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Table of Contents
Marine Living Resources Act, 1998 (Act No. 18 of 1998)
Notice No. 747 of 1998
Act
1. Definitions
Chapter 1 : Introductory Provisions
2. Objectives and principles
3. Application of Act
4. Conflict with other Acts
Chapter 2 : Administration
5. Establishment of Forum
6. Functions of Forum
7. Composition of Forum
8. Industrial bodies and interest groups
9. Fishery control officers and honorary marine conservation officers
10. Marine Living Resources Fund
11. Appropriation of Fund
12. Register
13. Permits
Chapter 3 : Management of Marine Living Resources
Part 1 : Fisheries Planning
14. Determination of allowable catches and applied effort
15. Fisheries management areas
16. Emergency measures
17. Priority fishing areas
Part 2 : Local Fishing
18. Granting of rights
19. Subsistence Fishing
20. Recreational Fishing
Part 3 : Commercial Fishing
21. Commercial Fishing
22. Leasing of rights
Part 4 : General Local Matters
23. Local fishing vessel licence
24. Reduction of rights
25. Fees
26. Recovery of interest and fees
27. Fishing harbours
28. Cancellation and suspension of rights, licences and permits
Part 5 : Fisheries Transformation Council
29. Establishment of Fisheries Transformation Council
30. Main object of Council
31. Allocation of rights to and by Council
32. Powers of Council
33. Management and control
34. Composition of Council
35. Staff
36. Reporting
37. Abolishment of Council
Part 6 : Foreign Fishing
38. International agreements
39. Foreign fishing vessel licences
Part 7 : High Seas Fishing
40. Prohibition of high seas fishing
41. High seas licences
42. Implementation of international conservation and management measures
Chapter 4 : Marine Protected Areas
43. Marine protected areas
Chapter 5 : Prohibited Activities and Stowage of Gear
44. Prohibited fishing methods
45. Possession of prohibited gear
46. Interference with gear
47. Driftnet fishing
48. Fish aggregating devices
49. Stowage of gear
Chapter 6 : Law Enforcement
50. Observers
51. Powers of fishery control officers
52. Powers of fishery control officers beyond South African waters
53. Seizure of vessels
54. Seizure of vehicles or aircraft
55. Immobilisation of vessels, vehicles or aircraft
56. Co-operation with officials
57. Duty to report
Chapter 7 : Judicial Matters
58. Offences and penalties
59. Limitation of liability
60. Destruction of evidence
61. Payment for information leading to conviction
62. Security for release of vessel, vehicle or aircraft
63. Disposal of perishables
64. Treatment of things detained or seized
65. Application of security
66. Liability for loss, damage or ...
67. Removal from custody
68. Forfeiture orders by court
69. Disposal of forfeited things and ...
70. Jurisdiction of courts
71. Documentary evidence
72. Validity of certificates
73. Certificate as to location of vessel
74. Designated machines
75. Photographic evidence
76. Observation devices
Chapter 8 : General Provisions
77. Power to make regulations
78. Assignment to provinces
79. Delegation of powers
80. Appeal to Minister
81. Exemptions
82. Inquiries
83. Scientific investigations and practical experiments
84. Repeal of laws, and savings
85. Transitional measures
86. Short title and commencement
Schedule 1
Regulations
Regulations in terms of the Marine Living Resources Act, 1998
Notice No. R. 1111 of 1998
1. Definitions
Chapter 1 : Administrative Matters
2. Consultative Advisory Forum for Marine Living Resources
3. Identity cards
4. Register
5. Procedure for Appeals
Chapter 2 : Rights of Access, Other Rights, Permits and Licences
6. Duplicate licences and permits
7. Format of foreign fishing vessel licence
8. Fishing returns
Chapter 3 : Closed Seasons and Other Time Restrictions and Closed Areas
9. Closed season and other time restrictions
10. Closed areas
Chapter 4 : Use of Gear
Part 1 : General
11. Prohibition of gear
12. Nets and mesh sizes
Part 2 : Trawl Fishing
13. Area limitations
14. Mesh size
15. Attachment to trawl nets
