Policy on the Allocation and Management of Commercial Fishing Rights in the Seaweed Fishery; 2015 (No. 1135 of 2015)

This gazette is also available free online at www.gpwonline.co.za 120 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES NO. 1135 16 NOVEMBER 2015 1135 Marine Living Resources Act (18/1998): Policy on the allocation and management of Commercial Fishing Rights in the Seaweed Fishery: 2015 39417 DEPARTMENT OF AGRICULTURE; FORESTRY AND FISHERIES POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED FISHERY: 2015 This document is also available in Afrikaans, isiXhosa and isiZulu Hierdie dokument is ook in Afrikaans, isiXhosa, en isiZulu beskikbaar Lencwadi iyafumeneka nangolwimi lwesiBhulu, IwesiXhosa nolwesiZulu Lencwadi iyatholakala nangolwimi lwesiBhunu, lwesiXhosa nolwesiZulu (In case of any inconsistency, the English text prevails) This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 121 TABLE OF CONTENTS 1. Introduction 1 2. Profile of the fishery 1 3. The 2005/2006 Long-Term Rights Allocation and Management Process 3 4. Objectives 4 5. Granting of fishing rights 5 6. Multi-sector involvement 6 7. Evaluation criteria 7 8. Provisional lists, representations and consultations 12 9. Announcement of decisions 12 10. Payment of application and grant of right fees 12 11. Management measures 12 12. Permit conditions 13 13. Glossary of Terms 14 This gazette is also available free online at www.gpwonline.co.za 122 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 1 of 32 1. Introduction The Department of Agriculture, Forestry and Fisheries (“the Department”) is responsible for administering the Marine Living Resources Act, 1998 (Act No. 18 of 1998) (“the MLRA”), regulations promulgated thereunder and policies issued by the Minister of Agriculture, Forestry and Fisheries (“the Minister”), in consultation with the Department. This policy on the allocation and management of fishing rights in the seaweed fishery (“the seaweed fishery”) shall be referred to as the “Seawead Fishery Policy: 2015”. This policy must be read in conjunction with the MLRA and regulations under the MLRA; the General Policy on the Allocation and Management of Fishing Rights: 2013 (“the 2013: General Policy”), other relevant current Sector Specific Policies including the Policy for the Small Scale Fisheries Sector in South Africa: 2012 and the Policy for the Transfer of Commercial Fishing right: 2009. This policy must be interpreted to be consistent with the MLRA, and all of the other relevant regulations and policies. This policy sets out objectives, criteria and considerations that will guide the allocation, evaluation, and management of fishing rights in the fishery. This policy will thus guide the Delegated Authority in taking decisions on applications in this fishery. Only persons issued with permits in terms of the MLRA may harvest seaweed, transport seaweed harvest from a landing site to the permitted Fish Processing Establishment (FPE) and export seaweed harvest and products thereof. 2. Profile of the Fishery 2.1 Description of the fishery Seaweeds harvesting in South Africa is primarily directed at two species of large brown seaweed (kelp), Ecklonia maxima and Laminaria pallida. These seaweeds are abundant in the cool, temperate waters between Cape Agulhas and Namibia. The South African coastline is also home to a number of other seaweed species, including Gelidium and Gracilaria. Since at least 1953 beach-cast kelp of both Ecklonia maxima and Laminaria pallida, have been harvested at quantities that have been determined by market demand. By 1977 a maximum of approximately 5 000 tons (dry weight) was reached. Since then, an annual average of 1 312 dry weight tons have been collected. Yields were lower between 1993 and 1995 as a consequence of strong international competition from Chinese alginate producers. Beach-cast kelp is sun dried, milled and exported mainly for the extraction of alginate. No commercial extraction occurs in South Africa due to strong international competition. Laboratory tests on South African kelps indicate that alginate yields of between 22 and 40 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 123 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 2 of 32 percent. Recently, powdered kelp has been exported to Japan for use in formulated fish-feed. Fresh kelp has been harvested since 1979 in relatively small quantities for the production of a liquid plant-growth stimulant (Kelpak). A similar local product has recently also been marketed (Liquikelp). These products contain cytokinins that have been shown to improve the growth and quality of various food and horticultural crops. The recent growth of the abalone farming industry has created further demand for freshly harvested kelp. Commercially viable quantities of Gracilarioid seaweeds (Gracilaria gracilis and Gracilariopsis sp.) occur in Saldanha Bay and St Helena Bay. Since at least 1957 commercially viable quantities of Gelidium have been harvested in the Eastern Cape. Four species (G. pristoides, G abbottiorum, G. pteridifolium and possibly some G. capense) have historically been harvested from the intertidal and shallow subtidal zones of concession areas 1, 20, 21, 22 and 23. Currently, only G. pristoides has reasonable marketing potential. An attempt was made to extract agar in the Eastern Cape from 1978-1982 but this proved uneconomical. The present levels and methods of exploitation have a negligible ecological effect. Exploitation levels are essentially controlled by limiting effort to only one commercial operator per concession area and through the monitoring of yields. These species are also difficult to fully remove by picking. Whilst the Minister annually sets both a total allowable catch (“TAC”) and Total Applied Effort (“TAE”) for the seaweed sector, the principal management tool is effort control and the number of right holders in each seaweed harvesting area is restricted. Each concession area is limited to one right- holder for each functional group of seaweeds (e.g. kelps, Gelidium spp., Gracilariods). In certain areas there are also limitations are placed on the amounts that may be harvested. Seaweed is harvested on a per area basis. The Department has divided the South African coastline (between Port Nolloth and Port St Johns) into 23 harvesting areas. Very few right holders who harvest seaweed add value to it. Currently, many right holders harvest seaweed for feed for abalone farms. In terms of value adding, seaweed is used in specialised "health-food" products, fertilizers, as part of aromatherapy products and for cosmetic products. The seaweed sector employs approximately over 1 700 people (of whom approximately 313 are permanent whilst approximately 1 450 are employed seasonally). Approximately 92 percent of the jobs created are held by historically disadvantaged persons. The majority of workers are women. The start-up costs for a new entrant may range from approximately R250 000 to R10 million. The operations are labour intensive and it is reported that wage costs for the various right holders range from approximately R50 000 per annum to R1 783 000 per annum. Certain This gazette is also available free online at www.gpwonline.co.za 124 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 3 of 32 right holders also invest in research and development and these investments range from R60 000 to R600 000 per annum. 