BY Independent Online,

The newly instituted ban on all forms of diving in key perlemoen areas is disrupting some legitimate businesses, and the government has been accused of introducing the ban before having all the administrative procedures in place to issue appropriate exemptions.

But the government has denied the charge, and a key industry in one of the five new restricted dive areas the shark cage-diving industry which operates in the heart of the Gansbaai to Quoin Point restricted area says it has "no problems" and has been given verbal permission to continue while waiting for formal permits.

Last week, DA environment spokesman Gareth Morgan said the "ill-conceived" diving ban, which came into effect on February 1, had caused "considerable confusion" among legitimate business operations and that, until now, there had been no consultation with them.

"The Department (of Environmental Affairs and Tourism) has not made clear what provisions are being made for divers operating in spheres such as shark cage-diving, research and marine salvage.

"Its Marine and Coastal Management (MCM) branch either did not think about the implications of its ban on diving or is desperately under-prepared for the managing of it.

"For the moment, the dive ban regulations risk making criminals out of law-abiding citizens."

Monty Guest, chairman of the umbrella body Underwater South Africa, said the new regulations required exemptions for kelp harvesting, marine salvage, sea-ranching, shark cage-diving, scientific research and the maintenance of underwater infrastructure, but that there were no application forms available.

"I know that there has already been an altercation between the police/MCM and commercial divers doing routine maintenance on a perlemoen farm's seawater piping.

"MCM are completely unable to facilitate compliance since it seems nothing is in place.

"Apparently there are costs and conditions attached to these permits/exemptions which MCM is trying to finalise, and there has been no consultation with the interested and affected parties.

"So far none of this has been sorted out and there is no one in MCM who can give answers or even seems to be co-ordinating these efforts," he said.

Mariette Hopley, chairperson of the Great White Shark Protection Foundation which represents all the shark cage-dive operators except one, said they had pre-empted the situation by asking MCM for exemptions to use diving gear inside their cages.

They had received verbal permission to operate while waiting for the permits to be issued.

"We don't have a problem," she said on Friday.

Asked to respond to Morgan, the department's acting head of communications, Mava Scott, said the diving ban was viewed as an essential component of their strategy to keep perlemoen in the water in key areas where the stock was most likely to recover.

More than 400 written submissions, including from business operators, had been sent in response to the draft ban, and all had been considered before the final regulations were gazetted. Meetings had also been held with stakeholders.

"The final regulations make provision for diving to be allowed in certain instances and further indicated that a permit should be obtained …

"The department has made application forms available," Scott said.

Permit applications may be obtained at www.deat.gov.za and at the department's Foreshore office.

In its latest newsletter, fishing industry consultancy Feike headed by former MCM senior managers Horst Kleinschmidt and Shaheen Moolla slammed the ban as "simply part of a suite of misguided, and poorly drafted and managed, instruments aimed at accomplishing an albeit noble and well-intended cause".

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