FISHING RIGHTS ALLOCATION PROCESS (FRAP) 2013 & 2015

ACRONYMS FRAP = Fishing Rights Allocation Process 3 ft Plans (Phakisa terminology) = detailed operational plans ITS = Information Technology Systems DG = Director-General; ODG = Office of the Director-General DDG: FM = Deputy Director-General: Fisheries Management CFO = Chief Financial Officer; OCFO = Office of the Chief Financial Officer CD = Chief Director MRM = Marine Resource Management FOS = Fisheries Operations Support COMMS = Communication Services FLS = Fisheries Legal Services SE = Stakeholder Engagement (Directorate) EDMS = Electronic Document Management System SCM = Supply Chain Management

CONTEXT 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

CONTEXT AND BACKGROUND Cont… 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 To successfully deliver a credible Fishing Rights Allocation process, the Minister has translated the recommendations from auditor’s and state attorney on FRAP 2013 into an operational plan which prepares the Department to prepare for the new Fishing Rights Allocation process and to effect remedial actions for FRAP 2013.

CONTEXT AND BACKGROUND Cont… The Minister has recently announced that the Appeals that were received in response to FRAP 2013 will begin to be processed in May 2015, with the exception of the linefish sector which will be dealt with via a court settlement. The Minister has also announced that the fishing rights that expire in 9 sectors at various times during 2015 (FRAP 2015) will be extended to 28 February 2016. During 2015 the Department will commence the process to allocating fishing rights in these 9 sectors. The Operational Plan and Organogram to deliver on the FRAP 2013 Appeals and FRAP 2015 are outlined in the next few slides It is estimated that the budget required (inclusive of the implementation of the Small-scale Fisheries Policy) is R45million

FRAP 2015: SLOGAN 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 FACTORS a. Mandate 2015 FRAP: Successful implementation of the 3ft Plan, with few/ or no appeals and no successful litigation b. CRITICAL FACTORS Political support/ good governance Robust ITS systems Robust legal advice and processes Adequate Human Resources and Finance capital

FRAP 2015: DELIVERY STRUCTURE Appeals Committee Secretariat EXECUTIVE AUTHORITY DG/Rep CFO/Rep DDG: Corporate Services CDs: MRM, FOS Secretariat EXECUTIVE COMMITTEE DDG: FM, Chair CDs: FM; CD: CD: Coops &Enterprise Dev Ds: FLS, Comms, SE Secretariat CD: MRM, Chair PROJECT TEAM/STEERING COMMITEE Project Co-ordinator 1 2 3 4 5 6 7 Policies & Application Forms Logistics & Stakeholder Engagement ITS Budget Legal Experts Verification Team SSF-Plan Leader: Leader: Leader: Leader: Leader: Leader: Leader: Qualified Lawyers/State Attorney Sec. MRM FRD IT Service Pr MRM;SE;COMS MRM OCFO MRM;MSC;R&D SSF/ former steering com Secretary: Secretary: Secretary: Secretary: Secretary: Secretary: Secretary:

EXECUTIVE COMMITTEE 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) to make decisions Submit monthly progress report c. Composition To be appointed by the Minister Chaired by the Deputy Director-General: Fisheries Management Ministry; Office of the DG, ODDG: FM, CDs: MRM, FOS, OCFO

PROJECT TEAM a. Mandate 2015 FRAP: Successful implementation of the 3ft Plan, with few or no appeals Small-scale Fisheries 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 Directors & Fisheries Mangers, Branch’s SMS Members (1/director) Co-opt others as needed, e.g., CD: Policy Development & Planning

POLICIES AND APPLICATION FORMS 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 Chair Scribe: MRM’s FMs, FRD, ODDG, SCM, FLS, SE, Comms

INFORMATION TECHNOLOGY SYSTEMS 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: Scribe: D: ICT, Service Provider, MRM, SCM, ODDG

LOGISTICS AND CUSTOMER CARE 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 Scribe MRM, SCM, Stakeholder Engagement, Comms

BUDGET 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 Scribe MRM, Finance, SCM, ODDG

LEGAL EXPERTS a. Mandate 2015 FRAP: Successful implementation of the 3ft Plan, providing best robust legal support b. TOR Vetting and legal advice throughout c. Composition Chair Scribe MRM, Qualified Lawyers, ODDG; State Attorney

OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 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 Publish draft application forms for public comments 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

OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Cont.… Annual target 1/2/0115 – 29/2/2016 Targets Activities Dependency deliverable/ role players Allocated budget Responsible Unit (s) Responsible person (s) Start date End date 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 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 1/06/2015 30/09/2015 D: OHSFM D: IFM S Pheeha D Fredericks

OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Cont.… Annual target 1/2/0115 – 29/2/2016 Targets Activities Dependency deliverable/ role players Allocated budget Responsible Unit (s) Responsible person (s) Start date End date 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 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   01/10/2015 30/11/2015 D:OHSFM D: IFM S Pheeha D Fredericks

OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Annual target 1/2/0115 – 29/2/2016 Targets Activities Dependency deliverable/role players Allocated budget 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). 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 Ministry; DDG: FM; D: Fisheries Legal Support; Service Provider 1/03/2016 30/06/2016 Minister M Mannya

INCOME GENERATED: 2005/06 LTRAMP APPLICATION & GRANT OF RIGHT FEES

INCOME GENERATED: 2013 FRAP APPLICATION & GRANT OF RIGHT FEES

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