Cape Town — The Cape Town High Court has dismissed an application by a group of abalone rights holders who wanted to stop the Department of Environmental Affairs and Tourism from issuing permits to abalone divers.

The department on Thursday welcomed the court's decision, after the divers tried to challenge the department's decision to suspend commercial fishing of abalone.

The abalone divers were ordered to pay the department's legal costs, including the costs of the first application initiated by the divers on 11 December 2007. This application had been struck from the roll.

The court action was aimed at preventing the issuing of commercial abalone fishing permits, which would effectively prohibit right holders from fishing, after Environmental Affairs and Tourism Minister Marthinus van Schalkwyk delayed implementing the closure of the fishery.

This was despite an agreement which was reached with abalone rights holder through several consultations to use the Inter Area (turf) Schedule which would allow right holders to harvest abalone across turfs.

The closure of the fishery is considered as the only viable option at this stage to provide an opportunity to prevent a total commercial collapse of this highly valued resource.

Last year the department announced that it would suspend abalone commercial fishing with effect from February this year.

At the time, Cabinet supported the recommendation by the department to suspend abalone fishing from 1 November, but the date was postponed to allow the industry to continue through December and January.

This was to ensure that fishing communities have a source of income over the festive season and the start of the new school term.

The department's recommendation into the suspension of commercial abalone fishing was aimed at protecting the species and ensuring that future generations are able to enjoy it.

At the time of the announcement by the department, Minister Schalkwyk said there were currently 262 individual divers and 40 legal entities in the form of close corporations holding fishing rights and that accounts for 800 jobs.

Cabinet was also sensitive to the impact this decision will have on the livelihoods of many families in coastal communities and therefore approved a social plan to mitigate these impacts.

The minister explained that the plan includes the development of a sustainable marine aquaculture industry and the issuing of additional permits for whale watching and shark cage diving.