6. RESULTS AND DISCUSSION
6.3. Overview of the main findings
and how legislati on is monitored andcontrolled. The secondaspec t is that on the whole, stakeho lde rs have a tot al lack of trust and confide nce in the relevant South Africa n authori ties, both when it comestothe actua l legi slation , and toits implemen tation.
6.3.2.Marine tourism seasonality and carrying capacity concerns
The study showed that as lon g as the laun chin g tower is open there is onlyone limitation on the number of boats allowed to laun ch at any given time fro m the Shelly Beach laun chin g site, that lim itation bein g the weather conditions. As a safety precauti on, laun ch tower personn el will not allow any boat to laun chif wind speedexceeds 20 knots.
During the peak holid ay seasonof Decemb er the number of boats laun chin g from Shell y Beach canreach up to 100 per day.There are three main problems with this inten sive use of the Protea Banks area during Decemb er. Firstl y, man y of the holiday users have minimal experience in the often rough sea conditions and man y boats flip over while going throu gh the surf. As a result of this, holiday users and people who do not use the area regularly can find them sel ves in danger due to rough sea conditio ns and a lack of experience or practise. Secondly, ther e have been cases of con flict due to the high number ofpeople present at the same time, mainly conce rni ngthe parkin g area. Thirdly, there is clearl y an issue of the area's carry ing capac ity bein g exceede d during Decemb er as there are a very high number of boats conducting vario us activities simultaneo uslyand there is no man agement except from the bag limits of fishing, and even this has proved difficult to contro lwhe nsuc h ahighnumber of boats are ope ratingat the same time.
6.3.3. Stakeholders environmentalconcerns
Different user groups have various differin g conce rns about the environment. The divers areworriedabout the over-fishingofshar ks. The sportfisher menareconce rne dabo ut the bott om or ree f fish populati ons. The cha rter fishin g boat operators menti on potenti al diver dam age to the reef.The tou rism operators,both cons umptive and non-con sumpti ve dep end on a heal thy and abunda nt marine resou rce in order to surv ive as busin esses, so are therefore conce rned about the general state of the ocean, spec ifica lly local ecosyste ms.The owners and staffof the compa nies conce rned are not only interested in
the ocean for reasons of financial gam , but also as private individu als with genu ine conce rns for their local enviro nment.
6.3.4. Gap in shark research and scientific studies of Protea Banks
One imper ati ve finding of the study is that there is a comp lete lack of any scientific research bein g conducted at or about Protea Banks. The only sc ie ntifie study that has involv ed Protea Banks is a collecti on of seawee ds for a seaweed guide of KwaZulu- Natal.The study was not a South African initiati ve, but cond ucted by a team of Belgian stude nts. Protea Banks is a relati vel ydeep reef and technically cha llenging to investig ate and has there fore not been included in studies byEzem velo KZN Wildlife reef studies or the Oce anographi c Research Institute(O RI). ORI has prop osed a study of Prot ea Banks, but it was not accepted fo r fina ncia lfundingreasons .
Addition ally, the study has found that there is a gap in gene ra l shark research in Sou th Africa. Research has been carried out on Great White shark cage-d iving in the Cape regi on . Most studies carried out in KwaZulu -N atal are conducted upon alrea dy dead sha rks which have been caught in the sha rk-ne ts along the coast. These stud ies are of exce llent value for severa l purposes, but do not explain sha rk beh aviours or ena ble estimates of the frequ en cy and abundanc e of different sha rk species . Furthermore, there are currently ongo ing stud iesof Ragged Tooth sha rks at AliwalShoal. But moreresearch could be conducted relating to shark and human inter acti on. Feeding practi ses for the purpose of attrac ting shar ks are of spec ific conce rn as this can create potenti ally dang erou s situat ions for the diver , and also has the potenti al to harass sha rks . There is curre ntly no chummingor feedi ng of sharkscarried out atProt eaBan ks.
