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CONFIDENTIAL

CONFIDENTIAL. EXECUTIVE SUMMARY ON THE MARINE LIVING RESOURCES AMENDMENT BILL, 2013 8 October 2013 . BACKGROUND.

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CONFIDENTIAL

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  1. CONFIDENTIAL EXECUTIVE SUMMARY ON THE MARINE LIVING RESOURCES AMENDMENT BILL, 2013 8 October 2013 

  2. BACKGROUND There is currently no legal framework to implement the Policy for the Small-Scale Fisheries Sector (the Policy) in South Africa which was published as Government Notice 474 in Government Gazette No. 35455 on 20 June 2012. The promulgation of the Marine Living Resources Amendment Bill, 2013 will enable the Minister to allocate small-scale fishing rights and in a substantial manner transform the inequalities of the past fisheries system. CONFIDENTIAL

  3. PROPOSED AMENDMENTS TO THE MARINE LIVING RESOURCES AMENDMENT BILL, 2013 The Bill was published on 25 April 2013 for comment. Following requests to extend the due date for comment, the due date was extended to 14 June 2013. The Department, after proper consideration of the comments and petitions received from various stakeholders, including industry, small-scale fishers and other interested parties, decided to narrow the focus of the Bill to only deal with amendments necessary to implement the Policy. To that end, the Bill proposes the following amendments: Amendment of section 1 of the MLRA to insert the definitions of “small-scale fisher”, “small-scale fishing community” and “small-scale fishing community area” as set out in the Policy. These definitions are required to identify, verify and register small-scale fishers and small-scale fishing communities. Amendment of section 1 of the MLRA to add to the definition of “South African person” a co-operative registered in terms of the Co-operatives Act 14 of2005. This will enable small-scale fishers to access the benefits and support of the DTI to co-operatives. CONFIDENTIAL

  4. PROPOSED AMENDMENTS TO THE MARINE LIVING RESOURCES AMENDMENT BILL, 2013 All references to the word “subsistence” in the MLRA will be deleted and replaced with the word “small-scale”. This will entrench small-scale fisheries in the fisheries management systems. Three new principles and objectives that will guide the interpretation, administration and implementation of the Policy will be added to the current principles and objectives of the MLRA. The new principles and objectives will ensure that decision makers must have due regard to the need to promote marginalized groups such as women and youth. It also highlights the importance of food security, socio-economic development and the alleviation of poverty. It further recognizes the allocation of a basket of species as opposed to single species allocations. The Bill proposes a new section 19 to replace the current section 19 of the MLRA. This section deals with the management of the small-scale fisheries sector. CONFIDENTIAL

  5. PROPOSED AMENDMENTS TO THE MARINE LIVING RESOURCES AMENDMENT BILL, 2013 Section 19 also determines that processes and procedures relating to the allocation and management of small-scale fishing rights, the criteria for recognition of small-scale fishers and communities and any other administrative or procedural matter that may be necessary must be set out in regulations. It determines the establishment of fishing areas or zones for small-scale fishers, the recognition of small-scale fishing communities and the possible prohibition of other fishing or related activity which may impact negatively on small-scale fishing. CONFIDENTIAL

  6. ECONOMIC IMPACT OF SMALL SCALE FISHERIES IMPLEMENTATION CONFIDENTIAL

  7. FISHING RIGHTS ALLOCATION PROCESS (FRAP) 2013:ROAD MAP CONFIDENTIAL

  8. Thank you QUESTIONS?

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