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Commercial fishermen seek urgent interdict

Cape Town - The SA Commercial Linefish Association (Sacla) is to seek an urgent interdict against the department of agriculture, forestry and fisheries' (Daff) rights allocation process in an attempt to find a solution for thousands of fishermen, crew and hawkers who have potentially been rendered unemployed.

Fishermen met in Cape Town on Tuesday to discuss the mounting crisis around Daff's rights allocation which has led to about 180 previous rights holders losing their rights and livelihood.

Each rights holder employs up to ten crew who supply fresh fish to, among others, factories and scores of hawkers. Their crew and many hawkers will now have no source of income , creating a shortfall of reasonably priced fish traditionally sold to disadvantaged communities and generally escalating the price of fish across the board.

From January 1, the number of rights available to the traditional line fish sector was reduced from 455 to approx 225 with only 115 of the rights awarded nationally to previous rights holders, locking a further 180 previous rights holders out of the system.

One hundred new entrants - many of which have no background nor experience in fishing and hold rights in other sectors, were awarded rights.

The Sacla said on Tuesday it had no option but to seek an urgent interdict to get all deserving commercial line fishing rights holders that had previously held rights back into the water to continue earning a living.

"We are obliged to ask the court to instruct Daff to take the process back to where it was before the new rights were announced on December 31 so our members, their crew and hawkers can continue making a living. We believe the allocation process was inherently flawed and will not stand up in court.

"We support transformation of the fishing industry but this does mean we have to cripple a vital component of the whole system - commercial fishermen. Transformation at our crewing level is more than 80%."

Sacla chair Wally Croome explained that in addition to the urgent court action, he would continue seeking a negotiated solution with the Daff.

"I believe there is a workable solution that will accommodate all parties and ensure small scale-fishermen, commercial line fishermen who have lost their rights and deserving new entrants can be accommodated without adversely affecting our fish stocks," he said.

Croome said he would seek a meeting with the Daff to present his proposals.

Croome also responded to recent criticism of commercial fishermen, in particular, claims that crew were underpaid and exploited.

"I and many other commercial fishermen are happy to open our books to scrutiny. Perceptions created that crew are exploited are false. On average, we split our daily catch 50/50 with the crew. I know of no other sector that reimburses their employees with 50% of the turnover.

"The investment in the boat, trailer, vehicle, fuel, levies, permits, insurance, maintenance and all operating costs (except bait) are borne by the rights holder. Our after tax profits on our catches is 10% and lower - a low return on our investments. We have asked Daff on numerous occasions to undertake an economic study into our sector."

Croome said an audit of his own operation in 2004 had shown that his top earning crew member took home in excess of R13 000 a month. The average earner took home R7 500 a month while his lowest earner took home R4 500 - 10 years ago.

"A similar exercise involving 10 vessels was conducted two years ago and communicated to Daff that reconfirmed the earning potential of our crew."

He added that in addition to fair compensation, the Sacla had initiated a crew insurance package /policy several years ago to assist crew and their families in the event of death, disability or temporary disability.

"The SA Maritime Authority (Samsa) applauded us at the time which critics have failed to mention or to acknowledge."

Croome said the Sacla was consulting lawyers and would launch their bid for an interdict imminently.


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