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

Regulations

Aliwal Shoal Marine Protected Area Regulations

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

 

(1) No person may fish, or attempt to fish in a Controlled-Pelagic Linefish or Controlled zone, unless they are in possession of a valid fishing permit, which authorises such person to fish for the species specified in sub-regulation (2).

 

(2) Notwithstanding anything to the contrary, a person in possession of a fishing permit contemplated in sub-regulation (1)—
(a) may only undertake linefishing and spearfishing for the species specified in Annexure 2 to these regulations, when fishing in the Controlled-Pelagic Linefish Zone; and
(b) may only undertake—
(i) linefishing and spearfishing in a Controlled Zone; or
(ii) beach seine net fishing for small pelagic fish during the sardine run season from 1 May to 30 September each year in a Controlled Zone, subject to species restrictions, quantity, fish size limits, allowable effort, closed seasons and bag limits authorised by such fishing permit.

 

(3) Subject to sub-regulation (4), no person may fish for any shark, or skateor ray species (Subclass Elasmobranchii) within the Marine Protected Area.

 

(4) Catch and release fishing of any shark species (Elasmobranchii), may only take place from the shore within any Controlled Zone.

 

(5) Notwithstanding anything to the contrary, any person in possession of a fishing permit contemplated in sub-regulation (1), in respsect of fishing in the Illovo Offshore Controlled Zone (IOCZ), may not fish for or be in possession of any species other than those on the list in Annexure 2 to these regulations, during the period 1 August to 31 October of any year.

 

(6) No person may undertake fishing from a vessel in a Controlled or the Controlled-Pelagic Linefish Zones in the period between sunset in the evening and sunrise of the following day.

 

(7) 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).

 

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

 

(9) When considering a permit in terms of sub-regulation (8) 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, 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.

 

(10) No person may, in a Controlled-Pelagic Linefish Zone, be in possession of or have on board a vessel, any fish, except for the species listed in Annexure 2 to these regulations.

 

(11) No person may undertake purse-seine and purse-net fishing within the Marine Protected Area.

 

(12) No person may, in any Controlled or Controlled-Pelagic Linefish Zone, chum for or in any other manner, attract any shark species (Elasmobranchii) for the purpose of snorkeling or SCUBA diving with such species, without a permit.

 

(13) Application for a permit referred to in sub-regulation (11) must be made to the Minister and may be issued subject to conditions.

 

(14) No person may arrange, organise, or participate in any fishing competition in the Marine Protected Area, unless authorised by the Minister in writing.