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

Regulations

Regulations in terms of the Marine Living Resources Act, 1998

Part 2 : Fishing Harbour Regulations

90. Mooring of fishing vessels and vessels

 

(1) A fishery control officer may indicate the place where a vessel shall be moored in a fishing harbour and may alter or rescind such assignment.

 

(2) No vessel shall be attached to any navigational aid in a fishing harbour and the master of a vessel which obstructs or displaces any navigational aid, shall forthwith report the obstruction or displacement to a fishery control officer and shall within 24 hours after the obstruction or displacement, furnish him or her with a full report thereof in writing.

 

(3) The master of a vessel who, for reasons beyond his control, has moored a vessel in a fishing harbour at a berth or other place not assigned to it by a fishery control officer, shall forthwith notify a fishery control officer thereof, and the fishery control officer may thereupon take the steps that he or she deems necessary in the interest of safe, orderly and efficient harbour administration and control.

 

(4) No vessel shall be anchored or moored in a navigational channel within a fishing harbour, except in cases of force majeur or distress.

 

(5)        No person shall—

(a) within the water area adjacent to a slipway in a fishing harbour anchor, moor or place a vessel; or
(b) place any chain, anchor or other obstacle.

 

(6) The owner or master of a vessel which is anchored, moored or berthed in a fishing harbour in a manner that causes inconvenience or danger, shall forthwith comply with an order by a fishery control officer to render safe or remove that vessel.

 

(7) If any vessel has become waterlogged in a fishing harbour, the owner shall by order of a fishery control officer effect the necessary repairs thereto or remove that vessel from the water without delay.

 

(8) The owner of a vessel which has sunk in a fishing harbour shall effect the necessary salvage or repair work or remove that vessel from the water without delay.

 

(9) A fishery control officer may order the owner of a vessel that is moored or anchored in a fishing harbour to have the moorings of such vessel lifted for inspection and to carry out; within a time specified by him or her, any repairs to or replacement of such moorings deemed necessary by trim or hen

 

(10) The owner or master of a vessel to which an anchorage or mooring in a fishing harbour has been assigned for offloading or provisioning, shall ensure that the vessel leaves the quay as soon as its catch has been landed or supplies, fuel, equipment or crew have been taken on board.

 

(11) If the owner or master of a vessel fails to comply with the provisions of subregulation (10)—
(a) the applicable fees determined by the Minister under section 25 of the Act, shall be payable; and
(b) a fishery control officer may ensure that the vessel leaves the quay.

 

(12) A vessel shall be allowed to moor in a fishing harbour on condition that—
(a) the owner or master shall be responsible for the safe mooring and protection of the vessel and shall satisfy himself or herself that the mooring, quay, fenders, mooring ropes, chains and other equipment are in such condition that the vessel can be safely moored there during adverse weather conditions;
(b) the vessel is accommodated in a fishing harbour at the owner's risk and a fishery control officer shall reserve the right to cause two or more vessels to be moored alongside each other;
(c) where two or more vessels are moored alongside each other, the respective owners or masters shall be responsible for the provision of sufficient fenders between the vessels;
(d) the owner or master of the vessel shall allow another vessel to be moored alongside or to be unmoored;
(e) if the vessel is removed from a group of vessels moored alongside each other, the owner or master of that vessel shall ensure that the mooring ropes of the remaining vessels are properly secured and that the fenders are properly positioned in order to prevent damage to the vessels;
(f) the owner or master of the vessel shall by order of a fishery control officer and for such period as he may indicate, remove his or her vessel when it is necessary to conduct depth soundings or dredging or to effect repairs to quays or fenders, or when it is necessary or desirable to vacate quays or portions of quays; and
(g) the owner or master of the vessel shall by order of a fishery control officer, remove the vessel or have it removed from the place where it has been moored to another place assigned by the fishery control officer.