Creecy takes decisions in FRAP 2021/2022 appeals process

Tuesday, November 7, 2023

Minister of Forestry, Fisheries and the Environment Barbara Creecy has issued her decisions on appeals that were submitted against the decisions of the Delegated Authority in the Hake Longline (HLL) Sector, in terms of the Fishing Rights Allocation Process 2020/2021 (FRAP 2021).

The Minister’s General Published Reasons for her Appeal Decisions in the Hake Longline Sector: 2021/2022 will be published on the department’s website.

The department will provide appellants with the outcome of their individual appeals in due course.

In addition, rightsholders will be able to access the FRAP Online Portal for their grant of rights letters, which will be uploaded shortly.  

“In my consideration of these appeals, I balanced a wide range of factors, including the principles and objectives of the Marine Living Resources Act 18 of 1998 (MLRA), the 2021 General Policy on the Allocation of Commercial Fishing Rights and the sector specific policy on the allocation of commercial fishing rights in the Hake Longline sector: 2021.

"I was cognisant of the need to introduce new entrants into the sector to broaden access to the fishing industry and to promote transformation of industry,” Creecy said on Tuesday.

On appeal, an additional eight Category A, 2 Category B and 6 Category C applicants were awarded rights.

To facilitate the admission of the successful appellants into the sector, it was necessary to reduce the Total Allowable Catch (TAC) allocated to category A applicants and to redistribute the TAC in an equitable manner, whilst ensuring that no rightsholder’s TAC falls below the minimum allocation.

“In my determination on the reduction of the TAC and the redistribution thereof, I was mindful of the need to ensure stability in the sector, so as to minimise any negative impact on existing participation in job creation, and to avoid any job losses.

“In addition, the limited availability of TAC required that I exercise my discretion on the distribution of the resource in a manner that ensures sustainable development of the natural resource, whilst ensuring that rightholders are able to sustain themselves.

“I am satisfied that based on a careful consideration of the appeals, I have arrived at the correct decision on each appeal and for the sector as a whole,” the Minister said.

The department is endeavouring to finalise the Sardine appeals (169 appeals) by 25 November 2023 and the Anchovy appeals (230 appeals) by 30 November 2023, so that the process is finalised before the commencement of the next fishing season for each of these sectors on 15 January 2023.

Link to the General Published Reasons (GPR): https://www.dffe.gov.za/sites/default/files/legislations/appeals/04nov2023gpr_hakelongline.pdf. - SAnews.gov.za