As traditional linefishers who were successful in their 2021/22 Fishing Rights Allocation Process (FRAP) application start to get ready for the traditional snoek run, those who weren’t so fortunate are preparing for a lengthy appeals process.
Marred by delays, the 2021/22 FRAP in the nine commercial fishing sectors (hake deep-sea trawl; hake longline; south coast rock lobster; small pelagic; Kwa-Zulu Natal crustacean trawl; demersal shark longline; squid; tuna pole-line and traditional linefish) due for re-allocation was finally completed on Monday 28 February.
Last week, the Minister of Forestry, Fisheries and the Environment, Barbara Creecy, urged applicants dissatisfied with the FRAP process to lodge an appeal from Tuesday 29 March to Friday 29 April.
“The appeal may be lodged against an exclusion, a refusal to grant a right or against the decision, process, and/or methodology on quantum or effort.
“The minister, as the appeal authority, will consider the facts and supporting documents as presented by the appellant as they were at the closing date for applications and will not take into account facts that came into existence thereafter,” a statement released by the Department of Forestry, Fisheries, and the Environment (DFFE) read.
But while all of this “considering” is happening, previous license holders wholly reliant on commercial traditional linefish as their main source of income will find themselves blocked from the sea exactly at that time of the year that is most lucrative for fishers: the Lamberts Bay snoek run.
Every year, the snoek migrate south from St Helena and Lamberts Bay down south to the Cape during the start of winter.
Depending on the weather, the snoek usually hit Lamberts Bay between April and June.
Roland Wichman, who has held a right in the traditional linefish sector for the past eight years, explains that the snoek run is vital where linefish is concerned.
“If we miss out now, then our whole year is messed up. The snoek season carries us through the year,” says Wichman.
As part of FRAP, the traditional linefish sector is divided among three zones: A, B and C with zone A covering the area from Port Nolloth to Cape Infanta. Under each zone, there are three categories: A, B and C.
According to the DFFE’s general published reasons (GPR) for their decision on the allocation of 2021/22 Fishing Rights and Effort in the commercial traditional linefish sector category, category A applicants were those who held a right in the traditional linefish sector between 2013/2014 and 2020/21.
Applicants who received traditional linefish fishing rights as a result of transfers under Section 21 of the Marine Living Resources Act, (Act No. 18 of 1998) at any stage during the period 2013/2014 to 2017/2018 (February 2018) were also considered under this category.
Category B applicants were those who did not hold rights in the traditional linefish sector between 2005/06 and 2020/21 but who did hold rights in other fishing sector/s during this period.
Category C applicants were those who did not hold a right in any fishing sector between 2005/06 and 2020/21. Applicants who received traditional linefish fishing rights as a result of transfers under Section 21 were also considered under this category.
Of the 616 applicants received in zone A alone, only 215 were successful.
In zone A, category A, there were 152 applicants. Of them only 97 were successful, leaving 55 previous right holders effectively without a means to earn an income.
Exemptions were granted to existing operators in the fishing sectors that were due for re-allocation while the FRAP process was ongoing but after the process was concluded at the end of February, those fishing under the exemption were given three days to cease operations.
People’s Post recently met with Wichman and four other former right holders – Reagan First-Knight, Charles Rudolph, Rashad Clarke and Charmaine Daniels – in Hout Bay.
All five fall in zone A, category A. All are boat owners with a crew. All have been active in the industry for years and all of them rely on commercial traditional linefish as their main source of income. None of them will be able to participate in this year’s snoek run, or go to sea using their boats, for that matter while they wait for their respective appeals to be reviewed.
Rudolph says that even if they end up being successful in their appeal, it will be too late for the snoek run. He says an exemption should have been put in place while the appeals process is ongoing to safeguard their livelihoods.
“Especially considering that each of our boats in turn provides work for others, which can be up to 12 households per boat (a 12-man boat). Has DFFE considered this?”
Albi Modise, chief director: communications and advocacy: DFFE, says they have.
“The department has considered the request and such requests did not only emanate from the traditional linefish sector. Regrettably, the department could not concede to the request because if the exemption is granted, the number of exemption holders (both successful applicants and unsuccessful applicants) will not only set a bad precedence but also exceed the approved effort, resulting in overfishing,” says Modise.
Against all odds
Making the situation even more dire is the fact that among the hundreds of unsuccessful applicants (401 in total) in zone A who may appeal, only nine can be successful. The Traditional Linefish Total Allowable Effort (TAE) for traditional linefish is set at a maximum of 455 standard vessels for all three zones.
Of this number, 340 standard vessels are allowed for zone A. The TAE reserved for zone A until the finalisation of the appeals process is nine.
“So what will happen if more than nine applicants from zone A are successful in their appeal?” asks Rudolph.
Modise says the appeals process is intended to afford an opportunity to any applicant or affected or interested person not happy with the decision of the delegated authority, to present to the appeals authority (Creecy) facts that were not considered by the delegated authority in arriving at his or her decisions.
“Reasonable effort has been taken to ensure that administratively, there are no errors in the decisions of the delegated authority. There would not be any additional effort allocated above the approved effort of 340 vessels for zone A,” he says.
