Update on the FRAP 2021/2022 appeals process

22 December 2023

Forestry, Fisheries and the Environment Minister, Ms Barbara Creecy has issued her decisions on appeals that were submitted against the decisions of the Delegated Authority in the Small Palegic: Anchovy and Small Pelagic: Sardine Sectors in terms of the fishing right allocation process 2020/2021 (FRAP 2021).

Minister Creecy's "general published reasons for appeal decisions in the small palegic: anchovy sector 2021" and "general published reasons for appeal decisions in the small pelagic: sardine sector 2021" have been published on the department's website. The department will provide appellants with the outcome of their individual appeals in due course. In addition, right holders will be able to access the FRAP online portal for their grant of right letters, which will be uploaded in the new year.

"Each appellant's appeal was assessed on its own merits, within the category it falls, based on the background and circumstances of the sector and within the context of the policies and the objectives of the Marine Living Resources Act, Act 18 of 1998 (MLRA). Based on my consideration of the appeals in each sector, 11 category A right holders in the anchovy sector and 14 category A right holders in the Sardine sector, who were previously unsuccessful, have been granted rights on appeal. In addition, a new category B right holder was introduced into the anchovy and Sardine sectors, respectively. I was constrained introduce any further new entrants into both sectors, due to the current low anchovy and Sardine catches."

"The strain on the resources also posed a challenge on the allocation and distribution of the total allowable catches. Nevertheless, I was able to apply my discretion on the distribution of the resource in a manner that ensures sustainable development of the natural resource, whilst ensuring that right holders are able to remain viable. In this regard, I paid particular heed to the need to promote the small-medium enterprises within each sector, and no entity was allocated less than minimum viable allocation in either sector," said Minister Creecy.

This concludes the Minister's consideration of the 1213 appeals that have been submitted across all ten sectors in the fishing industry and across all category of applicants in relation to FRAP 2021. The department has fulfilled the commitment that it made to the industry, to finalise all the FRAP 2021 appeals, in an efficient and timely manner, before the commencement of the 2024 fishing season.

"I am satisfied that the process was fair and that the outcome of the appeal process is reasonable and justifiable," added Minister Creecy.

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Peter Mbelengwa
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