REQUEST FOR INFORMATION ("RFI") MARINE AND COASTAL MANAGEMENT PERFORMANCE REVIEW PROCESS Patagonian Toothfish

Transcription

1 Page 1 of 29 REQUEST FOR INFORMATION ("RFI") MARINE AND COASTAL MANAGEMENT PERFORMANCE REVIEW PROCESS 2009 Patagonian Toothfish Name of Right Holder: Right Holder Number:

2 Page 2 of 29 IMPORTANT INFORMATION: INSTRUCTIONS 1. Right Holders are advised to visit the Department's website at for information regarding the purpose of the performance reviews in general, and this Request For Information (RFI) in particular. 2. This RFI has been partially "pre-populated" with information pertaining to the Right Holder from Departmental records. 3. All queries regarding the completion of this RFI must be ed to the Department at performancereviewrfi@deat.gov.za. Collated responses to queries will be mailed to all Right Holders. In order to provide the Department with adequate time to respond, the final date for submission of queries will be / / 4. The Right Holder must complete all sections of the RFI in the spaces provided as well as all the applicable attached Forms. In those sections with pre-populated responses, space is provided for Right Holders to validate the Department's information. If any section does not apply to a Right Holder, the section must be marked "Not Applicable" or "N/A". The last Form may be used for any comment or explanation which the Right Holder wishes to submit and which the RFI does not specifically provide space for. 5. Unless otherwise indicated, all questions in the RFI should be answered with reference to information valid as at 15 January This RFI must be submitted both electronically and by hand delivery of printed copies. a. Electronic submission: The RFI and Forms must be completed electronically and ed by 24h00 on / / b. Hard copy submission: Two printed copies of the completed RFI and Forms that were ed to the Department as per 6a. above, as well as a certified copy of the Right Holder's B-BBEE certificate must be hand delivered to: Place: Dates and Times: 7. Only a copy of the B-BBEE certificate is required to be submitted in addition to the RFI and Forms. No other supporting documentation should be submitted. 8. All other documents and workings used in compiling, and which would support the veracity of, the Right Holder's responses to the RFI, must be collated and filed. The file or files must be stored on the premises of the Right Holder until the expiry of the right. The file(s) must be accessible for audits or other unannounced investigations that may be undertaken by the Department or its agents during the lifespan of the right. Should the file(s) not be available for immediate inspection, the RFI may be deemed incomplete and this would result in a breach of permit conditions, which in turn may result in the institution of a s28 process under the Marine Living Resources Act 18 of The Right Holder's authorised representative is required to sign and attest to the printed declaration. The electronic submission should not be signed. 10. Permits issued to Right Holders require participation and co-operation in this review process. A failure to submit this RFI or the submission of an incomplete RFI, or the failure to make supporting documents available on demand, may result in the institution of a s28 process under the Marine Living Resources Act 18 of 1998.

3 Page 3 of 29 SECTION 1: RIGHT HOLDER DETAILS 1.1 Registered Name of Right Holder 1.2 Trading Name of Right Holder 1.3 Registration Number 1.4 Income Tax Number 1.5 VAT number 1.6 Skills Development Levy Number 1.7 Principal Place of Business: Address line 1 Address line 2 Address line 3 Province City Postal Code 1.8 Postal Address: Number and Street/ PO Box Suburb Town/City Postal Code 1.9 Telephone Number 1.10 Cellular Telephone Number 1.11 Fax Number The Right Holder should verify whether its details in the shaded section above are correct. If not, complete FORM A with ONLY the changes to be effected. AUTHORISED CONTACT PERSON 1.12 Authorised Contact Person Name 1.13 Identity Number 1.14 Position Held/Relationship to Right Holder 1.15 Cellular Number Address

4 Page 4 of 29 SECTION 2: RIGHT HOLDER PROFILE 2.1 Do you belong to an industry association? If YES, specify which association you belong to: 2.2 If the Right Holder operates in an economic unit in this sector provide a brief description of the basis on which the apportionment of jobs and investments/merger of transformation data was done. Right Holders operating in an economic unit, must also complete FORM B. Definition of economic unit: A Right Holder or Right Holders may only claim investments made or jobs created by another legal entity if there is agreement between the Right Holder(s) on the division of jobs/investments. The Department regards such an arrangement to be an "economic unit". Members of an economic unit, regardless of legal form or status, may apportion jobs or investments and must then merge transformation information in the manner provided in this RFI.