2.2 Current resource users Seaweed right holders harvest the seaweed in various ways depending on what part of the seaweed is required by the right-holder. Right-holders either harvest the seaweed fronds or the whole seaweed. Some right-holders collect the seaweed washed up on the shore. There are 23 commercials areas in which to exploit seaweed. It is not being exploited in areas 2, 3, 18, 19, 20 and 22. 3. The 2005/2006 Long-Term Rights Allocation and Management Process In the 2005/2006 Long-Term Fishing Rights Allocation and Management Process (LTRAMP). 14 commercial seaweed harvesting rights were allocated to a total of 14 commercial entities. In 1997, the commercial seaweed sector was dominated by white-owned and managed entities. Currently, six of the 14 right holder entities are black-owned and managed. Accordingly, 42.8 percent of right holders are black. Of the 14 right holders, seven (or 50 percent) are small- and medium-sized enterprises. A map of the concession areas (Figure 1) and brief descriptions of the resources in each area are attached as Appendix A. Concession areas S 25 30 35 Luderitz 19 "' NORTHERN CAPE 18° Kleinzee 15 . St Helena Bay Cape Columbine SOUTH AFRICA '''íc ÇZULU NATAL Dirban SaldantlaElay EAS RN S\ CAPE epr 23. 14 13 12 1 t... STERN CAPE East London 22 2021 Cape Peninsula Port 10 Cape Aguiha Elizabet .7.8: Cape Point r: 5: 4 6 i I 15 1 20 25' 30 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 125 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 4 of 32 Figure 1: The map showing the Seaweed concession areas. 4. Objectives 4.1 The objectives and principles of allocating fishing rights in a fishery are set out in section 2 of the MLRA, inter alia, to: (a) promote transformation through allocation of fishing rights to entities owned and/or controlled by historically disadvantaged persons which shall include designated groups (youth, women and people with disabilities), and to broaden meaningful participation in a fishery (through increased participation, sharing value-creation opportunities and profits, and forging links); (b) ensure sustainable livelihoods through the promotion of fair employment; (c) promote adherence to fair labour practices and improved working conditions; (d) promote food security and poverty alleviation; (e) prefer applicants who rely on the harvesting of seaweed as a major source of their gross annual income over above applicants deriving income from sources outside the fishery; (f) facilitate the recovery of over-exploited and collapsed fish stocks; and This gazette is also available free online at www.gpwonline.co.za 126 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 5 of 32 (g) achieve optimum utilisation and ecologically sustainable development of marine living resources. 5. Granting of fishing rights Fishing rights are granted in terms of section 18 of the MLRA. In terms of section 79 of the MLRA the Minister has delegated the power to grant fishing rights in each fishery to a Delegated Authority in the Department. Unless otherwise determined by the Minister only South African persons shall acquire or hold rights in this sector. In the seaweed fishery the Minister has not exercised his power to allow persons of other nationalities to acquire rights, meaning that only South African persons can acquire rights in the fishery. The Delegated Authority shall allocate proportions of TAC and/or TAE to each successful applicant based on the applicable balancing criteria and it will be reflected as a proportion of the local commercial TAC, TAE or a combination thereof available at the time the fishing right is allocated. All rights granted shall be valid from the date of allocation for a period not exceeding 15 years, where after they will automatically terminate and revert back to the State to be reallocated. It should be further noted that in terms of section 16 of the MLRA the Minister may suspend any fishing in the seaweed fishery or impose effort restrictions in order to address a state of emergency. 4.1 Form of Right Holders (a) Section 18 of the MLRA provides that only South African persons may hold fishing rights. (b) Having regard to the nature of operations and resources accessibility, only the following South African persons will be considered in the fishery: (i) a citizen (individual) as defined in terms of the South African Citizenship Act, 1995 (Act 88 of 1995); (ii) a company (legal entity); and (iii) a close corporation (legal entity). 4.2 Duration of Right Having regard to the right allocation process and the need to encourage investment in the fishery, fishing rights will be granted in the seaweed fishery for a maximum period of 15 years. 4.3 Total Allowable Catch and Total Applied Effort In terms of section 14 of the MLRA the Minister is empowered to determine a TAC, TAE or combination thereof to apply in each fishery. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 127 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 6 of 32 The TAC, TAE or combination thereof are determined by the Delegated Authority considering the history, resource users, sustainability of the operations of right holders and the viability of the fishery. The Delegated Authority will only allocate a local commercial portion of the determined TAC, TAE or combination thereof to commercial right holders based on the proportion granted to each successful applicant at the time of the commercial fishing rights allocation process. The right holder’s allocation may decrease or increase should the annual local commercial portions of the determined TAC, TAE or combination thereof decrease or increase respectively. In terms of section 14(4) of the MLRA, if the allowable commercial catch in respect of which commercial fishing rights exist increases, the mass of the increase shall be available for allocation by the Minister. 4.4 Transfer of Rights Allocated in terms of this Policy In terms of section 21 of the MLRA the Minister may approve transfer of fishing rights in whole or in part. However, rights granted in terms of the MLRA shall not be transferred within the first two (2) years of being granted. Rights can only be transferred in terms of the Policy for the Transfer of Commercial Fishing Rights (Government Gazette No 32449, 31 July 2009) or relevant amendments thereof. A notification of transfer of shares or members’ interest must be served on the Department within 30 days of such sale or transfer or any time-period set in applicable permit conditions in all cases in which shares or a member’s interest in a right holder are sold or transferred,. In addition, the Department’s approval is required for all cases in which the sale or transfer of shares or a member’s interest in a right holder results in a change of control of the entity, or in the entity being less transformed than it was at the date on which rights are allocated. Failure to pay the required fees for the grant of a right or to apply for any permits or to declare any catches during the first two (2) years shall result in a cancellation of the right by the Minister. 