(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. |