Page 1 of 5 02 OCTOBER 2015
MEDIA STATEMENT
DECISIONS BY MINISTER ON APPEALS LODGED IN THE WHITE MUSSEL FISHERY
The purpose of this media statement issued by the Minister of Agriculture, Forestry and Fisheries, Mr Senzeni Zokwana, is to inform the South African public and the fishing industry in particular of the Minister’s decisions on appeals filed against decisions taken on 30 December 2013 in the white mussel fishery.
The Minister’s appeals advisory team, comprising Adv. Shaheen Moolla, Prof.
Julian Smith and Ms. Mamakhe Mdhluli, met between Wednesday 26 August 2015 to Friday 28 August 2015 to consider and evaluate the appeals filed in the White Mussels fishery. None of the appellants filed any supplementary appeals by 31 July 2015. The appeals team reconvened to consider the appeals on 8 and 9 September 2015.
In total, the Minister considered and evaluated 55 appeals. Of these, 2 of the appellants had been granted white mussel harvesting rights. Both of these appellants appealed on the basis that they wished to harvest mussels closer to the harvesting zones in which they lived.
Page 2 of 5 The white mussel fishery is an economically marginal, small-scale fishery, which does not require any harvesting gear such as (snorkels, masks or harvesting implements) or much skill. Harvesters can typically expect to earn approximately fifty cents per mussel harvested. It is a low impact, low income earning sector ideally suited to women who live in coastal villages and towns adjacent to one of the 7 harvesting zones. Harvesting of white mussels is limited to seven (7) harvesting zones along the West Coast of South Africa between Bokpunt in the South and Doring Bay in the North (see the Map below). Harvesting of mussels is restricted by regulating the number of right holders and pickers that may harvest mussels in each of the 7 zones. At present the effort is restricted to 1 right holder per zone and each right holder may use an additional 6 mussel harvesters each.
On 30 December 2013, the Acting Deputy Director-General: Fisheries Management, decided to allocate a total of 6 fishing rights in this fishery. A right was not allocated to any applicant in Zone 1 (Bokpunt).
During the process of considering the appeals, it became apparent that the scoring and weighting criteria that were adopted for this fishery sector by the delegated authority, were entirely inappropriate for this fishery. The consequence of continuing to apply these criteria would be to perpetuate unnecessary hardship and prejudice to a significant number of appellants.
The Minister accordingly instructed the appeals team to re-evaluate the appellants according to a revised set of evaluation criteria and scoring. The detailed evaluation criteria and scoring that was adopted is set out in the Minister’s General Published Reasons for the Decisions taken on the appeals lodged in the White Mussel Fishery of 9 September 2015 (“the Appeal GPR”). The Appeal GPR is a public document accessible at www.daff.gov.za and sets out the reasoning and rationale for the Minister’s decisions with regard to the appeals lodged in this fishery.
Page 3 of 5 The Minister’s decisions
The complete list of appellants and the Minster’s decisions are recorded in the Appeals GPR.
The Minister decided to allocate white mussel fishing rights to those appellants who were able to score 40 points and more based on the revised scoring and weighting criteria. A total of 21 appellants were successful, including the appeal of Ms CJ Hugo who was re-allocated a right in Harvesting Zone 5, which is significantly closer to her area of residence. Ms Hugo should now be able to utilize her right and harvest mussels.
In Zone 1, the Minister has allocated a total of 6 rights. Each right holder in this zone will be required to harvest his/her own mussels and will not be permitted to employ pickers.
In Zone 2, the Minister has allocated a total of 1 right. The current right holder, CJ Hugo, has been re-allocated her right in Zone 5. The new right holder in Zone 2, Ms S Basson, will be permitted to employ a maximum of 6 pickers to assist her in the harvesting of mussels.
In Zone 3, the current right holder, Ms L Pharo, presently employs 3 pickers.
She will be encouraged to employ an additional 3 pickers in order to maximize the right allocated to her.
In Zone 4, the Minister has allocated an additional 2 rights. The current right holder, together with the 2 additional right holders will be permitted to each employ 1 picker in order to maximize the effort allocation in this zone.
Page 4 of 5 In Zone 5, the Minister has allocated an additional 6 rights, including accommodating Ms CJ Hugo from Zone 2. Each right holder will be required to harvest his/her own mussels and will not be permitted to employ pickers.
In Zone 6, the Minister has noted that the current right holder, Ms M Capes, has employed a total of 9 pickers. This is in excess of the effort limitations set for this zone and a violation of section 14 of the Marine Living Resources Act, read with the TAE determination for the white mussel fishery. The Minister has accordingly instructed the Department to immediately amend Ms Capes’
permit conditions by reducing the number of permitted pickers from 9 to 6.
In Zone 7, the Minister has allocated an additional 6 rights. Each right holder will be required to harvest his/her own mussels and will not be permitted to employ pickers.
A total of 26 right holders are now accommodated in the white mussel fishery.
Previously a maximum of 7 persons were granted rights in this fishery. Of the 26 right holders, 22 (85%) are black.
Each Appellant will be provided with written notification of the Minister’s decision, as well as a copy of the Regulation 5(3) Appeal Report pertaining to its appeal.
Page 5 of 5
Mussel Harvesting Zones
For more information, please contact:
Bomikazi Molapo, Ministerial Spokesperson 078 801 3711 BomikaziM@daff.gov.za
www.daff.gov.za
