There is a week of strong north westerly wind planned for us… Added to this is a fair amount of swell. As a rule wind from this direction will turn False Bay in to a viz wonderland. Once the swell fades, of course! I have no dives planned for this weekend, but I expect conditions next week to be very good.
Octopus fishermen strike again
UNBELIEVABLY, the octopus fishery in False Bay caught and killed another whale this week. If you haven’t signed the petition yet, please do.
Please also send an email to our new minster of Environment, Forestry and Fisheries, Minister Barbara Creecy. She has solicited suggestions for environmental policies that will shape the future of South Africa to the email address DEAMedia@environment.gov.za, and I reckon this is a good place to start.
I suggest letting your ward councillors know that this is unacceptable, even more so in a marine protected area, and that you are behind the City’s call to the government to put a stop to the whaling.
You could also send a letter to Herman Oosthuizen, South Africa’s representative (“commissioner“) on the International Whaling Commission. Dig around here for his contact details (a postal address), or try the email address listed on this paper – click on Author Information just under the list of authors’ names. It goes without saying that you need to be polite, reasonable and respectful when you contact people, no matter how emotional this issue makes you.
Abalone poaching – read all about it
Kimon de Greef, author of the outstanding book Poacher along with Shuhood Abader (the pen name of a former perlemoen poacher), will be discussing the subject next Thursday evening, 4 July, at Kalk Bay books. It’s bound to be a very popular event and rsvp is essential. Details here. (We’re reviewing the book on the blog on Monday.)
We are in a week long period of practically windless days, not quite winter temperatures and not too much of the dreaded, huge winter swells. You could choose to dive on any of the three days this weekend, or all of them, and I have picked Monday. We will launch from Simons Town at 9.30am and 12.00pm for Atlantis and Photographer’s Reef. Let me know if you’re keen to get out on (and in) False Bay.
Whale entanglement
It’s been a horrible week. A beautiful Brydes whale became entangled in the ropes of the experimental octopus fishery in False Bay, and drowned. Read about it here (there are some disturbing photos, so take care). In response, there’s a petition to end octopus fishing in False Bay – please sign it.
Can I also encourage you to amplify this issue outside of your usual social networks, who are probably ocean-loving people or friends of ocean lovers, and know about this already. Write an email or call the Department of Environmental Affairs, contact the provincial government, talk to your elected representatives, write to the newspaper. There are some other contact details to be found in one of the links we provided in this newsletter from 2014 that may or may not be useful – sadly this is not a new issue at all.
Beach cleanups
There’s a beach clean up in Cape Town practically every weekend, and it’s fantastic. To find out when they are, follow The Beach Co-Op (facebook / website), and Cape Town Beach Cleanup (facebook / website) to start with. Luckily South Africans are used to doing things themselves, and while the amount of trash recovered is eye-watering, it’s wonderful to see how many people are getting involved with looking after their environment.
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.
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.
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).
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:
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.
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).
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.
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?
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.
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.
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.
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.
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.
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.
If you haven’t read it yet, this article from the Daily Maverick illuminates some aspects of the until-now impenetrable octopus fishery in False Bay, while we’re on the subject of octopus. The permit-holder has been on a temporary permit for over 15 years, as the Department of Agriculture, Forestry and Fisheries has been rolled over the five year permit three times so far.
Whales appear to be the by-catch of this fishery – an issue that I don’t think is addressed sufficiently in the article. There is a potential human cost here, too, as the teams that disentangle whales do so at considerable risk to their own lives, and without compensation. The intelligence of octopus is not controversial, and it is interesting to examine the ethics of the fishing method specifically as it relates to this.
The days are getting longer and the daytime temperatures are slowly creeping upwards… Well, on some days. Saturday looks like a better bet for False Bay with Hout Bay being an option on Sunday. The water colour off Dungeons has improved slightly today.
Tomorrow I am shore diving students at Long Beach at 10.00 am. On Saturday we will do an early False Bay double tank dive at 7.00 am. Let me know if you’d like to get wet.
As part of First Thursdays, you can attend the opening of the Birdlife Oceans of Life photographic exhibition at the South African Museum on the evening of Thursday 6 October. There’s information here (facebook) – this year’s exhibition includes a retrospective of the last few years’ best images.
Diversnight is on Saturday 7 November, so start charging your torches!