5 Page 5 of 29 SECTION 3: FISHING RIGHTS AND CATCH RECORDS 3.1 The TAC allocations for the Right Holder for this sector between 2006 and 2009 for targeted species and by-catch are listed in FORM C2 (click on the tab above to access this Form). The Right Holder must complete its catches of target species and by-catch in FORM C Does the Right Holder agree with the Department's information regarding TAC/by-catch allocations in FORM C1? 3.3 If the answer to 3.2 is "NO", explain the reason for this below:

6 Page 6 of 29 SECTION 4: COMPLIANCE 4.1 List any transgressions committed by the Right Holder in FORM D Is the information relating to the application of permits by the Right Holder in FORM D2 correct? 4.3 If the answer to 4.2 is "NO", explain in FORM D3.

7 Page 7 of 29 SECTION 5: VESSEL DETAILS 5.1 Complete the table regarding vessels utilised by the Right Holder since the allocation of long-term rights in FORM E. 5.2 If the Right Holder has under-caught in 2006, 2007, 2008 or 2009 by more than 5%, complete the explanation for under-catching in the relevant year and list all the Right Holders with allocations on the vessel for that year as well as the catches made by the vessel for each Right Holder during the year.

8 Page 8 of 29 SECTION 6: TRANSFORMATION 6.1 Complete the table below in respect of the Right Holder's board of directors AND complete FORM F1. (Close Corporations must complete with reference to their members) If the Right Holder operates an economic unit, provide the "merged" information below and the break-down in FORM F1 Total Number of Directors Percentage Black Percentage Female Percentage Black Female Complete the table below in respect of the Right Holder's top salary earners AND complete FORM F2. If the Right Holder operates in an economic unit, provide the "merged" information below and the breakdown in FORM F2. The "top salary earners" are, in respect of entities with: No more than 5 employees - the top 1 salary earner; Between 6-30 employees - the top 2 salary earners Between employees - the top 3 salary earners; Between the top 4 salary earners; More than 166 employees, the top 3% of salary earners Total Number of Directors Percentage Black Percentage Female Percentage Black Female Complete the table below in respect of the income levels of the Right Holder AND complete FORM F3. If the Right Holder operates an economic unit provide the "merged" information below and the breakdown in FORM F3 Gross Monthly Income (Total Cost to Company) Number of Percentage of Total Number of Black Percentage of Total Black < 3225 between R3 225 and R6 450 between R6 451 and R between and R between R and R between R and R between R and R between R and R between R and R > R Total 100% 100% Number of Female

9 Page 9 of Complete the table below in respect of shareholding in the Right Holder and complete FORM F4. Percentage Beneficial Ownership Held By Black Persons Percentage Beneficial Ownership Held By Female Persons If the Right Holder has a share scheme for employees, what percentage of the shareholding in the Right Holder was held by participating employees other than the top salary earners listed in FORM F2? 6.6 State the Broad-Based Black Economic Empowerment contributor level as determined in terms of the Codes of Good Practice adopted under the Broad-Based Economic Empowerment Act 53 of State the overall B-BBEE score (not applicable to Right Holders who claim a deemed contributor level). Provide the details of the accredited agency which verified the contributor level and the score claimed above: Name of Agency principal place of business Postal Code Telephone Number All Right Holders must submit, together with the hard copy of the RFI, a Broad-Based Black Economic Empowerment Certificate. The certificate must be marked F.5. Unless deemed contributor level has been claimed the certificate must show the scores obtained for each of the relevant B-BBEE categories, as well as the overall score. If deemed contributor level is claimed, a letter from the Right Holder's auditor specifying the turnover of the Right Holder will suffice. It is not necessary to submit a B- BBEE certificate or complete the details of the accredited agency.

