TNPA has upheld the ban on fishing along the North Pier, which has been earmarked for tourism development, as well as the safety sensitive Grunter Gully and Round Bush which is an environmentally sensitive area that is also home to mangroves and fish nurseries.
"We are sympathetic to the forum members' perspectives, but need to balance this with the sustainable development of a port that will continue to serve the city and country to its full potential. Our decision-making took into account the interests of safety, efficiency of port operations and security, and followed extensive consultation with affected parties and experts," added Motlohi.
Restrictions were originally imposed by TNPA in 2009 in terms of the National Ports Act (12 of 2005) and the International Ship and Port Facility Security Code. In 2009 and again in 2013 the KZN Subsistence Fishermen Forum took the matter to the Port Regulator of South Africa, arguing that the restrictions infringed on the subsistence fishermen's right to food and freedom. The Port Regulator ruled that the subsistence fishermen should be recognised as port users, but did not make any ruling on the merits of the subsistence fishermen's contentions relative to where fishing should take place.
"In confining fishing to designated areas within the Southern Breakwater and Victoria Embankment, we believe we have balanced the needs of members of the forum, other port users and tenants, and the need to protect environmentally sensitive areas," said Motlohi.
The North Pier, located at the entrance to the Port of Durban and adjacent to the Point Waterfront, has been closed to the public since the harbour entrance was widened. This area and its surrounds have been earmarked for tourism development including a world-class cruise ship terminal that would dovetail with planned development around the Durban Point Waterfront and tourist attractions such as uShaka Marine World.
"We urge fishermen to abide by the terms and conditions of their fishing permits and to fish only within the designated areas," said Motlohi.
