Responsible diving during a drought part 1: Your dive gear

It is no secret that Cape Town is a little low on water. The coastal dive industry, even though we spend a lot of time in the ocean, is actually quite a heavy user of fresh water. Everything thing you learn about taking care of your equipment revolves around the phrase “rinse well with clean water.” Clearly this is not an option in Cape Town at the moment

Dive gear in the driveway
Dive gear in the driveway

So how do you maintain your dive gear and keep it in safe condition during such circumstances? For a dive centre or training facility the volume of gear that needs cleaning can be overwhelming at the end of the day. Here are a few suggestions on how to manage.

No matter how well you de-kit after a shore dive, wet dive gear tends to collect sand. (You can minimise this by using something like the Wetsac, but this isn’t always an option with my students.) I take the gear back into the ocean and rinse it as well as I can in the shallows. This involves several trips as wet dive gear is heavy.

Wetsuits are rugged and don’t too much mind being left salty. They do end up being a little crispy after a while, but the most important, non-negotiable aspect is hygiene. I take a spray bottle with a mixture of Savlon or Dettol and spray the inside of the salty wet suit, then let it dry. Gloves, booties, hoodies and rash vests get the same treatment.

Regulators get a similar treatment, without the disinfectant. I give them an overall light spray with warm water in a spray bottle, with a good spray into the mouth piece. The inflator hose nipple also needs to be rinsed well as this does not handle salt build-up too well and could get stuck during a dive (at best, annoying… at worst, life-threatening).

Cameras, dive computers, torches and compasses do need a little more care, but fortunately are relatively small and have lesser water requirements. I use a narrow, tall bucket and put the bucket in the shower. While showering you can easily catch enough water to cover these items…. Seldom more than a litre is required, and you can leave them to soak.

The biggest challenge is a BCD. Again, it is a tough and rugged piece of gear, but the inflator mechanism does not like salt build up. Using the same bucket of water used for the camera and dive computers, I soak the inflators overnight. I then connect an airline and inflate and deflate the BCD to help flush out the valves behind the inflate/deflate buttons.

Whilst such basic, minimalistic care for your dive gear is not as thorough as that recommended by the manufacturer, it is a method of extending the use of your gear when the availability of fresh water is close to zero. As a rule I prefer to only have two students per class and can effectively wash three sets of gear in less than three litres of water.

It goes without saying that as soon as it rains, you should be collecting that water to give your gear the long, luxurious soak it deserves (and probably needs by that stage)!

What causes the brown water at Muizenberg beach?

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
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
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?

Brown water in the surf zone at Muizenberg
Brown water in the surf zone at Muizenberg

Topographical conditions

There are five physical features of coasts that are prone to diatom accumulations. They are:

  1. a high-energy sandy – not rocky – shore
  2. a long beach, more than 4 kilometres in extent
  3. the presence of rip currents
  4. a surf zone at least 150 metres wide
  5. 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
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
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
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!

Newsletter: Up to all of us

Hi divers

Weekend dive plans

Sunday: Shore dives at Long Beach

The wind, strong as it has been, has not been from the right direction to create favourable diving conditions. The Atlantic needs good solid south easterly winds and there has not been enough of that yet. Tomorrow and Saturday are forecast to offer up wind from the right direction, but a 3.5 metre southerly swell will make for bumpy conditions even if the water cleans up.

This leaves us with False Bay. The swell direction is not one that is kind to False Bay so I think I will skip boat launches and plan shore dives at sheltered Long Beach on Sunday.

I will also be shore diving with students on Monday and Tuesday. Fun divers are welcome to join us as long as you’re happy to let me focus on my students. If you’re keen to get wet, let me know.

Hobie cat at Fish Hoek beach
Hobie cat at Fish Hoek beach

Water

I trust that all of you are doing your very very best to save water and that you are thinking about and making plans for Day Zero, which seems more likely than not by this point. The WWF has started a helpful weekly publication to assist everyone through this period – read the first one here (pdf).

regards

Tony Lindeque
076 817 1099
www.learntodivetoday.co.za
www.learntodivetoday.co.za/blog/

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Newsletter: Happy Blue Year

Hi divers

Weekend dive plans

Saturday: Launching from False Bay Yacht Club at 8am for a Smitswinkel Bay wreck / at 10.30 am for cowsharks

African penguin at Boulders
African penguin at Boulders

I’m launching early on Saturday for a student dive to one of the Smitswinkel Bay wrecks, and at 10.30 am for (most likely) cowsharks. They’ve been spotted by a couple of reliable witnesses this week!

The boat is already almost full, but if you’d like a spot let me know as soon as possible. We may also be able to go out on Sunday – let me know if you’d like to dive.

regards

Tony Lindeque
076 817 1099
www.learntodivetoday.co.za
www.learntodivetoday.co.za/blog/

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Bookshelf: Life’s a Beach

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
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.

And if you’re going to the beach in Cape Town tomorrow, make sure you’ve downloaded the free Shark Spotters smartphone app. Get it here for your iPhone, and here for Android.

Newsletter: More purple crayons

Hi divers

Weekend dive plans

No diving

View from Boulders Beach
View from Boulders Beach

There is little doubt in my mind that diving this weekend will be for the hardcore only. Both Saturday and Sunday will feature howling south easterly winds which will make for rough surface conditions. The forecast seems to imply wind strength capable of affecting both sides of the mountain so there will be very few places to hide.

