False Bay fishermen decry ‘harassment’ by City law enforcement marine unit

The forum alleges that the fishermen were fined for trying to safely access the fishing grounds. Picture: Jason Boud/African News Agency

The forum alleges that the fishermen were fined for trying to safely access the fishing grounds. Picture: Jason Boud/African News Agency

Published Nov 3, 2022

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Cape Town - The Strandfontein Ratepayers Forum and Economic Development has slammed the City’s law enforcement marine unit for what it said was the ongoing harassment of False Bay anglers.

The forum alleges that the fishermen were fined for trying to safely access the fishing grounds and for dropping baits further out to the sea by using drones. It said these fines were despite having bought a permit/ licence to fish.

André Arendse, from the forum, said when law enforcement noticed fishermen along the beach using a vehicle as a platform to pursue their activities, they would be issued with a R2500 fine.

He said the fishermen needed their vehicles as protection and to be close to their safety station in case their lives were threatened or possessions stolen.

“It should be noted that we fish in mostly very remote areas where there are no other beach users and are not infringing on any other person’s rights, nor do we drive inconsiderately over dunes or destroy sensitive environmental systems because these areas are still the same as they were many years ago,” he said.

Arendse said he had received seven fines to date, all of which he had successfully defended in court, where the charges were dismissed as being unconstitutional.

Another headache to the fishermen is the constant fining for the use of drones when fishing, which Arendse said was a ploy to economically sabotage them.

In February the Department of Forestry, Fisheries and the Environment (DEFF) announced that drone fishing was banned, along with the use of remotely operated boats, vehicles and reels for recreational angling.

However, this was challenged by the angling community in court and its ruling has been appealed.

Arendse believes that law enforcement cannot issue fines under that law while the matter of drone use for angling is pending in court.

The City’s law enforcement spokesperson, Wayne Dyason, said the Coastal By-law and the national off-road vehicle regulations were used to fine the fisherman.

Dyason said fishing with a drone was an illegal fishing method in terms of the Marine and Living Resources Act. He said this was a national legislation, hence its illegality in terms of the City’s by-laws.

“The use of drones within a nature reserve is prohibited and is, therefore, an offence in terms of the Nature Reserve By-law and or Coastal By-law,” he said.

Dyson said either could be used, depending on the location of the offence and despite the lack of ruling made against the DFFE, the recreational fishing method remained illegal.