Intellectual Property Rights from Publicly Financed Research and
R 385
Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 5 : Prohibited Activities and Stowage of Gear48. Fish aggregating devices |
| (1) | An application to place a fish aggregating device in South African waters shall be submitted to the Minister in the manner that the Minister may determine. |
| (2) | A permit to place a fish aggregating device shall not confer any right to fish. |
| (3) | The Minister may by notice in the Gazette— |
| (a) | declare any fish aggregating device to be a designated fish aggregating device for the purposes of this section; and |
| (b) | determine who may fish within a radius of one nautical mile of a designated fish aggregating device or a class of designated fish aggregating devices. |
| (4) | Subject to subsection (3), no person shall fish within a radius of one nautical mile from a designated fish aggregating device without the permission of the Minister and unless in accordance with the conditions that he or she may determine. |
| (5) | Permission to use a fish aggregating device does not affect any obligation to observe applicable conservation or management measures, unless the Minister determines in writing that a particular measure does not apply in respect of fish caught within one nautical mile of that device. |
