Aquaculture represents a sector with the potential to make a significant contribution towards the economy of South Africa through the creation of skills-based employment and the selling of products to local or foreign markets.

composition of
marine aquaculture sector

The marine aquaculture sector in South Africa has, to date, comprised mainly of shellfish, finfish and seaweed culture, including mainly indigenous species in commercial production such as abalone (Haliotis midae), dusky kob (Argyrosomus japonicus), yellowtail (Seriola lallandi), indigenous oyster (Striostrea margaritacea), and black mussel (Mytilus meridionalis) as well as indigenous seaweed (Ulva and Gracilaria sp.)used as a feed supplement in abalone farming.

The sector also involves the farming of established alien species such as mediterranean mussel (Mytilus galloprovincialis) and pacific oyster (Crassostrea gigas).

marine species
researched + piloted

A number of marine species have been researched and / or piloted as potential aquaculture species, including but not limited to atlantic salmon (Salmo salar),sea run trout/ rainbow trout (Oncorhynchus mykiss), white stumpnose (Rhabdosargus globiceps), river snapper (Lutjanus argentimaculatus), yellowbelly rockcod (Epinephelus marginatus), sea cucumber (Holothuria scabra), seaweed (Ecklonia maxima, Laminaria pallida, and Macrocystis pyrifera), west coast rock lobster (Jasus lalandii),collector sea urchin (Tripneustes gratilla), cape sea urchin (Parechinus angulosus),and the indigenous scallop (Pecten sulcicostatus).

Previously, pilot-scale operations have been conducted within the Saldanha Bay aquaculture development zone (ADZ), which included the production of rainbow trout (Oncorhynchus mykiss) (i.e. sea run trout) and coho salmon (Oncorhynchus kisutch) in fish cages at sea.

freshwater
aquaculture

Freshwater aquaculture in South Africa includes a vast array of freshwater species ranging from tilapia (Oreochromis mossambicus and Oreochromis niloticu), sharptooth catfish (Clarias gariepinus), rainbow trout (Oncorhynchus mykiss), brown trout (Salmo trutta),ornamentalkoi and carp (Ciprinus carpio), and marron (Cherax tenuimanus) (i.e. freshwater crayfish) forming the bulk of commercial production.

Both sectors utilise extensive (e.g. earth ponds, rafts, long lines, and fish cages) as well as intensive recirculating, semi – recirculating, and flow through systems.

The choice of aquaculture species is dependent on the market, site selection, running costs, and available technology as these vary depending on the species chosen by the operator.

The primary legislation governing the marine aquaculture sector in South Africa is the Marine Living Resources Act, 1998 (Act 18 of 1998) (MLRA). The MLRA provides a regulatory framework for the conservation of ecosystems, the sustainable utilisation, and protection of marine living resources. Marine aquaculture falls under the activities regulated by the MLRA due to its use of marine living resources as per chapter 6 of the MLRA.

Legislation which deals with freshwater aquaculture is currently fragmented and managed by provincial and nature conservation authorities and the various acts and ordinances. Ideally, all aquaculture activities including marine and freshwater aquaculture should be under one regulatory framework. In 2013, the former Department of Agriculture, Forestry and Fisheries (DAFF) commissioned a legislative audit and the outcomes of which, recommended the need for a dedicated legislation encompassing both marine and freshwater aquaculture sectors.

This led to the drafting of new legislation in the form of the draft Aquaculture Development Bill.

aquaculture
development bill

The development of the Aquaculture Development Bill is the culmination of a prolonged process of collaboration, partnership and cooperation amongst government departments, State-owned entities, aquaculture industry stakeholders, academia and civil society. The bill, once enacted into law, will be the first dedicated national aquaculture legislation to enable the regulation of both marine and freshwater aquaculture.

additional
information sources

The following South African legislation (national and provincial) is of importance and can be used as additional information sources on the legal requirements, but is not limited to the following:

• The Marine Living Resources Act, 1998 (Act No. 18 of 1998)
• The Animal Diseases Act, 1984 (Act No. 35 of 1984)
• The National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) (ICM Act)
• The National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA)
• The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEM: BA)
• The National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) (NEM:PAA)
• The National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (NEMWA)
• The Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973)
• Seashore Act, 1935 (Act No. 21 of 1935)
• The Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997)
• The National Health Act, 2003 (Act No. 61 of 2003)
• The National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)
• The Standards Act, 2008 (Act No. 8 of 2008)
• The Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)
• The Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947)
• The Medicines and Related Substances Act, 1965 (Act No. 101 of 1965)
• The Animal Health Act, 2002 (Act No. 7 of 2002)
• The National Water Act, 1998 (Act No. 36 of 1998)
• The National Heritage Resources Act, 1999 (Act No. 25 of 1999)