But wait, there’s more

There are some windless days coming up next week. If you’re a lucky one available for weekday diving next week, let me know your availability and I’ll keep you in the loop regarding plans.

regards

Tony Lindeque
076 817 1099
www.learntodivetoday.co.za
www.learntodivetoday.co.za/blog/

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Newsletter: On the rocks

Hi divers

Weekend dive plans

Saturday: Shore dives at Long Beach at 9.30 am / Diversnight at the jetty in Simons Town at 7.30 pm

Sunday: Boat dives from the jetty in Simons Town at 9.30 am

False Bay is rather pleasant at the moment and Saturday looks to be an ideal day for student dives at Long Beach. We will start at 9.30 am. Sunday has some south easterly wind but I doubt it will be enough to spoil the conditions, so we will launch at 9.30 am from the jetty in Simons Town.  Let me know if you want to dive.

CV24, one of the yachts participating in the Clipper Race, aground at Olifantsbos
CV24 (team Greenings), one of the yachts participating in the Clipper Race, aground at Olifantsbos

Diversnight

Diversnight is this Saturday evening. It’s a night dive, free of charge (unless you need gear), and we are diving at the jetty in Simons Town. We’ll meet at 7.30 pm and get into the water at about 8.00 pm, as the aim is for divers around the world to be underwater at 20:17 (get it?). This year, so far, there are 135 dive sites registered, in 22 countries. Clare might even bake something for when we get out of the water. Join us!

regards

Tony Lindeque
076 817 1099
www.learntodivetoday.co.za
www.learntodivetoday.co.za/blog/

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Cape Town’s visible shipwrecks: Update on the Commodore II

Until recently, the last time I specifically went looking for the wreck of the Commodore II was in December last year, when I went to Milnerton lagoon beach to show visiting family the beautiful view of Table Mountain. At that time tides and waves had moved the wreck further away from the lagoon mouth, and she was lying on the sand at a spot that would be partially submerged at high tide.

There has been some community discussion about the future of the wreck since late last year, but nothing changed until winter arrived.

Commodore II in December 2016
Commodore II in December 2016

Next time I went to look for the wreck, just after the Cape storm of 7 June this year, I couldn’t find it. A waiter at the Wang Thai restaurant on the beach told me he’d seen it all the way up at the old Wood Bridge at Woodbridge Island, and that people were removing pieces of the wreck and carrying them away. The storm surge had actually lodged the wreck partially under the old Wood Bridge (a sensitive National Monument constructed in 1901), and there was the potential for it to cause damage. There’s a picture of the wreck in this position on page 28 of this document (pdf).

Commodore II, secure for now
Commodore II, secure for now

A few weeks ago Gerhard Beukes, a Milnerton resident, messaged me to say that he had secured the wreck about half way down the lagoon. It had been winched free of the Wood Bridge by Koos Retief, Area Biodiversity Manager at Table Bay Nature Reserve, and had floated back down the lagoon to settle on a sandbank near Gerhard’s home.

Gerhard estimates that the wreck weighs about 25 tons, and with considerable personal effort and some financial outlay he has attached it to the lagoon bank, resting on the sandy bottom in shallow water, with chains and heavy lifting straps. The chain is secured to bolts attached to metal pipes sunk deep into the bank.

The Commodore II in Milnerton
The Commodore II in Milnerton

The arrangement will prevent the wreck from washing around inside the lagoon and potentially injuring kayakers and other water users. It will also prevent it from washing out into Table Bay and becoming a semi-submerged shipping hazard, potentially lethal to vessels (something like the Seli 1 is when her buoy goes missing).

View towards Woodbridge Island
View towards Woodbridge Island

It’s also quite visible: if you walk or drive down Esplanade Street in Milnerton with Lagoon Beach behind you, you’ll come across the remains of the Commodore II next to the bank of the lagoon on your left. The wreck is over 60 years old, which means that under South African law it is protected and removing pieces of it is an offence. I hope that having many local residents’ eyes on the wreck will ensure it some measure of safety, even in the absence of any enforcement of the relevant laws.

How can you help?

To make sure the wreck does not come loose next time a large volume of water washes down the river and into the lagoon after heavy rains, it needs some further reinforcing in its current location. This could be done with a further 5 metre length of heavy duty chain, or (preferably) two loading slings, 25mm steel cable with rings or eyes on both ends. The harness needs to be capable of holding 25 tons of wood in place even under strain, and are necessary to completely stabilise the wreck.

If you have such items lying around unused at home, or are sufficiently moved and interested by the wonderful history of the Commodore II to make a donation, please comment on this post or use the contact form here, and I’ll connect you with Gerhard, the current guardian of the Commodore II.

Are you interested in shipwrecks that you can visit without going underwater? Read more about Cape Town’s visible shipwrecks here.

Newsletter: Keeping current

Hi divers

Weekend dive plans

No diving

We dived Long Beach today in surge, strong current and lousy visibility. It is full moon and we have had some swell but I was hoping it would be ok – it wasn’t.

Weekend conditions do not look ideal for recreational (fun!) diving. Better luck next week I hope.

Rock lobster munching a sea jelly
Rock lobster munching a sea jelly

Date to diarise

There’s a talk on South Africa’s inshore marine resources, with special reference to West Coast rock lobster stocks, happening on Wednesday 18 October under the auspices of Kommetjie Environmental Awareness Group. It starts at 7.30pm at Kommetjie Christian Church. There’s a blurb with more info here. It should be an extremely interesting event, and I’d particularly encourage you to attend if you are a keen crayfisher in season…

regards

Tony Lindeque
076 817 1099
www.learntodivetoday.co.za
www.learntodivetoday.co.za/blog/

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New regulations about threatened and protected marine species

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
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
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
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
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
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
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
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
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
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
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
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)
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
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.