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Proper management of marine living resources, for commercial purposes, is essential if
we are to maintain an effective, equitable and sustainable fishing industry. By participating
in the Performance Reviews, you contribute to an accurate and informative industry review.
The review forms the basis for improving the management of the resources.
PERFORMANCE
REVIEWS
COMMERCIAL
FISHING RIGHTS 2009/10
environment
& tourism
Department:
Environmental Affairs and Tourism
REPUBLIC OF SOUTH AFRICA
THE
FISHING INDUSTRY
IS IMPORTANT TO SA
The fishing industry is a significant contributor to the South African
economy. Today, some 2,500 right holders feed the nation, contribute
taxes to the fiscus and create jobs that sustain communities.
Proper management of the utilisation of marine living resources is of
utmost importance to our country and its people.
WE HAVE COME A LONG WAY
The management, independent verification and allocation of fishing rights has fundamentally
transformed the industry. Milestones in the transformation process to date include:
The successful allocation of medium-term rights in 2001/2002 which:
• Brought in new, mainly previously disadvantaged entrants into the sectors
• Extended the duration of rights to facilitate investment and
provide an opportunity for new entrants to establish a track record
• Introduction of long-term independent verification of the allocation process
• Laid the basis for the long-term rights allocation process (LTRAMP).
The adoption by Cabinet in 2005 of a General Policy, and sector specific policies for
the allocation and management of fishing rights served as a guide for the LTRAMP
and set out the Department’s specific objectives with regard to each fishery.
The successful allocation of long-term rights in 2005/2006:
• Brought further stability while extending and consolidating black ownership and participation
• Significantly redistributed quantum in the capital intensive fisheries
• Introduced long term rights in order to promote sustainable utilisation and co-management
• Established an accurate quantitative base to measure the individual and
relative performance of right holders.
WE ARE READY TO TAKE THE NEXT STEP
The Department is now ready to take the next major step in pursuit of effective, equitable and
sustainable fisheries management. We are ready to implement an industry-wide Performance Review.
WHERE . WHAT . HOW.
WHERE DO PERFORMANCE REVIEWS COME FROM?
Performance Reviews are not pertinently dealt policies in order to ensure that right holders
with in the Marine Living Resources Act, 1998 perform satisfactorily throughout the duration
(Act No 18 of 1998) (MLRA), nor are they of the rights, some as long as 15 years. The
dealt with in the General Policy. Cabinet sector policies provide for periodic performance
introduced the idea of reviews in the sector measuring exercises.
YOUR PARTICIPATION IS COMPULSORY
The Department has put in place an All right holders are accordingly compelled
independent Performance Review process that to take part in the Performance Reviews. The
will be rigorous, accurate and fair. Verification of Department commits to keeping you informed
right holder information and Departmental during this process and to ensure that all right
records are built into the design of the process. holders receive feedback and reports. We
look forward to your co-operation so that we
Permits issued to right holders after LTRAMP
can strengthen and build the fishing industry,
require participation and co-operation in
through better performance of right holders and
the reviews.
effective management by the Department.
WHAT ARE PERFORMANCE REVIEWS?
Purpose Outcomes
Performance Reviews ensure that At the end of the Review,
the Department intends to issue a
Objectives of the fishery are being met in terms Performance Assessment Report to each right holder –
of maintaining or improving transformation, the consisting of an individual assessment of the right holder
creation of an environment for investment and job based on historic performance and fresh information
creation and supporting the economic viability and provided and the records maintained
environmental sustainability of the fisheries. by the Department.
Management methodologies and procedures State of the Sector Report – based on aggregate information
remain suitable. generated from the Performance Assessment Reports.
Ultimately, rights can only be cancelled or withdrawn through proceedings instituted in terms of s28 of the MLRA.
The Performance Reviews are not intended to impact directly on current allocations (eg. removal of rights); or scientific
research (eg. setting of Total Allowable Catches – TACs).This is the first time the Department conducts Performance
Reviews. It promises to be an exciting process that holds great potential for the Department as well as all stakeholders.
WHERE . WHAT . HOW.
COMPONENTS OF THE REVIEW
1. Performance Assessments 3. State of the Sector Reports
a process whereby right holders provide research by experts to supplement the
information to the Department relating to assessment and surveys for use in state of
the performance indicators and individual the Sector reports.
assessment.
4. Verification
2. Qualitative Survey investigative work. This is done through a
a process whereby right holders participate combination of tip-offs and red flagging from
in an anonymous qualitative survey focussing Departmental records and the verification
on ecological, compliance, socio-economic of information submitted by right holders.
and management issues.
