine life is in the area. This latter information is not a nice to have so you can look out for dolphins from shore, but an important indicator of the likelihood of a shark being in the area. Dolphins, rays and schools of fish can draw white sharks, while sunfish (and even seals) may be mistaken for a shark when viewed from a distance by an untrained observer.
There’s also information on what facilities are available at the beach, and a short video for each beach, usually taken each morning, showing the prevailing conditions.
All this information is available for all the Shark Spotters beaches, not just your home beach, and you can view a different beach by selecting it from the list that appears under your home beach on the home screen.
Digging into the app, you can find a detailed list of all the recorded shark sightings, and in the settings you can turn notifications of sightings on or off according to your preference. I have them switched on, because I like to be reminded of a world outside the office.
Shark Spotters app menu options
The further menu options, shown above, give you access to a large amount of data about the Shark Spotters program, the exclusion net at Fish Hoek beach, how the flag system works, great white sharks, and more. Most of the menu options also provide links to more detailed information online, if you want to know more.
Capetonians are familiar with the tea-coloured water that runs in our mountain streams. Most people know that the brown colour comes from tannins, leached naturally from the indigenous fynbos vegetation. Perhaps less well known is the reason for the brown water that is sometimes seen in the surf zone along Muizenberg beach, stretching all the way to Strandfontein, Monwabisi and beyond.
Tea-coloured water at Muizenberg
The most frequent explanations that are offered on social media are, of course, pollution, “raw sewage”, and the like. This is not the reason for the brown water, and it does not necessarily impact the water’s safety or healthfulness for humans to swim in.
Like False Bay’s famous colour fronts, the reason for the brown waves at Muizenberg beach turns out to have much to do with the topography of False Bay, particularly of the kilometres-long beach at its head (Muizenberg-Strandfontein-Macassar-Monwabisi), and something called a diatom.
View of Muizenberg showing patches of brown water
Diatoms
Diatoms are a type of phytoplankton (plant plankton or microalgae). They are single celled, usually symmetrically shaped organisms that multiply by dividing in half at a constant rate. Their cell walls are made of silica, SiO2. Chicken keepers and gardeners may be familiar with diatomaceous earth – this is made up of the fossilised shells of ancient diatoms.
Diatoms are what are called primary producers or autotrophs, meaning that they generate organic material from carbon dioxide and other inorganic nutrients (for example nitrates and phosphates), through the process of photosynthesis, which uses light as an energy source. Primary producers sit at the base of the food chain and all life relies on them, directly or indirectly. Everything else produces organic material from other organic material (such as diatoms).
I am telling you all about diatoms because the brown water at Muizenberg contains an accumulation of a diatom that you can call Anaulus australis Drebes et Schultz the first time you mention it, but usually just Anaulus australis, or Anaulus for short. There are several members of the genus Anaulus, but usually just one tends to be dominant at each beach where these accumulations occur, and Anaulus australis is the main species found along the South African coast.
Analaus are pillow-shaped diatoms. If you wanted to see what an individual Anaulus diatom looked like, you’d use a microscope, but when enough of them are in one place, they can be seen to change the colour of the water. There’s a picture of them under a microscope at the bottom of this webpage (they also occur in Brazil). They occur at beaches with particular topograhical characteristics, which explains why you haven’t seen them at Camps Bay, Kogel Bay, or Scarborough.
At hospitable beaches, the diatoms are always there, spending much of the time lying dormant in the sand behind the surf zone. A proportion of the diatom population is able to survive for relatively long periods (estimated to be more than two months) like this, in the dark on the seabed, not photosynthesising or dividing, until the correct meteorological conditions arise for an accumulation. But first – what sorts of beaches are hospitable to Anaulus?
a nutrient source close to the surf zone (often an unconfined aquifer overlaid by a dune field)
Muizenberg and Strandfontein beach tick all these boxes. The beach stretches from Surfers Corner all the way across the top of False Bay to Monwabisi, a distance of over 20 kilometres. It is a high energy beach, meaning that it is exposed to large waves and strong winds, and is not protected by any offshore features such as sandbars or headlands that might reduce the force of the waves. Rip currents do occur at the beach, and both these and the exceptionally wide surf zone – wider during south easterly winds in summer – can be observed from the mountainside on Boyes Drive. (A rip current is like a hidden river flowing out to sea from the beach. The Sydney Morning Herald has an excellent visual explainer of rip currents here.)