6. Multi-sector involvement Applicants for the allocation of rights in the seaweed fishery will not be precluded from applying for, or holding commercial fishing rights in other local commercial fisheries sectors. This gazette is also available free online at www.gpwonline.co.za 130 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 7 of 32 This shall mean any person can apply for a right in any fishery sector regardless whether the applicant has applied for a right or holds a right in any other fishery sector. In this case, the “applicant” shall mean an individual, a shareholder or Director in a company, or a member in a close corporation or a co-operative applying for a right in any fishery sector. However the Delegated Authority reserves the right to grant a right in any sector. Natural persons who hold shares or a member’s interest in an entity which is applying for the allocation of rights in the fishery, may also hold shares, an interest or a stake in a an entity or cooperative which is applying for, or already holds rights in another fishery. Natural persons who are directors or employees of an entity which is applying for the allocation of rights in the fishery, may also be a shareholder, member, director or employee of an entity which is applying for, or already holds rights in another fishery; or be a participant in a cooperative operating in another fishery. The Delegated Authority reserves the right to grant a right to the applicant in any sector and may, however, prefer applicants who rely on the harvesting of seaweed as a major source of their gross annual income. 7. Evaluation criteria Applications for rights in the seaweed fishery will be screened in terms of a set of “exclusionary criteria”. All applicants will thereafter be separately scored in terms of a set of weighted “comparative balancing criteria”. A cut-off will then be determined in order to select the successful applicants and a TAC, TAE or combination thereof will be apportioned to successful applicants. 7.1 Exclusionary criteria Apart from the criteria described in the 2013: General Policy pertaining to the lodgement of applications and material defects, the Delegated Authority will exclude applicants that fail to meet the following requirements/criteria: (a) Compliance An applicant will be excluded, if it, a member with controlling interest, a director or a controlling shareholder has been convicted of a serious transgression of the MLRA (without the option of the payment of a fine). An applicant will also be excluded, if it, a member with a controlling interest, a director or controlling shareholder had had any fishing right cancelled or This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 131 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 8 of 32 revoked in terms of the MLRA. For these purposes a natural person will be treated as having had rights cancelled or revoked if that person was a controlling shareholder, a member with a controlling interest, or a director of an entity which had its rights cancelled or revoked. Minor infringements, including those in respect of which an admission of guilt fine was paid, may be taken into account as a balancing criterion and may also adversely affect an application. (b) Paper quotas Applications from paper quota applicants, as defined in the 2013: General Policy will be excluded. (c) Non–utilisation Applicants which have held a right in the seaweed fishery during the period of 2006 to 2015, which was not utilised, shall be excluded. (d) Personal involvement in harvesting of the resource Individual applicants will be required to demonstrate that they will be personally involved in this fishery. They will be required to actively participate in the harvesting of the resource and the business operations. Only applicants incapable of participating due to a permanent physical disability will be exempted from this requirement. Consideration will be given to female applicants who may not be personally involved in the harvesting of the resource but who are dependent on the seaweed fishery for their livelihood. 7.2 Balancing criteria Applicants will be evaluated in terms of the following balancing criteria, which will be weighted in order to evaluate and assess applications: (a) Transformation When assessing and scoring applications, and when allocating portions of the TAC, TAE or combinations thereof to successful applicants, the Delegated Authority may prefer applicants based on transformation criteria. When attributing a score for transformation criteria, or allocating portions of the TAC, the Delegated Authority may have regard to: census statistics or other information provided by Statistics South Africa regarding the composition of the population of South Africa, and the percentage of that population made up by different demographic groups; the need to ensure the recognition and meaningful participation in the This gazette is also available free online at www.gpwonline.co.za 132 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 9 of 32 fishing industry, of Historically Disadvantaged Individuals (HDIs) and the codes of good practice under the Broad Based Economic Empowerment Amended Act Applicants, depending on the form of applicant, will be assessed and scored on the following transformation criteria: (i) The percentage of people from designated groups and HDIs represented at top salary, board of directors, members and senior official and management levels; (ii) The extent to which an applicant's black ownership and black management transformation credentials (as measured in the 2005 LTRAMP) have subsequently improved, remained the same, or deteriorated in the period following the granting of rights in the 2005 LTRAMP process; (iii) Whether employees (other than top salary earners) benefit from an employee share scheme; (iv) Compliance with the Employment Equity Act 55 of 1998, and the representivity of designated groups and HDIs at the various levels of employment below senior official and management level; (v) Affirmative procurement; (vi) Compliance with legislation on skills development and the amounts spent on the training of blacks, youth, women, people with disabilities, and participation in learnership programmes; and (vii) Corporate social investment. (b) Fishing performance The historical fishing performance of applicants who have held fishing rights in the seaweed fishery will be examined to determine if they have effectively utilised their fishing rights. Effective utilisation shall mean activation of the catch permit and subsequent catch data submission for at least five (5) years during the period 2007-2014. Applicants should submit this information with their application forms. (c) Local economic development (i) In order to promote local economic development the Delegated Authority will give preference to applications who will land catches at harbours situated outside the metropolitan areas. (ii) The Delegated Authority may, in order to ensure that all fishing communities share in the marine living resources, use the locality of landing sites and fishing processing establishments as scoring or tie This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 133 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 10 of 32 breaking criteria. For these purposes the Delegated Authority may give preference to applicants, with the aim of ensuring an equitable distribution of opportunities to communities along the coastline. (d) Job creation The Delegated Authority may give preference to any applicant which commits to retaining existing employment opportunities, or to increasing employment opportunities if it is allocated rights in the fishery. For these purposes the Delegated Authority will consider the quality of the employment opportunities which will be created, including compliance with the Basic Conditions of