10 Page 10 of 29 SECTION 7: JOB CREATION 7.1 Complete the tables relating to job creation. If the Right Holder operates in more than one sector, FORM G1 must be completed. If the Right Holder operates within an economic unit, the "apportioned" information must be submitted in this section and FORM G2 must be completed. Allocation in 2009 (in tons) Total employees (in relation to this fishery) in 2009 Total less Seasonal (in relation to this fishery) in 2009 Total IRP5 (in relation to this fishery) in 2009 Total Salary Bill (Rands) in 2009 Total Number of Hours of Work Paid for in 2009* How many employees (total) does the Right Holder employ per ton allocated? How many employees (total less seasonal) does the Right Holder employ per ton allocated? How many employees (IRP5) does the Right Holder employ per ton allocated? Rands spent on employees per ton allocated? Number of hours of work done per ton allocated? *Right Holders must ensure that the workings behind this total is kept as part of the supporting documentation. Such workings must provide the number of paid hours worked by each employee.

11 Page 11 of 29 SECTION 8: INVESTMENT 8.1 Complete the tables relating to investments. If the Right Holder operates in more than one sector, FORM H1 must be completed. If the Right Holder operates in an economic unit, provide the "apportioned" information in this section and complete FORM H2. Allocation in 2009 (in Tonnes) Insured / Market Value (in rands) of Total Assets in 2009 Insured / Market Value (in rands) of Harbour and Sea-based Assets in 2009 Insured / Market Value (in rands) of Land-Based Assets in 2009 Insured / Market Value (in rands) of Total Assets per ton allocated to Right Holder Insured / Market Value (in rands) of Harbour and Sea-based Assets per ton allocated to Right Holder Insured / Market Value (in rands) of Land-Based Assets per ton allocated to Right Holder

12 Page 12 of 29 SECTION 9: FINANCIAL PERFORMANCE 9.1 What is the Right Holder's latest audited annual total turnover 9.2 Complete the tables relating to revenue derived from exploiting the fishing right in this sector. If the Right Holder operates in an economic unit, provide the "apportioned" information below and complete FORM I. Allocation in 2009 Rand amount of Patagonian Rand amount of bycatch Total sales Total sales in 2009 divided by Percentage of total turnover (in member) Toothfish sales in 2009 sales in 2009 in 2009 allocation in tons in 2009 derived from this fishery Complete the table from the Right Holder's financial statements. Year Turnover Profit After Tax Retained Earnings Dividends Paid / Distribution of Profits

13 Page 13 of 29 SECTION 10: RIGHT HOLDER DECLARATION I, the undersigned, do hereby make affirm and declare that: (a) I have read the instructions set out at the beginning of this RFI; (b) The information submitted in this RFI is, to the best of my knowledge, true and correct; (c) The Right Holder accepts that if any information in this RFI is not true or complete, or if false information is provided, or material information is not disclosed, this may lead to the revocation, suspension, cancellation, alteration or reduction of any right, license or permit granted, in terms of section 28 of the Marine Living Resources Act 18 of 1998; (d) In order to allow for proper verification of information submitted I hereby authorise any institution, organ of state, person or body, who possesses or acquires any information relevant to this RFI, to disclose or make the information available to the Minister, his delegate or an official of the Department or the Rights Verification Unit; (e) The Right Holder has collated, filed and stored all documents and workings supporting the responses in this RFI. The file(s) have been stored on the Right Holder's premises in a manner that ensures that they can be made available to the Department or its agents on an immediate basis. The Right Holder acknowledges that these supporting documents and workings may be subject to audit by the Department. Signed at: This day of 2010 Signature of Authorised Representative: Representative's Full Name: I certify that the above-mentioned signature is the true signature of and that s/he acknowledged to me that s/he knows and understands the contents of the afore-going Request for Information which was signed and attested to at the under-mentioned address on this day of 2009 in accordance with the provisions of GN R1258 dated 21 July 1972 as amended. Comissioner of Oaths Name: Designation: (eg attorney or SAPS) Address:

