The South Coast Rock Lobster QAM has been Set Aside: The Very Urgent Next Steps

 The Western Cape High Court on 19 August 2026 set aside Minister Creecy's South Coast rock lobster (SCRL) quantum allocation methodology (QAM), declaring the QAM to be an arbitrary and irrational decision. 

The order affects all current right holders in the fishery as their individual allocations have been declared to have been the product of an unlawful process. 

The 2026/2027 SCRL season commences on 1 October 2026 and Minister Maynier has to of course decide the season's total allowable catch before that. 

The Minister cannot decide next season's TAC allocations to right holders based on the current QAM because to do so would be unlawful. Accordingly, Minister Maynier will have to do the following without delay: 

1.    Develop a draft revised QAM based on the judgement;

2.    Issue the proposed draft QAM to all current right holders for comment. An expedited comment period would be justifiable given the fact that the season starts in just over 30 days;

3.    Finalise the revised QAM ensuring that it complies with the Risar Fishing judgement before 1 October 2026 so that SCRL fishing may commence on time. 

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