Employment Act, 1997 (No. 75 of 1997) (“BCEA”); and the applicant’s commitment to provide their employees with: (i) permanent employment; (ii) medical aid or any kind of medical support arrangement; (iii) pension / provident fund; (iv) safe working conditions in accordance with the applicable legislative requirements; and (v) an employee share scheme, which ensures that employees enjoy an effective shareholding in the right holder. (e) Access to a suitable vessel An applicant will be required to demonstrate a right of access to a vessel suitable for the harvesting in the fishery, where applicable as some methods of seaweed harvesting does not require the use of a vessel, e.g. in beach cast kelp harvesting. Access may be in the form of ownership, part ownership, a catch agreement, a charter agreement, or a bank guarantee for sufficient capital to purchase or build a vessel. If an applicant intends purchasing a vessel then additional information must be provided to prove a firm and binding offer by the current owner of the vessel to sell the vessel to the applicant and a purchase agreement must be provided. If an applicant intends building a new vessel then additional information must be provided including the vessel plans, the cost to be incurred and a firm and binding commitment by a vessel building company to build the vessel. The vessel must be certified by South African Maritime Safety (SAMSA) as being safe. This gazette is also available free online at www.gpwonline.co.za 134 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 11 of 32 (f) Applicant’s involvement and relationship with other applicants (i) Same household involvement The same household may not be granted more than one right in the seaweed fishery so as to avoid fronts and monopolies and to broaden access to the seaweed resource. Applicants are required to disclose their relationship to other applicants in the seaweed fishery as well as in other commercial fisheries. If more than one member of the same household applies for a right, the Department will determine who the preferred right holder will be with due regard being taken to the Department’s transformation objectives. (ii) Entity and their subsidiaries involvement A company and its subsidiary/ies may not be granted more than one right in a fishery, so as to avoid fronts and monopolies and to promote broaden access to the seaweed resource. Applicants are required to disclose their relationship to other applicants for the allocation of rights in the fishery, as well as in other commercial fisheries. If an entity and its subsidiary both apply for a right in the same fishery, the holding/umbrella/parent company will be preferred with due regard being taken to the Department’s transformation objectives. (iii) Brother-Sister Corporations If two or more entities which are owned and controlled by the same person or persons or shareholders apply for a commercial fishing right in the fishery, and qualify for allocation of such rights, then the Department may consider allocating a fishing right to one of the qualifying entities only; or dividing the TAC/TAE between the qualifying entities. (iv) Individuals with shareholding in legal entity If an individual applies and qualifies for a fishing right in the seaweed sector as an individual as well as a shareholder in a legal entity, the Department will only consider allocating the seaweed fishing right to the individual in the capacity as a shareholder of the legal entity so as to broaden participation in the seaweed fishery. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 135 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 12 of 32 (g) Applicants who reside adjacent to the fishing concession areas will be preferred over other applicants. 8. Provisional lists, representations and consultations 8.1 The Delegated Authority may issue provisional lists for comment on any aspect relating to an application in any fishery/sector. 8.2 The Delegated Authority may request comment on any of the information provided by an applicant and on the basis of the comments received make its final decision. 8.3 The Delegated Authority may invite representations regarding the assessment of the applications before making final decisions. 9. Announcement of decisions The Delegated Authority shall after making final decisions on the applications inform all applicants of the outcome of their individual applications giving specific reasons for such decision. Further General Reasons for decisions in a specific fishery sector will be published informing all applicants on how the decisions were formulated and reached. The General Reasons shall also include an annexure outlining the scores obtained by all application in the seaweed sector. 10. Payment of application and grant of right fees 10.1 The application fees will be determined having regard to: (a) The cost of the entire fishing rights allocation process, including consultation, receipting, evaluation of applications, verification, appeals and reviews; and (b) The value of the fish being allocated over the duration of the right. 10.2 The non –refundable application fee shall be payable on or before the submission of the application form and only proof of payment shall be brought to the receipting centre. 10.3 The grant of right fee is payable by all successful applicants upon the granting of rights. 11. Management Measures The management measures discussed below reflect a number of the Department’s principal post-right allocation management intentions for this fishery. This gazette is also available free online at www.gpwonline.co.za 136 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 13 of 32 11.1 Ecosystem approach to fisheries A fishery will be managed in accordance with the ecosystem approach to fisheries (“EAF”). An ecosystem approach to fisheries management is a holistic approach that maintains or improves the health of an ecosystem and balances the diverse societal needs and values. This approach also defines the ecosystem in its broadest sense and includes ecological, social, economic and governance systems. An EAF strives to balance diverse societal objectives, by taking into account the knowledge and uncertainties about biotic, abiotic and human components of ecosystems and their interactions and applying an integrated approach to fisheries within ecologically meaningful boundaries. 11.2 Observer Programme (a) The right holder of a commercial seaweed fishing right shall accommodate an observer on board the right holder`s nominated vessel when required to do so by the Department or its agent. (b) The right holder may bear the costs of the observer deployment when so required by the Department. (c) The right holder shall allow the Observer unrestricted access to monitor fishing activity and to test compliance with permit conditions and all applicable laws. (d) Should the Department reasonably believe that an Observer is being prevented from carrying out his or her obligations in any way, or threatened in any way while on board the right holders’ vessel; the Department may implement proceedings under section 28 of the MLRA. 11.3 Performance measuring Successful applicants will be subjected to a number of performance measuring exercises for the duration of their fishing right. The purpose of performance measuring will be to ensure that the objectives of the fishery are being met and that management methodologies and procedures remain current and suitable for the fishery. 