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The Fisheries Department has announced the TAC for the 2015/2016 lobster fishing season. The global TAC has been set at 1924.45 tons which translates to a 6.83% increase when compared to the  2014/2015 lobster TAC. The global TAC for the 2015/16 west coast rock lobster fishing season has been apportioned as follow: ·        Commercial Fishing (Offshore): 1243.48 tons (previously 1120.25 tons); ·        Commercial Fishing (Nearshore): 376.10 tons (previously 376.10 tons); ·        Subsistence (Interim Relief Measure) Fishing: 235.30 tons (previously 230.10 tons);  and ·        Recreational Fishing: 69.20 tons (previously 69.20.5 tons) The 2015/16 west coast rock lobster recreational fishing season will open on Sunday, 15 November 2015 and will close on Sunday, 28 March 2016. The 2015/16 WCRL recreational fishing effort will be restricted to 21 days and will be split as follow: ·   ...

As we approach the possible commencement of the 2015/2016 fishing rights allocation process, Feike has been approached by a number of current right holders and potential new entrant applicants / investors wanting advice on preparatory steps that they should take in anticipation of the next fishing rights allocation process. We have also been made aware of a number of "consultants" emerging to provide advice on completion of future application forms. The rate at which these "consultants" will emerge will surely gather momentum once greater clarity and certainty is available regarding the 2015/2016 rights allocation process. As has been the case with past fishing rights allocation processes, Feike does not assist with the completion of forms and neither do we advise individual applicants on preparatory steps and measures. In deserving cases, we may provide legal and fisheries advice on a pro bono basis. Accordingly, we can dispense the following advice without b...

The Acting DDG of the Fisheries Branch, Ms Siphokazi Ndudane, has extended the 2014/2015 abalone season to the end of September 2015. The decision to extend the season, which normally ends at the end of July each year, was in response to a request by two current abalone divers, Messrs Michael Wurbach and Scott Russell. The decision to extend the abalone season was justified because of the delayed commencement of the 2014/2015 abalone season and fewer than normal fishing days during the season because of bad weather. The extension however only applies to those abalone divers who had not harvested their own individual fishing quotas by 30 July 2015. The current abalone transport and fishing permit conditions will continue to apply.

This is the official press statement issued by the Minister of Agriculture, Forestry and Fisheries on 18 August 2015. The purpose of this media statement issued by the Minister of Agriculture, Forestry and Fisheries, Mr Senzeni Zokwana, is to inform the South African public and the fishing industry in particular of the Minister’s decisions on appeals filed against decisions taken on 30 December 2013 in the KwaZulu-Natal Prawn Trawl fishery. The Minister will over the coming 8 weeks be issuing his decisions on appeals in the remaining 7 fishing sectors that were decided under the 2013 Fishing Rights Allocation Process (FRAP 2013). True to the Minister’s commitment to redress the various concerns and problems that had plagued the FRAP 2013, the Minister has appointed three non-departmental officials to an Appeals Advisory Team to advise him on the FRAP 2013 appeals. These individuals include Advocate Shaheen Moolla; Professor Julian Smith and Attorney Mamakhe Mdhluli. On Tuesday 11...

Please accept my apologies for temporarily abandoning our blog postings. As readers, clients and followers of the Blog are no doubt aware, I have been appointed to advise South Africa's Fisheries Minister on the administrative appeals lodged against decisions taken during the 2013 Fishing Rights Allocation Process (FRAP). I am part of a 3-person advisory team, which includes an attorney - Ms Mamakhe Mdluli - and Prof Julian Smith, who served as Vice Rector of Stellenbosch University. Since having commenced our brief to advise on the appeals that have been submitted, it became apparent that appellants were entitled to access a number of records and documents to which they had not had prior sight of in order to lodge proper appeals. Access to these records is presently being provided and appellants have been given until 16h00 on 31 July 2015 to supplement the appeals they had lodged in early 2014. In addition, the Minister is presently engaging with the SA Commercial Linefisher...

The prospects for the 2015 KwaZulu-Natal beach seine fishery are looking very promising. The KZN beach seine fishery is a tiny small-scale commercial fishery comprising 24 quota holders. Their 10-year fishing rights are set to expire on 29 February 2016. The Fisheries Department is currently preparing for the re-allocation of fishing rights in this sector, as well as in 9 other commercial and small-scale commercial fisheries. The fishery is completely dependent on the annual sardine run - also known as the "Greatest Shoal on Earth" - and sardine shoals coming sufficiently close to shore to be harvested by the crate load. Quota holders were achieving good prices as at yesterday of R800 / crate. Each crate carries 40kg of sardines.

On 17 April 2015, the Fisheries Department (DAFF) issued a press statement confirming that the Fisheries Minister is set to process all appeals lodged against decisions taken in terms of the 2013 Fishing Rights Allocation Process, except for those appeals lodged in the traditional line fish sector. The line fish appeals cannot be considered in light of a current court order authorising all long term line fish right holders (as at 31 December 2013) to continue to operate until such time as the judicial review application is finally decided. However, with respect to the appeals lodged in the remaining 7 sectors, including Hake Handline, Oysters, Mussels, KZN Prawn Trawl, Demersal Shark, Tuna Pole and Squid, appellants must note the following: 1. The Harris Nupen Molebatsi report confirmed that in so far as the appeals process is concerned, the Department’s refusal to make available all scoresheets and application forms pertaining to all other applicants in the fishery concerned is u...