SETTING OF APPLICATION OF
PERFORMANCE INDICATORS PERFORMANCE INDICATORS
The sector policies provide some guidance on In respect of the Performance Assessment Report, the
performance indicators that may be used. indicators will be used to:
These include: • Compare the position of the right holder at the date
• Transformation; of the review to the position at the date of allocation
• Investment; ie. establish progress or deterioration of the standing
• Sustainable utilisation, and in particular the of the individual right holder per indicator;
ecological impacts of fishing; • Compare the relative position of a right holder
• Compliance with applicable laws and regulations. at the date of review to the date of allocation ie. to
The Department is examining possible performance establish progress or deterioration of the standing of
indicators based on: the right holder relative to others in the sector;
• Those listed above; • In specific instances, assess whether the right holder
• The LTRAMP criteria and methodology ; and achieved promises stated at the time of allocation,
• Specific challenges facing each sector. ie. to measure implementation efficacy.
On completion of a draft set of performance indicators In respect of the State of the Sector Report, the
the Department will consult with right holders in each performance indicators will be used to:
affected sector. • Compare the sector aggregate at the date of the
review to the position at the date of allocation ie.
to establish progress or deterioration in standing
for the sector per indicator;
• Assess whether sector objectives have been achieved.
HOW WILL THE DEPARTMENT CONDUCT THE PERFORMANCE REVIEWS?
The fishing industry is divided into four clusters. Clusters A&B are the more capital intensive offshore sectors and
Clusters C&D are the more accessible inshore sectors. Different communication mediums for the clusters are being used,
but the overall requirements for the performance reviews remain the same.
CLUSTERS A & B
Clusters A&B subject to the review: Hake Deep Sea Trawl, Hake Inshore Trawl, Hake Longline,
Horse Mackerel, Small Pelagics (Sardine and Anchovy), South Coast Rock Lobster, KZN Prawn Trawl,
Patagonian Toothfish,West Coast Rock Lobster, Squid, Seaweed, Demersal Shark, and Tuna.
VERIFICATION
Information given is verified throughout the process
through tip-offs, red flagging and comparison with
the information the Department already has about
each right holder.
Prepare
catch records
Obtain BEE
certificate from
accredited supplier
If operating in economic
unit (Joint Venture)
liaise with unit
regarding merging
of transformation
data and apportionment
of jobs and investment
Ensure financial
statements have Fill in electronic questionnaire relating
1
been prepared to performance indicators
Prepare fishing levies Update information used when
2
payment records applying during LTRAMP
Compile and store documentary proof
PREPARATION in support of information submitted
PERFORMANCE
ASSESSMENT
PERFORMANCE ASSESSMENT
3 REPORT
The report is based on information given
in the Performance Reviews. It details the
QUALITATIVE assessment of your performance since
rights were allocated.
SURVEY WITHIN
THE FISHING
SECTOR
Fill in anonymous electronic
survey focusing on ecological,
compliance, socio-economic
and management issues
STATE OF THE SECTOR REPORT
The report is based on outcomes of the performance assessment report,
the qualitative survey and the research reports. It details to what extent
objectives of the sector have been met.
HOW WILL THE DEPARTMENT CONDUCT THE PERFORMANCE REVIEWS?
The fishing industry is divided into four clusters. Clusters A&B are the more capital intensive offshore sectors and
Clusters C&D are the more accessible inshore sectors. Different communication mediums for the clusters are being used,
but the overall requirements for the performance reviews remain the same.
CLUSTERS C & D
Clusters C&D subject to the review:
Hake Handline,West Coast Rock Lobster Nearshore,Traditional Line Fish, and Netfish.
VERIFICATION
Information given is verified throughout the process
through tip-offs, red flagging and comparison with
the information the Department already has about
each right holder.
Ensure
logbooks are
Take part in up-to-date
a face-to-face
interview
relating to
1
Ensure that
correct details
2
are with the
performance Department
indicators
PREPARATION
PERFORMANCE
ASSESSMENT
PERFORMANCE ASSESSMENT
REPORT
The report is based on information
3
given in the Performance Reviews. Take part in an anonymous
It details the assessment of your QUALITATIVE survey focusing on ecological,
performance since rights were allocated. compliance, socio-economic
SURVEY and management issues
within the fishing industry.
STATE OF THE SECTOR REPORT
The report is based on outcomes of the performance assessment report,
the qualitative survey and the research reports. It details to what extent
objectives of the sector have been met.
FREQUENTLY
ASKED QUESTIONS
Q: How do I as a right holder stand to gain from Q: Where can I get more information about the
the Performance Reviews? Performance Review process?