11.4 Offences A successful applicant that fails to utilise its seaweed fishing right for one fishing season without any reasonable explanation or that contravenes the provisions of the MLRA will be subject to proceedings under section 28 of the MLRA. 12. Permit conditions Permit conditions for the seaweed fishery will be issued annually. The permit conditions will be determined after consultation with successful applicants in the seaweed fishery and will be subject to revision as and when it may be necessary. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 137 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 14 of 32 13. Glossary of Terms 13.1. “Brother- Sister corporations” are subsidiary companies owned by the same parent company. 13.2. “Close corporation” means close corporation in terms of the Close Corporations Act, (Act No. 69 of 1984), of which the majority of members are South African persons. 13.3. “Company” means a company registered in terms of the Companies Act, (Act No. 71 of 2008), of which the majority of shareholders, as prescribed by the Minister, are South African persons. 13.4. “Historically disadvantaged person” means a person who belongs to a group of persons who suffered racial discrimination in terms of the system of apartheid and includes women. 13.5. "Legal entity" means a close corporation or company. 13.6. “MLRA” means the Marine Living Resources Act (Act No. 18 of 1998). 13.7. “Race, gender and disability” means race, gender and disability as defined in the Employment Equity Act (Act No. 55 of 1998. 13.8. “Right Holder” means a person or a legal entity that was previously granted or lawfully acquired a fishing right or which will be granted a right in the allocation process envisaged in this Policy. 13.9. “Rights” means fishing or harvesting rights granted in terms of section 18 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998). 13.10. “Same household” means a group of two or more persons living in a residential dwelling unit (which includes a house, semi-detached dwelling, separate outbuildings, an apartment, or any other independent structure) who are dependent on each other, or dependent on one or more members of that group. This includes, but is not limited to, spouses or persons in a long-term relationship, and their dependent children; guardians and their dependent wards; and any other dependent relationship. Persons living at the same address or in the same residential unit, and who are not dependent on any other person at that address or residential unit, do not constitute the same household. 13.11. “South African citizen” means a South African citizen in terms of the South African Citizenship Act, 1995 (Act No. 88 of 1995). 13.12. “Subsidiary company” is a company that is partly or completely owned by another company that holds a controlling interest in the subsidiary company. 13.13. “The Department” means the Department of Agriculture, Forestry and Fisheries. 13.14. “The Minister” means the Minister of Agriculture, Forestry and Fisheries. 13.15. “The 2013: General Policy” means the General Policy on the Allocation and Management of Fishing Rights: 2013. 13.16. “Total Allowable Catch” (TAC) means the maximum quantity of fish of individual species or group of species made available annually or during such other period of This gazette is also available free online at www.gpwonline.co.za 138 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 15 of 32 time as may be prescribed, for combined recreational, small-scale, commercial and foreign fishing. 13.17. “Total Applied Effort” (TAE) means the maximum number of fishing vessels, the type, size and engine power thereof or the fishing method applied thereby for which fishing vessel licences or permits to fish may be issued for individual species or groups of species, or the maximum number of persons on board a fishing vessel for which fishing licences or permits may be issued to fish for individual species or groups of species. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 139 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 16 of 32 APPENDIX A Figure 1: The map showing the Seaweed concession areas. This gazette is also available free online at www.gpwonline.co.za 140 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 17 of 32 Area 1 (Gelidium right) 1. Boundaries of Concession Area: Kei River (32º 40' 28" S, 28º 23' 00" E) to Cape Seal (34º 01' 12" S, 23º 24' 48" E). 2. Functional group/genus/species: Gelidium pristoides, G. abbottiorum, G. amansii, G. pterididfolium (“G. cartilagineum/G. versicolor”) 3.Harvesting/collecting method: By hand (picking). 4. Maximum Yield: Not applicable (effort-controlled). Area 2 (Gelidium right) 1. Boundaries of Concession Area: Cape Seal (34º 01' 12" S, 23º 24' 48" E) to Cape St Blaize (34º 10' 16" S, 22º 05' 30" E). 2. Functional group/genus/species: Gelidium pristoides, G. abbottiorum, G. amansii, G. pterididfolium (“G. cartilagineum/G. versicolor”) 3.Harvesting/collecting method: By hand (picking). 4. Maximum Yield: Not applicable (effort-controlled). 5. Comments: Poor resource: low biomass, poor access, MPAs. Area 3 (Gelidium right) 1. Boundaries of Concession Area: Cape St Blaize (34º 10' 16" S, 22º 05' 30" E) to the eastern bank of the Breede River River (34º 24' 00" S, 20º 50' 00" E). 2. Functional group/genus/species: Gelidium pristoides, G. abbottiorum, G. amansii, G. pterididfolium (“G. cartilagineum/G. versicolor”) 3.Harvesting/collecting method: By hand (picking). 4. Maximum Yield: Not applicable (effort-control) 5. Comments. Limited resource: only a few good sub-areas. Area 4 (Gelidium right) 1. Boundaries of Concession Area: Western bank of the Breede River River (34º 24' 40" S, 20º 50' 00" E) to Cape Agulhas (34º 49' 40" S, 20º 00' 40" E). 2. Functional group/genus/species: This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 141 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 18 of 32 Gelidium pristoides, G. abbottiorum, G. amansii, G. pterididfolium (“G. cartilagineum/G. versicolor”) 3.Harvesting/collecting method: By hand (picking). 4. Maximum Yield: Not applicable (effort-control) 5. Comments: Poor resource: low biomass, poor access, MPAs. Area 4: (Mixed beach-cast seaweed right). 1. Boundaries of Concession Area: Western bank of the Breede River River (34º 24' 40" S, 20º 50' 00" E) to Cape Agulhas (34º 49' 40" S, 20º 00' 40" E). 2. Functional group/genus/species: Mixed beach-cast seaweeds (all species including kelp). 3.Harvesting/collecting method: Beach-cast seaweeds: all or any parts of beach-cast plants may be collected by hand, shovel, rakes, etc. No attached seaweeds may be picked. 4. Maximum Yield: Not applicable (effort-controlled). 5. Comments: Sometimes collected for abalone feed. Area 5 (kelp right) 1. Boundaries of Concession Area: Cape Agulhas (34º 49' 40" S, 20º 00' 40" E) to the eastern bank of the Uilenkraal River (34º 36' 24" S, 19º 24' 36" E). Harvesting exclusion zones. Note that no kelp harvesting is permitted in the following areas: From Oubaai (34º 47' 00" S, 19º 39' 30" E) to Cape Agulhas; from Sandy Point (34º 39' 20" S, 19º 27' 06" E) to the eastern bank of the Uilenkraal River. 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3.Harvesting/collecting method: 3.a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3.b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, from a boat or from the shore. Note that most of this area falls within a Diving Ban area which extends from Gansbaai Harbour to Quoin Point. Harvesters may not use, or be in possession of, underwater breathing apparatus. 