During March 2015, the Fisheries Department published an "Aquaculture Concept Bill" for public comment. The "concept" bill is really a very rough and incomplete draft set of ideas on fish farming regulation, which should eventually evolve into a white paper, then a draft Bill and perhaps thereafter an Act.  However, the fact that DAFF published such a draft straw document is to be commended! This is how a government department is supposed to conceptualise and prepare complex policy ... by seeking  inputs from the public at the very conceptualisation of policy and ideas. This is what is required when preparing fishing policies and fishing rights allocation processes!  The aquaculture concept bill is clearly a response to Government's latest big plan - Operation Phakisa - which has committed to increasing current farmed fish production levels (±3000 tons annually) to a whopping 90,000 tons within less than two decades. Coupled to this, Operation Phakisa a...

Over the past few days, I have repeatedly been asked for my analysis of and what my understanding of the Draft Small Scale Fisheries Regulations, policy and roll-up plan are. The implementation of the Policy and Regulations is popularly justified as being the panacea for small-scale fishers and fishing villages. In particular, there has been substantial rhetoric about allocating small-scale fishing rights exclusively to co-operatives comprising hundreds and thousands of "fishers". We are told that the intention is to accommodate a whopping 30,000 "fishers"! The reality of course is that what we will achieve is poverty and resource destruction on a coastal scale.   Don't believe me? Well, its awfully simple to understand. Fact. We currently have some 2200 small scale fishers fishing for abalone, line fish, lobster, hake handline, mussels and oysters.  Fact.   The hake handline fishery is an extremely seasonal 3-month long fishery that operates i...

It now emerges that in addition to the much talked about Harris Nupen Molebatsi Report on FRAP 2013, the Fisheries Department commissioned a second report by an unknown legal and forensics firm who styles itself as " Emang Basadi Legal and Forensics (Pty) Ltd ". The Basadi report appears to not only be a report on the Harris Report, but it also seeks to provide some level of analysis with regard to the department's state of readiness with respect to preparing for the allocation of fishing rights in those fisheries where rights are set to expire in 2015 (now extended until 29 February 2016).  Not having ever heard of  Emang Basadi Legal and Forensics (Pty) Ltd  before, a cursory web search does not reveal anything about such a firm, let alone that they have any prior experience or knowledge of fisheries management, quota allocations or are in any way experienced in fisheries administration. Which is bizarre when they are essentially trying to advise DAFF whether it is...

The Sunday Times yesterday published its analysis of the Harris Nupen Molebatsi Report into the 2013 Fishing Rights Allocation Process, which we have long said was an unmitigated failure and denial of due process to thousands of traditional small-scale fishermen and their crew. Although Feike had published our analysis of the Findings and Recommendations Chapter of this report  back in March 2014, the complete report was only made public last week after the Portfolio Committee on Fisheries demanded that DAFF make the full report available. Although DAFF relented by making the 120 page report available, none of the annexes were included. We understand that DAFF will not be allowed to table its budget vote this coming week unless all the annexes are provided to the Portfolio Committee.   The 120-page Report does however detail a travesty of farcical errors, manipulation of outcomes and a litany of abuses of the rule of law. It confirms that the planning for the 2013 rig...

The South African United Fishers' Front (SAUFF) has called for the immediate postponement of the consultation process on the draft small scale fisheries regulations.  The draft regulations were recently promulgated for a 30-day comment period, which considering the extent of the regulations (57 pages), and the profile of the parties that are directly affected, such an abbreviated comment period is grossly unfair and prejudicial to small-scale fishers.  This is the un-edited version of the SAUFF statement issued on 15 March 2015.  Call for the IMMEDIATE SUSPENSION/POSTPONEMENT of DAFF consultation processes in respect of the Proposed Regulations relating to Small-scale Fishing (Gov Notice No.38536 dated 6 March 2015) These proposed regulations are clearly intended to legitimize the small scale fisheries implementation plan.  For stakeholders to participate in any meaningful way it would be imperative that they (those directly affected by these regulat...

On 15 December 2014 and again on 10 February 2015, a select group of members of the South African fishing industry were invited to meetings with the Fisheries Department and the Fisheries Minister where the industry was briefed on issues afflicting the management of our commercial and small-scale fishery sectors. The meeting on 10 February 2015 was led by the Fisheries Minister himself but was held a mere 18 days before the expiry of ten-year fishing rights in the high-value, capital intensive tuna long line fishery.  At the 10 February 2015 meeting the Fisheries Minister announced that “… he will exempt all right holders whose rights are due to expire in 2015 from section 18(1) of the Act.”  The Minister further stated in his press statement that “[t]his exemption will grant an extension for a period of one year.” The facts are however quite different. The only fishery that will benefit from a 12 month "extension" is the tuna long line fishery. The majority of f...