14 Page 14 of 29 FORM A: COMPLETE ONLY THE FIELDS TO BE AMENDED IN THE RIGHTS REGISTER A.1 Registered Name of Right Holder A.2 Trading Name of Right Holder A.3 Registration Number A.4 Income Tax Number A.5 VAT number A.6 Skills Development Levy Number A.7 Principal Place of Business: Address line 1 Address line 2 Address line 3 Province City Postal Code A.8 Postal Address: Number and Street/ PO Box Suburb Town/City Postal Code A.9 Telephone Number A.1 Cellular Telephone Number A.11 Fax Number

15 Page 15 of 29 FORM B: ONLY TO BE COMPLETED BY RIGHT HOLDERS IN AN ECONOMIC UNIT IN THIS SECTOR B.1 Complete the following details with respect to the members of the economic unit Member Name % share in Economic Unit used for apportionment of investment and job creation (%) Ownership (%) If either the membership of the Economic Unit or the percentage share in the Economic Unit used for apportionment purposes listed in this RFI differs from membership or apportionment used as the basis of the Long Term Rights (i.e LTRAMP) application, describe the differences and explain the change.

16 Page 16 of 29 FORM C1: DEPARTMENT'S RECORDS 2006 Patagonian Toothfish Patagonian Toothfish Allocation (in tons) Catch of Hake (in tons) Over/Under Caught (in tons) Over/Under Caught (%) Species Catch (In Tonnes) Murray's skate Bathyraja rays Skates and rays Blue Antimora Slender codling 2007 Patagonian Toothfish Patagonian Toothfish Allocation (in tons) Catch of Hake (in tons) Over/Under Caught (in tons) Over/Under Caught (%) Species Catch (In Tonnes) Murray's skate Bathyraja rays Skates and rays Blue Antimora Slender codling 2008 Patagonian Toothfish Patagonian Toothfish Allocation (in tons) Catch of Hake (in tons) Over/Under Caught (in tons) Over/Under Caught (%) Species Catch (In Tonnes) Murray's skate Bathyraja rays Skates and rays Blue Antimora Slender codling 2009 Patagonian Toothfish Patagonian Toothfish Allocation (in tons) Catch of Hake (in tons) Over/Under Caught (in tons) Over/Under Caught (%) Species Catch (In Tonnes) Murray's skate Bathyraja rays Skates and rays Blue Antimora Slender codling

17 Page 17 of 29 FORM C2: RIGHT HOLDER'S RECORDS 2006 Patagonian Toothfish Patagonian Toothfish Allocation (in tons) Catch of Hake (in tons) Over/Under Caught (in tons) Over/Under Caught (%) Species Catch (In Tonnes) Murray's skate Bathyraja rays Skates and rays Blue Antimora Slender codling 2007 Patagonian Toothfish Patagonian Toothfish Allocation (in tons) Catch of Hake (in tons) Over/Under Caught (in tons) Over/Under Caught (%) Species Catch (In Tonnes) Murray's skate Bathyraja rays Skates and rays Blue Antimora Slender codling 2008 Patagonian Toothfish Patagonian Toothfish Allocation (in tons) Catch of Hake (in tons) Over/Under Caught (in tons) Over/Under Caught (%) Species Catch (In Tonnes) Murray's skate Bathyraja rays Skates and rays Blue Antimora Slender codling 2009 Patagonian Toothfish {EndOnlyFor} Patagonian Toothfish Allocation (in tons) Catch of Hake (in tons) Over/Under Caught (in tons) Over/Under Caught (%) Species Catch (In Tonnes) Murray's skate Bathyraja rays Skates and rays Blue Antimora Slender codling

18 Page 18 of 29 FORM D.1: INFORMATION REGARDING TRANSGRESSIONS BY RIGHT HOLDER List of transgressions committed by the Right Holder together with any explanation therefore which the Right Holder wishes to submit.

