SA Fisheries

South Africa has codified policy for each of its 22 commercial fisheries, as well as an overarching general fishing policy. The policies also serve as the key regulatory tool that guided the allocation of long term fishing rights during 2005 and 2006.

The allocation of long term commercial fishing rights in South Africa occurred between October 2005 and March 2006 as the commercial fishing rights allocated for a four-year period between September 2001 and January 2002 terminate on 31 December 2005. During the 2001 medium term rights allocation process, the Department of Environmental Affairs and Tourism allocated 4 year long commercial fishing rights worth approximately R15 billion. Whereas previously, rights were allocated on an annual basis to approximately 400 right holders, the medium term fishing rights were allocated to more than 3900 right holders (individuals and commercial entities).

The allocation of long term commercial fishing rights in 2005 and 2006 are for periods ranging between 8 years and 15 years. Commercial fishing rights will be allocated across 20 fisheries, ranging from capital intensive and financially lucrative fisheries such Hake Deep Sea Trawl and Patagonian Toothfish to traditional and less lucrative fisheries such as net and line fishing.

Prior to being adopted as national policy, each of the fishing policies were subjected to both a notice and comment period and a public participation process of more than 30 days conducted in Afrikaans, isiXhosa, English and isiZulu from Port Nolloth to Richards Bay, spread amongst 53 coastal villages, towns and cities. Feike's Horst Kleinschmidt and Shaheen Moolla led these consultation processes on behalf of the Minister of Environmental Affairs and Tourism during March 2005.

The authority to allocate fishing rights vests in the Minister of Environmental Affairs and Tourism. This authority has previously been delegated to senior officials in the Department.

The fishing industry is today one of the most transformed and representative of any commercial sector in the South African economy because the allocation of fishing rights (quotas) is a competitive process based on criteria such as transformation
The policy for allocation of long term commercial fishing rights is premised on four core considerations. These considerations instruct that the decision-maker implements each policy so as to ensure that the following considerations are given effect to:

• Broad based black economic empowerment: Applicants were evaluated on their empowerment or transformation credentials. Specific criteria included measuring black ownership and control, representivity of blacks and women at all levels of the organisation, ownership of equity by workers, corporate social investment, affirmative procurement and compliance with employment equity and skills legislation;
• Biological considerations: The allocation of fishing rights occurred within a biologically determined and sustainable management framework;
• Ecological considerations: South Africa, together with all other fishing nations are bound by the Johannesburg Plan of Implementation adopted at the World Summit on Sustainable Development to measure the impacts of fishing on marine ecosystems and to mitigate against such impacts; and
• Socio-economic considerations: There are two important components to this consideration. The first component is premised on the recognition that sustainable fisheries management must ensure that the manner of management must sustain an environment that is conducive to growth and investment. The second component is premised on the recognition that fisheries must play a crucial role in fulfilling the socio-economic objectives of job creation, poverty elimination and empowerment along the coast.

The estimated value of the commercial fishing rights to be allocated this year is R70 billion. The South African fishing industry is worth approximately R4,5 billion annually, with hake deep sea trawl accounting for slightly less than 45% at present hake market values. The industry as a whole employs some 36 500 persons directly both on land and at sea. In 2002, this figure stood at approximately 29 000. Salaries for persons below management level (factory worker to skipper) in the more capital intensive fisheries (such as hake trawl, pelagics, south coast rock lobster and horse mackerel) range from approximately R63 000 annually to slightly more than R90 000 annually. In the smaller fisheries, seasonal work is prevalent with increasingly less employment security.


For more information on South Africa's commercial fishing rights process, you are welcome to contact Feike's Shaheen Moolla or Horst Kleinschmidt.