• The Orange Free State Nature Conservation Ordinance, 1969 (Ordinance No. 8 of 1969)
• The Bophuthatswana Nature Conservation Act, 1973 (Act No. 3 of 1973)
• The Transvaal Nature Conservation Ordinance, 1983 (Ordinance No. 12 of 1983)
• The Limpopo Environmental Management Act, 2002 (Act No. 7 of 2002)
• The KwaZulu-Natal Nature Conservation Act, 1992 ( Act No. 29 of 1992)
• The KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008)
• The Natal Nature Conservation Ordinance, 1975 (Ordinance No. 15 of 1975)
• The Mpumalanga Nature Conservation Act, 1998 (Act No. 10 of 1998)
• The Transvaal Nature Conservation Ordinance,  No. 12 of 1983)
• The North West Biodiversity Management Act, 2016 (Act No. 4 of 2016)
• The Cape Nature and Environmental Conservation Ordinance, 1974 (Ordinance No. 19 of 1974)
• The Ciskei Nature Conservation Act, 1987 (Act No. 10 of 1987)
• The Transkei Nature Conservation Decree, 1992 (Decree No. 9 of 1992)
• The Northern Cape Planning and Development Act, 1998 (Act No. 7 of 1998)
• The Northern Cape Nature Conservation Act, 2009 (Act No. 9 of 2009)
• The Natal Nature Conservation Ordinance, 1974 (Ordinance No. 15 of 1974)
• The Land Use Planning Ordinance, 1985 (Ordinance No. 15 of 1985)
• The Western Cape Land Use Planning Act, 2014 (Act No. 3 of 2014)
• The Western Cape Biodiversity Act, 2021 (Act No. 6 of 2021)

The primary types (or branches) of aquaculture are marine aquaculture (saltwater / coastal), freshwater aquaculture (fresh water / inland) and brackish water aquaculture.

marine
aquaculture

Marine aquaculture is a branch of aquaculture involving the farming of marine plants and animals which is conducted in the open ocean, in enclosed sections of the ocean, or in tanks, ponds or raceways which are filled with seawater.

freshwater
aquaculture

Freshwater aquaculture is a branch of aquaculture involving the farming of freshwater plants and animals which is conducted primarily in ponds, open water cages or tanks.

brackish water
aquaculture

Brackish water aquaculture is a branch of aquaculture involving the farming of fish and crustacea found in the saline waters of creeks, lagoons and estuaries.

One method of classification is by the nature of the production system. The primary production systems (whether land or sea based), are cage culture, pond culture, tanks and ranching.

cage
culture

Cage culture involves the placing of fish cages in lakes, ponds, rivers or oceans to contain and protect the fish until they can be harvested. The two main types of cages are floating cages and pen-cages. Floating cages are floating mobile units which can be moved around in the ocean, dam or river in which they are floating. Pen-cages are stationary netted enclosures on the shore of the ocean, dam or river concerned.

pond
culture

The use of ponds and irrigation ditches lined with bentonite clay has proven very popular as a simple way to farm fish. It consists primarily of ponds containing fish which are fed and protected against natural predators until they are large enough to harvest. It is usually a closed or semi closed system so every pond will have an inlet and an outlet for water to be exchanged from time to time. In many instances aquatic plants are also kept in the ponds because they help to oxygenate the pond water.

tanks

a recirculation aquaculture system

A recirculation aquaculture system (RAS) provides an alternative to outdoor pond or cage culture. A RAS is a series of culture tanks and filters where water is continuously recycled and monitored to keep optimal conditions year round.

Water is filtered and treated biologically to neutralise harmful chemicals, while the use of UV sterilization, ozonation, and oxygen injection ensure optimal water quality.

The system may be a partial re-circulation system (only a very small percentage of the water is passed back into the system before being released) or a full re-circulation system (at least 10 per cent of the water is passed back) but in general a RAS allows aquatic organisms to be grown at high density and rigorously managed under controlled environmental conditions.

a flow through system also uses tanks

This type of system consists of an artificial channel or rectangular tanks constructed of concrete and water passes through an inlet and an outlet in the tanks once before being discharged back into the environment. This allows animals to be cultured at high densities.

ranching +
stock enhancements

Ranching involves the release of hatchery raised aquatic organisms (mainly Abalone in South Africa) into the wild. Eggs are artificially hatched and grown in a hatchery and when ready, the identifiable young specimens are moved into the natural environment where they will grow to maturity and be harvested.

