Do Quota Holders Need a Fishing Permit to Fish?

We have a received a number of queries from quota holders (both companies and individual fishers) enquiring as to whether they require a permit to fish. 

Quota holders whose rights expired at midnight on 31 December 2020 have been exempted from the provisions of section 18 of the Marine Living Resources Act until midnight on 31 December 2021. This means that these quota holders can continue fishing DESPITE not having a valid commercial fishing right issued in terms of section 18 of the MLRA. 

Abalone quota holders have been operating without section 18 "rights" since 2013. "Interim relief" quota holders have been doing so since 2007/2008! 

Accordingly, this exemption covers not having a right. And every quota holder whose right expired on 31 December 2020 can continue fishing as if their rights were issued in 2005 and 2013 as being valid until 31 December 2021. 

What about the actual annual fishing permit issued every year in terms of section 13 of the MLRA? On 25 November 2020, the Minister and her department issued an exemption to ALL fishers (foreign, commercial and recreational) that exempts them from requiring a section 13 fishing permit until the end of February 2021. 

Accordingly, you don't need a section 13 fishing permit to fish your quota until at least 1 March 2021.  However, the 25 November Exemption obligates fishers to comply with the 2020 permit conditions, including that they must pay their levies and report fish landings. 

POSTSCRIPT: We have been informed by members of the tuna long line industry that the department's compliance personnel require "proof of application for a fishing permit", a copy of the 25 November Exemption Notice (why this is, is baffling! Does the compliance department not know the content of their own department's exemption notice?) and the 2020 fishing permit. These requirements are unlawful and ultra vires the authority of any compliance officer or departmental manager to try and make up rules. They lack this authority. They can be ignored. The 25 November Exemption Notice did not specify any such conditions and requirements.

Civil servants cannot make up rules and requirements as they choose.