Extended Fishing Permits for Small Pelagic Sector as Court-Linked Appeals Delay Final Allocation of Rights

The DFFE had initially committed to finalising all outstanding appeals and concluding the FRAP process by 29 August 2025.

The Department of Forestry, Fisheries and the Environment (DFFE) has confirmed an extension of permits for the Small Pelagic fishing sector, citing ongoing court-driven delays in the conclusion of the 2021/22 Fishing Rights Allocation Process (FRAP). The move comes as the Western Cape High Court continues to hear review applications related to the appeals process, which has forced the department to adjust its original timelines.

Background to the Delay

The DFFE had initially committed to finalising all outstanding appeals and concluding the FRAP process by 29 August 2025. However, subsequent court orders required adjustments to this schedule, necessitating a fresh round of consultations with stakeholders in the fishing industry. Following these engagements, a revised deadline of 30 October 2025 has now been set for the completion of appeals and the allocation of rights.

This extension means that existing rightsholders and fishers in the Small Pelagic sector—primarily focused on sardine and anchovy stocks—can continue their operations without interruption, providing certainty for coastal communities and industry players dependent on these resources.

Minister George on Fairness and Stability

Minister of Forestry, Fisheries and the Environment, Dr Dion George, emphasised that the government's priority is to balance legal obligations with the urgent need for sectoral stability.

"By extending permits and engaging openly with stakeholders, we are safeguarding stability in the sector while honouring the principle of fairness. Our goal is to build trust, certainty and sustainability for the fishing communities who depend on these resources," George stated.

The Minister stressed that fairness and transparency remain non-negotiable principles in the allocation of fishing rights. He added that legal matters must be properly concluded before final decisions can be made, noting that the interconnected nature of allocations within the Small Pelagic sector requires a comprehensive resolution of all appeals.

Interconnected Appeals and Resource Management

According to the DFFE, the outcome of appeals on sardine and anchovy rights is particularly complex because of how catch allocations (known as "quantum") are distributed. If appeals are not carefully resolved, adjustments to one allocation could have a domino effect on the rest of the sector.

To address this, the department has issued Provisional Sardine and Anchovy Appeals Reconsideration General Published Reasons (GPRs), allowing for public comment and ensuring that stakeholders have an opportunity to contribute before final allocations are made.

Minister George reiterated that "final decisions on rights and quantum can only be made once all appeals have been reconsidered and comments on the provisional reasons fully taken into account."

Broader Implications for the Fishing Industry

The extension underscores the ongoing tension between administrative efficiency and legal due process in South Africa's fisheries management. While industry participants are eager for final certainty, the DFFE argues that rushing the process could risk undermining sustainability, fairness, and long-term trust in the FRAP system.

The Small Pelagic sector is one of the most critical in South Africa's marine economy, providing not only direct employment to fishers but also supporting processing plants, export markets, and food security through fishmeal and oil production. As such, the stability of the sector has broad socio-economic implications, particularly in coastal provinces such as the Western Cape.

Next Steps

With the new 30 October 2025 deadline in place, the department is expected to finalise its reconsideration of appeals and issue binding allocations soon thereafter. In the meantime, extended permits will ensure that fishing operations continue uninterrupted, mitigating risks to livelihoods and supply chains.

Industry stakeholders, however, will be closely watching the process to see whether the department can meet the revised deadline and uphold its commitments to fairness, transparency, and sustainability.