FISHING RIGHTS ALLOCATION PROCESS (FRAP) 2013 & 2015

FISHING RIGHTS FISHING RIGHTS ALLOCATION PROCESS ALLOCATION PROCESS

(FRAP) 2013 & 2015(FRAP) 2013 & 2015

CONTEXT AND BACKGROUNDCONTEXT AND BACKGROUND

Before the promulgation of the Marine Living Resource Act (MLRA, 18 of 1998), the

Department of Agriculture, Forestry and Fisheries (Branch: Fisheries Management)

granted fishing “quotas” under the Sea Fisheries Act.

Currently, Section 18 of the Act now provides for the allocation of fishing “rights”. The

legal nature of the “right” allocated under the Act is similar to the “quota” allocated under

the Sea Fisheries Act.

The “rights” allocated under the Act are not property rights but is in the nature of a

statutory permission to fish for a certain period of time.

The fishing sectors that are now due for the allocation of fishing rights were allocated

rights between ten and fifteen years.

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Also Fishing rights were allocated to 8 commercial fishing sectors, namely KwaZulu-

Natal Prawn Trawl, Demersal Shark, Squid, Tuna Pole-line, Hake Handline, Traditional

Linefish, White Mussels and Oysters in 2013 (FRAP 2013)

However, this process was the subject to controversy with allegations and perceptions of

irregularities, manipulation, unlawful or arbitrary decision making and un-procedural

conduct. Over and above, the South African Traditional Linefishers Association brought

an urgent application to set aside the allocation of Rights in the Traditional Linefish

Sector

As a result the previous Minister set aside the FRAP 2013 and instituted an audit by

Harris, Nupen and Molebatsi Attorneys in February 2014

The findings of this audit were then sent by department to the State Attorney for an opinion

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CONTEXT AND BACKGROUND Cont…CONTEXT AND BACKGROUND Cont…

Subsequent to FRAP 2013, Emang Basadi Legal and Forensic Services (Emang

Basadi) was appointed to conduct a review and assessment of the following:

Capacity and work processes in the department, including line and support functions,

business processes, and external support required to ensure that the department is

prepared and has the necessary capacity to commence and finalise the fishing rights

allocation processes (FRAP 2013 corrective actions and FRAP 2015/2016)*; and

To make recommendations as to what further capacity and resources are required to

effectively and successfully complete the fishing rights allocation processes.

This presentation has incorporated mainly the recommendations by Emang Basadi and

translated these into an operational plan for corrective measure for FRAP2013 and way

forward for FRAP 2015.

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FRAP 2013 REMEDIAL ACTIONS & 2015 FRAP WAYFORWARDFRAP 2013 REMEDIAL ACTIONS & 2015 FRAP WAYFORWARD

The findings and observations made on FRAP 2013 can be summarised as follows: Political apathy and/or lack of direction and/or leadership from

the national government Clarity of policies (direction/ and alignment to national policies

e.g transformation) The governance structure for FRAP (e.g ensuring

independency by department’s officials in granting of rights and dealing with appeals)

Numerous operational gaps including lack of proper planning, lack or insufficient good business processes

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SUMMARRY OF THE FINDINGS FRAP2013SUMMARRY OF THE FINDINGS FRAP2013

SUMMARRY OF THE FINDINGSSUMMARRY OF THE FINDINGS

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Main reasons provided for the lack of preparedness were amongst other the following: The General Policy and Sector Specific Policies have not been

reviewed. The review of policies is highly depended on the decision by Executive Authority on issues such as transformation targets per sector, consultation on the application &grant of right fees, etc. .

Job Freeze or Abolishment of posts; Inadequate Information Technology System (ITS) to process

the Rights Allocations and/or permits. The R20 million currently availed for the rights allocation is

insufficient.

Many recommendations were made in the Harris Report, and Emang Basadi concurred and validated most of them.

Since the setting aside of FRAP 2013, the Department has not dealt with the appeals or the review of the allocations themselves.

Emang Basadi recommended that the Minister should Appoint an Independent Appeals Board led by a Senior Attorney/ Advocate to deal with the backlog of FRAP 2013 and avail information in terms of PAIA and PAJA.

