Fishing Rights Allocation Process (FRAP) 2013 and 2015/16

1. Fishing Rights Allocation Process (FRAP) 2013 and 2015/16 Implementation of the findings and recommendations of the Harris/Nupen/ Molebatsi & Emang Basadi Reports 24 OCTOBER 2017

2. Presentation Outline Background Findings and Recommendations of Harris Nupen Molebatsi Report Status of Implementation of Recommendation of Harris Nupen Molebatsi Report Status of Implementation of Recommendations of the Emang Basadi Report

3. Background FRAP 2013: Fishing rights were allocated to 8 commercial fishing sectors, namely KZN Prawn Trawl, Demersal Shark, Squid, Tuna Pole-line, Hake Handline, Traditional Linefish, White Mussels and Oystersduring FRAP 2013. The 2013 FRAP Process was the subject of controversy, with allegations and perceptions of irregularities, manipulation, unlawful or arbitrary decision making and un-procedural conduct. On top of that, the South African Traditional Linefishers Association brought an urgent application to set aside the allocation of Rights in the Traditional Linefish Sector. In light of these allegations and perceptions, Minister Joemat-Petterson commissioned an independent audit of the process to ascertain whether the concerns raised by certain parties in relation to the process had any substance and Harris Nupen Molebatsi Attorneys were appointed in February 2014. The findings are presented on slides No. 5 - 16.

4. Background (Continued) FRAP 2015/2016 Fishing rights were allocated in 9 commercial fishing sectors, namely Patagonian Toothfish; Hake Inshore Trawl; Horse Mackerel; Large PelagicsLongline; West Coast Rock Lobster (Nearshore and Offshore); Netfish; Seaweed; Abalone, KZN Beach Seine, as well as Fish Processing Establishments during FRAP 2015/2016. In order to ensure the Department’s (a) readiness to delivery on FRAP 2015/16; (b) to prevent the recurrence of the short-comings of the FRAP 2013 as identified by Harris et al and (c) to advise on how appeals should be handled, Minister Zokwana commissioned Emang Basadi to review and assess the Department’s capacity and work processes. The findings are presented on slides 17 – 19.

5. Findings and Recommendations The focus of the audit comprised of seventeen (17) critical areas that were prompted by either allegations or process mile stones. In each area, there were findings made and possible recommendations by the Auditing Team. Focus areas identified were: Validity of the Policies; The Application Forms; The Application Fee; Delegation of Powers; Appointment of independent Service Providers to assist with the Rights Allocations; Submission of Applications Anonymous Tip-Off Line Verification of Application Forms Frap Steering Committee Operations Allocations of TAC/TAE Determination of Ration between new entrants and existing right holders Exclusionary Criteria Balancing Criteria Sampling Exercise Notification of Decisions Grant of Right Fee Appeals

6. Recommendations and Status

7. Recommendations and Status

8. Recommendations and Status

9. Recommendations and Status

10. Recommendations and Status

11. Recommendations and Status

12. Recommendations and Status

13. Recommendations and Status

14. Recommendations and Status

15. Recommendations and Status

16. Recommendations and Status

17. Emang Basadi Recommendations

18. Emang Basadi Recommendations

19. Emang Basadi Recommendations

20. Acronyms CAF Consultative Advisory Forum DAFF Department of Agriculture, Forestry and Fisheries FRAP Fishing Rights Allocation Process TAC Total Allowable Catch TAE Total Allowable Effort PAJA Promotion of Administrative Justice Act MLRA Marine Living Resources Act SACLA Southern African Computing Lecturers' Association

21. Thank you