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Minister Dion George of the Democratic Alliance has issued 11 ton hake long line fishing rights. Yes, you read that correctly. 11 tons. Of hake long line granted to new entrant, black-owned fishing companies!  If you are not familiar with fishing, an 11 ton hake long line fishing quota is worth about R80,000 annually, where vessels cost upward of R10 million (used and 50 years old); and processing and export costs would consume 50% of that income. 11 tons would be caught in approximately 10 hours of fishing.  Essentially, allocating 11 ton rights to right holders is effectively unlawful as those right holders can only ever be paper quota holders in violation of the MLRA and policies promulgated in terms of it.  It is inconceivable how Minister Dion George of the DEMOCRATIC ALLIANCE could allocate right holders such quotas particuarly since the Hake Long Line Fishing Policy states that the allocation of quota must " facilitate their meaningful participation in the fishery ...

We submitted the following comments on the draft fish processing establishment and transfer of commercial fishing rights policies.  The draft Fish Processing Establishment Policy In short, our comment is that the draft FPE policy is an anachronistic, archaic reproduction of past ANC-led fishing policy that has stifled and stunted economic growth and activity in the South African commercial fishing industry. The draft FPE policy ought to be binned in its current format. Our high-level comments follow.  1. Firstly, the draft policy records that there are currently approximately 346 (138 land-based, 198 vessel-based and a combination 10 of land based and vessel-based) right/exemption holders across the country. In short, the department simply does not know who or what is processing fish.  2  Secondly, the MLRA definition of “fish processing” is so wide that an FPE right and permit is legally required by every fish monger / fish shop, every retailer of seafood (Woolworth...

 On 23 July 2024, the President of SA assented to the Climate Change Act (22 of 2024). The Act will come into force on a date still to be determined.  However, the SA fishing industry is listed as a sector that will be subject to the setting of limits on the production of greenhouse gases.  Section 25(1) of the CCA states that " [t]he Minister must, within one year of the coming into operation of this Act, by notice in the Gazette, list the greenhouse gas emitting sectors and sub-sectors that are subject to sectoral emissions targets ." Section 26(1) states that " [t]he Minister must, by notice in the Gazette, publish a list of greenhouse gases which the Minister reasonably believes cause or are likely to cause or exacerbate climate change. "  Section 26(4) records that: " The thresholds contemplated in subsection (3)(b)— (a) must be expressed in carbon dioxide equivalents for carbon budgets and greenhouse gas mitigation plans and shall be applicable at comp...

For the first time ever, it now seems certain that the South African fisheries and environmental affairs ministry will be led by the Democratic Alliance.  I have previously written about what should happen IF the DA was to assume leadership of this ministry. Read that here .  It now looks certain that this will happen.  Sadly, a repeat of the clean-out of the corrupt and incompetent - similar to what happened in 1999/2000 - will be needed. The fisheries branch in particular will need to be re-constituted and re-engineered to ensure that it is able to grow our commercial fisheries sector; serve the fishing industry and fishing communities along our coast and protect our marine ecology from mining and unchecked illegal fishing.   The next week will be an important one for SA fisheries and environmental affairs. 

Will South Africa's Department of Forestry, Fisheries & Environment get a minister from the official opposition, Democratic Alliance, party?  South African fisheries management is in a depressed state and requires serious and substantial re-invigoration. What governance aspects and fisheries management areas should a new minister focus on in the first 100 days of office? These are my suggestions: 1.    New fisheries development and innovation: Lift the ill-advised moratorium on new fisheries development and urgently address the bureaucratic and unnecessarily complicated application to develop and innovate our fisheries. In short, the objective must be to ENCOURAGE expansion of our commercial fisheries and the size of the commercial TAC. And where existing right holders seek to invest in fisheries growth and innovation, make provision for levy rebates.  2.    FRAP Litigation: There are numerous cases still outstanding from FRAP 2016. These need to be res...

 In a review application involving traditional line fishers set to be heard before the Western Cape High Court this month, the Minister of Forestry, Fisheries and Environment, Barbara Creecy, states on oath that fishing rights are considered to be property rights and that these rights cannot be revoked or cancelled as that would amount to a violation of section 24 of the Constitution.  The Minister's attempt at framing fishing rights as property is convenient in that particular matter but it will certainly harm her interests in the various other review matters she is presently facing, most particularly her own "self-review" matter in the hake inshore trawl fishing sector. But members of fishing industry may want to interrogate this change of view by the Minister which effectively recognises your fishing rights as property rights no longer capable of "expropriation" without compensation as provided for in section 24 of the Constitution.  WC High Court Case: 17507...

 This is an update on litigation currently before our courts concerning FRAP 2021: 1. Squid Readers may recall that last year, SASMIA obtained an order against the Minister of Fisheries which required the Minister to redo her squid appeals. Essentially, the court held that the Minister's decisions to allocate rights to additional applicants during the appeals process without first consulting the successful applicants and right holders in the fishery constituted a violation of section 80(3) of the MLRA. Section 80(3) requires the Minister to consult with every party who has an interest in the matter before making decisions that would affect the rights and interests of existing right holders.  The Minister has until the end of April 2024 to remedy her unlawful appeal decisions and issue fresh appeal decisions .  2. Hake Deep-sea Trawl Learning from past mistakes is clearly not for our esteemed Minister and her legal advisers! ZWM Fishing has taken the Fisheries Minister to ...