The head of False Bay where Muizenberg is situated is incredibly nutrient-rich, much of it thanks to urbanisation. The canalised Zandvlei estuary – the only vaguely functional one on False Bay’s coast – is situated a short distance down the beach, and supplies nitrates, phosphates and other nutrients to the surf zone. Many of these nutrients are technically pollutants, added to the river further upstream. The Cape Flats Waste Water Treatment plant at Strandfontein also discharges 200 million litres of treated water per day (under normal, non-drought circumstances) via a canal onto Strandfontein beach. This is essentially an artificial estuary for Zeekoevlei. This waste water has spent some time working its way through the settlement ponds at Strandfontein, but is nevertheless rich in ammonia and other nutrients, and Anaulus accumulations are a very common sight in the surf around this discharge point. The dunes that run along Baden Powell drive overlay a high water table, and groundwater seepage – specially during times of heavy rainfall – may also leach nutrients out of the ground and into the surf zone.
Meteorological conditions
The meteorological conditions required for an Anaulus accumulation involve strong wind and a large swell. These act together to create rough sea conditions, which stir up the dormant diatoms from the ocean floor. The diatoms adhere to air bubbles in the surf zone, staying suspended in the water column, which is when you would notice the water turning brown. Exposed to light, they awaken from their dormant state and start to photosynthesise, take up nutrients, divide and multiply. The presence of rip currents creates an onshore-offshore flow all along the beach. This forms a semi-closed ecosystem, and the diatoms are essentially trapped in gyres in the waves. Longshore currents that run parallel to the beach transport Anaulus cells out of the surf zone at one end, and bring fresh (sea)water in at the other end of the beach.
It may seem surprising that anything manages to accumulate in the waves of a beach, but the surf zone is actually quite retentive, meaning that things that end up there often tend to stay there. (Incidentally, this is why it’s a terrible idea to discharge the byproduct of reverse osmosis seawater desalination – a super-salty brine – into the surf zone. It must be discharged offshore so that it can disperse and mix with the surrounding water.)
Diatoms in the surf zone at Muizenberg
You’ll notice that, contrary to what you may have seen when large amounts of plankton are under discussion, I’ve been using the word “accumulation” instead of “bloom” to talk about Anaulus. This is deliberate, because of the constant presence and constant rate of division of the diatoms. When the water goes brown, it doesn’t mean that Anaulus is suddenly multiplying faster than usual. It means that it’s all been gathered together in patches, is exposed to light and therefore photosynthesising (at its usual steady rate), and is thus more visible than it was when it was lying on the ocean floor.
Anaulus at Muizenberg in November 2017
The human factor
You may also be thinking that everything I’ve said about the nutrients that Anaulus requires to survive and thrive points to the fact that humans – and pollution – are ultimately responsible for these brown-water plankton accumulations at Muizenberg. Well yes, in a way. But accumulations of Anaulus australis and related species have been observed and documented for well over 100 years at suitable beaches around the world, and are a natural phenomenon.
Yes, we are providing more nutrients to the False Bay diatom population than they would otherwise have received without human settlement in the greater Cape Town area, but these accumulations would likely occur regardless. They are certainly more intense now than they would have been in the past, but estuaries are nutrient-rich locations even when not surrounded by a large city. Furthermore, the water table is high on the Cape Flats, which would supply nutrients to the surf zone regardless of whether humans lived nearby.
Anaulus is in fact performing a vital and useful function by mopping up the excess nutrients that the city discharges in the ocean. The mass of diatoms – primary producers – also provides a food source to bivalves such as mussels, and other invertebrates. We can be grateful that the excess nutrients that urbanisation directs towards the ocean at the head of False Bay leads only to accumulations of harmless diatoms, rather than to frequent occurrences of harmful algal blooms that can kill marine life and exacerbate respiratory problems in humans.
Muizenberg during a diatom aggregation
Sources
Most of the original scientific study on surf zone diatoms in South Africa was done by a group of researchers (primarily M Talbot, Eileen Campbell and Guy Bate) from the University of Port Elizabeth, working at the Sundays River Beach in the Eastern Cape. I did quite a bit of reading to research this post, but you can start with this paper for a description of the topographical characteristics of beaches where surf zone diatoms accumulate. The first few chapters of this Masters thesis also provide a good overall survey of what is known about surf zone diatoms.