A: The Performance Reviews allow right holders to A: Contact the Department on email at
build up a track record with the Department and to performancereviewqueries@deat.gov.za or visit the
better understand how they are fairing relative to website at www.deat.gov.za. Telephone numbers for
others in the sector. It also provides right holders queries are 021 402 3263/3422/3491.
with the opportunity to point out weaknesses
in current management methods and in this way Q: When does my Performance Review happen?
contribute to better overall management of the A: Details will be published later.
relevant fishery. Q: Who should fill in the assessment and survey or
Q: Will right holders be consulted before the attend interviews?
reviews are done? A: In Clusters A and B, the right holder or its
A: Yes, the Department will consult with right authorized representative should complete the form
holders and associations regarding the performance and survey and in Clusters C and D the right holder
indicators before they are adopted. must personally attend the interviews.
Q: Will I lose my right if the Department is not Q: Who is my Authorised Representative?
satisfied with my performance? A: He/she takes responsibility for the completion of
A: No, but the Department may institute proceedings the forms in Clusters A and B. The Right Holder must
in terms of s28 of the MLRA for the cancellation of personally attend the interviews in Clusters C and D.
rights if specific circumstances warrant so. Q: What if I am a Right Holder in Cluster C or D
Q: What will happen to right holders who do not and am sick or unable to attend on the day?
participate in the reviews? A: The Department will come to your area in Cluster
A: Right holders are obliged to participate. Failure C and D only once. If you are unable to attend on the
to participate may result in the revocation of existing day, you may attend another session in a different region.
rights/permits and no future permits will be issued. Call the Department on 021 402 3263/3422/3491
to find out when and where the next interviews are
Q: How will I know what the results are? taking place.
A: The Department will inform each right holder in
writing of the outcome of the individual assessment. Q: What type of irregularity should I report
The notification letter may contain confidential to the tip-off line?
recommendations. The sector reports will be published. A: Report any irregularity that you think is relevant
to the Performance Review process. This can include
Q: How can I tell the Department about activities such as suspected fraud, corruption, over
irregularities concerning other right holders? fishing or not paying levies.
A: There is an anonymous tip-off line and email
address where such information can be provided. Q: Will I be expected to pay any fee to participate
The RVU will investigate relevant and legitimate in the performance reviews?
complaints and the results will be taken into account. A: No, the Department does not expect right holders
to pay. Also, the process has been designed in a
Q: How often will they take place? manner that makes it unnecessary for right holders to
A: Every two to three years. use consultants to advise them.
To report irregularity in the fishing industry, contact this toll free tip-off line
0800 213 135
fax toll free 0800 00 77 88 | e-mail performancereview@tip-offs.com
An anonymous tip-off line has been set up for a limited
period during the Performance Reviews in order to
ensure that all interested parties have the opportunity
to confidentially submit information relevant to the
Performance Review process.
Tip-offs Anonymous, a division of Deloitte, is Southern Africa’s leading independent hotline
service provider and is designed to assist you to report dishonesty while remaining totally
anonymous. Tip-offs Anonymous is completely independent of the Department, and can be
trusted to ensure that your identity remains confidential at all times.
You can contact the hotline 24 hours per day. An operator who is trained and experienced in
handling calls of this nature will answer your call. The operators compile call reports which they
forward to a designated member of the independent Rights Verification Unit. The Rights Verification
Unit evaluates the call reports and may request to interview callers where deemed necessary
(only in those cases where the caller was willing to disclose his/her identity and expressed willingness
to be interviewed). You also have the option of contacting the Tip-offs Anonymous Call Centre by
e-mail. The same conditions apply as far as anonymity and confidentiality are concerned.
We value your input and appeal to you to report any irregularities. However, we also urge you
to consider whether your call or e-mail relates to the Performance Review process before making
your call. Please provide detailed information and be as specific as possible. This enables the
Rights Verification Unit to evaluate the information in an efficient and cost effective manner.
Please also indicate if a member of the Rights Verification Unit may contact you to further
discuss the matter/s raised by you.
Examples of the type of information that would be relevant
to the Performance Reviews are:
• That a right holder in Cluster C and D has no direct involvement (‘wet hands’)
in the utilisation of his/her right;
• That a right holder has effectively sold the right without permission of the Department;
• That a right holder engages in unsustainable fishing practices such as overfishing,
fishing in protected areas, killing seals and seabirds or dumping fish; or
• That a right holder submitted false information in his/her appplication for a right.
PLEASE NOTE: The tip-off line is not an enquiry line
