Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Fishing ban · South Africa · 1997–2018

South African west coast rock lobster quota and WWF court case

Nature's voice · report
I am at about 2% of what I was before the fishing began, and illegal fishing on me is rising.
Did nature suffer? Yes. Harm is on record. Disputed
What the record lacks: 3 none on record · 1 disputed See the gaps
Accounts of the harm differ
Should the 2017/18 quota exceed the scientific recommendation?
  • Researchers Scientific working group: Recommended 790 tonnes if illegal fishing did not fall.
  • Government and regulators Fisheries ministry: Cited harm to small-scale fishers.
  • Courts Western Cape High Court: Found the 2017/18 quota unlawful and unconstitutional.

In September 2018 the Western Cape High Court found the 2017/18 west coast rock lobster quota unlawful and unconstitutional. The stock was at about 2% of its pre-exploitation level.

About 2%West Coast rock lobster stock vs pre-exploitation level
Latest assessment; another assessment gave 2.5% for 2015.

Status 2018 judgment against the 2017/18 quota; ministry sought leave to appeal; no outcome found.

What?
A rock lobster quota that the court found unlawful and unconstitutional.
Where?
West coast of South Africa; Western Cape High Court.
When?
2017/18 quota; judgment September 2018.
Who?
Gained
  • Rock lobster quota holders — The ministry set quotas above the shrinking target.
Lost
None on record
Harmed
  • West coast rock lobster stock — At about 2% of its pre-exploitation level.
Why?
The ministry cited harm to small-scale fishers.
How?
Through a quota set above the scientific recommendation, challenged in court by WWF South Africa.
6 of 6 questions answered from the record

What happened

The record, in order.

The west coast rock lobster stock in South Africa stood at about 2% of its pre-exploitation level in the latest assessment cited in the record (another assessment gave 2.5% for 2015). Illegal fishing was reported to be increasing.

Recovery targets were set relative to 2006. A 1997 target of a 20% increase between 1996 and 2006 was not met. In 2011 a target of a 35% increase over 2006–2021 was set. The 2017 recommendations implied about a 2% decrease, and the quotas set were projected to bring a 15% decrease.

WWF South Africa brought a case against the 2017/18 quota. In September 2018 the Western Cape High Court found the quota unlawful and unconstitutional. The scientific working group had recommended 790 tonnes if illegal fishing did not fall; the ministry cited harm to small-scale fishers and sought leave to appeal.

  1. 1997Target of 20% increase over 1996–2006 set; not met
  2. 2011Target of 35% increase over 2006–2021 set
  3. 2017Recommendations implying a roughly 2% decrease; quotas projected to bring a 15% decrease
  4. 2018Western Cape High Court finds the 2017/18 quota unlawful and unconstitutional (September); ministry seeks leave to appeal

What was said

Claims, in the words of those who made them.

Where accounts differ

Each party's account, side by side, with its source. The record does not settle these points; it shows them.

Should the 2017/18 quota exceed the scientific recommendation?
Researchers
Scientific working group

Recommended 790 tonnes if illegal fishing did not fall.

Government and regulators
Fisheries ministry

Cited harm to small-scale fishers.

Courts
Western Cape High Court

Found the 2017/18 quota unlawful and unconstitutional.

How it looked

What was shown, beside what was recorded.

Shown

  • Management bodies announced stocks reaching targets as success and linked quota increases to them (general pattern, as recorded in the sources reviewed).
    Fisheries management bodies, as recorded in the sources reviewed

Recorded

  • The west coast rock lobster stock stood at about 2% of its pre-exploitation level; illegal fishing was increasing.
  • The Western Cape High Court (September 2018) found the 2017/18 quota unlawful and unconstitutional.
  • The scientific working group recommended 790 tonnes if illegal fishing did not fall; the ministry set a higher quota, citing harm to small-scale fishers.

Who gained

Money that reached nature, beside money that stayed elsewhere.

Reached nature or the ground

Not published
No figure published.

Gained elsewhere

Not totalled
Currency: ZAR · Window: 2017/18. All figures cover the same period. * Estimate built from cited figures.

Responses on record

  • South African fisheries ministry (2018): Cited harm to small-scale fishers and sought leave to appeal.

In court and with insurers

Every proceeding and every insurer decision on record.

Lawsuits and rulings

  1. 2018-09Claimant won
    WWF South Africa challenge to the 2017/18 west coast rock lobster quota
    Western Cape High Court · Administrative · WWF South Africa → Fisheries ministry

    The court found the 2017/18 quota unlawful and unconstitutional; the ministry sought leave to appeal and no outcome was found.

Insurers

No insurer decision on record.

What nature saw

Outcomes measured on the ground, and nature's note.

Nature's report opens this page. Below: further outcomes measured on the ground.

Stock vs pre-exploitation level
About 2%
Latest assessment; 2.5% for 2015 in another assessment
Scientific recommendation
790 t
If illegal fishing did not fall
Recovery targets
Set against 2006
1997 target missed; 2011 target 35% increase; 2017 advice about 2% decrease

What we don't know

Undisclosed, unproven, untried: recorded as data.

Nature

  • Disputed Should the 2017/18 quota exceed the scientific recommendation?

Record

  • None on record The outcome of the ministry's application for leave to appeal: no result found.
  • None on record Quotas set after 2018: not known.
  • None on record The ministry argued that small-scale fishers bear the cost of lower quotas; the sources reviewed give this as the ministry's position, not as a finding.

Did the harm stop?

The court set aside the 2017/18 quota in 2018; the sources reviewed does not say whether the ruling stood after the ministry's appeal request.

Who paid?

According to the ministry, the cost of lower quotas falls on small-scale fishers.

Sources

Voices on record: — Company or project— Government and regulators— Courts— Press and investigations— Communities and civil society— Researchers

Connected cases

Related matters, and cases linked to this one through the same organisations, with the role each played in both.