It’s not uncommon to come across marine wildlife – seabirds, seals, turtles – apparently in distress. This is not always the case, so before you mount a complex and dangerous rescue mission, or try to provide help where none is needed, it may be wise to get an expert on the telephone to help you determine whether it really is necessary. Fortunately there is a range of 24-hour wildlife hotlines to choose from, depending on what species you are dealing with.
Seals
Seals with plastic or fishing line around their necks should be reported to the Two Oceans Aquarium (if the seal was spotted around Cape Town harbour or the Waterfront), or, more generally to the SPCA Wildlife Unit on +27 (0) 21 700 4158/4159, or +27 (0) 83 326 1604 after hours and on weekends. Unfortunately the odds are your seal is probably not going to get the help it needs if it isn’t in the port of Cape Town or at the Waterfront; this doesn’t mean you shouldn’t do your darndest to advocate on its behalf.
You can help to deal with this problem at its source by retrieving any loops of plastic that you see floating in the water when you’re on a boat. Hout Bay harbour is a particular cesspit of plastic pollution, and with a nearby seal colony it’s a recipe for disaster. Cutting through any closed loops on plastic items (such as beer can holders) that you recycle or dispose of yourself also ensures that should the plastic end up in the wild, it won’t entangle an animal.
Seals found lying on the beach are usually not in trouble. Juvenile seals may rest for long periods – a couple of days at a time – on shore, and the most important thing to do is not to disturb them. They don’t need to be kept wet, they don’t need to be fed, and they can inflict a nasty bite. Encourage other members of the public to give the animal a wide berth, particularly if they have dogs. Lead by example. If the animal appears visibly unwell (fitting, for example) or is bleeding, then call the SPCA Wildlife Unit for a chat about what course of action is best.
Seabirds
Seabirds are most often found entangled in fishing line or plastic, pierced by fishing hooks, or, in the event of an oil spill, with oiled feathers. It is important to get help if possible, particularly for oiled birds.
SANCCOB has a 24 hour rescue centre which can be reached on +27 (0)21 557 6155 or +27 (0) 78 638 3731 (after hours & weekends). Their website provides the following advice to would-be seabird rescuers:
What to do when you have found an injured/sick/oiled seabird:
If you are unable to handle the seabird, SANCCOB will send out a unit to collect the bird.
If you approach any seabird, please approach with care. Some seabirds such as Cape Gannets and African Penguins have sharp beaks.
Have with you a towel, or blanket and wear protection over your hands and eyes. Use a towel/blanket to throw over the bird to catch it, ensuring that the bird is able to breathe.
If you have a large box ensure that there are holes for air before you place the injured/sick marine bird.
During the autumn and winter months, juvenile and sub-adult sea turtles sometimes strand on Western Cape beaches. These animals are often shocked by the cold and in poor shape – they do not typically occur in Cape waters but are washed down in eddies of the Agulhas current.
Do not put the turtle back in the sea or into water. It is probably weak, dehydrated and hypothermic, and is likely to drown. Keep it dry, and call the Two Oceans Aquarium for further instructions and assistance. The aquarium rehabilitates and releases the turtles in warmer water when they are healthy.
The City of Cape Town would like ocean users to report whale carcasses before they end up on the beach. This is mostly for public safety and resource allocation purposes, but if we can do anything to keep a whale carcass out at sea (or on a secluded non-swimming beach), it serves a conservation purpose as well. There’s a phone number you can use to do this – read more here.
If you come across a current or imminent live whale or dolphin stranding, contact the NSRI on +27 (0) 21 449 3500 immediately. They will activate the relevant authorities. Try to bear in mind that these events often do not end well for the animals concerned, as they are often sick or disoriented and impossible to assist. Be a help, not a hindrance, and obey whatever instructions you are given by the NSRI, SanParks, or whoever comes to take charge.
A free-swimming but entangled whale should be immediately reported to the NSRI as well – they will activate the South African Whale Disentanglement Network. Do not attempt to assist the whale yourself – this could be fatal for you (not the whale) – rather make a note of the direction it is swimming, and its precise location, and whatever other helpful information you can provide. Whale entanglements seem to be increasing in frequency around False Bay in particular, as more experimental fisheries are approved. (If this worries you, you could write a letter to DAFF about it.)
