By Courtney Cooper
Minister Applauds Conviction and Sentencing in De Hoop MPA Illegal Fishing Case
The Minister of Fisheries, Forestry, and the Environment, Dr. Dion George, has commended the conviction and sentencing of Unathi-Wena Fishing CC, operators of the fishing vessel The White Rose, for illegal fishing within the De Hoop Marine Protected Area (MPA).
The violations, which occurred from May 10 to May 13, 2019, were exposed through intelligence gathered by the Department’s Monitoring and Surveillance Directorate. The vessel, operating under permit number 1900511 for the Demersal Shark Fishery sector, breached Regulation 75 of the Marine Living Resources Act (MLRA) and Section 49A(1)(f) of the National Environmental Management Act (NEMA).
Breach of Critical Environmental Laws
Regulation 75 of the MLRA explicitly prohibits fishing activities in a marine protected area without proper authorisation. It safeguards marine ecosystems from exploitation by forbidding activities such as fishing, collecting, or selling fish caught in protected waters.
Section 49A(1)(f) of NEMA criminalises acts or omissions that harm or have the potential to harm the environment, highlighting the government’s focus on preventing ecological damage.
During the investigation, the Department’s Environmental Management Inspectorate, known as the Green Scorpions, used advanced tools such as the maritime domain awareness platform. Their efforts culminated in a comprehensive case presented to the National Prosecuting Authority, resulting in the successful prosecution of Unathi-Wena Fishing CC.
Significant Penalties Imposed
Sentencing occurred on November 27, 2024, at the Bredasdorp Regional Court, where Magistrate Cannon presided. The penalties imposed include:
- Counts 1-3 (MLRA violations): A R150,000 fine.
- Count 4 (NEMA violation): A R2,000,000 fine, with R1,000,000 suspended.
In addition to the fines, the illegal catch was seized, and R150,000 was deposited into the Marine Living Resources Fund as security.
While the vessel’s skipper, Joao Luiz Alves Moniz, passed away during the trial, testimony from the company’s Chief Operations Manager, Imraan Patel, provided key insights during the sentencing phase.
Minister’s Response
Dr. Dion George described the sentencing as a victory for marine conservation efforts. “The De Hoop MPA is a critical sanctuary for marine biodiversity, and any breach of its protection undermines years of conservation work. This case sends a clear and unambiguous message – illegal fishing activities will not be tolerated, and violators will be held accountable.”
The Minister emphasised the importance of enforcing environmental laws to protect South Africa’s marine ecosystems for future generations. “This judgment reflects the strength of our environmental legislation and highlights the effectiveness of monitoring and enforcement. It reinforces our commitment to collaboration with law enforcement, communities, and stakeholders in preserving South Africa’s rich marine heritage.”
The Importance of De Hoop MPA
The De Hoop Marine Protected Area is one of South Africa’s most vital conservation zones, hosting a diverse range of marine life. Its protection is integral to maintaining ecological balance and supporting sustainable fishing practices.
The successful prosecution of Unathi-Wena Fishing CC demonstrates the government’s resolve to protect these sanctuaries. The case also highlights the critical role of advanced monitoring technologies and the dedication of enforcement agencies like the Green Scorpions.
As South Africa faces increasing threats to its marine ecosystems, this case serves as a reminder of the importance of vigilance and collective action in preserving the nation’s natural heritage.
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