~

This article appeared on www.timeslive.co.za on 1 February 2012. Three rhino poachers were sentenced to 25 years each by the Phalaborwa Regional Court on Tuesday, said a SA National Parks (SANParks) spokesman. The three, all Mozambicans, were found guilty of illegally hunting rhino in the Kruger National Park in July 2010. SANParks CEO David Mabunda said the sentence was harsher than it had been in other similar cases. "This is an indication that, as a country, we are taking more stringent measures in the fight against rhino poaching," he said. Aselmo Baloyi, Jawaki Nkuna and Ismael Baloy were also found guilty of possessing an illegal firearm (an automatic rifle), possession of a firearm (a hunting rifle) and possession of ammunition. They were caught with two freshly chopped rhino horns, an assault rifle, a hunting rifle and an axe. Mabunda said that last year 232 suspected poachers were arrested, including 26 who died in fights with the authorities.

The Western Cape High Court this morning decided to not extend the temporary interdict granted against certain Zone C and D abalone right holders by Judge Davis last week. The temporary interdict was applied for by right holders in Zones E, F and G who are seeking a court order to require the Fisheries Minister to adhere to and implement the 2003 Abalone Fishing Policy. The Minister has essentially admitted that her department no longer implements the abalone fishing policy but believes that the policy is not binding on her or her officials and that it is merely a guideline.

A South African fishing company is urgently seeking a partner who will be able to harvest, process and market its tuna and swordfish long line fishing quota for the current 2012 season. Interested parties can contact Feike's Shaheen Moolla directly.

Justice Dennis Davis this afternoon granted an interim interdict against those Zone C and D abalone right holders that were allowed to fish their quotas in Zones F and G. The interim interdict will apply until such time as a proper determination of the actual interim interdict application can be made. This application will be heard on Thursday 26 January 2012. The effect of the order is that the Department of Fisheries must ensure that all Zone C and D right holders who were allowed to fish in fishing Zones F (Robben Island; launch site OPBC) and G (West Coast) must be prevented from fishing in these 2 zones. The Applicants, who are Zone E and G abalone right holders are advised by Feike and are represented by Shaun Hangone of Von Lieres, Cooper, Barlow & Hangone Attorneys. Applicants' counsel is Adv Darryl Cooke of the Cape Bar.

The fisheries department is clearly seriously peeved by allegations that they will not be ready for the allocation of fishing quotas in 7 fishery sectors involving more than 1000 quota holders in 2013. They issued a strongly worded statement as follows: "The Department of Agriculture, Forestry and Fisheries (DAFF) takes strong exception to any attempt by anyone who knowingly and intentionally spreads misinformation aimed at causing instability in a very important economic sector; the fishing industry. Quoting unnamed “reports” that allegedly “indicate that the Department of Fisheries has made no apparent attempt to commence with the process of renewing fishing licences, despite the renewal date for fishing quota allocations being less than a year away”, is not only far from the truth but also extremely reckless and irresponsible and such fallacies also have the potential to cause panic amongst investors and stakeholders. We are acutely aware of the timelines and with the rights of...

Feike reported in 2011 that the Minister stated in Parliament that her department confiscated 591 tons of abalone during the 2010/2011 financial year. As we reported then, this staggering admission destroyed all the department's attempts at whitewashing poaching and confiscation figures. Based on the Department's own repeated admissions that it confiscates between 10 and 15% of all abalone poached, this means that between 4000 tons and 5900 tons are actually poached. This is a simplistic and extremely conservative number as we do not factor in what percentage of the 591 tons of confiscated product is dried or frozen. Based on the Department's average sale price achieved during the secret November 2011 abalone auction, 4000 tons of abalone would be worth an astronomical R8billion. In a High Court application involving abalone right holders (26160/2011), the Minister and the Acting DDG re-confirmed that the fisheries department confiscated 591 tons of abalone. 591 tons would ...