After foraging on the sea shore for edible seaweeds and mussels under the guidance of Roushanna and Gael from Good Hope Gardens, we returned to Gael’s house in Scarborough to prepare a meal with our finds. The group divided into four, and we worked together to prepare the food using recipes provided by Roushanna.
Sushi rice mixed with finely chopped sea lettuce (Ulva spp) formed the base of vegetarian sushi rolls, which were decorated with kelp, tongue weed, radishes, avocado, mayonnaise, and a secret sauce (recipe for the rolls here). Sea lettuce was also the seaweed of choice for a couscous and rocket salad, decorated with hibiscus flowers and miniature tomatoes (recipe for the salad here).
I worked on the coleslaw, made from finely sliced red cabbage, carrots, and hanging wrack (Brassicophycus brassicaeformis) – a seaweed I found so tasty and crunchy I could have sat right there in a rock pool and eaten it directly off the rocks. The mussels were picked over, scrubbed, and prepared with white wine, cream, onion, and garlic. Crusty ciabatta soaked up the sauce. Once we were done, it looked as though we had enough mussel shells for our own personal shell midden!
Roushanna prepared nori (purple laver, Porphyra capensis) crips for us (like kale chips, but with a crispier texture and more flavour), and chocolate nori ice cream for dessert. We supplied our own drinks. During breaks in the lunch preparation some of the group enjoyed a face (and hand) mask made from seaweed ingredients. Others of Roushanna’s recipes you can explore for yourself are for sea biscuits (scones made with sea lettuce), fruity vegan jelly, and kelp and avo salad.
Lunch was a collaboration, and a tasty culinary adventure. I found it marvelous to discover what is available on the sea shore, and to get a small hint of how our strandloper ancestors foraged on the Cape Peninsula.
(Puzzled what this is all about? Read my first post about coastal foraging here.)
A chance conversation with a friend who also volunteers at the Two Oceans Aquarium led to me enrolling in a coastal foraging course with Roushanna and Gael Gray from Good Hope Gardens, the nursery between Scarborough and Cape Point. Their coastal foraging courses are run during the summer months (I went in December), on dates close to spring tide, so that the maximum possible area of shoreline is available to forage on. The course takes the form of a rock pool expedition on Scarborough beach, followed by lunch – prepared by the participants – at Gael’s beach cottage.
As I get older I am finding it increasingly difficult to suppress a wildly eccentric streak that frequently finds me – consciously or unconsciously – making small preparations for some kind of apocalypse (zombie or otherwise). This might be related to living on the South African roller coaster for too long, but whatever the origin of this latent anxiety, it has served to make our home life more sustainable and – little bit by little bit – more independent of the electricity grid, the municipal water system, and grocery stores. The idea of coastal foraging dovetails nicely with my desire to learn how to live a little bit more off the land than off the shelves at Woolworths!
It is important to respect some simple rules to ensure that your foraging is sustainable, safe, kind to the environment, and legal. Each of us had purchased a mollusk permit allowing us to harvest mussels, obtainable from the post office (available for R94 using the same form as the scuba diving in marine protected areas permit), and these were inspected by fisheries officials quite early on in our forage. You don’t need a permit to harvest seaweed (however if you wanted to do it on an industrial scale you might need to go through official channels).
There are three types of mussels found on South Africa shores: the ribbed mussel and black mussel are indigenous, and the Mediterranean mussel is introduced. Unfortunately Mediterranean mussels out-compete the indigenous varieties, and we only saw one or two black mussels while we were out. The mussels we harvested were the Mediterranean variety, distinguishable from black mussels by the thick, flat edge to their shells. Black mussels have pointy edges all around their shells, making them more streamlined.
There is only one type of seaweed growing along our coast that is harmful to eat (acid weed – Desmarestia firma, which has sulphuric acid in its fronds). This brown algae species does not grow on the rocky shore but only further out in the surf zone. This gives rise to the simple rule of only harvesting seaweed that is growing on the rocks, and never collecting seaweed that is floating free.
When harvesting seaweed, we used a pair of scissors to avoid pulling the entire plant off the rocks, and cut no more than a third of the leaves. Seaweed is full of vitamins and minerals, particularly iodine and potassium. It isn’t something you’d make a whole meal of, but it is a healthful addition to many dishes and – once you know how to prepare it – tastes pretty good!
