When assessing and scoring applications, and when allocating portions of the TAC, 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 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 the applicant will be assessed and scored on the following transformation criteria:
- The percentage of people from designated groups and HDIs represent at top salary, board of directors, members and senior official and management levels;
- 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 LTRAMP.
- Whether employees (other than top salary earners) benefit from an employee share scheme;
- Compliance with the Employment Equity Act 55 of 1998 and the representation of designated groups and HDIs at the various levels of employment below senior official and management level;
- Affirmative procurement;
- Compliance with legislation on skills development and the amounts spent on the training of Black persons, youth, women, people with disabilities and participation in learnership programmes; and
- Corporate social investment.
- The fishing performance of applicants holding fishing rights will be examined to determine if they have effectively utilised their fishing rights. Effective utilisation shall mean activation of the catch permit, landing of catch and subsequent submission of catch data for at least five years
Local economic development
- In order to promote local economic development, the Delegated Authority will give preference to applicants who will land catches at harbours situated outside of metropolitan areas, and process catches at land-based processing establishments outside of metropolitan areas. Metropolitan areas include the areas under the control of metropolitan
The Delegated Authority may give preference to any applicant which commits to retaining existing employment opportunities, or to increasing employment opportunities. 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:
- permanent employment;
- medical aid or any other medical support arrangements;
- pension or provident fund;
- safe working conditions in accordance with the applicable legislative requirements; and
- an employee share scheme, which ensures that employees enjoy an effective shareholding in the right holder.
“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.
“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.
“Total Allowable Catch” means the maximum quantity of fish of individual species or groups of species made available annually or during such other period of time as may be prescribed, for combined recreational, small-scale, commercial and foreign fishing.
FRAP – Fishing Rights Allocation Process.