Fishers who are dissatisfied with the 2021 fishing rights allocation process (FRAP) have been urged by the minister of forestry, fisheries and the environment, Barbara Creecy, to lodge an appeal.
Earlier this year, the department concluded the 2021-2022 FRAP in the nine commercial fishing sectors that were due for re-allocation. A total of 2 473 applications were received and adjudicated
Albi Modise, spokesperson for the department, said general policy on the allocation of commercial fishing rights and the fisheries sector specific policies made provision for any applicant or affected 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,” Modise said.
How to lodge an appeal
Fishers who wish to lodge their appeal must do so electronically by logging on to the FRAP2021 Online Application Website using their logon credentials to access and download their grant of right letter and scoresheet
Appeals can be lodged starting today (29 March 2022) until the closing date of 29 April. Appeals received after the closing date will not be accepted.
Applicants who want to lodge appeals and need help can go to one of the nine decentralised offices which will be open from 4 to 14 April, from 08:00 to 16:00 (including Saturday 9 April from 08:00 to 13:00).
Appellants who cannot access the online portal or are unable to visit any of the ten identified decentralised centres to appeal, can call the department on 021 402 3727 or email FRAPenq_2020@environment.gov.za so that an alternative arrangement can be made.
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How it works
According to Modise, 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. Facts that came into existence thereafter will not be taken into account.
“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,” he said.
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 or existing right holders may be adjusted upwards or downwards based on the outcomes. This is to ensure that the approved TAC and TAE is not exceeded.
Furthermore, Modise explains that 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,” he explained.
In the event applicants experience any challenges in accessing the online system and their outcomes, they can request assistance on 021 402 3727 or FRAPenq_2020@environment.gov.za.
Applicants who require IT support must contact 010 500 2323 or 0800 014 5304. IT support can also be reached via frapitsupport@navayugainfotech.com.
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