6.3.5. Stakeholderopposition towardsProteaBanks as a marineprotected area
The study disco ver ed that the maj ority (9) of stakeho lders do not wish Protea Bank s to becom e a marin e protected area. The direct users of Prot ea Banks are not interested in Protea Bank s as a MPA and are worried that if Protea Banks were to be procl aim ed an MPA in the future their leg al rights of usin g the reef will be dimini shed. A second conce rn is that there will be an introdu cti on of fees.The syste m of fees to be paid to an
authority is looked upon with great scepticis m. The majority of the stakeho lde rs would rather see Protea Banks managed as it is now , mainly by the user s themsel ves in a self- regulatorysystem.Concern is showed by the divers regarding general shark management in South Africa and internationally. The divers would like to see shark populations in gen er alas protected spec ies referringtotheprecautionaryprincipl e.
6.4. Further description and discussion of the findings
Thestudy found a variety of differ ent opinions on many topicsin association with Protea Banks. The most frequ ently mentioned issues are discussed as follows in this chapter, based on the sta keho lde rs' point of view, deri ved from the semi-str uctured in-depth inter view s.
6.4./. Marine user groups and their activities at Protea Banks
The study found, as mentioned pre viously, six main usergroup s at Protea Banks:
6.4.1.1.Charterboatfishing
The largest group of fisherm en consists of charter boat fishing operatio ns. There are an estimated thirty charter boats, with five charter boats operating on an active and regular basis. Other charters operate on a lower sca le and some with their main focu s during the pe ak touri st seaso n. Charter fishing operators areonly allowed to launch during sunlight hour s, meaning from 4h30am during summer and around 6hOOam during winter. All charter boats must be back at the launching site before sunse t. The boat ride from launch to dive site only takes approximately 30 minutes, leaving man y hours available for fishing each day. In othe r countries with popul ar deep-fi shing areas the boat trip to the fishing area alon e can be up to four hour s. Protea Bank s is famous for both the quantit y and qualit y of fishing catches, with a variety of spec ies available and often guarant eed catch es by the charter companies. According to one of the fishing charter s, there are different ratios for the possibilities of catc hing the various fish spec ies in addition to being seaso nal. These figured as based on thecharter fishin g companies' experiences , not scientific and statistica l proof. According to one fishing charter , the probability of catching a shark is said to be99.9%.Se veral for eign touri sts want to catch big sha rksand
con sid er shark fishing as a great thrill and adrenaline rush . How ev er , it is stated that almost all sharks caught,are released (M ilton, 11110/2005).
With the exce ption of a few species, sha rk fishing is not illegal in South Africa. The fishing of a selectio n of shark species is regulated through either recreati onal bag limits orcomme rc ia lexploitation.Three species are fully prot ected: The Great White sha rk,the Whale sha rk and the Basking sha rk. How e ver , these three species do not frequent Protea Banks on dail y basi s.
Acc ording tothe stake ho lde rs, both the fishermen and thedivers, the sharks' behaviour at Protea Banks has cha nged over the years. The shar ks are said to have learn ed to differenti ate bet ween a dive boat and a fishing boat. Some go as far as to sugges t that shark s have learnt to distin gui sh between the sound of the motor s ofdive boats and the mot or s of fishin g boat s, along with the different sha pes and colours ofthe boat s in use . Sharks aresaid to "par k" under fishing bo ats and wait forthe opportune mom ent to attac k ahooked fish (Ge tz, 10110/2005 ; Milton , 11110/2005).
The fish ermen expe rience wha t they cons ide r a problem of too man y sha rks . Some fish ermen call them taxm en , as they tend to always take a percentage of your catch . Se ver al of the fisherme n tell stor ies of how it is common to on ly boat 8 out of every 10 hooked fish. Sharks will have eate n the fish before it reach es the boat (Getz, 10110/2005 ; Milton , I III 0/2005 ).