4. Maximum Yield: as specified in annual permit. Beach-cast kelp: no limit. 5. Comments: 2014/15 kelp TAC: This gazette is also available free online at www.gpwonline.co.za 142 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 19 of 32 Kelp fronds: A maximum of 2625 tonnes fresh weight of kelp fronds may be harvested in one year Whole kelp plants (fronds plus stipes): a maximum of 0 tonnes per year. Area 5: mixed beach-cast seaweed right (excluding kelp) 1. Boundaries of Concession Area: Cape Agulhas (34º 49' 40" S, 20º 00' 40" E) to the eastern bank of the Uilenkraal River (34º 36' 24" S, 19º 24' 36" E). 2. Functional group/genus/species Mixed beach-cast seaweeds, all species excluding kelp. 3.Harvesting/collecting method: Beach-cast seaweeds: all or any parts of beach-cast plants may be collected by hand, shovel, rakes, etc. No attached seaweeds may be picked. 4. Maximum Yield: Not applicable: effort-controlled. 5. Comments: Occasionally collected for abalone feed in the past. Area 5 (Ulva/Porphyra right) 1. Boundaries of Concession Area: Cape Agulhas (34º 49' 40" S, 20º 00' 40" E) to the eastern bank of the Uilenkraal River (34º 36' 24" S, 19º 24' 36" E). 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible. Area 6 (kelp right) 1. Boundaries of Concession Area: Western bank of the Uilenkraal River (34º 36' 24" S, 19º 24' 36" E to the eastern bank of the Mossel River (34º 24' 30" S, 19º 16' 24" E) on the mainland and Dyer Island and its neighbouring reefs. Harvesting exclusion zones. Note that no kelp harvesting is permitted in the following areas: From Stanford’s Cove (34º 34' 06" S, 19º 21' 20" E) to Voorsteklip (34º 31' 00" S, 19º 22' 20" E ; from Blousloep ( 34º 36' 50" S, 19º 23' 18" E) to the western bank of the Uilenkraal River; within 500m of Dyer Island. 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3.Harvesting/collecting method: 3.a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 143 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 20 of 32 3.b. Harvesting of live (fresh) kelp: Note that most of this area falls within a Diving Ban area which extends from Gansbaai Harbour to Quoin Point. Therefore from Gansbaai Harbour to the Uilenkraal River, and at Dyer Island,only non-lethal harvesting of kelp fronds is permitted. Harvesting of fronds must be done by hand, using a knife or sickle. The secondary blades (fronds) must be cut at least 25 cm from their junction with the primary blade. No cutting of the stipe, bulb or primary blade is permitted. In this area harvesters may not use, or be in possession of, underwater breathing apparatus. From Gansbaai Harbour to the Mossel River there is no diving ban and the harvesting of whole kelp (lethal harvesting) is permitted. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. Kelp: as specified in annual permit. 5. Comments: 2014/15 kelp TAC: A maximum of 4592 tonnes fresh weight of kelp fronds may be harvested in one year, comprising 3504 tonnes from mainland kelp beds, and 1088 tonnes from Dyer Island and associated reefs. Area 6 (Ulva/Porphyra right) 1. Boundaries of Concession Area: Western bank of the Uilenkraal River (34º 36' 24" S, 19º 24' 36" E to the eastern bank of the Mossel River (34º 24' 30" S, 19º 16' 24" E) excluding Dyer Island and its neighbouring reefs. 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible Area 7 (kelp rights) 1. Boundaries of Concession Area: Western bank of the Mossel River (34º 24' 30" S, 19º 16' 24" E) to the eastern bank of the Bot River estuary mouth (34º 22' 00" S, 19º 06' 00" E). Harvesting exclusion zones. Note that no kelp harvesting is permitted in the following areas: From the Hermanus New Harbour (34º 26' 00" S, 19º 13' 30" E) to the western bank of the Mossel River (34º 24' 30" S, 19º 16' 24" E) ; from Skulphoek (34º 26' 10" S, 19º 12' 14" E) to a point in line with the Sandbaai main road (34º 25' 40" S, 19º 11' 37" E) (i.e. within Sandbaai). 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) This gazette is also available free online at www.gpwonline.co.za 144 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 21 of 32 3.Harvesting/collecting method: 3.a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3.b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. Kelp fronds: As specified in annual permit. Whole kelp plants (fronds plus stipes): As specified in annual permit. 5. Comments: Kelp TAC 2014/205: A maximum of 710 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 1421 tonnes of whole kelp may be harvested in one year. Area 7 (Ulva/ Porphyra right) 1. Boundaries of Concession Area: Western bank of the Mossel River (34º 24' 30" S, 19º 16' 24" E) to the eastern bank of the Bot River estuary mouth (34º 22' 00" S, 19º 06' 00" E). 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible Area 8 (kelp right) 1. Boundaries of Concession Area: Western bank of the bank of the Bot River estuary mouth (34º 22' 00" S, 19º 06' 00" E) to Swartklip (34º 04' 29" S, 18º 41' 12" E). Harvesting exclusion zones. Note that no kelp harvesting is permitted in the following areas: In the Bettys’ Bay Marine Reserve i.e. from Stony Point (34º 22' 28" S, 18º 53' 45" E) to Beacon B4 on the eastern side of Jock Se Baai (Dawidskraal) (34º 21' 24" S, 18º 56' 17" E). 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3. Harvesting/collecting method: 3. a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3. b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 145 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 22 of 32 Kelp fronds: As specified in annual permit 5. Comments: 2014/2015 kelp TAC: A maximum of 1 024 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 2 048 tonnes of whole kelp may be harvested in one year.. Area 8 (Ulva/ Porphyra right) 1. Boundaries of Concession Area: Western bank of the bank of the Bot River estuary mouth (34º 22' 00" S, 19º 06' 00" E) to Swartklip (34º 04' 29" S, 18º 41' 12" E). Harvesting exclusion zones. Note that no kelp harvesting is permitted in the following areas: In the Bettys’ Bay Marine Reserve i.e. from Stony Point (34º 22' 28" S, 18º 53' 45" E) to Beacon B4 on the eastern side of Jock Se Baai (Dawidskraal) (34º 21' 24" S, 18º 56' 17" E). 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible Area 9 (kelp right) 1. Boundaries of Concession Area: From Simonstown municipal border at Rocklands (34º 13' 00" S, 18º 28' 00" E) to Klein Koeelbaai near Bakoven (33º 57' 38" S, 18º 22' 20" E). Permitted harvesting zone: Kelp harvesting is permitted in the Soetwater/Kommetjie area. 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3. Harvesting/collecting method: 3. a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3. b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield from Soet water area. Beach-cast kelp: no limit. Kelp fronds: as specified in annual permit. 5. Comments: 2014/2015 kelp TAC: A maximum of 1 030 tonnes fresh weight of kelp fronds may be harvested in one year OR Whole kelp plants (fronds plus stipes): A maximum of 2 060 tonnes of whole kelp may be harvested in one year. This gazette is also available free online at www.gpwonline.co.za 146 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 23 of 32 Area 9 (Ulva/Porphyra right) 1. Boundaries of Concession Area: From Simonstown municipal border at Rocklands (34º 13' 00" S, 18º 28' 00" E) to Klein Koeelbaai near Bakoven (33º 57' 38" S, 18º 22' 20" E), excluding MPAs.. 