Department of Forestry, Fisheries and the Environment opens up appeals process for the fishing rights allocation

27 March 2022
 

Minister of Forestry, Fisheries and the Environment, Ms Barbara Creecy has urged any applicant who is dissatisfied with the 2021 Fishing Rights Allocation Process (FRAP) to lodge an appeal from 29 March to 29 April 2022.

Appeals must be lodged electronically online on the prescribed Appeals Form through the FRAP 2021 website starting from the 29th of March 2022 until the closing date of 29th of April 2022.

As of Friday 25th March 2022, the Department of Forestry, Fisheries and the Environment has loaded all the Grant of Right Letter and Scoresheet on the 2021 Fishing Rights Allocation Process (FRAP) online platform for all the fishing sectors.

Applicants can with immediate effect, log on to the FRAP2021 Online Application Website (https://www.frap2021.co.za/) using their logon credentials to access and download their Grant of Right Letter and Scoresheet.

Applicants who want to lodge appeals and need help can go to one of the nine decentralized offices which will be open from the 4th until the 14th April 2022 at 08h00-16h00 (including Saturday the 9th from 08h00-13h00). Appellants who cannot access the online portal and/or for whatever reason are not able to visit any of the ten (10) identified decentralised centers to appeal, can contact the Department on telephone: 021 402 3727 or email to: FRAPenq_2020@environment.gov.za so that an alternative arrangement can be made.

Appeals received after the closing date of 29 April will not be accepted.

According to The General Policy on the Allocation of Commercial fishing rights 2021 and the Fisheries sector specific policies, makes provisions for any applicants or affected or interested person to appeal to the Minister against the decisions of the Delegated Authority in any respective fishing sector.

The appeal may be lodged against an exclusion, a refusal to grant a right or against the decision, process, and/or methodology on quantum or effort.

The Minister, as the appeal authority, will consider the facts and supporting documents as presented by the appellant as they were at the closing date for applications and will not take into account facts that came into existence thereafter.

For example, should the applicant disagree with the scores allocated to any particular criterion, the appellant should provide the reasons why it considers the score awarded to be incorrect, similarly, should the applicant disagree with the quantum of the right or quantum allocated, the appellant should set out the reasons for appeal in detail. All appellants are required to retain a copy of their original appeals submitted to the Department with proof of submission until the decision on appeals is made.

Subject to the appeals received and the assessment thereof, the rights registers may change and the proportion of the available Total Allowable Catch (TAC), Total Applied Effort (TAE) or a combination thereof to successful and/or existing right holders may be adjusted upwards or downwards based on the outcomes so as not to exceed the approved TAC/TAE.

The implementation of adjustments will differ per sector as outlined in the fishery sector specific policies. Should the appellants still not be happy with the decisions of the Appeals Authority, appellants may approach the courts for judicial review within 180 days after the appellant has been informed of the decision of the appellate authority.

In the event applicants experience any challenges in accessing the online system and their outcomes, please feel free to request assistance by telephone: 021 402 3727 or email to: FRAPenq_2020@environment.gov.za. Applicants who require IT support must contact 010 5002323 / 0800 0145304 or email frapitsupport@navayugainfotech.com

Link to audio: ​mp4 icon FRAP MEDIA STATEMENT-20220327_121937-Meeting Recording.mp4

For media inquiries contact:
Albi Modise
Cell: 083 490 2871

 

Note to editors:

The Nine Decentralised Offices are:

  1. Fishery Compliance Office, Port Nolloth, Beach Road, Port Nolloth, 8280.
  2. Monitoring & Surveillance Office, Saldanha, Van Riebeeck Street, Saldanha.
  3. Customer Service Centre, Cape Town, Martin Hammerschlag Way, Foreshore, Cape Town.
  4. Fishery Compliance Office, Hermanus, 248 Stilstraat, Nuwe Hawe, Hermanus, 7299.
  5. Fishery Compliance Office, Arniston, Harbour Road, Arniston, 7280.
  6. Research Office, Mossel Bay 82 Marsh Street (Cnr. Marsh and Church Street), Mossel Bay, 6500.
  7. Marine Resource Management and MCS Office, East London 9 St Peters Roads, Southern Wood, East London, 5201.
  8. Fishery Compliance Office, Port Elizabeth 21 Stanley Street, Central, Port Elizabeth, 6000.
  9. Fishery Compliance Office, Mzamba, Port Edward Lot 147, Ramsey Avenue, Port Edward, 4295.