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Marine Living Resources Act, 1998 (Act No. 18 of 1998)

Chapter 7 : Judicial Matters

58. Offences and penalties

 

(1) Any person who, subject to the provisions of subsections (2) or (3)—
(a) undertakes fishing or related activities in contravention of—
(i) a provision of section 13;
(ii) the conditions of any right of access, other right, licence or permit granted or issued in terms of Part 1, 2 or 3 of Chapter 3; or
(iii) an authorisation to undertake fishing or related activities in terms of Part 6 or 7 of Chapter 3, but excluding section 39(5); or
(b) contravenes any other provision of this Act,

shall be guilty of an offence and liable on conviction to a fine not exceeding two million rand, or to imprisonment for a period not exceeding five years.

 

(2) Any person who contravenes—
(a) a provision of an international conservation and management measure inside or outside South African waters, or otherwise fails to comply with any provision of Part 7 of Chapter 3, by means of a vessel registered in the Republic; or
(b) the conditions imposed in a high seas fishing permit or high seas fishing vessel licence,

shall be guilty of an offence and liable on conviction to a fine not exceeding three million rand.

 

(3) Any person who contravenes a provision of section 39(5), 45, 47, 48 or 49 shall be guilty of an offence and liable on conviction to a fine not exceeding five million rand.

 

(4) A regulation made under this Act may provide that a person who contravenes or fails to comply with a provision thereof, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.