Scramble for fishing rights starts
Scramble for fishing rights starts

Scramble for fishing rights starts

Catherine Sasman
The floodgates have opened after the long-anticipated announcement of new fishing rights up for grabs and all Namibians, particularly the formerly disadvantaged, are encouraged to apply.

The minister of fisheries and marine resources, Bernhard Esau, made the announcement yesterday after the framework for the new fishing rights was published in the Government Gazette last Thursday.

Esau encouraged all Namibians, particularly the formerly disadvantaged, to apply for 96 new fishing rights in nine fisheries sectors. Some of the old 20-year rights expired last year while others lapse this year or next year.

The new rights are for hake, horse mackerel, monk, red crab, rock lobster, line fish, large pelagic, mullet and Cape fur seals. The deadline for applications is 31 July.

The formerly disadvantaged singled out by Esau are women, young people, people living with disabilities, liberation war veterans, and people living in economically marginalised communities.

The old rights holders are eligible to reapply, whether or not they have received letters from the ministry on the matter. Esau said this invitation would again be extended next year.

Fishing rights previously were issued in 1992, 1994, 1997, 1998, 1999, 2000, 2001, and in 2012.

All applicants must be a shareholding privately held company – a (Pty) Ltd.

Section 21 companies (or non-profit companies) or natural persons may be incorporated as shareholders in the (Pty) Ltd companies.



All shareholders must be issued with share certificates and there must be a shareholders' agreement accompanying applications.



Esau said the requirement that applicants must be privately held companies was aimed at addressing the scenario where vulnerable communities and individuals had in the past been used by some Section 21 companies, close corporations (CCs) or trusts as fronts for favourable consideration of applications.



He said once these companies had received their fishing rights, they often excluded such vulnerable communities and individuals from dividend sharing.



Section 21 companies, CCs or trusts are not obligated to issue share certificates.



“If you include a trust in your shareholding structure, it should be operated by trustees who are beneficiaries themselves, democratically elected by beneficiaries,” Esau said.



He advised applicant companies to set up workers' trusts operated by trustees who are workers and are democratically elected by workers.



Applications by natural persons who are currently shareholders in rights not yet expired by 2019 have been purposefully excluded so that other Namibians who do not have fishing rights can have the opportunity to obtain such rights.



“If you have a fishing right do not apply for a new one, otherwise your application will automatically be disqualified,” Esau warned.



Companies listed on any stock exchange are also not eligible to apply under the 24 May government notice. Such companies may also not be shareholders in any of the applicants. This is to determine whether applicants are Namibians or not.



“If you already held a fishing right before, which has expired or is about to expire in 2018 and 2019, you are eligible to apply again and compete with all other Namibians for a fishing right,” Esau reiterated.



He said in these cases, companies should see if they have fulfilled the conditions of their existing or expired rights, as these will be key considerations in the evaluation of applications.



He said all applicants – irrespective of experience in the fishing sector – will be considered equally to protect jobs and investments, and to give opportunities to newcomers serious about the development of the sector.



Applications

All applicants must fill in nine forms and include bankable business plans.



All those wishing to apply will be trained in all 14 regions by ministerial officials on how to apply. Application forms will be available in all regions.



'Rights application officials' – similar to returning officers in the election process – in regional council offices will receive the applications and issue attestations to all applicants.



All applicants – and eventual successful applicants – will be published on the internet.





CATHERINE SASMAN

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Namibian Sun 2024-04-20

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