Putting knowledge into practice
Not every instance of brown, foamy water at the beach will be an Anaulus accumulation. On the west coast of South Africa, for example, there are no beaches where Anaulus occurs, but you may see brownish foam that is the result of heavy wave action frothing up organic matter in the surf (nothing sinister – there is a lot of organic material in the ocean). A clue to help you distinguish diatom accumulations from other brown-water phenomena – apart from running through the checklist of required beach characteristics above – is that an Anaulus accumulation doesn’t stretch much beyond the back of the surf zone. If the brown water stretches beyond the furthest row of waves, it’s probably something else. (And this seems like an apposite time to remind you that sewage looks whitish-grey, not brown, when it’s pumped out into the ocean.)
The number of beaches worldwide where surf zone diatom accumulations occur is so small – less than 100 – that Odebrecht et al could enumerate them in a 2013 paper. I hope this helps to convince you that the brown water at Muizenberg beach (and beyond) is something special and interesting, not to be feared. Go surfing!
Early in November I attended an information session at the Kalk Bay Community Centre, where the City of Cape Town announced that they will be trialling an environmentally friendly cleaning process on five of the 19 tidal pools on the 260 kilometres of Cape Town’s coastline managed by the City. This coast stretches from Silwerstroom on the West Coast to Kogel Bay on the eastern shores of False Bay.
St James tidal pool
The presentation was made by team members from the City’s Recreation and Parks department, which – among other things – is responsible for beaches, outdoor signage, ablutions, lifesaving, environmental education, and administration of Blue Flag status for the beaches and marinas that earn it. This department is also responsible for the tidal pools. (Incidentally the City’s assortment of safe seawater bathing facilities includes two of the largest tidal pools in the southern hemisphere, at Monwabisi and Strand.)
Until now, the City would use chlorine to clean the walls (top and sides) and steps in the tidal pools. The cleaning would be done after draining the pool completely. This year, a supply chain management issue meant that there was no cleaning of the tidal pools between July and November. During this time, regular swimmers (some of them members of the Sea-Change project) noticed that marine life flourished in the pools, and engaged with the City to try to find a way to keep the tidal pools safe but also to preserve the diversity of marine species that had been thriving in the pools during the cleaning hiatus. Safety, of course, is why they are cleaned: slippery, algae-covered steps are dangerous.
The tidal pool at Millers Point
It was agreed that five of the pools – St James, Dalebrook, Wooley’s Pool, and the two pools at Kalk Bay station – would be subject to a trial of a new, environmentally friendly cleaning regimen. These pools are relatively close together in the north western corner of False Bay. The aim is still to ensure that the tops of the pool’s walls and steps are not slippery, and thus safe for bathers. But a second aim has been added by the City, which is to ensure the environmental integrity of the pools.
Under the new cleaning protocol, the following will be done:
the pools will be drained only when necessary, and only as far as is required to reach areas that are covered by water and in need of cleaning (for example, the steps at Dalebrook)
animals in harm’s way will be relocated
excess kelp and sea urchins will be removed from the pools
the tops of the walls and steps will be scraped to remove algae (the sides of the walls used to be scraped too, but this will no longer take place)
environmentally friendly chemicals will be used to remove the algal residue after scraping – no more chlorine and no more whitewashing!
All of the above means that the pools will be ready for use by the public immediately after cleaning, in contrast to the old protocol, which renders the pool unusable for a period after the cleaning crew has chlorined it.
I’ve asked the City for more information about the drainage procedure, and for more information about the earth-friendly chemicals that the cleaning contractor will use, but with no response so far. (If I get one I’ll obviously update this post.)
Buffels Bay tidal pool inside the Cape Point section of Table Mountain National Park
Many of the City of Cape Town’s tidal pools fall within the Table Mountain National Park Marine Protected Area, and it therefore makes perfect sense to aim to protect the animals living in them while maintaining public safety. Dr Maya Pfaff, another speaker at the information session, even suggested that some of the animals that may now thrive in the pools may actually help to keep the water clean. Mussels and feather duster worms filter the water and improve the clarity, algae take up nutrients, and limpets clean algae off the rocks.
Particularly over the festive season, the beaches and tidal pools around Cape Town are extremely busy. This is a wonderful opportunity for thousands of beach-goers to experience both safe swimming and a little bit more of what the ocean has to offer, instead of a sterile, salt-water pool devoid of healthy marine life. Bringing a snorkel and mask with you when next you go swimming will be well rewarded. To see some pictures of the amazing animals – from nudibranchs to a cuttlefish with eggs – in the St James tidal pool, check out Lisa’s instagram profile.