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible. Note that much of this area lies in MPAs. Area 10 (kelp right) 1. Boundaries of Concession Area: CCC boundary south of Blouberg (33º 48' 48" S, 18º 28' 00" E) to South Head, Saldanha (33º 06' 18" S, 17º 57' 18" E). . Harvesting exclusion zone Note that no kelp harvesting is permitted in the following areas: South Head (33º 06' 18" S, 17º 57' 18" E) to Black Rock (33º 09' 44" S, 18º 01' 20" E), off Dassen Island, off Robben Island. 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3. Harvesting/collecting method: 3. a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3. b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. Kelp fronds: as specified in annual permit. 5. Comments: 2014/2015 kelp TAC: A maximum of 94 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 188 tonnes of whole kelp may be harvested in one year. Area 10 (Ulva/Porphyra right) 1. Boundaries of Concession Area: CCC boundary south of Blouberg (33º 48' 48" S, 18º 28' 00" E) to South Head, Saldanha (33º 06' 18" S, 17º 57' 18" E). Harvesting exclusion zone Note that no harvesting is permitted in the following areas: This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 147 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 24 of 32 South Head (33º 06' 18" S, 17º 57' 18" E) to Black Rock (33º 09' 44" S, 18º 01' 20" E), off Dassen Island, off Robben Island. 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible. Area 11 (Kelp right) 1. Boundaries of Concession Area: North Head (Schooner Rock), Saldanha (33º 03' 05" S, 17º 54' 36" E) to the southern bank of the Berg River (32º 46' 12" S, 18º 08' 42" E). 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3. Harvesting/collecting method: 3. a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3. b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. Kelp fronds: as specified in annual permit. 5. Comments. 2014/2015 kelp TAC: A maximum of 1543 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 3085 tonnes of whole kelp may be harvested in one year. Area 11 (Gracilaria right) 1. Boundaries of Concession Area: North Head (Schooner Rock), Saldanha (33º 03' 05" S, 17º 54' 36" E) to the southern bank of the Berg River (32º 46' 12" S, 18º 08' 42" E). 2. Functional group/genus/species: Beach-cast Gracilaria 3. Harvesting/collecting method: Beach-cast Gracilaria only: all or any parts of beach-cast plants may be collected by hand, rakes, etc. No harvesting of live (fresh) material by diver is permitted. 4. Maximum Yield. Not applicable. 5. Comments. Very occasional wash-ups south of the Berg River. Should be collected together with Gracilaria in Area 12. This gazette is also available free online at www.gpwonline.co.za 148 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 25 of 32 Area 11 (Ulva/Porphyra rights) 1. Boundaries of Concession Area: North Head (Schooner Rock), Saldanha (33º 03' 05" S, 17º 54' 36" E) to the southern bank of the Berg River (32º 46' 12" S, 18º 08' 42" E). 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield A maximum of 2 tons fresh weight of Ulva spp. and 5 tonnes of Porphyra spp. may be harvested in one year. Area 12 (kelp right) 1. Boundaries of Concession Area: North bank of the Berg River ( 32º 46' 06" S, 18º 08' 48" E) to the southern border of Lambert’s Bay (32º 06' 00" S, 18º 18' 12" E) . 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3. Harvesting/collecting method: 3. a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3. b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. Kelp fronds: as specified in annual permit. 5. Comments. 2014/2015 TAC: A maximum of 25 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 50 tonnes of whole kelp may be harvested in one year. Area 12 (Ulva/Porphyra right) 1. Boundaries of Concession Area: North bank of the Berg River ( 32º 46' 06" S, 18º 08' 48" E) to the southern border of Lambert’s Bay (32º 06' 00" S, 18º 18' 12" E) . 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 149 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 26 of 32 Area 12 (Gracilaria/Gracilariopsis right) 1. Boundaries of Concession Area: North bank of the Berg River (32º 46' 06" S, 18º 08' 48" E) to the southern border of Lambert’s Bay (32º 06' 00" S, 18º 18' 12" E). 2. Functional group/species Gracilaria/Gracilariopsis species – beach-cast material only 3. Harvesting/collecting method: By hand, rakes, forks, mechanical means, etc. No harvesting of attached Gracilaria/Gracilariopsis from the subtidal zone is permitted. 4. Maximum Yield. No limit. 5. Comments. Wash-ups are occasional and unpredictable. Area 13 (kelp right) 1. Boundaries of Concession Area: Groothoek Bay (31º 54' 36" S, 18º 16' 22" E) to the southern bank of the Olifant’s River (31º 42' 36" S, 18º 11' 15" E). 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3. Harvesting/collecting method: 3. a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3. b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. Kelp fronds: as specified in annual permit. 5. Comments. 2014/2015 kelp TAC: A maximum of 57 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 113 tonnes of whole kelp may be harvested in one year. Area 13 (Ulva/Porphyra right) 1. Boundaries of Concession Area: Groothoek Bay (31º 54' 36" S, 18º 16' 22" E) to the southern bank of the Olifant’s River (31º 42' 36" S, 18º 11' 15" E). 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. This gazette is also available free online at www.gpwonline.co.za 150 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 27 of 32 Likely harvests of 1-2 tons p.a. of each genus are possible. Area 14 (kelp right) 1. Boundaries of Concession Area: Northern bank of the Olifant’s River (31º 42' 04" S, 18º 11' 15" E) to the southern bank of the Groen River (30º 51' 00" S, 17º 34' 36" E). 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3. Harvesting/collecting method: 3. a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3. b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. Kelp fronds: as specified in annual permit. 5. Comments. 2014/2015 kelp TAC: A maximum of 310 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 620 tonnes of whole kelp may be harvested in one year. Area 14 (Ulva/Porphyra right) 1. Boundaries of Concession Area: Northern bank of the Olifant’s River (31º 42' 04" S, 18º 11' 15" E) to the southern bank of the Groen River (30º 51' 00" S, 17º 34' 36" E). 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible. Area 15 (kelp right) 1. Boundaries of Concession Area: Security fence at Mitchell’s Bay near the mouth of the Spoeg River (30º 27' 54" S, 17º 21' 22" E) to the angling club slipway at Kleinzee (29º 42' 48" S, 17º 03' 24" E). 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3. Harvesting/collecting method: 3. a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3. b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 151 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 28 of 32 4. Maximum Yield. Beach-cast kelp: no limit. Kelp fronds: as specified in annual permit. 5. Comments. 2014/2015 kelp TAC: A maximum of 1100 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 2200 tonnes of whole kelp may be harvested in one year. Area 15 (Ulva/Porphyra right) 1. Boundaries of Concession Area: Security fence at Mitchell’s Bay near the mouth of the Spoeg River (30º 27' 54" S, 17º 21' 22" E) to the angling club slipway at Kleinzee (29º 42' 48" S, 17º 03' 24" E). 