Minister Creecy finalises appeals in the traditional linefish and south coast rock lobster sectors in the FRAP 2021/22 process
The Minister of Forestry, Fisheries and the Environment, Ms Barbara Creecy, honoured her commitment to finalise appeals in the Traditional Linefish sectors by the end of the month ahead of the fishing season which starts tomorrow,1 March 2023.
The Minister also concluded appeals against the decisions of the delegated authority in the South Coast Rock Lobster sector taken in the Fishing Right Allocation Process 2020/2021 (FRAP 2021).
In her consideration and determination of these appeals, the Minister was guided by the General Policy on the Allocation of Commercial Fishing Rights 2021 (General Policy); the Sector Specific Policy on the Allocation and Management of Commercial Fishing Rights in the Traditional Linefish sector: 2021 (the Sector Specific Policy), the principles and objective of the MLRA and various legislation relating to transformation.
“These policies serve as a guideline to decision-making. I therefore overruled any mechanical or formalistic application of the various policies and instead, I evaluated the appeals in a flexible manner with consideration of the particular circumstances that apply to each of the appellants and the communities that rely on this fishery. In so doing, I ensured that I did not stray from the core principles that underlie the policies,” said Minister Creecy.
“I am satisfied that the appeal process in the traditional linefish sector has had the desired result to ensure that the process on the allocation of fishing rights in this sector is fair and that the outcome is reasonable and rational.” added the Minister.
Last year there was widespread dissatisfaction with the outcome of the delegated authority’s decision in the Traditional Linefish sector where 69% of Category A applicants were successful; 73% of Category B applicants were successful and 19% of Category C applicants were successful in their applications.
The appeals process has cast a very different outcome for the sector as follows: 84% of Category A applicants are now successful in their applications; 83% of Category B applicants are successful and 21% of Category C applicants are successful.
All Category A applicant/appellants who are successful will be granted a right. All Category B applicants/appellants who are successful will then be granted a right. Category C right holders will be granted a right subject to availability of TAE in the relevant zone concerned. This is required to ensure that rights are granted and utilized for the purpose intended under the MLRA and the Sector Specific Policy and to protect the resource.
The Department has commenced with the administration and processing of the third phase of the appeal process, which relates to the Tuna Pole Line and Squid Sectors. It is anticipated that the third phase of the appeal process will be finalised by 30 April 2023.
Phase Four of the appeals process deals with the appeals in Hake Deep Sea Trawl and Hake Longline sectors and Phase Five of the appeals process deals with the appeals in the Small Palegic: Sardine and Anchovy sectors. The Department is endeavouring to complete phase five of the appeal process by 30 October 2023.
The Department is endeavouring to complete each phase of the appeal process within the proposed timeframes. The Department will also, on an ongoing basis, publish its progress in relation to each phase of the appeals process on its website.
To access the appeals decision, click the link below
https://www.dffe.gov.za/sites/default/files/legislations/appeals/28feb2023gpr_traditionallinefish.pdf
Source: Government of South Africa