Feike understands that the Acting DDG of Fisheries has decided to not extend the WCRL recreational fishing season.

Right holders in the Cluster A and B sector fisheries would have by now received correspondence from the Fisheries Branch on their performance measuring submissions which were lodged with the department back in 2010. The correspondence confirms that the results of the performance review do not constitute administrative action for the purposes of the Promotion of Administrative Justice Act, 2 of 2000 and that should right holders wish to object to any of the assessment data, that these objections may be lodged with the department and will be kept on file. Whether or not the assessments constitute "administrative action" that is reviewable is debatable. The assessments would not constitute administrative action only if the assessments are not used to directly affect the rights of quota holders. In other words, should the department use the assessment results to reduce, cancel or revoke a quota subsequent to a section 28 process or not re-allocate a fishing permit, then the asse...

Read the expose on illegal fishing permitted by DAFF and its Fisheries Minister on the Afri-Oceans page - http://www.aoca.org.za/pages/3722/minister-allows-illegal-fishing-in-mpa - and leave your comment which will be sent to the Minister.

Feike and AfriOceans are in possession of a series of emails between staff at the Fisheries Branch confirming that a request by an unknown person or group came via the Fisheries "Ministry" in December 2011 seeking permission to use gillnets for fishing in Zone B of the Langebaan Marine Protected Area (MPA) until 31 January 2012. Zone B of the MPA is closed to fishing except to a limited number treknetters who hold long term fishing rights. The emails confirm that there was no consultation by the Fisheries Branch on the decision to permit fishing in the MPA. Critically of course, the Fisheries Branch and its Minister does not have any legal jurisdiction over MPA management as this authority vests with the Department of Environmental Affairs. It would clearly appear that the rule of law, legality and responsible fisheries practices are simply of no interest to the Fisheries Branch and its increasingly woeful, absent and irresponsible Minister. The Minister and her department...

The Recreational Fishing Services, which is a voluntary association of recreational lobster and angling fishers, has requested that the Fisheries Minister extend the current recreational lobster season. Their request is motivated by three reasons, being the following: 1. The public has never been properly advised of the new lobster fishing season. To date the Fisheries Department's website only reflects the 2010/2011 season and the Minister has never made any public statement on the new lobster season. 2. It would appear that DAFF failed to issue recreational lobster permits to all Post Offices. The Recreational Fishing Services undertook a snap survey and found only 3 of 16 Western Cape Post Offices with recreational lobster permits. 3. The bad weather experienced since the opening of the season has cut fishing time by between 50% and 60%, which means a large proportion of the recreational lobster TAC remains in the water. There is no reason why the season should not be ...

It would appear that officials at the Fisheries Department are either willfully or through ignorance incorrectly advising right holders that the "abalone fishery will be closed on 17 January 2012". This is not correct . The interim interdict that is being applied for seeks to stop those Zone C and Zone D right holders who fish in Zones F and G ONLY from fishing in Zones F and G. In other words, right holders in Zones A, B, C (those that dont fish in Zones F and G), E and G will not be affected and regardless of whether the interdict is granted, they will be entitled to fish their quotas as per their current permit conditions.

On 23 December 2011, the Fisheries Branch issued to right holders in the Cluster A and B fishery sectors correspondence regarding the outcome of the performance review process.

Abalone right holders in Zones E, F and G have applied on an urgent basis to review and set aside the decision of the Minister of Fisheries to allocate the 2011/2012 abalone TAC in contravention of the abalone policy. The abalone right holders from Zones E, F and G appointed Feike and attorneys firm Von Lieres Cooper Barlow Hangone to advise them on their application. The right holders are represented by Advocate Darryl Cooke. The application will initially seek an interim interdict against certain Zone C (Hawston and Hermanus) and Zone D (Kleinmond) abalone right holders who are allowed to fish abalone in Zones F and G. The interim interdict application will be heard on 17 January 2012.