Stock enhancement involves the release of stock for the public good without the intention of directly benefiting an exclusive user group.

raceways

A raceway consists of a long and narrow canal of concrete with a water inlet (diverted from a river) and outlet (through treatment plant back into river) to maintain a continuous flow of fresh water. With fresh water continuously flowing through the canal, the water quality is always high and fish can be cultured at high densities.

Freshwater species (trout, catfish and tilapia) and marine species (juvenile salmon, sea bass, sea bream and abalone) are commonly cultured in raceways.

rafts / 
pontoons

Floating rafts or pontoons in lagoons or sheltered bays are primarily used to farm marine invertebrates like mussels or oysters. In the case of mussels, ropes are used to which the mussels attach themselves to feed on plankton.

In the case of oysters, they are taken from hatcheries at an appropriate size and placed in bags hanging from the raft. This type of system is known as an extensive system because there is very little human input into the system.

At the planning stage, the general framework of the proposed project must be identified during the construction phase the necessary infrastructure must be built.

The answers to these questions will determine the types of permissions needed, the required path and the correct sequencing in the route to obtaining them.

Each of these considerations is discussed briefly below:

the market

An investigation of the market potential of an aquaculture project is primarily an economic exercise that does not have obvious legal requirements attached to it. Although the legal requirements flowing from the market of choice become more apparent in the post production phase, it makes sense to consider them from the outset. The most important market related requirements are those of food safety and traceability. In addition there are different requirements for permitted drug use and choice of feed in different markets internationally. Most export markets will have stringent requirements for imported fish (dead or alive) to protect their consumers. These requirements often rely on information generated during the operational phase so it is important to put systems in place during the planning phase for sufficient monitoring throughout the project’s lifetime.

the species

Species suitable for aquaculture can be freshwater or marine species. The table below provides an idea of the most common aquaculture species in South Africa. (This table is reproduced from the EIA Guideline for Aquaculture in South Africa, 2012). The freedom to choose a particular species for an aquaculture project is circumscribed by legislation. In this regard, acts and ordinances need to be checked.

the site

The choice of geographical area where a proposed aquaculture development can take place may be limited by the operation of certain laws.

NB: Some requirements are not aquaculture project specific. For instance, in any site selection, the nature and availability of the infrastructure and services in the area need to be investigated. In most instances, getting access to services will entail entering into an agreement with the relevant local authority to connect to their water and electricity supply. In addition, if there is no direct road access, then an arrangement has to be made with the relevant roads department to construct roads to the site. In some instances the construction of the access road will be at the developer’s cost.

the method

The nature of an aquaculture project or how the farming will take place can trigger the need for a number of legal authorisations. The most important of these authorisations is the environmental authorisation.

This process is regulated by the EIA Regulations in terms of NEMA but given that there are generally a variety of authorities that need to be approached for any single project, it is essential that a thorough investigation of all the possibilities is carried out and that a critical path for obtaining these authorisations is established.

NB: Although the other authorisations (for example, the application for a water use licence) follow a separate process to that of the EIA, their acquisition is usually a condition of the EIA approval, so in effect, the farming activity cannot commence until all the relevant permissions are in place.

the scale

The scale or size of an aquaculture development is relevant since scale or size is often part of the threshold of a listed activity. Should the scale or size of the new or extended operations exceed the output or footprint thresholds, a BA or EIA must be conducted.

for comprehensive information

please consult the:

Legal guide for the aquaculture sector in South Africa​, 2013 [PDF - 2.1 MB] and further within the Branch - Fisheries strategy and framework documents.

The operational phase starts when a project has obtained the relevant environmental and other authorisations, when the facilities are complete and when the fish goes into the water. This phase ends when the fish are taken out of the water for further trade or processing.

The provided illustration lists the most important things to consider on an on-going basis during the operational phase.

At the post production phase the applicable legal requirements revolve around ensuring compliance with permits (such as export permits) and ensuring that issues such as proper transportation and food safety are taken care of and the necessary certificates obtained.

There are also a number of codes of practice (such as SANS codes), health standards and quality control procedures (such as hazard analysis and critical control point or HACCP procedures ) that may guide the handling and processing of aquaculture organisms. Whether or not they apply depends upon the level of processing that takes place, the nature of the product and compliance with these is often made a condition of a permit. The closure of a facility also forms part of the post production phase: If production ceases entirely and the operation is shut down the applicable legal requirements for closure or decommissioning must be followed. This may include undertaking an EIA for closure.