The FRAP 2013 policies will need to be reviewed and implement the Settle Agreement in terms of the Line Fish case (SACLA)

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SUMMARY OF RECOMMENDATIONSSUMMARY OF RECOMMENDATIONS

The fishing sectors that are now due for the allocation of fishing rights were allocated

rights between ten and fifteen years.

These fishing rights in some of the fishing sectors will now expire between 28 February -

31 December 2015.

In preparation for the Fishing Rights Allocation process, the Department will embark on a

Policy Review and Public Participation Process which will result in the publication of 9

Fisheries Sector Specific Policies.

To successfully deliver the credible Fishing Rights Allocation process, the

recommendation by Emang Basadi was that the Minister should in terms of section 18

6A (a) of the MLRA exempt current right holders in order to extend their rights for a

period of 12 months while the department put in place credible processes for allocations.

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FRAP 2015 & PROCESSESFRAP 2015 & PROCESSES

FRAP 2015: SLOGANFRAP 2015: SLOGAN

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a. VISSION

▪ The team is committed to render a professional rights allocation that is transparent and credible with few/or no appeals and no successful litigations

b. MISSION

▪ To deliver on our promises▪ To be on time/target▪ To take care of our staff

FRAP 2015 : CRITICAL SUCCESS FACTORSFRAP 2015 : CRITICAL SUCCESS FACTORS

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a. Mandate

▪ 2015 FRAP: Successful implementation of the 3ft Plan, with few/ or no appeals and no successful litigation

b. CRITICAL FACTORS

▪ Adequate Human Resources▪ Political support/ good governance ▪ Robust ITS systems▪ Robust legal advice and processes▪ Finance capital

ADEQUATE HUMAN RESOURCESADEQUATE HUMAN RESOURCES

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▪ Though Fishing Rights Allocation Process is the Fisheries Branch mandate, however it is the Chief Directorate: Marine Resources Management core function.

▪ FRAP contributes significantly to the revenue of the Branch: Fisheries.▪ CD: MRM is expected to commit dedicated officials for the successful implementation

of FRAP who will ‘vacate’ their daily duties in order to fully focus on the successful implementation of FRAP.

▪ This will add burden on certain officials which will have to ensure that service delivery is not crippled.

▪ Currently, CD: MRM has 4 abolished positions, 7 frozen positions and 1 position which will soon be vacant by the end of March 2015.

▪ As a result of these, already service delivery has been seriously hampered upon, thus has created delays in issuing of permits to the fishing industry which has caused a high rate of complaints from the fishing companies.

▪ It is critical that the Human Capacity issue be given an urgent attention▪ Over and above to FRAP, the Implementation Plan of the Small-Scale Fisheries Policy

will run concurrently and it is envisaged that 40 contract workers (interns previously with the Department) will be required for a period of 12-18mnths.

FINANCIAL RESOURCESFINANCIAL RESOURCES

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▪ The Department recognizes that financial resources are critical for the success delivery of FRAP.

▪ The budget for FRAP 2015/16 will be utilised to pay for services that may be rendered by the Service Provider to the Department.

▪ The budget will be utilised to develop and improve systems that are credible for rights allocations.

▪ The funds are needed for processes such as gazetting, legal services, vetting, public consultations, printing (application forms and sector policies in 4 coastal languages), distribution and receipting of application forms, manning of the FRAP call centre and general communication.

▪ These duties will fall outside the normal 8 working hours (including weekends) and it is envisaged that overtime may exceed 30% limit of employees basic salary and in order to meet the tight deadlines it is envisaged that overtime will be necessary.

▪ The estimated budget based on the Project Plan is R45 million, current deficit of R16 million.

FRAP 2015: DELIVERY STRUCTUREFRAP 2015: DELIVERY STRUCTURE

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44Policies &

Application Forms

Leader: D Fredericks

FMs: MRMScientist: FRD

CD: MRM, Chair

EXECUTIVE COMMITTEE

CDs: FM; CD: CD: Coops &Enterprise DevDs: FLS, Comms, SESecretariat

PROJECT TEAM/STEERING COMMITEE

DG/RepCFO/Rep

DDG: Corporate Services

CDs: MRM, FOSSecretariat

DDG: FM, Chair

Secretary: H Yon

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Project Co-ordinator

EXECUTIVE AUTHORITY

ITS

Leader: M De Wet

MRMIT

Logistics & Customer Care

Leader: TBC

Secretary: TBC

Budget

Leader: W Fisher

MRMOCFO

Secretary: TBC

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Leader: TBC

MRMOCFO

Leader: J Bezuidehout

Secretary: A Ntsabe

Legal Experts

Leader: C Liebenberg

FMs: MRMScientist: FRD

Secretary: TBC

Verification Team

Leader: S Pheeha

Secretary: N Nkeme

Qualified Lawyers/State Attorney Sec.

