Title: Redistribution of Fishing Rights in the South African Hake Fishery

The new Marine Fisheries Policy as encoded in the Marine Living Resources Act (MLRA) of 1998 aims to broaden access in the fishing industry to include the previously disadvantaged people, who were excluded in the fisheries through apartheid laws. Using the hake fishery to show that redistribution of fishing rights can be achieved to include previously disadvantaged people with consideration to biological sustainability and economic efficiency, this study analysis the policy objectives and shows that the policy is not achieving its objectives. The new entrants are faced with numerous structural problems such as lack of infrastructure, lack of access to finance and lack of skills and expertise in fisheries. The joint ventures that are formed between the new entrants and the historical group do not result into new investments and job creation, since the infrastructure exists with the historical group. Although the policy is clear on the requirements that must met to be considered for rights, rights are allocated to people that do not meet the requirements of the policy. In order for the policy to achieve its objectives, comprehensive support should be given to the new entrants that include making loans available for investment in the fishery and training in business skills. Further, longterm rights should be granted for 10 years as a pilot project for new entrants and be evaluated so that those, that show good performance, their term be extended for a further 5 years. To give weight to the policy, economical viable rights should be allocated that will enable the rights holders to invest in the fisheries. The provision of section 18 of the MLRA (1998) on longterm rights should be implemented to give a sense security in the industry.