| (1) |
No person may moor or anchor any vessel in a, Restricted or Controlled-Pelagic Linefish zone of the Marine Protected Area except— |
| (a) |
under conditions of force majeure; |
| (b) |
for the use of a vessel by an employee of the Department or any other organ of state acting in the course and scope of their employment or mandate; or |
| (c) |
for any vessel which has a permit in terms of these regulations for any activity which requires anchoring or mooring. |
| (2) |
Despite sub-regulation (1), the Minister may, on application and on such conditions as he or she may deem appropriate, authorise the anchoring or mooring of a vessel in the following circumstances: |
| (b) |
where the Minister may deem it to be necessary in order to ensure the proper management of the Marine Protected Area. |
| (3) |
The Minister may verbally authorise a vessel to moor or anchor within a Restricted or Controlled-Pelagic Linefish zone of the Marine Protected Area as contemplated in sub-regulation (2), which verbal authorisation must be confirmed in writing within 3 working days. |
| (4) |
Any motorised vessel that enters or traverses a Restricted Zone within the Marine Protected Area may not stop for more than 3 minutes, or move at less than— |
| (a) |
5 knots if such vessel is 10 meters or more in length; or |
| (b) |
3 knots if such vessel is less than 10 meters in length, |
unless authorised in terms of these regulations.
| (5) |
Sub-regulation (4) does not apply to a SCUBA diving vessel, or in the CORZ and PORZ. |
| (6) |
A motorised vessel entering or traversing a Restricted Zone within the Marine Protected Area with fishing gear on board must have a Global Positioning System (GPS) Mapping Device with an active trail operational on the vessel, prior to entering and while traversing a Restricted Zone within the Marine Protected Area and such GPS data may not be deleted from this device for 7 calendar days after passing through a Restricted Zone. |
| (7) |
A motorised vessel required by law to have a Vessel Monitoring System must, when entering or traversing the Marine Protected Area with fishing gear on board, ensure that the Vessel Monitoring System is active. |
Special Investigating Units and Special Tribunals Act, 1996