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible. Area 16 (kelp right) 1. Boundaries of Concession Area: Northern border of the farm Oubeep south of McDougall’s Bay (29º 19' 45" S, 16º 54' 38" E) to the border of the proclaimed State Alluvial Diggings just north of Port Nolloth (29º 13' 56" S, 16º 51' 15" E). 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3. Harvesting/collecting method: 3. a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3. b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. Kelp fronds: As specified in annual permit. Whole kelp plants (fronds plus stipes): As specified in annual permit. 5. Comments. 2014/2015 kelp TAC: A maximum of 310 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 620 tonnes of whole kelp may be harvested in one year. Area 16 (Ulva/Porphyra right) This gazette is also available free online at www.gpwonline.co.za 152 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 29 of 32 1. Boundaries of Concession Area: Northern border of the farm Oubeep south of McDougall’s Bay (29º 19' 45" S, 16º 54' 38" E) to the border of the proclaimed State Alluvial Diggings just north of Port Nolloth (29º 13' 56" S, 16º 51' 15" E). 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible. Area 17 (Gracilaria/Gracilariopsis right) 1. Boundaries of Concession Area: South Head (33º 06' 18" S, 17º 57' 18" E) to the North Head (Schooner Rock) of Saldanha Bay (33º 03’ 05” S, 17º 54’ 36" E), including Saldanha Bay but excluding Langebaan Lagoon. 2. Functional group/genus/species: Beach-cast Gracilaria/Gracilariopsis 3. Harvesting/collecting method: By hand, rakes, forks, mechanical means, etc. No harvesting of attached Gracilaria from the subtidal zone is permitted. 4. Maximum Yield. No limit. 5. Comments. Entirely dependent on wash-ups. Area 17 (beach-cast kelp right) 1. Boundaries of Concession Area: South Head (33º 06' 18" S, 17º 57' 18" E) to the North Head (Schooner Rock) of Saldanha Bay (33º 03’ 05” S, 17º 54’ 36"E), including Saldanha Bay but excluding Langebaan Lagoon. 2. Functional group/genus/species: Beach-cast kelp only 3.Harvesting/collecting method: By hand. No harvesting of attached kelp is permitted 4. Maximum Yield. No limit. 5. Comment. An unknown but small amount of kelp washes up in this area. Area 18 (kelp right) 1. Boundaries of Concession Area: This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 153 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 30 of 32 From the slipway at the angling club at Kleinzee (29º 42' 48" S, 17º 03' 24" E) to the northern border of the farm Oubeep, south of McDougall’s Bay (29º 19' 45" S, 16º 54' 38" E). . 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3.Harvesting/collecting method: 3.a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3.b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. Kelp fronds: As specified in annual permit. 5. Comments. 2014/2015 kelp TAC: A maximum of 1464 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 2928 tonnes of whole kelp may be harvested in one year. Area 18 (Ulva/Porphyra right) 1. Boundaries of Concession Area: From the slipway at the angling club at Kleinzee (29º 42' 48" S, 17º 03' 24" E) to the northern border of the farm Oubeep, south of McDougall’s Bay (29º 19' 45" S, 16º 54' 38" E). 2. Functional group/species Ulva species, Porphyra species 3. Harvesting/collecting method: Picking by hand 4. Maximum yield As specified in annual permit. 5. Comments. Likely harvests of 1-2 tons p.a. of each genus are possible. Area 19 (kelp right) 1. Boundaries of Concession Area: From the border of the proclaimed State Alluvial Diggings just north of Port Nolloth (29º 13' 56" S, 16º 51' 15" E) to the southern bank of the Orange River (28º 38' 18" S, 16º 27' 42" E). . 2. Functional group/genus/species: Kelp (Ecklonia maxima and Laminaria pallida) 3.Harvesting/collecting method: 3.a. Beach-cast kelp: all or any parts of beach-cast plants may be collected by hand. 3.b. Harvesting of live (fresh) kelp: by hand, using a knife or sickle, using a diver or from a boat or the shore. No kelp plants with a stipe less than 50cm long may be cut or harmed. 4. Maximum Yield. Beach-cast kelp: no limit. Kelp fronds: As specified in annual permit. This gazette is also available free online at www.gpwonline.co.za 154 No. 39417 GOVERNMENT GAZETTE, 16 NOVEMBER 2015 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 31 of 32 5. Comments. 2014/2015 kelp TAC: A maximum of 383 tonnes fresh weight of kelp fronds may be harvested in one year, OR Whole kelp plants (fronds plus stipes): A maximum of 765 tonnes of whole kelp may be harvested in one year NOTE: Although companies have obtained rights to Area19 in the past, they have NEVER used them because it lies in a diamond area. Area 20: (Gelidium right) 1. Boundaries of Concession Area: Kei River (32º 40' 28" S, 28º 23' 00" E) to Qora River (32º 27' 00" S, 28º 40' 24" E 2. Functional group/genus/species: Gelidium pristoides, G. abbottiorum, G. amansii, G. pterididfolium (G. cartilagineum/G. versicolor) 3.Harvesting/collecting method: By hand (picking) and purchase of material collected from casual pickers. 4. Maximum Yield: Not applicable (effort-controlled). 5. Comments. Prior to 2006 yield of up to 20 t dry were obtained, but road access and security problems resulted in no yields since then. Area 21 (Gelidium right) 1. Boundaries of Concession Area: Qora River (32º 27' 00" S, 28º 40' 24" E) to Mbashe River (32º 14' 54" S, 28º 54' 00" E). 2. Functional group/genus/species: Gelidium pristoides, G. abbottiorum, G. amansii, G. pterididfolium (G. cartilagineum/G. versicolor) 3.Harvesting/collecting method: By hand (picking) and purchase of material collected from casual pickers. 4. Maximum Yield: Not applicable (effort-controlled). 5. Comments. Unknown amounts of Gelidium in this area. Small yields (up to 1 ton dry) in some years since 2006. There are problems with road access and security. Area 22 (Gelidium right) 1. Boundaries of Concession Area: Mbashe River (32º 14' 54" S, 28º 54' 00" E) to Mnenu River (31º 48' 24" S, 29º 19' 46" E). 2. Functional group/genus/species: Gelidium pristoides, G. abbottiorum, G. amansii, G. pterididfolium (G. cartilagineum/G. versicolor) 3.Harvesting/collecting method: By hand (picking) and purchase of material collected from casual pickers. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 NOVEMBER 2015 No. 39417 155 POLICY ON THE ALLOCATION AND MANAGEMENT OF COMMERCIAL FISHING RIGHTS IN THE SEAWEED SECTOR: 2015 Page 32 of 32 4. Maximum Yield: Not applicable (effort-controlled). 5. Comments. Unknown amounts of Gelidium in this area. Small yields (up to 6 tons dry) in some years since 2006. There are problems with road access and security. Area 23 (Gelidium right) 1. Boundaries of Concession Area: Mnenu River (31º 48' 24" S, 29º 19' 46" E) to Mtamvuna River (31º 04' 50" S, 30º 11' 42" E). 2. Functional group/genus/species: Gelidium pristoides, G. abbottiorum, G. amansii, G. pterididfolium (G. cartilagineum/G. versicolor) 3.Harvesting/collecting method: By hand (picking) and purchase of material collected from casual pickers. 4. Maximum Yield: Not applicable (effort-controlled). 5. Comments. Unknown amounts of Gelidium in this area. No harvesting has been done there in recent years. There are problems with road access and security.