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On 4 October 2013, applications for commercial fishing rights in 8 fishing sectors must be handed in. The fishing rights application process has been defined to date by substantial chaos, frantic deadline changes and no communication on key policy and process issues. Confusion and rumour have dogged the process to date.  However, a key problem that we highlighted at the very start of this process is that by adopting a frantically populist approach that every tom, dick and harry has a right to fishing rights (epitomised by the fact that the application fee was zero-rated and that application forms were being handed out in renowned fishing towns such as Mthatha which more than 200km from East London which itself has relatively poor fishing infrastructure!) one would run out of fish or vessels.  Of course the highly (unqualified) decision-makers at the Fisheries Department always new better. So while you can theoretically invite every tom, dick and harry to apply for fis...

The Marine Living Resources Act, 1998, Amendment Bill of 2013, has apparently been approved by Cabinet and is presently before Parliament.  Feike has a copy of the Amendment Bill and copies can be emailed upon request. The Amendment Bill  presented to Parliament is completely different to the dog's breakfast version that was published on 25 April 2013 for comment. Feike's brief comments on the initial draft Amendment Bill can be read here . The initial draft Amendment Bill was nothing more than a lesson in what constitutes appalling and amateur legal drafting and a lack of basic understanding of fisheries management. Everything from the poor use of (legal) language and formatting to the reckless removal of key provisions such as deleting reference to internationally accepted principles of sustainability and precaution.  The Amendment Bill (reduced from 48 clauses to just 7 clauses) seeks to effect two changes to the current Marine Living Resources Act. Both ...

Subsequent to our previous BLOG about the lack of clarity pertaining to the dates on which fishing right applications must be submitted, it has emerged that the Department of Fisheries quietly gazetted a notice on 22 August 2013 confirming that applications for fishing rights must be handed in between 23 September 2013 and 4 October 2013. It is vitally important to note that your application form must be handed in at the same venue from which you collected it. If you hand it in at another venue, it will be refused. Secondly, you must hand in your form on specific dates depending on where you live along the coast. For the exact dates and venues for the submission of forms, please contact Feike for a copy of the gazette.

The South African Maritime Safety Authority (SAMSA) announced today that the Minister of Environmental Affairs has authorised the dumping of some 10,000 tons of coal from the stricken MV Smart off Richards Bay.  According to SAMSA, the dumping has been authorised in terms of an "emergency" dumping permit. The question is, is this legally permissible?  Section 72 of the Integrated Coastal Management Act of 2009, permits the dumping of materials into the ocean on an emergency basis but only if -  the dumping of the materials is necessary to avert an "emergency that poses an unacceptable risk to the environment or human health and safety" . In other words, rather dump the polluting materials into the sea as opposed to dealing with a subsequent catastrophic environmental or human distaster. For example, rather sink the Kiani Satu in the deep as opposed to have her leak her oil onto a pristine coastline in a marine protected area; AND there is no other fe...

Feike has for some time been beating on the drum that DAFF's failure to obtain Cabinet approval for the current fishing policies is a violation of section 85(2)(b) of the Constitution and thus unlawful.  During a recent discussion about the fishing rights allocation process on SAFM, the Department's acting DDG for Fisheries, Desmond Stevens, stated that Cabinet approval is not required because the current policies make only minor changes to the 2005 policies and therefore Cabinet approval is not required! And Steven's statement is at odds with the Minister's won recent public statements where she has said that this rights allocation process and the policies are "historic" and will be completely different to previous processes.  I hope that Stevens and his Minister have a money-back guarantee on this nonsensical "legal" advice!  Cabinet approval is required even if minor amendments to the 2005 policies are sought because Cabinet approved ...

On 17 July 2013, the Fisheries Minister gazetted the times, dates and venues for the receipting of long term fishing right application forms in Government Gazette Notice 751 of 17 July 2013.  This Gazette specified that applications were to be collected from various locations between 22 July and 16 August. The Gazette also specified that applications must be handed in at the specific collection venues between 2 September and 13 September.  Paragraph 4.1 of the Gazette stated that the late submission of applications will be refused.   A letter (NOT an amendment Gazette) issued by the Fisheries Department on 22 August 2013 stated that the Minister of Fisheries had decided to extend the application receipting process to 6 September 2013. The letter is silent on a receipting deadline or process.  The Minister has not published an amendment gazette giving effect to the unsigned letter she issued on an ad hoc basis on 22 August 2013. Furthermore, the legal...