Do you swim regularly in any of the five pools in which the new cleaning regimen is being tested? What do you think about it? If you think that environmentally gentle cleaning of tidal pools is a good idea, what about letting the city know that you appreciate having tidal pools that are both safe and biodiverse. A short message on the City of Cape Town facebook page to say thank you and keep up the good work (and a request to extend it to the other tidal pools) is a good place to start!
You can read a news article about the new cleaning protocol here.
Life’s a Beach: Your Round-The-Coast Guide To South African Beaches – Ann Gadd
Compliments of the season. If you’re contemplating which beach to head to for tomorrow’s traditional Boxing Day beach outing, a venerable South African institution, I have just the book for you. The product of a mammoth investment of time (which couldn’t have been all bad) and distance travelled, Life’s a Beach is a handy guide to (possibly, probably, almost) every single beach along South Africa’s coastline.
Life’s a Beach
Each pair of facing pages covers a stretch of coast, and beaches are rated for surfing, alongside information about swimming, kiteboarding, wake boarding, kayaking and canoeing, diving, fishing and hiking. The scuba diving information for the sites around the Cape Peninsula, with which I am familiar, is reasonable, but of necessity very abbreviated owing to the book’s format and primary focus. It goes without saying that you should seek out some local knowledge before diving in an area you haven’t visited before.
Unique experiences and best kept secrets (no longer – haha!) are highlighted, as well as the presence of braai and picnic facilities. Tips on where to go for sundowners are also included. Child friendly activities are mentioned where applicable, too.
Access tips, as well as warnings about rips, pollution, sharks (thank you Shark Spotters!) and whether a beach has Blue Flag status round off the comprehensive information that is provided in a handily concise manner. This book will be extremely useful when you’re visiting an unfamiliar stretch of South Africa’s coastline, and particularly invaluable when it’s a little known and less popular beach.
Get a copy of the book here, or here if you’re outside South Africa.
A recurring but seemingly never-resolved question that intrigues shark researchers and management entities is that of whether there exists a reliable, non-lethal shark repellent.
Such a shark repellent would solve all manner of management problems: organisations like Shark Spotters exist partly to navigate that tense, thin line between sharks killing people and people killing sharks.
Furthermore, there would be a significant financial payoff associated with a successful patent of such a product. (I do not mean to suggest that this is the primary motivation for doing this kind of research, but untested, untestable products like this cannot possibly be marketed with anything else in mind.)
Life-size model of a white shark
There are several ideas that have been either proposed, tested, or marketed. The SharkShield has been tested (not just by us), with mixed results. A shark repellent wetsuit has certainly been well publicised (there’s even a TED Talk), but, like medicines for pregnant women, I can’t see how it can be properly, ethically tested in order to state with some degree of certainty, in a statistical sense, that it works. The test described here has N=2, and there wasn’t a human in the suit.
I digress. Outside Online has an interesting article this month about the efforts by Eric Stroud, a pharmaceutical consultant, who – after much experimentation – settled on several compounds found in decaying shark flesh, which seem to work well as a repellent of about 30 species of mostly coastal sharks. The compound can also be synthesised, although the real thing, from a dead shark, apparently works better. Stroud’s financial backers travelled to Mossel Bay to visit Oceans Research, a multi-disciplinary research organisation with several shark scientists on its staff, to test the chemical on great white sharks. The article provides an overview of the history of shark repellent technology, and brings us up to date with this new chemical alternative. It’s early days…
Read the full article here. And remember, kids, that while the only thing that will keep you completely safe from a shark is not going into the sea at all, there are a bunch of simple, sensible things you can do to reduce your chances of meeting a man in a grey suit. Do them!
I’m back from an overly lengthy blogging hiatus (sorry) to resume a function that I’ve performed once or twice in the past. Fortunately I have had octopus on my mind and had already started posting again, and so we aren’t doing a standing start.
Humpback whale on the beach
I have read some legislation so you don’t have to, will try to tell you what it means, and – if necessary and possible – I will tell you how to object to it. Someone has to do it, and my mathematician’s brain actually quite likes trying to follow the logic of these documents. (Previous efforts along these lines include this one on seals, this one on new MPAs, and this one on the Tsitsikamma MPA.)
