The Department of Forestry, Fisheries and the Environment Updates on the 2021/2022 Commercial Fishing Rights Allocation Process

The Department of Forestry, Fisheries and the Environment received a total of 2 473 applications for the allocation of commercial fishing rights in accordance with the Fishing Rights Allocation Process (FRAP 2021/2022), in terms of section 18 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998) (MLRA), in the following sectors:

• Hake Deep Sea Trawl

• Hake Longline

• South Coast Rock Lobster

• Small Pelagic (Sardine and Anchovy)

• KwaZulu-Natal Crustacean Trawl

• Demersal Shark

• Squid

• Tuna Pole-Line

• Traditional Linefish

The allocation of rights in terms of the FRAP 2021/2022 process was finalised during February 2022, and aggrieved parties were then entitled to submit their appeals against the decisions of the Delegated Authorities in relation to the FRAP 2021/2022 to the Minister, in terms of section 80 of the MLRA. The closing date for lodging appeals against FRAP 2021/2022 was extended to 29 July 2022.

The Department received a total of 1 213 appeals across the aforementioned 9 fishing sectors, via the department’s online appeal system. The Directorate: Appeals and Legal Review (Cape Town) (Appeals Directorate), within the Department, is responsible for the administration and processing of the FRAP 2021/2022 appeals. In addition, an Appeal Advisory Team (AAT) has been appointed through the Office of the State Attorney to advise Forestry, Fisheries and the Environment Minister, Ms Barbara Creecy on the FRAP 2021/2022 appeals.

For the sake of efficiency, expedience and to ensure a fair and proper process and outcome, the Appeals Directorate is administering these 1 213 appeals on a sector-by-sector basis, in phases, as follows: Phase One of the appeal process relates to the Demersal Shark Sector, the KwaZulu-Natal Crustacean Trawl Sector and Miscellaneous issues arising (non-compliant and late appeals); Phase Two of the appeal process relates to South Coast Rock Lobster Sector and in the Tuna Pole Line Sector; Phase Three of the appeal process relates to the Traditional Line Fish and Squid Sectors; and Phase Five of appeal process relates to the Small Pelagic Sector (Sardine and Anchovy).

As at 02 December 2022, Minister Creecy completed phase 1 of the appeal process and is now steeped in phase 2 of the appeal process. The Department is endeavouring to complete phase 2 of the appeal process (relating to the South Coast Rock Lobster appeals and the Tuna Pole Line appeals) by the end of February 2023. The Appeals Directorate has also commenced with the processing and administration of appeals in phases 3 and 4 of the process.

The Department will on an ongoing basis publish its progress in relation to each phase of the appeals process on its website. The Department is endeavouring to complete the entire appeal process before the end of the 2023 year.

Source: Government of South Africa