Part 3 : Purse Seine Fishing
16. Closed areas
17. Nets and mesh sizes
18. Measuring of mass
Part 4 : Other Nets: Beach-Seine Net, Staked Net, Set-Net, Driftnet and Gillnet
19. General
20. Closed areas
Part 5 : Linefishing
21. General
22. General
Part 6 : Other Gear
23. Other gear
Part 7 : Marine Aquarium Fish
24. Marine aquarium fish
Chapter 5 : Species Restrictions
Part 1 : General
25. Size and mass limits
26. Dumping
27. Disposal of fish and aquatic plants
Part 2 : Hake Longlining
28. General
29. Gear restrictions
Part 3 : Sharks
30. General
31. Bag limits
Part 4 : Chokka Squid
32. Gear restrictions
33. Bag limits
Part 5 : Tuna
34. General
35. Bag limits
Part 6 : Abalone
36. General
37. Minumum size
38. [Repealed] Recreational
39. [Repealed] Commercial
40. [Repealed] Closed areas
Part 7 : Oyster
41. General
42. Commercial
43. Recreational and subsistence
Part 8 : Rock Lobster
44. General
Part 9 : West Coast Rock Lobster
45. General
46. Commercial gear restrictions
47. Closed areas
48. Minimum size
49. Commercial
50. West coast rock lobster zones
Part 10 : East Coast Rock Lobster
51. Recreational and subsistence
52. General
53. Recreational or subsistence
Part 11 : Other Species
54. Prohibited deepwater species
55. Shellfish, red bait and other invertebrate fish
56. Size limits, gear restrictions and fishing methods
57. Aquatic plants
58. [Repealed] Whales, dolphins and turtles
59. Sea horse, pipe fish and coelacanth
Chapter 6 : Mariculture
60. General
61. Applications
62. General mariculture permit conditions
63. Mariculture permit holders to minimise environmental impacts
64. Modification of permits
65. Cessation of mariculture
66. Suspension of mariculture permits
67. Cancellation and non-renewal of mariculture permits
68. Prohibition on unauthorised release of live fish
69. Environmental impact assessment
70. Genetically modified organisms
71. Notifiable diseases
72. Use of chemicals or pharmaceutical drugs
73. Public health
Chapter 7 : Landing, Transportation, Delivery, Receipt, Processing and Marketing of Fish and Fish Products
74. Prohibition
Chapter 8 : Compliance Control
75. Marine protected areas
76. Vessel monitoring systems
77. Marking of fishing vessels
78. Radio call signs
79. Logbooks
80. Documents to be carried on board fishing vessels
81. Stowage of fishing gear
82. Observers
83. Fishery control officers
84. Inspection procedures
85. Offloading and transhipment
Chapter 9 : Other Provisions
Part 1 : Provisions Relating to the Leaving of Objects and Dispensing of Material in the Sea
86. Fishing gear and other implements
87. Waste
Part 2 : Fishing Harbour Regulations
88. Use of buildings
89. Navigation, entrance to and accommodation in fishing harbours
90. Mooring of fishing vessels and vessels
91. Placing of objects in fishing harbours
92. Health, offensive cargoes and fire hazards
93. Repairs
94. Entrance to fishing harbour
95. Vehicles
Part 3 : Offences and Penalties
96. Offences and penalties
Annexures
Annexure 1 : Format of Foreign Fishing Vessel Licence
Annexure 2 : Closed Seasons and Other Time Restrictions
Annexure 3 : Measuring of Mass
Annexure 4 : Traditional Commercial Linefish
Annexure 5 : Tuna Pole Permit
Annexure 6 : Hake Handline
Annexure 7 : Recreational Fishing
Annexure 8 : Cast-net
Annexure 9 : Aquarium Fish
Annexure 10 : Size and Mass Limits
Annexure 11 : West Coast Rock Lobster Zones
Annexure 12 : Prohibited Deepwater Species
Annexure 13 : Bag Limits for Invertebrate Fish, which may be Possessed by a Holder of a Recreational, or Subsistence Permit Holders
Annexure 14 : Standardised Vessel Marking
Notices
Notice in respect of Applications for New (Experimental and Exploratory) Fisheries
Notice No. 364 of 2020
Recognition of the Nearshore Survivors Association as an interest group in terms of Section 8 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998)
Notice No. 2264 of 2022
"fishing harbour"
means a declared fishing harbour contemplated in
section 27(1)
;
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