The new legislation this time is actually two documents that were published in the Government Gazette on 30 May. Before we get into these two most recent documents, however, it may be instructive to look back at the original act that they refer to.
National Environmental Management Act: Biodiversity
The act in question is the National Environmental Management Act: Biodiversity, number 10 of 2004 (pdf full text). We will call it NEMBA for short. This act is a framework which provides for the management and conservation of South Africa’s biodiversity, as well as the protection of species that require or deserve it, the fair apportionment of benefits that may arise from the country’s biological resources, and the establishment of SANBI.
The important sections of this act for us, right now, are sections 56 and 57. Section 56 empowers the Minister of Environmental Affairs to publish in the Government Gazette, from time to time (at least every five years or more often than that), a list of critically endangered, endangered, vulnerable, and protected species. A species may be protected but not endangered; a case in point is the Cape fur seal.
Section 56 of NEMBA
I am not knowledgeable enough to state confidently that the extract above is using a set of widely accepted definitions here. However, this list of definitions from (critically) endangered to vulnerable does look a lot like the IUCN categories for classifying species at risk of extinction.
The next section talks about activities involving species that fall into one of the categories defined in section 56. Provision is made here for the Minister to define activities that are “restricted”, and section 57 specifies that if an activity is restricted, a permit is required in order to perform it. The definition of restricted may vary from species to species (but I am getting ahead of myself).
Section 57 of NEMBA
Finally, section 97 of NEMBA, which is on page 40 of the PDF file I linked to above, empowers the Minister to make regulations dealing with a large number of matters, mostly permits, and threat-minimisation for threatened ecosystems.
Marine Threatened or Protected Species regulations
With that preamble, let us turn to the most recent regulations, which were made in terms of section 97 of NEMBA and pertain to threatened or protected marine species. They come in two parts. The first (pdf – all page numbers below refer to this file) is a set of regulations, mostly related to permits. This sounds very boring, but there are some interesting bits, and an important definition. Definition first:
Definition of harassment
This is a very important definition (from page 10-11) as it essentially determines what is legal and what is not in terms of the act, and one that I think is perfectly reasonable. You can still take photos of and dive with seals, turtles and most sharks. Whale sharks and basking sharks are not to be bothered up close, though.
Notice also that we now have a definition for harassment of dolphins; it has been my understanding (perhaps incorrect) that until now there has been a loophole in that there has been no legal prohibition on approaching dolphins in a boat, whereas boats must stay at a distance of 300 metres away from whales. I can think of other things I have seen boats doing with dolphins – such as corralling them by speeding in a circle at full throttle – that also seem like harassment to me, but don’t quite fit this definition. But I think this is a start. Also, no swimming with dolphins – for profit or not.
Swimming with dolphins
The regulations go on to state that their purpose relates to the permit system provided for in NEMBA, to registration and legislation of facilities like wildlife breeders and rehabilitators, and to the regulation of activities defined as “restricted”. The regulations also provide some further stipulations regarding boat-based whale and dolphin watching, and white shark cage diving. It is specifically stated that the regulations are to be applied in conjunction with CITES, international regulations which circumscribe international trade in wildlife (and in this way achieve protection for some species).
Page 17-18 defines restricted activities (in other words, activities which you either cannot do at all, or for which you need a permit).
Restricted activities
Page 18 further clarifies that a permit is required in order to carry out a restricted activity, and the regulations go on to define various types of permit in terms of their period of validity and other criteria.
Permits required for restricted activities
There is a lot more on permits, the risk assessments required before they can be issued, and criteria to consider in permit applications. (Does the applicant have a record of offences under NEMBA? Are there objections to issue of the permit? And so on.)
Page 38 mentions that in the case of a captive breeding or exhibition facility, no whales, dolphins, seals, sea birds, white sharks, basking sharks or whale sharks may be introduced from the wild. If I read this correctly, this puts paid to the restocking of dolphinariums with wild-caught animals. Also a start. If you are interested in this aspect of the regulations, I would encourage you to go through the document yourself.
There are some more good provisos aimed at the regulation of wildlife sanctuaries, but that isn’t my main area of interest here.
You may have picked up that some of the activities defined as restricted may be required actions in the event of a whale stranding, for example, or the entanglement of a seabird or turtle in fishing lines. What to do?
