1. FISHING RIGHTS ALLOCATION PROCESS (FRAP) 2013 & 2015

2. CONTEXT AND BACKGROUND
Before the promulgation of the Marine Living Resource Act (MLRA, 18 of 1998), the Department of Agriculture, Forestry and Fisheries (Branch: Fisheries Management) granted fishing “quotas” under the Sea Fisheries Act.
Currently, Section 18 of the Act now provides for the allocation of fishing “rights”. The legal nature of the “right” allocated under the Act is similar to the “quota” allocated under the Sea Fisheries Act.
The “rights” allocated under the Act are not property rights but is in the nature of a statutory permission to fish for a certain period of time.
The fishing sectors that are now due for the allocation of fishing rights were allocated rights between ten and fifteen years.

3. CONTEXT AND BACKGROUND Cont…
Also Fishing rights were allocated to 8 commercial fishing sectors, namely KwaZulu-Natal Prawn Trawl, Demersal Shark, Squid, Tuna Pole-line, Hake Handline, Traditional Linefish, White Mussels and Oysters in 2013 (FRAP 2013)
However, this process was the subject to controversy with allegations and perceptions of irregularities, manipulation, unlawful or arbitrary decision making and un-procedural conduct. Over and above, the South African Traditional Linefishers Association brought an urgent application to set aside the allocation of Rights in the Traditional Linefish Sector
As a result the previous Minister set aside the FRAP 2013 and instituted an audit by Harris, Nupen and Molebatsi Attorneys in February 2014
The findings of this audit were then sent by department to the State Attorney for an opinion

4. FRAP 2013 REMEDIAL ACTIONS & 2015 FRAP WAYFORWARD
Subsequent to FRAP 2013, Emang Basadi Legal and Forensic Services (Emang Basadi) was appointed to conduct a review and assessment of the following:
Capacity and work processes in the department, including line and support functions, business processes, and external support required to ensure that the department is prepared and has the necessary capacity to commence and finalise the fishing rights allocation processes (FRAP 2013 corrective actions and FRAP 2015/2016)*; and
To make recommendations as to what further capacity and resources are required to effectively and successfully complete the fishing rights allocation processes.
This presentation has incorporated mainly the recommendations by Emang Basadi and translated these into an operational plan for corrective measure for FRAP2013 and way forward for FRAP 2015.

5. SUMMARRY OF THE FINDINGS FRAP2013
The findings and observations made on FRAP 2013 can be summarised as follows:
Political apathy and/or lack of direction and/or leadership from the national government
Clarity of policies (direction/ and alignment to national policies e.g transformation)
The governance structure for FRAP (e.g ensuring independency by department’s officials in granting of rights and dealing with appeals)
Numerous operational gaps including lack of proper planning, lack or insufficient good business processes

6. SUMMARRY OF THE FINDINGS
Main reasons provided for the lack of preparedness were amongst other the following:
The General Policy and Sector Specific Policies have not been reviewed. The review of policies is highly depended on the decision by Executive Authority on issues such as transformation targets per sector, consultation on the application &grant of right fees, etc. .
Job Freeze or Abolishment of posts;
Inadequate Information Technology System (ITS) to process the Rights Allocations and/or permits.
The R20 million currently availed for the rights allocation is insufficient.

7. SUMMARY OF RECOMMENDATIONS
Many recommendations were made in the Harris Report, and Emang Basadi concurred and validated most of them.
Since the setting aside of FRAP 2013, the Department has not dealt with the appeals or the review of the allocations themselves.
Emang Basadi recommended that the Minister should Appoint an Independent Appeals Board led by a Senior Attorney/ Advocate to deal with the backlog of FRAP 2013 and avail information in terms of PAIA and PAJA.
The FRAP 2013 policies will need to be reviewed and implement the Settle Agreement in terms of the Line Fish case (SACLA)