Appeals CommitteeSecretariat

EXECUTIVE COMMITTEE

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a. Mandate

▪ Ministerial or Political Mandate

b. TOR

▪ Report to the DG/Minister▪ Meet once a month▪ Has authority to make decisions▪ Will use reports and data (prepared by Secretary, OC) to make decisions▪ Submit monthly progress report

c. Composition

▪ To be appointed by the Minister▪ Chaired by the DDG: FM▪ OMINISTER; ODG, ODDG: FM, CDs: MRM, FOS, OCFO

PROJECT TEAM

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a. Mandate

▪ 2015 FRAP: Successful implementation of the 3ft Plan, with few or no appeals▪ SSF Policy: Successful implementation of the 3ft Plan▪ Source funds

b. TOR

▪ Report to the Executive Committee▪ Meet once a week, bring all relevant role-players together during meetings ▪ Make recommendations ▪ Submit weekly progress report

c. Composition

▪ To be appointed by the DDG: FM▪ Chaired by the CD: MRM ▪ ODDG: FM, CD: MRM’s Ds & FMs, Branch’s SMS Members (1/dir)▪ Co-opt others as needed, e.g., CD: Policy Development & Planning

POLICIES AND APPLICATION FORMSPOLICIES AND APPLICATION FORMS

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a. Mandate

▪ 2015 FRAP: Successful implementation of the 3ft Plan, with clear policies and aligned application forms

b. TOR

▪ Review, draft and finalise sector policies▪ Review, draft and finalise application forms

c. Composition

▪ Chaired: D Fredericks▪ Scribe: H Yon▪ MRM’s FMs, FRD, ODDG, SCM, FLS, SE, Comms

INFORMATION TECHNOLOGY SYSTEMSINFORMATION TECHNOLOGY SYSTEMS

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a. Mandate

▪ 2015 FRAP: Successful implementation of the 3ft Plan, with robust reliable ITS

b. TOR

▪ Development of FRAP System▪ Data capturing▪ E-permitting▪ EDMS

c. Composition

▪ Chaired: M De Wet▪ Scribe: TBC▪ D: ICT, Service Provider, MRM, SCM, ODDG

LOGISTICS AND CUSTOMER CARELOGISTICS AND CUSTOMER CARE

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a. Mandate

▪ 2015 FRAP: Successful implementation of the 3ft Plan, with best customer service

b. TOR

▪ Mapping of all the possible consultation venues▪ Dispatching of materials and officials▪ Manning of FRAP Call Center▪ Travelling and accommodation arrangements

c. Composition

▪ Chaired: J Bezuidehout▪ Scribe: A Ntsabe▪ MRM, SCM, Stakeholder Engagement, Comms

BUDGETBUDGET

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a. Mandate

▪ 2015 FRAP: Successful implementation of the 3ft Plan, with transparent budget spending = greater accountability

b. TOR

▪ Ensure availability of funds▪ Allocate budget for all activities▪ Monitor & Report expenditure

c. Composition

▪ Chaired: W Fisher▪ Scribe: TBC▪ MRM, Finance, SCM, ODDG

LEGAL EXPERTSLEGAL EXPERTS

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a. Mandate

▪ 2015 FRAP: Successful implementation of the 3ft Plan, providing best robust legal support

b. TOR

▪ Vetting and legal advice throughout

c. Composition

▪ Chaired: C Liebenberg▪ Scribe: TBC▪ MRM, Qualified Lawyers, ODDG

OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016

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Annual target 1/2/0115 – 29/2/2016

Targets Activities Dependency deliverable/

role players

Allocated budget

Time Responsible Unit (s)

Responsible

person (s)Start date End date

Allocate fishing rights in 9 fishing sectors (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics, Netfish) and Fish Processing Establishments (FPE).

