FIM FRAP | Department of Forestry, Fisheries and the Environment

Submitted by mtladi on September 25, 2025

TRANSFORMATION OF THE SOUTH AFRICAN FISHING INDUSTRY - FRAP

The transformation of the South African fishing industry is a constitutional and legislative imperative. The legal instrument that promotes the transformation of the South African fishing industry is the Marine Living Resources Act, (MLRA). The transformation of the fishing industry is achieved through the fishing rights allocation process (FRAP) and the management of commercial fishing rights.

GPR + EXEMPTIONS

RELATED DOCUMENTS

FRAP SEIAS

PUBLIC NOTICES

background

information

In 2005/2006, long-term commercial fishing rights were allocated in terms of the MLRA in 22 commercial fisheries sectors for periods ranging from 8, 10 and 15 years.

rights allocated for period of:

8 years expired in 8 of the fishing sectors

Rights that were allocated for 8 years expired in 8 of the fishing sectors on 31 of December 2013. On 30 December 2013, the department re-allocated long-term commercial fishing rights in all eight fishing sectors in which rights were expiring and these fishing rights were allocated for a new period of 8 years and were to expire on or before the 31 of December 2020.

10 years expired in 10 of the fishing sectors

Rights that were allocated for a period of 10 years expired in 10 of the fishing sectors at various times during 2015. The department finalised the allocation of fishing rights in 9 out of the 10 commercial sectors where rights expired at various times during 2015 (excluding abalone, which was not finalised). These rights were allocated for a period of 15 years and would therefore not form part of the 2020 allocation process.

commercial rights

also expired in 4 sectors

Commercial rights expired on 31 of December 2020 in 4 sectors allocated in 2005 for 15-years and those allocated in 2013 for a 7-year period.

twelve sectors due for allocation

in terms of section 18(6) of mlra in 2021

In light of this, by 28 February 2022, twelve (12) sectors became due for allocation in terms of section 18(6) of the MLRA in 2021 and those sectors were:

1) KwaZulu-Natal prawn trawl 2) demersal shark 3) tuna-pole line 4) hake handline 5) traditional linefish 6) white mussels 7) oysters 8) squid 9) small pelagics (pilchard and anchovy) 10) hake deepsea trawl 11) hake longline 12) south coast rock lobster.

sectors

eligible as small-scale species

Three (3) of the 12 sectors listed, were identified to be eligible as small-scale species and consultation remained underway to declassify them. The allocations of rights in the abalone sector which could not be concluded in 2015 would be finalised as well.

CONSULTATIONS FOR SSF

conclusion

of frap 2021/22

The DFFE concluded the 2021/22 fishing rights allocation process (FRAP) in the nine (9) commercial fishing sectors that were due for re-allocation.

A total of 2 473 applications were received and adjudicated in the following sectors:

1) Hake deep-sea trawl 2) hake longline 3) south coast rock lobster 4) small pelagic (sardine and anchovy) 5) KwaZulu-Natal crustacean trawl 6) demersal shark longline 7) squid 8) tuna pole-line and 9) traditional linefish.

assessment and allocation

of the commercial fishing rights

In assessing and allocating the commercial fishing rights, the department evaluated and assessed all applications received. Besides the personal information of each application, the documents assessed also contained information related to their current and previous involvement in the fishing sector, investment in the fishing sector, performance and compliance history, their transformation profile, and their contribution to the fishery. This information, amongst others, was used in determining who would be granted a commercial fishing right.

Notwithstanding the technical glitches experienced with the online application system that necessitated two extension periods to afford the applicants additional opportunity to provide all relevant information, the FRAP2021 application process has been deemed to be substantially free, fair, and transparent by the independent process observer.

REPORT ON FRAP2020/21 ASSESSMENT STAGE

general publish reasons (gpr)

of the delegated authorities for 9 fishing sectors

[PUBLISHED: 28 FEBRUARY 2022]

On 28 February 2022, the GPRs of the delegated authorities for each of the 9 fishing sectors were published. The GPRs provide an explanation of how the scores were calculated for every fishing sector, per section and question, how the quantum and/or effort methodology was developed and applied, and the final decisions list on the successful, unsuccessful, excluded and/or reserved applicants; the final scores as well as the quantum and/or effort allocations per right holder.

all files are .pdf, unless otherwise stated.

Demersal shark fishery [493.37 kb]

Hake deep-sea trawl fishery [954.94 kb]

Hake long line fishery [3.32 mb]

KZN Crustacean Trawl fishery [14.35 mb]

Small pelagic (anchovy) fishery [1.81 mb]

Small pelagic (sardine) fishery [14.15 mb]

South coast rock lobster fishery [14.67 mb]

Squid fishery [3.1 mb]

Traditional linefish fishery [3.3 mb]

exemptions granted

to existing operators due for re-allocation

It should be noted that exemptions were granted to existing operators in the fishing sectors that were due for re-allocation, and those currently fishing under the exemption were required to cease operations within 72 hours (by Thursday, 03 March 2022, 23:59) and return to port where their catch would be weighed and landed in accordance with the relevant sector-specific permit conditions. All levies would also have to be paid within the required timeframes. Failure to comply would result in legal action.

The successful 2021 FRAP right holders were required to commence with the process of applying for their new catch permits and ensure that all the grant of right fees is paid on or before 60 days from the date of receipt of their right.

RELATED PUBLIC NOTICE