South African west coast rock lobster quota and WWF court case
- 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.
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.
- Rock lobster quota holders — The ministry set quotas above the shrinking target.
- West coast rock lobster stock — At about 2% of its pre-exploitation level.
What happened
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.
- 1997Target of 20% increase over 1996–2006 set; not met
- 2011Target of 35% increase over 2006–2021 set
- 2017Recommendations implying a roughly 2% decrease; quotas projected to bring a 15% decrease
- 2018Western Cape High Court finds the 2017/18 quota unlawful and unconstitutional (September); ministry seeks leave to appeal
What was said
Where accounts differ
Each party's account, side by side, with its source. The record does not settle these points; it shows them.
Recommended 790 tonnes if illegal fishing did not fall.
Cited harm to small-scale fishers.
Found the 2017/18 quota unlawful and unconstitutional.
How it looked
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
Reached nature or the ground
Gained elsewhere
Responses on record
- South African fisheries ministry (2018): Cited harm to small-scale fishers and sought leave to appeal.
In court and with insurers
Lawsuits and rulings
- 2018-09Claimant wonWWF South Africa challenge to the 2017/18 west coast rock lobster quotaWestern 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
What nature saw
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
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
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