It is impossib le to agree or disagree with sta te me nts conce rn ing whet he r the shark beh aviou r at Prot ea Banksisinstincti ve or learnt over time.Ther e is not eno ugh scientific evide nce to properl y evalua te or quantify this phen om en on . A sha rk hunts and finds its prey thro ugha series ofinvestigati on s. Sha rks have a range ofsensory abi lities whic hare utilised to loc ate and catc h prey. Starting with the abi lity to hear and sme ll fro m thou sands and hundred s met er s distan ce fro m prey, to lat er al lines and pit orga ns with which the shar k can register mo ve ments and even heartb eats, along with vision, touch and finall y taste (AndyCobb,01/09/ 2005 ) .The instin ct ofa sha rk is to sense and attac k
weak, bleeding, injured struggling fish. It is therefore instinctual that sharks prey upon hooked fish (Viljoe n, 1111012005).
To fishermen , the killing ofsharks can in some cases be understood as a vendetta.The fish erm en stru gg le with getting their catch onboard the boats as the sharks eat their catchesbefor etheyare ableto boat the fish. Therealso used to be an annual sha rk fishing competition each December where a large number of sharks were caught. How e ver ,due to public resentment towards this competition , especia lly from the dive fraternity,it is no lon ger held. But the other probl em is still beli eved to be ther e with fishe rme n killing sharks in frustration and anger forstea ling theircatches (Cliff, 26/07/2005).
6.4.J.2.Recreational spo rt fishin g
The recreation al fishing club at Shelly Beach was esta blishe d in 1978. Areas of Shell y Beach were conse que ntly cleared of rocks for easier and bett er boat launching .In 1982 theclub hou se was built together with the boat launchin gcontrol tower. A conc re te ramp was con structed tog eth er with further rock clearanc e at the beach. The club was founded with on ly a few, around 10-15, members.The number of member s grew to 30 and later more and more members were accepted. Eventu ally the number of member s has passed 300.Tod ayther e is also a range ofothe r marinebased clubs in the KwaZulu-Natal South Coast area inadd ition to the Shell y Beach Ski Boat Club.Recr eati on al ang ling has a lon g histor y at Shell y Beach. The main target of the sports fisher me n are differ ent types of tuna and other game fish suchas sailfish or marlin and king Marc el (Ge tz, 10/10/2005 ).
There are an estima ted 14 000 people in the KZN pro vince who fish off of ski boats.
Rec reati on al fishing is con sid er ed a parti cul arl y popular attracti on and a significant part of coastal touri sm in KwaZulu-Nat al. The contribution to the gross nation al product is belie ved to be over 1%(Mann, 15/08/2005).
Recreati on al fish ermen , from both private and the cha rte r boat s must also comply with thequoted bag lim itsin the men tion ed Act. In orde rto fish recrea tiona llyone must obta in a permit and it is illeg al to sell any fish caug ht. As of April 2005 the bag limit for
recreational sharkfishing is one (perspeciesof shark)shark perdayper person. Basking Shark,GreatWhiteSharkand WhaleShark areprotected species(MLRA, 1998).
The local sport fishermen at Shelley Beach have a so-called "Gentlemen's Agreement"
amongst themselves.The agreementcan alsobe considered as atype of code of conduct for non-commercialand private sport fishing.According to theGentlemen' s Agreement, there should be no anchoring on Protea Banks (this issue is especially agreed upon concerning the shallower areas of the Southern and Northern pinnacles). Another important issue is that bottom or reef fishing should not be conducted. Additionally, a recreational fisherman is onlyexpected to catchwhat he orshewilleat himself.He orshe can continue to fish, but should release any excessive catch rather than kill it. The fishermen following the described Gentleman Agreement will sometimes inform other users who are not following this code to change their behaviour. It is not law, but a voluntarychoice of behaviour which the local fishermen prefer tofollow. Unfortunately, there have been problems mainly during peak season in December with high fishing pressure and many fishermen temporarily visiting the area from other parts of the country. Many are unaware ofthe localGentlemen' s Agreement(Getz, 10110/2005).
The divers have assisted recreational fishermen on occasions. One example is that if a fisherman has caught a Brindle (reef fish) and is not able to release it successfully because of it being inflated withair, the dive operator would take the fish backdown to the reefforthefisherman (Getz, lOll0/2005).
6.4. /.3.Comme rcialfishing
One of the charterfishingcompaniesoperating in the areais also involved incommercial linefishing, additionally,and there are two other relatively smallcommercialcompanies.
