Long-term Fishing Rights Allocations

Presentation outline State of the fish resources Socio – and economic context Rights allocations post 1994 Rights allocations – medium term ( ) Rights allocations - Long term (8-15years) Summary Where to from here?

Context - environment Catches are at a historical low Increased demand and technological advances Shifts in distribution – environmental factors To show examples – 3 major fisheries

Hake Deepwater hake (M. paradoxus)

West Coast Rock Lobster West Coast rock lobster landed catch (tons whole mass) and area-aggregated standardized trap CPUE normalized to the mean,

West Coast Rock Lobster Approx. 70% caught 30 yrs ago Now 90% caught- Dassen Is & Cape P Worse – traditional fishermen

Pilchard Namibia South Africa

Pilchard

Socio – and economic context Lower catches – fewer jobs Shifts in distribution – mismatch - infrastructure and catches Trucking fish - extra cost - to R80m – R750m p/a Industry sources – additional costs - profits Factories relocated - WCRL and plans to relocate Pilchard Economic activity due to fishing – diminished West Coast Unemployment rife – last resort – fishing right Large proportion of fish workers non-permanent

Employment

Allocations post 1994 The Marine Living Resources Act (1998) provides framework to change pre 1994 profile Few quota holders, one group dominant High expectations, and resistance to change by established industry

Allocation post 1994 cont…

Rights allocation post 1994 cont… Significant increase in number of participants 16-53Significant increase in number of participants Rights allocations small < 1000 tons eachRights allocations small < 1000 tons each Lead to complaints of non-viable allocationsLead to complaints of non-viable allocations tons – independent operation

Medium-term rights In 2001 first multiple-year rights allocation (4 years)In 2001 first multiple-year rights allocation (4 years) The MTRA was a step towards the LTRA (15 years)The MTRA was a step towards the LTRA (15 years) Experiment with micro-business on high value species e.g. WCRL – 200kg – 1,5tExperiment with micro-business on high value species e.g. WCRL – 200kg – 1,5t Project management, legal advice and applications assessment – Rights Allocation UnitProject management, legal advice and applications assessment – Rights Allocation Unit Verification – Rights Verification UnitVerification – Rights Verification Unit Transparency – compliance with PAIA & PAJATransparency – compliance with PAIA & PAJA

Medium-term rights - outcomes Increase no. of rights holders , largely micro- businessIncrease no. of rights holders , largely micro- business Redistribution of rights major commercial resourcesRedistribution of rights major commercial resources WCRL - 20% of TAC micro businessWCRL - 20% of TAC micro business Genuine micro businesses were createdGenuine micro businesses were created But - paper quota holdersBut - paper quota holders

Long-term rights Policy Objectives Job creationJob creation InvestmentInvestment TransformationTransformation SustainabilitySustainability Build viable small businessesBuild viable small businesses Reserve all inshore rights <40m for micro- businessesReserve all inshore rights <40m for micro- businesses

Process Policy Development process (2004-5)Policy Development process (2004-5) Lessons learnt from MTRA – policy adjustmentsLessons learnt from MTRA – policy adjustments Consultation ProcessConsultation Process –Draft policies and application fees –Public consultative meetings –Comment period –Final policies and application forms and fees –Cabinet approval (May 2005)

Process (cont) Distributing and ReceiptingDistributing and Receipting Registration to obtain application forms and policies (distribution) Registration to obtain application forms and policies (distribution) Application period Application period Receipting of Application forms Receipting of Application forms Staggered (Cluster A, B. C & E; linefish) Staggered (Cluster A, B. C & E; linefish) Allocations CriteriaAllocations Criteria Performance (50%) – Investment and jobs (MLRA 2d) Performance (50%) – Investment and jobs (MLRA 2d) Transformation (50%) - BBBEE Framework-core components (MLRA 2j) Transformation (50%) - BBBEE Framework-core components (MLRA 2j)

Process (cont) Decision-makingDecision-making Receipting and verification of application forms (Consultancy: Deloitte) Receipting and verification of application forms (Consultancy: Deloitte) Data capturing and creation of database of applications (consultancy) Data capturing and creation of database of applications (consultancy) Analysis of database (Delegated Authority) Analysis of database (Delegated Authority) Development of Criteria and scoring (Delegated Authority) Consultancy 2 – Resolve; Consultancy 3 – F&A Development of Criteria and scoring (Delegated Authority) Consultancy 2 – Resolve; Consultancy 3 – F&A Establishment of Advisory Committee by DA and briefing criteria Establishment of Advisory Committee by DA and briefing criteria Assessment of applications by DA & Advisory Committee (DA; Committee 2 & 3 legal) Assessment of applications by DA & Advisory Committee (DA; Committee 2 & 3 legal) Production of Assessment and Scoresheets (Consultancy 2) Production of Assessment and Scoresheets (Consultancy 2)

Process (cont) Decision-making (cont)Decision-making (cont) Ranking of applications (DA/AdCom) Ranking of applications (DA/AdCom) Consultation of Quantum mechanisms (DA) Consultation of Quantum mechanisms (DA) Final decisions Final decisions Publication of decisions and release of notification letters Publication of decisions and release of notification letters Development of GPR (DA; Consultancy 2 & 3) Development of GPR (DA; Consultancy 2 & 3)

Process (cont) Appeals Access to Information requests from applicantsAccess to Information requests from applicants Appeal periodAppeal period Assessment of Appeals (DA; Appeals Committee) & scoringAssessment of Appeals (DA; Appeals Committee) & scoring Recommendations to Minister (from Da) (R5(3) Reports)Recommendations to Minister (from Da) (R5(3) Reports) Appeal Decisions by MinisterAppeal Decisions by Minister Publication of decisions and release of notification lettersPublication of decisions and release of notification letters Development of GPR (Minister; DA; Consultancy 2)Development of GPR (Minister; DA; Consultancy 2)

Challenges Resource constraints – Hake, pilchards, WCRLResource constraints – Hake, pilchards, WCRL Large no. of applications – 8000Large no. of applications – WCRL = 4000 Business vs. social considerations in WCRLBusiness vs. social considerations in WCRL - 200kg not viable – community support – 750-1t - 200kg became paper quota – 750kg – 4 to 5 employees had 900 small scale – maximum 2005 = rights – 4000 applicants (+3000 appellants)

Preliminary results Sector Black controlled TAC Black shareholder TAC Hake14%27%*38% 43% (Average = 35%) HakeLong Line % (Average = 91%) Trad. Line fish 4466%66% 68% (Average = 67%) WCRL51%62%58% 64% (Average = 63%) SCRL-71%- 45% (Average = 58%)

Where are we now? Concluded the appeals processConcluded the appeals process Initiated criteria development for Performance ReviewInitiated criteria development for Performance Review Accelerate development of draft subsistence fisheries policyAccelerate development of draft subsistence fisheries policy  Currently conducting public consultation meetings Accelerated development of aquaculture policyAccelerated development of aquaculture policy  Currently conducting public consultation meetings  Initiated process of determining economic opportunities in fishing harbours

Where to from here? Conduct analysis of Fishing Rights Allocation processConduct analysis of Fishing Rights Allocation process Undertake a socio-economic studyUndertake a socio-economic study Accelerate development of draft subsistence fisheries policyAccelerate development of draft subsistence fisheries policy Promote and explore expansion of Non-consumptive resource usePromote and explore expansion of Non-consumptive resource use Boat-based Whale WatchingBoat-based Whale Watching White Shark Cage DivingWhite Shark Cage Diving Facilitate inter-governmental interventionsFacilitate inter-governmental interventions

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