1. FISHING RIGHTS ALLOCATION PROCESS (FRAP) 2013 & 2015

2. 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

3. 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

4. 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.

5. 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 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

6. 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

7. 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

8. 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:

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

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

21. INCOME GENERATED: 2013 FRAP APPLICATION & GRANT OF RIGHT FEES

22. THANK YOU