Regulations relating to the exploitation of marine resources

(1) Except in terms of a right, an exploratory right or an exemption granted under section 62(1)(a) of the Act, a person may not - (a) harvest any species of marine mammal other than the Cape fur seal (Arctocephalus pusillus pusillus) or any species of marine turtle.

(1) Except in terms of a right, an exploratory right or an exemption granted under section 62(1)(a) of the Act, a person may not - (a) harvest any species of marine mammal other than the Cape fur seal (Arctocephalus pusillus pusillus) or any species of marine turtle. (b) kill, disturb or maim any penguin (Spheniscidae), grebe (Podicipedidae), albatross (Diomedeidae), petrel, shearwater or prion (Procellariidae), storm petrel (Oceanitidae), pelican (Pelecanidae), gannet (Sulidae), cormorant (Phalacrocoracidae), darter (Anhingidae), heron, egret or bittern (Ardeidae), ibis or spoonbill (Plataleidae), flamingo (Phoenicopteridae), duck or goose (Anatidae), rail, crake, moorhen or coot (Rallidae), jacana (Jacanidae), oystercatcher (Haematopodidae), plover (Charadriidae), turnstone, sandpiper, stint, snipe, curlew or phalarope (Scolopacisae), avocet or stilt (Recurvirostridae) or skua, gull or tern (Laridae) or the eggs of any of those marine resources; or (c) on any island, rock or guano platform or in Namibian waters or on the shore seaward of the high-water mark or in the air above such areas, harvest any bird; (d) kill or maim any great white shark (Carcharodon carcharias). (2) A person who accidentally harvests or otherwise takes a marine resource referred to in subregulation (1) must return it immediately to the sea, or to any other place from which it was harvested or taken, with as little injury as possible. (3) A person referred to in subregulation (2) or person who accidentally kills or maims a marine resource referred to in subregulation (1) must as soon as possible after the incident submit a report in writing to the inspectorate office at the port of entry containing the following information: (a) the harvesting or killing; (b) the species and number of marine resources harvested or killed; and (c) the circumstances under which the harvesting or killing occurred.

(1) A person may not, without a written authorisation by the Minister, leave any fishing gear or any other non-biodegradable object utilised for harvesting marine resources on or in the sea or on the sea shore on the termination of harvesting. (2) A person who leaves the fishing gear or any other non-biodegradable object referred to in subregulation (1) on or in the sea or on the sea shore must obtain a written permission from the Minister before removing such gear or object. (3) The Minister may cause fishing gear or any other non-biodegradable object referred to in subregulation (1) and left on or in the sea or on the sea shore to be removed by any other person designated by the Minister for that purpose. (4) Any costs incurred in connection with the removal of any fishing gear or any other non-biodegradable object contemplated in subregulation (3) may be recovered from the person by whom the gear or object was left on or in the sea or on the sea shore, which costs constitute a debt owing to the State.

(1) A person may not discharge waste generated on a fishing vessel into the sea, except biodegradable household waste or fish offal. (2) Waste, other than biodegradable household waste or fish offal, must be taken back to port and disposed of in a manner satisfactory to the authority responsible for the disposal of waste in the port in which such waste is landed. (3) Biodegradable household waste or fish offal may be dumped into the sea beyond a distance of two nautical miles from the low-water line. (4) A person may not discard any marine resources harvested, or taken as by-catch during harvesting, for commercial purposes and - (a) for which the Minister has determined a total allowable catch in terms of section 38 of the Act; (b) which are subject to measures in terms of section 39 of the Act; or (c) for the discarding of which the Minister has granted an exemption in terms of section 62 of the Act. (5) For the purposes of subregulations (1), (2) and (3), “fish offal” means viscera, which are the internal organs of the body, head and fins of a fish.

(1) The master of a licensed fishing vessel must promptly provide a fisheries inspector safe and convenient access to the vessel at any time that the fisheries inspector seeks to board that vessel in the exercise of his or her powers in terms of the Act, including a suitable boarding ladder. (2) The master of a licensed fishing vessel must, while in Namibian waters, allow a fisheries inspector, fisheries observer or any other person designated by the Minister for a specific purpose, to board and remain on board such fishing vessel and must without charge - (a) allow the inspector, observer or other designated person full access to all equipment, including navigation and communication equipment, records and documents and to any marine resources on board the vessel as may be necessary to carry out his or her duties; (b) allow the inspector, observer or other designated person to make tests, observations and records and to take and remove such samples as he or she may reasonably require in connection with the vessel’s activities in terms of the licence; and (c) provide the inspector, observer or other designated person food and accommodation at least equivalent to that provided to officers of the vessel.

(2) Except in accordance with conditions attached to a licence or with a written authorisation by the Permanent Secretary, no transhipment of any marine resources from or to any fishing vessel or any other vessel may be carried out at any place other than inside a port in Namibia and under the supervision of a fisheries inspector or any other person designated by the Permanent Secretary for that purpose. (3) Any costs of transport, accommodation or other expenditure pertaining to the performance of the duties of fisheries inspectors or other persons designated by the Permanent Secretary in respect of the supervision of a transhipment of marine resources outside a port in Namibia must be borne by the holder of the licence relating to the vessel from which the landing or transhipment is undertaken.