19 Page 19 of 29 FORM D.2: APPLICATION FOR PERMITS Department's Information regarding application for permits Year Application for Permits If the above information is incorrect, explain why it is contended that the information is incorrect. Year Application for Permits

20 Page 20 of 29 FORM E: VESSEL DETAILS Complete the following details with respect to Vessel 1 Harbour Year Name Registration Nature of access to vessel by Right Holder Name of Vessel Owning Entity Name of Managing Entity (if any) Right Holder's % share in vessel (if any) Skipper Complete the following details with respect to Vessel 2 Harbour Year Name Registration Nature of access to vessel by Right Holder Name of Vessel Owning Entity Name of Managing Entity (if any) Right Holder's % share in vessel (if any) Skipper Complete the following details with respect to Vessel 3 Harbour Year Name Registration Nature of access to vessel by Right Holder Name of Vessel Owning Entity Name of Managing Entity (if any) Right Holder's % share in vessel (if any) Skipper

21 Page 21 of 29 FORM F.1: DIRECTORS Right Holder's Directors (Members if a close corporation) Name of Director/Member Black (Y/N) Female (Y/N) Directors/Members of other entities (other than the Right Holder) making up the economic unit Entity One: Entity One: Entity One: Entity One: Entity One: Entity One: Name of Director/Member Black (Y/N) Female (Y/N) Entity Two: Name of Director/Member Black (Y/N) Female (Y/N) N N

22 Page 22 of 29 FORM F.2: TOP SALARY EARNERS List of Right Holder's Top Salary Earners Name of Top Salary Earner Black (Y/N) Female (Y/N) N N Top Salary Earners of other entities (other than the Right Holder) making up the economic unit Entity One: Name of Top Salary Earner Black (Y/N) Female (Y/N) N N Entity Two: Name of Top Salary Earner Black (Y/N) Female (Y/N) N N

23 Page 23 of 29 FORM F3: INCOME LEVELS Complete with respect to the Right Holder's permanent employees Gross Monthly Income (Total Cost to Company) Number of Percentage of Total Number of Black Percentage of Total Black < 3225 between R3 225 and R6 450 between R6 451 and R between and R between R and R between R and R between R and R between R and R between R and R > R Total 100% 100% Number of Female

24 Page 24 of 29 FORM F3.1: INCOME LEVELS List the permanent employees of entities (other than the Right Holder) making the economic unit Entity One: Entity One: Gross Monthly Income (Total Cost to Company) Number of Percentage of Total Number of Black Percentage of Total Black < 3225 between R3 225 and R6 450 between R6 451 and R between and R between R and R between R and R between R and R between R and R between R and R > R Total 100% 100% Number of Female List the permanent employees of entities (other than the Right Holder) making the economic unit Entity Two: Entity Two: Gross Monthly Income (Total Cost to Company) Number of Percentage of Total Number of Black Percentage of Total Black < 3225 between R3 225 and R6 450 between R6 451 and R between and R between R and R between R and R between R and R between R and R between R and R > R Total 100% 100% Number of Female

25 Page 25 of 29 FORM F.4: SHAREHOLDING IN RIGHT HOLDER Complete the following details with respect to the Right Holder's shareholders Right Holder Shareholder # Name % shareholding in Right Holder

26 Page 26 of 29 FORM G.1: JOB CREATION (RIGHT HOLDER OPERATE IN MORE THAN 1 SECTOR) Complete the tables relating to job creation if the Right holder operates in more than one sector. Sector Total Total Less Seasonal IRP5 Salary Bill Total # hours of work paid for FORM G.2: RIGHT HOLDER OPERATES IN AN ECONOMIC UNIT Complete the tables relating to job creation if the Right holder operates in an Economic Unit. Total Total Less Seasonal IRP5 Salary Bill Total # hours of work paid for Complete the following table and apportion the above totals per member. Member Total Total Less Seasonal IRP5 Salary Bill Total # hours of work paid for

27 Page 27 of 29 FORM H.1: INVESTMENT (RIGHT HOLDER OPERATES IN MORE THAN 1 SECTOR) Complete the tables relating to job creation if the Right holder operates in more than one sector. Sector Total Investment Harbour and Sea-based Investment Land-based Investment FORM H.2: INVESTMENT (RIGHT HOLDER OPERATES IN ECONOMIC UNIT) Complete the following table and apportion the above totals per member Member Total Investment Harbour and Sea-based Investment Land-based Investment

28 Page 28 of 29 FORM I: SALES ALLOCATION Allocation in 2009 (in member) Rand amount of Patagonian Toothfish sales in 2009 Rand amount of by-catch sales in 2009 Total sales in

29 Page 29 of 29 FORM J: GENERAL ANNEXTURE