1. PRESENTATION TO THE PORTFOLIO COMMITTEE ON AGRICULTURE, FORESTRY AND FISHERIES 9 FEBRUARY 2015 FRAP 2013 Appeals & 2015/16 Fishing Rights Allocation Process

2. LIST OF ACRONYMS DPME = Department of Planning, Monitoring and Evaluation EoI = Expression of Interest FRAP = Fishing Rights Allocation Process FPEs = Fish Processing Establishments KZN = KwaZulu Natal LTRAMP = Long Term Rights Allocation Management Process (2005) MLRA = Marine Living Resources Act OCSLA = Office of the Chief State Law Advisor SACLA = South African Commercial Linefish Association SEIAs = Socio-Economic Impact Assessments SSF = Small-Scale Fisheries WCRL = West Coast Rock Lobster 2

3. PRESENTATION OUTLINE 1.Background 2.FRAP 2013 Appeals & 2015/16 Sectors 3.Commencement dates for 2016 fishing seasons per sector 4.General and Sector-specific Policies 5.Distribution and Receipting Process 6.Other Information 3

4. The Fishing Rights Allocation Process: 2013 Appeals 4

5. UPDATE ON FRAP 2013 APPEALS  During FRAP 2013, Eight sectors were allocated fishing rights.  By December 2013, the Department had received about 1200 appeals across the eight sectors.  In addition to this, a court case was brought against the Department by the South African Commercial Linefish Association (SACLA).  In June 2015, the Minister appointed a 3 person Advisory Team to asses the appeals for his consideration.  Appeals in seven sectors have been finalised and the appellants have all been informed of the outcomes.  The SACLA and the department reached an out of court settlement which detailed the way on how the matter was to be resolved.  Currently the appeals team is finalising these linefish appeals which should be completed by end of February 2016. 5

6. Background  During 2005/2006 the Department embarked on the Long-Term Rights Allocation Management Process (LTRAMP). In preparation for LTRAMP, the Department published a general policy as well as sector specific policies for 22 commercial fishing sectors.  At the conclusion of the LTRAMP process, rights were granted in terms of section 18 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998) (“the MLRA”) for periods ranging from 8; 10 and 15 years.  The rights that were allocated for 8 years (in 8 fishing sectors) expired during 2013 and were re-allocated in December 2013.  Rights that were allocated for 10 years have expired at various times during the course of 2015 (FRAP 15/16) 6

7.  Minister Zokwana announced that the fishing rights that were scheduled to expire at various times during 2015 in 10 sectors would be extended firstly until February 2016 and further to the end of the respective 2016 fishing seasons.  The 10 sectors are as follows: 1. Abalone 2.Hake Inshore Trawl 3.Patagonian Toothfish 4.Horse Makerel 5.West Coast Rock Lobster nearshore 6.West Coast Rock Lobster offshore 7.Seaweed 8.KZN Sardine Beach Seine 9.Large Pelagics 10.Netfish  Also, Fish Processing Establishment Rights (FPEs) will be re-allocated 7 FRAP 2015/2016 Sectors

8. COMMENCMENT DATES FOR 2016 FISHING SEASON PER SECTOR 8 SectorStart of the Fishing Season Netfish01/07/2016 WCRL (Nearshore)01/10/2016 Abalone01/11/2016 WCRL (Offshore)15/11/2016 Patagonian Toothfish01/12/2016 Hake Inshore Trawl01/01/2017 Horse Mackerel01/01/2017 KZN Beach Seine01/01/2017 Large Pelagic Longline01/02/2017 Seaweed01/03/2017

9. General and Sector-Specific Policies  Fisheries in South Africa are managed in terms of the General Fisheries Policy and 22 sector specific policies.  The Department published the revised General Fisheries Policy on 17 July 2013 in Gazette Notice No. 36675.  The Department published the amended 10 FRAP 2015 Sector Specific Policies; the draft Application Form; the proposed schedule of fees and the draft Fish Processing Establishment Policy for public comment on 12 June 2015 in Gazette Notice No. 38871  Public consultations were held in 32 venues around the country. 9

10. Distribution and Receipting Processes  The comments were analysed; the policies and forms were amended accordingly and subjected to legal vetting. The final policies, application forms and schedule of fees were gazetted on 16 November 2015 (Gazette Notice No. 39417).  On 2 November 2015 the Department announced that the distribution process would take place from 23 November – 11 December 2015 2015. Distribution took place at 32 venues around the country, including the inland provinces.  16 744 applications forms were distributed  The receipting process is taking place from 1 – 12 February 2016 (the Department agreed to move the receipting from 11 January in order to allow applicants more time to complete the application forms). Receipting will take place at 33 venues around the country, including inland provinces 10

11. OTHER INFORMATION PriceWaterHouseCoopers has been appointed to independently monitor the distribution process and to independently administer and control the entire FRAP 2015/16 process, including the finalisation of the appeals. An independent anonymous tip-off line has been set up and will be operational until the end of the appeals process. The Department is administering a call-centre/helpline that applicants can call for information and clarity on how to complete the application form(s). The Department has held a workshop where proposed resource splits / apportionment between the commercial, recreational and small-scale sectors were proposed for public comment and input. The Department held an Abalone Imbizo with interested and affected parties to discuss the future management of the fishery. It should be noted that the Minister has the final say in the resource apportionment of Global TAC which should not be confused with the annual Total Allowable Catch and Total Allowable Effort. 11

12. THANK YOU!!! FOR MORE INFO CALL – 021 402 FRAP (3727) Email FRAPPolicies2015@daff.gov.zaFRAPPolicies2015@daff.gov.za ANONYMOUS TIP OFF-LINE DETAILS Toll free number: 0800 203 785 Calls made to the toll free (0800) number are free when made from a landline. Fax number: 086 5222 816 Email address: information@whistleblowing.co.za Website address: www.whistleblowing.co.za 12 FRAP 2015/2016