The main area for commercial fishing is normally further off-shore and deeper than where the recreational and charter fishing boats operate, meaning not directly at Protea Banks. The commercial fishermen will catch whichever fish they hook, but predominately focus onreefand bottomfish, and tuna. Sharks are not said to be a main
target for commercial fishing in the area surrounding Protea Banks, but they are caught from timetotime.
Commercial fishermen are becoming more and more frustrated with sharks, mainly because, again,sharks attacktheir hooked fish,especially tuna.A20kgtunacan be worth up to R300. Every tunaeaten by a shark beforethe fishermen can board thefishisloss of income.Commercialfishing has created jobs for manypeople, but thepeople in question depend on their catchesandso seethe sharksas athreat orenemy whilstfishing.
Adesire for reductionof commercialfishing in theProtea Banks areahasbeen expressed by stakeholders. However, they do not wish for a ban on the existing commercial fishermen tobe proposed or implemented.Theywould prefer torather have a scaleout option where no more commercia l companies are allowed to commence and establish themselves in the area, thus maintaining the current employment, but preventing an escalationof local commercial fisheryindustry.
6.4. 1.4. Dive operato rs
There areseveral dive operators diving at Protea Banks sporadically, butonlytwo main operators based at Shelley Beach that take divers out to the reef ona regular basis.The biggest operator has three boats butseldomoperatesat fullcapacity. Usually one or two of the boats are used perday.There areoften days when there areenough divers to fill twoboats,but rarely all threeboats at the same time (10-20 daysper year).
Commercial diving started at Protea Banks in 1994 with the establishment of one operator which is today the biggest and most active operator at Protea Banks. The operation was sold in 1999 as the owner at the time transferred to Mozambique.
However, he returned to Shelley Beach shortly after and established another dive company. Thesetwo operatorsarecurrently the twomaindive companiesoperating from ShelleyBeach.
The first offic ial dive at Pro tea Banks was conducted by the pro fession al dive instructors Andy Cobb and Kar en Trescher in 1992. The divers were tak en out to the ree f by a fishing charter whic h is now in conflict with one of the dive operators (furthe r described later in this chapt er). There was, howe ver , dive activity previ ou s to 1992, mainly spearfishing, buton a very infrequ ent and seldo m basis.The first spear fisherm en started diving Prot ea Banks in 1990(Kru ll, 10/1012005 ).The first diver s at Protea Banks were met by great scepticism and they were con sid ered very brav e to dive with dangerous sharks.The divers brought with them spear guns or othe r defensi ve tools as they feared they could be attac ked . The divers soon realised that the sha rks did not attac k them and stopped bringing the defen si ve equipment. It is now known that the sharks are not dang erous to the divers and there has never been any recorded incident of the shark s attacking or trying toattack divers at Prot ea Banks (Tres che r, 11/1 0/2005).
The first dives at Protea Bank s were described as being "packed with sha rks". Tod ay diver s stillsee sharks, but many beli ev e that there are much few er sharks observed than earlier.There are variou stheoriesconc erning the reduction ofsharksightings. One theor y is that the sharks have learnt to approa ch fishin g boats for the purpose of feeding and ha ve learned which boats to approac h. Another presumption is that the sha rks have learn ed that the di vers are not food sources, and are thus not intere sted. The noise and mo vement of diver s and their bubbles are belie ved to frighten away the sharks. One of the most mentioned theori es ofwhy fewer sha rks are sighted during dives at the present time is the gen eral increase in commer cial sha r k fisher y over the past dec ades (Fie ldno tes , 2005).
Diving at Protea Banks is by man y described as a high risk extre me dive. It is not cons ide red aneasydive and the skipper s and dive operators hold a very import ant role in being respon sible for the safetyof the diver. Alldi ver s must signa person al liabiIity form prior to the dive (as at any othe r dive site) so that in the event of an accide nt the dive ope rators cann ot be held respon sibl e or liabl e . Howe ver, the dive operators take safety extre me lyserio us ly. Safet yisthe number one issue in the dive briefing.