You can read more about the Good Hope Gardens coastal foraging experience here and here. Watch this space for more about what we prepared with our seaweed spoils…
Earlier this week I had the great privilege of attending the 3rd Southern African Shark and Ray Symposium, which was held from 7-9 September at the Blue Horizon Estate above Simon’s Town. I am not a shark scientist (these days I am probably best described as a lapsed mathematician) but have an interest in the subject so I went to listen. If I had to provide some bite-sized takeaways from the first day of the symposium, it would be these:
Shark mitigation – avoiding negative interactions between humans and sharks – is HARD and a lot of smart people are working on the problem.
The City of Cape Town is a world leader in shark mitigation efforts, along with Shark Spotters. They really think about the problem, and care about both people and sharks.
If you are not blessed with high coastal terrain and surface-swimming sharks, other shark mitigation measures are in the pipeline… From orca-patterned surfboards (and wetsuits?) to large-scale electrical repellent cables.
The KZN Sharks Board catches a lot of sharks, rays and other animals in their gill nets and drum lines, and this is upsetting and far from ideal. But they facilitate an incredible amount of scientific study, too – their catches do not go to waste.
The KZN Sharks Board is committed to finding measures other than gillnets and drumlines to keep bathers safe, and they are actively working on the problem (refer to the electrical shark repellent cable I mentioned above).
Sometimes scientific research doesn’t look the way you expect or imagine. Ruth Leeney of Protect Africa’s Sawfishes spent months on the ground interviewing Mozambican villagers in the far north of the country to assess the population status of sawfish in Mozambique. She collected data that no one else could have obtained by other means!
Smaller, less charismatic sharks, like catsharks, need more love. There are also whole families of sharks that divers don’t see (such as dogfish) and hence aren’t really aware of. They are caught prolifically as bycatch and not much is known about them. But some smart people are working on this!
There are motivated, talented scientists working hard in South African government departments to protect our marine resources and making recommendations to manage them sustainably. (There’s also many a slip ‘twixt cup and lip, but they are trying very hard.)
Technology – be it cameras, software, or tags – is enabling great leaps in our understanding of what’s out there, which will enable us to protect and conserve things better.
Ocean acidification as a result of climate change could affect sharks directly, by actually wearing away their denticles (tooth-like structures on their skin). Denticles protect sharks and help them to swim faster.
I was tweeting from the symposium twitter account, and along with some of the other attendees we produced a fairly comprehensive summary of each talk, along with some visual media. Here’s a link to the day one compendium on Storify, and it is embedded below:
The words “organised crime” don’t typically intrude into our privileged Capetonian lives (if you can afford to scuba dive recreationally, you’re privileged), but in reality there are networks operating on our doorstep, and many of our activities as scuba divers actually cause us to cross paths with these syndicates. Sometimes it is a very literal crossing of paths, and other times it’s simply sharing the same space as individuals who are advancing the interests of a criminal organisation.
Khalil Goga, a researcher who has been focused on organised crime since 2009, published a report on the Western Cape’s illegal abalone trade for the Institute of Security Studies in August 2014. This paper can be seen as a companion to Jonny Steinberg’s 2005 ISS report on the illicit abalone trade in South Africa. While Steinberg’s paper deals with poaching’s socioeconomic and political origins and has a broad geographic focus within South Africa, Goga lays out the structure of poaching operations from harvesting the resource to its arrival in Asia, with special reference to the Hangberg community of Hout Bay.
The state of Hout Bay harbour – with corrupt or no access control, no checking of catches by Marine and Coastal Management or monitoring whether vessels are compliant with SAMSA regulations, and sunken ships at their berths – visually demonstrates how easy it is to base a poaching operation out of this location. The individuals who do the hard work of diving, driving, and carrying abalone over the mountain are drawn from the communities surrounding the harbour. Despite the involvement of these impoverished and sidelined communities, however,
The abalone trade has moved from largely being in the hands of a marginalised population to one that is ‘dominated by outside opportunists’. It has evolved from an informal activity by fishers into ‘a highly organised commercial fishery run by organised criminal syndicates’.
Read the complete ISS report here (PDF). It’s clear, easy to understand without glossing over the complexity of the issue, and absolutely fascinating. If you would rather read a shorter article on the abalone trade emanating from Hout Bay, you can try this M&G piece.