8. FRAP 2015 & PROCESSES
The fishing sectors that are now due for the allocation of fishing rights were allocated rights between ten and fifteen years.
These fishing rights in some of the fishing sectors will now expire between 28 February -31 December 2015.
In preparation for the Fishing Rights Allocation process, the Department will embark on a Policy Review and Public Participation Process which will result in the publication of 9 Fisheries Sector Specific Policies.
To successfully deliver the credible Fishing Rights Allocation process, the recommendation by Emang Basadi was that the Minister should in terms of section 18 6A (a) of the MLRA exempt current right holders in order to extend their rights for a period of 12 months while the department put in place credible processes for allocations.

9. FRAP 2015: SLOGAN
a. VISSION
The team is committed to render a professional rights allocation that is transparent and credible with few/or no appeals and no successful litigations
b. MISSION
To deliver on our promises
To be on time/target
To take care of our staff

10. FRAP 2015 : CRITICAL SUCCESS FACTORS
a. Mandate
2015 FRAP: Successful implementation of the 3ft Plan, with few/ or no appeals and no successful litigation
b. CRITICAL FACTORS
Adequate Human Resources
Political support/ good governance
Robust ITS systems
Robust legal advice and processes
Finance capital

11. ADEQUATE HUMAN RESOURCES
Though Fishing Rights Allocation Process is the Fisheries Branch mandate, however it is the Chief Directorate: Marine Resources Management core function.
FRAP contributes significantly to the revenue of the Branch: Fisheries.
CD: MRM is expected to commit dedicated officials for the successful implementation of FRAP who will ‘vacate’ their daily duties in order to fully focus on the successful implementation of FRAP.
This will add burden on certain officials which will have to ensure that service delivery is not crippled.
Currently, CD: MRM has 4 abolished positions, 7 frozen positions and 1 position which will soon be vacant by the end of March 2015.
As a result of these, already service delivery has been seriously hampered upon, thus has created delays in issuing of permits to the fishing industry which has caused a high rate of complaints from the fishing companies.
It is critical that the Human Capacity issue be given an urgent attention
Over and above to FRAP, the Implementation Plan of the Small-Scale Fisheries Policy will run concurrently and it is envisaged that 40 contract workers (interns previously with the Department) will be required for a period of 12-18mnths.

12. FINANCIAL RESOURCES
The Department recognizes that financial resources are critical for the success delivery of FRAP.
The budget for FRAP 2015/16 will be utilised to pay for services that may be rendered by the Service Provider to the Department.
The budget will be utilised to develop and improve systems that are credible for rights allocations.
The funds are needed for processes such as gazetting, legal services, vetting, public consultations, printing (application forms and sector policies in 4 coastal languages), distribution and receipting of application forms, manning of the FRAP call centre and general communication.
These duties will fall outside the normal 8 working hours (including weekends) and it is envisaged that overtime may exceed 30% limit of employees basic salary and in order to meet the tight deadlines it is envisaged that overtime will be necessary.
The estimated budget based on the Project Plan is R45 million, current deficit of R16 million.

13. FRAP 2015: DELIVERY STRUCTURE
Appeals Committee
Secretariat
EXECUTIVE AUTHORITY
DG/Rep
CFO/Rep
DDG: Corporate Services
CDs: MRM, FOS
Secretariat
EXECUTIVE COMMITTEE
DDG: FM, Chair
CD: MRM, Chair
CDs: FM; CD: CD: Coops &Enterprise Dev
Ds: FLS, Comms, SE
Secretariat
PROJECT TEAM/STEERING COMMITEE
Project Co-ordinator 1 2 3 4 5 6
Policies & Application Forms
ITS
Logistics & Customer Care
Budget
Legal Experts
Verification Team
Leader: D Fredericks
Leader: M De Wet
Leader: J Bezuidehout
Leader: TBC
Leader: TBC
Leader: W Fisher
Leader: C Liebenberg
Leader: S Pheeha
FMs: MRM
Scientist: FRD
MRM IT
MRM
OCFO
MRM
OCFO
Qualified Lawyers/State Attorney Sec.
FMs: MRM
Scientist: FRD
Secretary: H Yon
Secretary: TBC
Secretary: A Ntsabe
Secretary: TBC
Secretary: TBC
Secretary: N Nkeme