Review/revise 9 sector specific policies (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics and Netfish fishing sectors).

Request permission to review sector specific policies

Appoint Task Team to review sector specific policies

Hold internal consultative meetings

Translate draft policies into coastal languages ( Afrikaans, isiXhosa and isiZulu)

Publish draft policies for public comments

Hold external consultative meetings

DDG: FM; CD: MRM; CD: FR&D; CD: MCS; D: Supply Chain Management; D: Financial Management; D: Stakeholder Engagement; Legal Support; D: Communications; D: ICT; Fishing Industry; General Public; Government Printers; Service Provider

- 01/02/2015 31/05/2015 D: OHSFM

D: IFM

S Pheeha

D Fredericks

Develop application forms and schedules for 9 fishing sectors (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics, Netfish) and Fish Processing Establishments (FPE).

Appoint Task Team to develop application forms

Hold internal consultative meetings

Publish draft application forms for public comments

Hold external consultative meetings

DDG: FM; CD: MRM; CD: FR&D; CD: MCS; D: Supply Chain Management; D: Financial Management; D: Stakeholder Engagement; D: Fisheries Legal Support; D: Communications; D: ICT; Fishing Industry; General Public; Government Printers; Service Provider

- 01/02/2015 31/05/2015 D: OHSFM

D: IFM

S Pheeha

D Fredericks

OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Cont.…PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Cont.…

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Annual target 1/2/0115 – 29/2/2016


role players

Allocated budget

Responsible Unit (s)

Responsible


Appoint Service Provider to assist with FRAP2015 and assess human resource capital

Request approval to appoint a Service Provider

Conclude Terms of Reference (ToR)

Conduct bid process

Sign a SLA with the appointed service provider

DDG: FM; CD: MRM; D: Supply Chain Management; D: Fisheries Legal Support;

01/02/2015 31/05/2015 CD: MRM Siphokazi Ndudane

Finalise the sector specific policies and application forms.

Collate and incorporate comments on draft policies and application forms.

Finalise application forms and sector policies

Translate final policies into coastal languages (Afrikaans, isiXhosa and isiZulu)

Publish final policies and application forms

Announce distribution and submission centres and call for applications


1/06/2015 30/09/2015 D: OHSFM

D: IFM

S Pheeha

D Fredericks

OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Cont.…PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Cont.…

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Annual target 1/2/0115 – 29/2/2016


role players

Allocated budget


Responsible


Receipt of application forms for fishing rights in 9 fishing sectors (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics, Netfish) and Fish Processing Establishments (FPE).

• Collect completed application forms from all distribution centers

• Capture and audit data


01/10/2015 30/11/2015 D:OHSFM

D: IFM

S Pheeha

D Fredericks

OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016

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Annual target 1/2/0115 – 29/2/2016

Targets Activities Dependency deliverable/role players

Allocated budget


Responsible


Allocate fishing rights in 9 fishing sectors (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics, Netfish) and Fish Processing Establishments (FPE).

Assess and make decisions on the submitted applications

Publish provisional successful list

Consider objections

Communicate final outcomes of decisions

DDG: FM; CD: MRM; D: Communications; D: Fisheries Legal Support; Service Provider

- 1/12/2015 29/02/2016 CD: MRM

DDG: FM

S Ndudane

KCM Mannya

Receipt appeals in 9 fishing sectors (Hake Inshore Trawl, Patagonian Toothfish, Horse Mackerel, West Coast Rock Lobster nearshore, West Coast Rock Lobster offshore, Seaweed, KZN Sardine Beach Seine, Large Pelagics, Netfish) and Fish Processing Establishments (FPE).

Announce distribution and submission centres and call for appeals

Capture and audit data

Assess and make decisions on the appeals

Communicate final outcomes of decisions

Ministry; DDG: FM; D: Fisheries Legal Support; Service Provider

1/03/2016 30/06/2016 DDG: FM

Minister

M Mannya

Minister

THANK YOU

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Documents

FISHING RIGHTS ALLOCATION PROCESS (FRAP) 2013 & 2015