Department of Agriculture, Forestry and Fisheries’ Incompetence Prevents Fishing

 As of today, the decisions in the Fishing Rights Allocation Process (FRAP) 2013 have not yet been handed down and notified to the public. Given that existing rights expire on 31 December 2013 this is a cause of great concern for many right holders as they will have to return to port and cease fishing operations. To date no clarity has been given by Department of Agriculture, Forestry and Fisheries (DAFF) on an exact date when applicants can expect decisions, however, DAFF has reiterated its undertaking that rights will be allocated and applicant’s notified of decisions before midnight on 31 December 2013. This does not help as the vessels will have to remain berthed in ports until the rights can be issued and paid for.

It is anticipated that if DAFF complies with its undertaking, that successful applicants will be advised of the decision to allocate them a right along with rules to govern the dispensation that will allow them to continue their fishing operations. To date DAFF has provided no clarity as to how it intends to allow for the seamless transition from the expiry of the long term rights period to the new rights period without interrupting critical fishing operations. If no guidance is provided by DAFF or no special dispensation is created (which is envisaged) then in terms of the MLRA successful applicants will not be entitled to commence fishing operations in 2014 until they hold a valid catching permit for 2014.

The Letter below is from the Fresh Tuna Exporters Association addressed to DAFF and from which we have still not received a positive response.

Our concern at this stage is that the longer the publication of decisions takes the less time it allows successful applicants to obtain permits. We have been advised by Customer Services at DAFF that their offices close on Tuesday, 24 December 2013 at 10h00 and will reopen on Thursday, 2 January 2014 at 8h30. This effectively means the successful applicants will not be able to apply for permits if the decision on applications is made or publicised any later than 10h00 on this coming Tuesday morning.

Dawson and Edwards have advised that concerned applicants submit a letter to DAFF on Monday or Tuesday morning, prior to closing of the Customer Services Centre, applying to the Minister for an exemption in terms of Section 81 of the Marine Living Resources Act. This exemption application would be a request by existing right holder applicants to continue their fishing operations in January or until such time as they are issued with a valid 2014 catching permit by DAFF without a right or a valid catching permit. As things currently stand rumors suggest that unsuccessful long term rights holding applicants will not be permitted to continue fishing between the period of the notification of the delegated authority’s decision and the finalization of the appeal by the Minister. This would, of course, have disastrous effects for the businesses of any unsuccessful applicants and could well destroy existing businesses.

  

Currently the entire fleet is at sea and are unaware of these issues and it has been up to the respective tuna associations to apply on their behalf for the the extension. With the past 2-3 years of tuna fishing having been disastrous, the impacts of the grounding of the fleet would have extreme consequences on the local fishermen and their families. With the recent good run of tuna catches, the lack of understanding and urgency from DAFF is very worrying. The minister has assured that rights will be issued before the end of the year, but not even the amount payable by successful applicants has been gazetted yet. Basically, even if you are awarded a right, the government doesn't know how much you would need to pay for it. 

Merry Xmas DAFF