One must still act within the law when a stranding occurs
The regulations make specific provision for the cases in which one might need to handle, move, or even kill an animal listed as threatened or protected. Only those individuals or organisations which are in possession of a permit may perform any of these restricted activists; this largely precludes members of the public from assisting in any significant way at whale stranding, for example. I don’t think this is necessarily a bad thing.
Exceptional circumstances
Finally the regulations turn to white shark cage diving, and boat-based whale and dolphin watching. I am not sufficiently familiar with the existing regulations of these two industries to comment on what is different or new here, but it is interesting to read through the provisions for each. They seem well regulated. Free diving with white sharks is specifically forbidden. Additionally, as item (e) below states, even if an operator is in possession of a cage diving permit, this does not permit them to chum (“provision” or “attract” sharks) anywhere else.
Cage diving conditions
List of Threatened or Protected Marine Species
The second part of the Government Gazette publication on 30 May is a list of threatened and protected animals. This list mentions fish, whales, seabirds, turtles, and even hard corals. This document (pdf – page numbers below refer to this file) has a very particular tabular layout.
How the list of species works
Column 2 defines the restricted activities that are prohibited in terms of section 57 of NEMBA (see above). Column 3 provides the exceptions to that rule. [This column of the table mentions section 57(4) of NEMBA – you’ll see my extract above only goes up to (3). I suspect there’s an amendment to the act that I haven’t found that includes this item.]
There is very little variation in the list of restricted activities (column 2) across all the animals and birds; whales have the most interesting list of exempt activities (column 3), which is why we will look at them as an example. This table is from pages 138-139. Click to enlarge.
Whales (page 138-139)
Column 2 of the table above defines all the things you can’t do to whales – the “restricted activities”. Column 3 lists a whole lot of terrible-sounding things that can be performed under certain exceptional conditions, in the event of a whale stranding itself on the beach, for example.
This is a good time to practise using the definitions. Notice that column 3 allows “harassing [of the stranded whale] by any Departmental official.” This does not mean that someone from Environmental Affairs is allowed to go and prod a stranded whale with a stick, or throw sand at it. We are talking about harassment in terms of the legal definition above, and this may include “disturbing” the whale, or approaching closer than 300 metres on a boat, for example.
If you’re interested to go and look, the pages of the species list pertaining to seals and their relatives is on pages 141-144. There are no special provisions to worry responsible water users, and the definition of seal harassment as shown above (approaching a colony closer than 15 metres in a boat or 5 metres as a human) is I think entirely reasonable.
Finally, here’s an extract from the permit application form. I include this to show you that all the restricted activities for which permits are required are pretty extreme, and not things that your average recreational diver would reasonably want to do.
Restricted activities permit application form extract
This has been long, but I hope helpful. The regulations aren’t open to comment (I think I may have missed that earlier this year or last year… oops), they are final.
Energy and advocacy is best directed towards things that the diving community can have an impact on as a collective voice, and in ways that will have a chance of success. In other words, perform actions out in the real world, and align yourself with organisations that do real, scientifically informed conservation work.
I’m sure you all can think of other ideas, but I do have one suggestion regarding a species that isn’t listed here. The sevengill cowsharks that we see at Millers Point aren’t protected (they are “data deficient” on IUCN Red List). If you feel strongly about them, can I suggest as an easy first step, writing some letters (the letter in that link is out of date due to ministerial shufflings, and shark finning in South African waters is banned but this is poorly enforced – but you get the idea).
Once again here’s a link to the regulations, and here’s a link to the species list. Both are pdf files, hosted on this site in case the Government Gazette links above break one day.
Sunday and Monday: Boat dives (location to be decided)
Last weekend we did some boating in Table Bay as a support boat for the Robben Island to Big Bay Freedom Swim. The remnants of the swell on Thursday and Friday was enough to give the swimmers a sizeable challenge with strong currents, choppy surface conditions and very cold patches of water.
Colin swimming across Table Bay
The swell climbed from under 2 metres to a little over 5 metres this morning. This means diving tomorrow is pretty much out, as is diving on Saturday (thanks also to the Two Oceans Marathon). The swell drops off during the day on Saturday so both Sunday and Monday should deliver some reasonable diving conditions.
It is difficult to say whether Hout Bay or False Bay would be better on Sunday and Monday, but I will make that decision late on Saturday afternoon. I have Open Water and Advanced Open Water students so one day is likely to include a deep dive to more than 18 metres.
If you are keen to dive on Sunday or Monday, let me know and I’ll schedule you in!
