Acts Online
GT Shield

National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Regulations

Amathole Offshore Marine Protected Area Regulations

8. Control of activities in Controlled Zones and Controlled-Pelagic Linefish Zone

 

(1) No person shall fish, or attempt to fish in a Controlled Zone or Controlled-Pelagic Linefish Zone, unless they are in possession of a valid fishing permit, which authorises such person to fish for any of the species in subregulation (2).

 

(2) Notwithstanding anything to the contrary, a person in possession of a fishing permit as contemplated in subregulation (1), may—
(a) only undertake linefishing in the KOCZ;
(b) only undertake linefishing and South Coast Rock Lobster fishing in the GOCZ; and
(c) only undertake linefishing for the pelagic species specified in Annexure 2 to these regulations when fishing in the GOCPLZ,

subject to the species restrictions, quantity, fish size limits, allowable effort, closed seasons and bag limits authorised by such fishing permit.

 

(3) No person shall undertake fishing in a Controlled Zone or Controlled-Pelagic Linefish Zone in the period between sunset in the evening and sunrise of the following day, except for South Coast Rock Lobster in the GOCZ .

 

(4) Fishing gear onboard a vessel or in possession of any person that enters or is present in a Controlled or Controlled-Pelagic Linefish Zone, and who is not authorised to fish in terms of subregulation (1), must be stowed in accordance with regulation 7(2) and 7(3).

 

(5) No person may collect broodstock in a Controlled or Controlled-Pelagic Zone for undertaking aquaculture, without a permit from the Minister.

 

(6) When considering a permit in terms of subregulation (5) the Minister must take into account the following factors—
(a) whether the species is listed as a threatened or protected species in terms of the Threatened or Protected Marine Species Lists and any prohibitions or restrictions therein;
(b) whether the species has been listed on an International Union for the Conservation of Nature Red list, including an international, regional, or national Red List;
(c) the objectives of this Marine Protected Area;
(d) whether the species can be collected outside the Marine Protected Area; and
(e) any other relevant criteria.