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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...