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Showing posts from December, 2023

Attention All Category B Right Holders in the Hake Inshore Trawl Fishery!

 On 17 November 2023, the Fisheries Minister launched an urgent interdict application that sought to stop ALL Category B right holders in the hake inshore trawl fishery from fishing in 2024. She wanted the courts to interdict her staff from processing and issuing hake inshore trawl permits and to stop all Category B's granted permits from fishing.  The interdict application was opposed by a number of Category B right holders for obvious reasons.  Arguments in this application were heard on Thursday 14 December 2023. The Minister conceded that her request to interdict every single Category B right holder would be over broad and the court would never permit this. Effectively, the Minister conceded that right holders LETAP CC, Mayibuye Fishing, Fisherman Fresh CC, Premier Fishing, Full Deck Investments, Dazelle Traders & Offshore Fishing would always qualify for a right despite any attempts by her to re-score their applications.  We have now been told that the Depar...

#FRAPFAILURE: A Summary of FRAP Court Cases Against the Fisheries Minister

The Fisheries Minister presently has more than a dozen court cases challenging her FRAP 2016 AND FRAP 2020 appeal decisions.  Hake Inshore Trawl   Here the minister currently faces review cases by Hacky Fishing, Sevlac Investments and Letap . In the Hacky matter (which the Minister remain in contempt of a court order from September 2022), the Minister has attempted to self-review her hake inshore trawl decisions - effectively admitting that she and her advisors have repeatedly acted unlawfully when scoring Category B applicants in that fishery.  We have referred to the Minister's conduct as being an example of a "scorched hake" policy as she seeks to stop all Category B right holders from fishing so she can re-score their section 4 "suitable vessel" access data even though their rights have not been reviewed and set aside by any court of law.  So in this fishery where rights were first allocated 7 years ago, this Minister admits she still cannot score a single s...

Finally. Months Late. The (Unlawful) Small Pelagic Appeal Decisions

On the evening of 22 December 2023, the Fisheries Minister issued her appeal decisions in the anchovy and pilchard fishing sectors. The decisions came almost 18 months after the appeals were filed and three months after the Minister first undertook to make these decisions public by 30 October 2023. The Minister's decisions are yet again an example of poor decision-making coupled with appalling contempt for the fishing industry. The pilchard decisions published lacked the full record with dozens of appellants' names missing from the decision table. A "corrected" decision table was later added to the Department's website but does not record an apology from the Minister or any written confirmation that this is the actual set of decisions taken by the Minister. It is effectively an anonymous set of appellant names.  Substantively, the Minister granted a total of 80 anchovy rights and 67 pilchard rights.  Pilchard rights * 60 category A * 3 category B * 4 category C An...