14. EXECUTIVE COMMITTEE a. Mandate Ministerial or Political Mandate b. TOR
Report to the DG/Minister
Meet once a month
Has authority to make decisions
Will use reports and data (prepared by Secretary, OC) to make decisions
Submit monthly progress report
c. Composition
To be appointed by the Minister
Chaired by the DDG: FM
OMINISTER; ODG, ODDG: FM, CDs: MRM, FOS, OCFO

15. PROJECT TEAM
a. Mandate
2015 FRAP: Successful implementation of the 3ft Plan, with few or no appeals
SSF Policy: Successful implementation of the 3ft Plan
Source funds
b. TOR
Report to the Executive Committee
Meet once a week, bring all relevant role-players together during meetings
Make recommendations
Submit weekly progress report
c. Composition
To be appointed by the DDG: FM
Chaired by the CD: MRM
ODDG: FM, CD: MRM’s Ds & FMs, Branch’s SMS Members (1/dir)
Co-opt others as needed, e.g., CD: Policy Development & Planning

16. POLICIES AND APPLICATION FORMS
a. Mandate
2015 FRAP: Successful implementation of the 3ft Plan, with clear policies and aligned application forms
b. TOR
Review, draft and finalise sector policies
Review, draft and finalise application forms
c. Composition
Chaired: D Fredericks
Scribe: H Yon
MRM’s FMs, FRD, ODDG, SCM, FLS, SE, Comms

17. INFORMATION TECHNOLOGY SYSTEMS
a. Mandate
2015 FRAP: Successful implementation of the 3ft Plan, with robust reliable ITS
b. TOR
Development of FRAP System
Data capturing
E-permitting
EDMS
c. Composition
Chaired: M De Wet
Scribe: TBC
D: ICT, Service Provider, MRM, SCM, ODDG

18. LOGISTICS AND CUSTOMER CARE
a. Mandate
2015 FRAP: Successful implementation of the 3ft Plan, with best customer service
b. TOR
Mapping of all the possible consultation venues
Dispatching of materials and officials
Manning of FRAP Call Center
Travelling and accommodation arrangements
c. Composition
Chaired: J Bezuidehout
Scribe: A Ntsabe
MRM, SCM, Stakeholder Engagement, Comms

19. BUDGET
a. Mandate
2015 FRAP: Successful implementation of the 3ft Plan, with transparent budget spending = greater accountability
b. TOR
Ensure availability of funds
Allocate budget for all activities
Monitor & Report expenditure
c. Composition
Chaired: W Fisher
Scribe: TBC
MRM, Finance, SCM, ODDG

20. LEGAL EXPERTS a. Mandate
2015 FRAP: Successful implementation of the 3ft Plan, providing best robust legal support
b. TOR
Vetting and legal advice throughout
c. Composition
Chaired: C Liebenberg
Scribe: TBC
MRM, Qualified Lawyers, ODDG

21. OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016
Annual target 1/2/0115 – 29/2/2016
Targets
Activities
Dependency deliverable/
role players
Allocated budget
Time
Responsible Unit (s)
Responsible
person (s)
Start date
End date
Allocate fishing rights in 9 fishing sectors (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics, Netfish) and Fish Processing Establishments (FPE).
Review/revise 9 sector specific policies (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics and Netfish fishing sectors).
Request permission to review sector specific policies
Appoint Task Team to review sector specific policies
Hold internal consultative meetings
Translate draft policies into coastal languages ( Afrikaans, isiXhosa and isiZulu)
Publish draft policies for public comments
Hold external consultative meetings
DDG: FM; CD: MRM; CD: FR&D; CD: MCS; D: Supply Chain Management; D: Financial Management; D: Stakeholder Engagement; Legal Support; D: Communications; D: ICT; Fishing Industry; General Public; Government Printers; Service Provider -
01/02/2015
31/05/2015
D: OHSFM
D: IFM
S Pheeha
D Fredericks
Develop application forms and schedules for 9 fishing sectors (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics, Netfish) and Fish Processing Establishments (FPE).
Appoint Task Team to develop application forms
Publish draft application forms for public comments
DDG: FM; CD: MRM; CD: FR&D; CD: MCS; D: Supply Chain Management; D: Financial Management; D: Stakeholder Engagement; D: Fisheries Legal Support; D: Communications; D: ICT; Fishing Industry; General Public; Government Printers; Service Provider

22. OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Cont.…
Annual target 1/2/0115 – 29/2/2016
Targets
Activities
Dependency deliverable/
role players
Allocated budget
Responsible Unit (s)
Responsible
person (s)
Start date
End date
Appoint Service Provider to assist with FRAP2015 and assess human resource capital
Request approval to appoint a Service Provider
Conclude Terms of Reference (ToR)
Conduct bid process
Sign a SLA with the appointed service provider
DDG: FM; CD: MRM; D: Supply Chain Management; D: Fisheries Legal Support;
01/02/2015
31/05/2015
CD: MRM
Siphokazi Ndudane
Finalise the sector specific policies and application forms.
Collate and incorporate comments on draft policies and application forms.
Finalise application forms and sector policies
Translate final policies into coastal languages (Afrikaans, isiXhosa and isiZulu)
Publish final policies and application forms
Announce distribution and submission centres and call for applications
DDG: FM; CD: MRM; CD: FR&D; CD: MCS; D: Supply Chain Management; D: Financial Management; D: Stakeholder Engagement; D: Fisheries Legal Support; D: Communications; D: ICT; Fishing Industry; General Public; Government Printers; Service Provider
1/06/2015
30/09/2015
D: OHSFM
D: IFM
S Pheeha
D Fredericks

23. OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Cont.…
Annual target 1/2/0115 – 29/2/2016
Targets
Activities
Dependency deliverable/
role players
Allocated budget
Responsible Unit (s)
Responsible
person (s)
Start date
End date
Receipt of application forms for fishing rights in 9 fishing sectors (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics, Netfish) and Fish Processing Establishments (FPE).
Collect completed application forms from all distribution centers
Capture and audit data
DDG: FM; CD: MRM; CD: FR&D; CD: MCS; D: Supply Chain Management; D: Financial Management; D: Stakeholder Engagement; D: Fisheries Legal Support; D: Communications; D: ICT; Fishing Industry; General Public; Government Printers; Service Provider
01/10/2015
30/11/2015
D:OHSFM
D: IFM
S Pheeha
D Fredericks

24. OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016
Annual target 1/2/0115 – 29/2/2016
Targets
Activities
Dependency deliverable/role players
Allocated budget
Responsible Unit (s)
Responsible
person (s)
Start date
End date
Allocate fishing rights in 9 fishing sectors (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics, Netfish) and Fish Processing Establishments (FPE).
Assess and make decisions on the submitted applications
Publish provisional successful list
Consider objections
Communicate final outcomes of decisions
DDG: FM; CD: MRM; D: Communications; D: Fisheries Legal Support; Service Provider -
1/12/2015
29/02/2016
CD: MRM
DDG: FM
S Ndudane
KCM Mannya
Receipt appeals in 9 fishing sectors (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics, Netfish) and Fish Processing Establishments (FPE).
Announce distribution and submission centres and call for appeals
Capture and audit data
Assess and make decisions on the appeals
Ministry; DDG: FM; D: Fisheries Legal Support; Service Provider
1/03/2016
30/06/2016
Minister
M Mannya

25. THANK YOU