Tuesday, May 3, 2011


The fisheries department announced in April that it had completed the analysis of the performance-related data submitted by the cluster C and D fisheries in 2009 - yes it was all the way back in 2009! In a rather complex worded letter for these sectors, the DAFF notes that as the results of the performance review do not constitute "decisions", they are not reviewable and instead only once "decisions" are taken to act in terms of section 28 of the Marine Living Resources Act (MLRA), can right holders invoke their respective rights to appeal or review decisions taken, as the case may be.

It has been brought to our attention that the performance review results for a number of right holders contain substantial errors. In addition, as these results are now completely out-of-date and largely irrelevant, right holders will have to be vigilant and ensure that all errors are addressed as there is little doubt that as the DAFF continues to display the hallmarks of a failed government regulator, these outdated and error-filled analyses will harm future quota applications.


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