I have recently received a comprehensive independent audit report on the Fishing Rights Allocation Process (FRAP2013).
The report was compiled, at my request, by HNM Attorneys following an unusual number of appeals as well as various concerns expressed by fishing communities and in the media. The audit involved an interrogation of the legislative and regulatory compliance of each step of the process, as well as an examination of a sample of the applications and allocations in each of the eight fishing sectors (KZN prawn trawl, tuna pole, hake hand-line, squid, demersal shark, traditional line-fish, white mussels, and oysters).
This audit will be released shortly. The Listening Campaign which I initiated, as well as the appeals that I have received as the appeals authority in terms of the Marine Living Resources Act, 1998, have provided further information, which has been taken into account. This audit report shows that, despite many allegations, no evidence could be found that the process had been deliberately manipulated or had been corrupt.
Regrettably however, it reports that FRAP2013 process did not make sufficient use of legal advisers, which has resulted in a number of potentially fatal weaknesses. It also appears that some of the essential policy criteria did not find their way into the assessment process or were inconsistently applied across the all sectors.
I have been advised that it will not be possible to rectify the shortcomings by way of individual appeals or to defend the allocations in court challenges, of which one has already been instituted and others expected. Such legal challenges would put the entire FRAP2013-process and outcomes at risk.
In order to avoid continuing uncertainty, and to pre-empt further legal challenges, I intend to set aside the entire FRAP2013-process, including all decisions and outcomes. I have accordingly directed that the requisite legal steps be initiated in order for this to happen. This may also include representations from affected parties.
I expect the new process to be expedited so that the situation can be normalised as soon as possible.
Pending the new allocation decisions, those who were allocated rights in terms of FRAP2013 may continue to exercise these rights in the meantime, while former rights holders who lost out in FRAP2013 can apply for an exemption to continue fishing.
I would like to assure all interested parties and stakeholders that these interim arrangements will be done with due regard for the limited resources and we will do whatever necessary to ensure that these arrangements will not adversely impact on our various resource recovery plans or the current total allowable catches of total allowable efforts.
