Marine Living Resources Act, 1998 (Act No. 18 of 1998)

(1) The Minister may provide appropriate information in terms of international conservation and management measures to an international organisation of which the Republic is a member, or to states parties to such international conservation and management measures. (2) The Minister may exchange information, including evidentiary material, with other states that are parties to international conservation and management measures to enable the Republic and such other states to better implement the objects of such international conservation and management measures. (3) If the Director-General has reason to suspect that a foreign fishing vessel was involved in a contravention of an international conservation or management measure, he or she may- (a) provide to the appropriate authorities of the flag state of the foreign fishing vessel concerned, such information, including evidentiary material, relating to that contravention; and (b) when such foreign fishing vessel is voluntarily in a port of the Republic, promptly notify the appropriate authorities of the flag state of the vessel accordingly. (4) The Minister may from time to time publish by notice in the Gazette particulars of any international conservation and management measures or international agreement concerning marine living resources.

(2) Any person who contravenes- (a) a provision of an international conservation and management measure inside or outside South African waters, or otherwise fails to comply with any provision of Part 7 of Chapter 3, by means of a vessel registered in the Republic; or (b) the conditions imposed in a high seas fishing permit or high seas fishing vessel licence, shall be guilty of an offense and liable on conviction to a fine not exceeding three million rand.

(1) No person shall - (a) use, permit to be used, or attempt to use any explosive, fire-arm, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish, or of in any way rendering fish to be caught more easily; (b) carry or have in his or her possession or control any explosive, fire-arm, poison or other noxious substance for any of the purposes referred to in paragraph (a); or (c) engage in a fishing or related activity by a method or in a manner prohibited by the Minister by notice in the Gazette. (2) No person shall land, sell, receive or possess any fish taken by any means in contravention of this Act.

(1) An application to place a fish aggregating device in South African waters shall be submitted to the Minister in the manner that the Minister may determine. (2) A permit to place a fish aggregating device shall not confer any right to fish. (3) The Minister may by notice in the Gazette- (a) declare any fish aggregating device to be a designated fish aggregating device for the purposes of this section; and (b) determine who may fish within a radius of one nautical mile of a designated fish aggregating device or a class of designated fish aggregating devices. (4) Subject to subsection (3), no person shall fish within a radius of one nautical mile from a designated fish aggregating device without the permission of the Minister and unless in accordance with the conditions that he or she may determine. (5) Permission to use a fish aggregating device does not affect any obligation to observe applicable conservation or management measures, unless the Minister determines in writing that a particular measure does not apply in respect of fish caught within one nautical mile of that device.

(1) The Minister may make regulations regarding- (bb) relating to the dumping or discharging of anything which is or may be injurious to fish, or which may disturb or change the ecological balance in any area of the sea;

(g) subject to the provisions of the Labour Relations Act, 1995 (Act No. 66 of 1995), the employment of South African persons on board fishing vessels that are used for the utilisation of any right access.

"master" means, in relation to a vessel, aircraft or other craft, the person having lawful command or charge, or for the time being in charge of, the vessel, aircraft or other craft, as the case may be, including a person who has principal responsibility for fishing on board, but does not include a pilot aboard a fishing vessel solely for the purpose of providing navigational assistance.

"owner" means any person exercising or discharging or claiming the right or accepting the obligation to exercise or discharge any of the powers or duties of an owner whether on his or her own behalf or on behalf of another, including a person who is the owner jointly with one or more other persons and the manager, director, secretary, or other similar officer or any person purporting to act in such a capacity, of any body corporate or company which is an owner.

(5) If a fishing vessel is used in contravention of subsection (1) or of any condition of a foreign fishing vessel license, the master, owner and charterer of that fishing vessel shall each be guilty of an offense.

local fishing vessel means any fishing vessel registered in the Republic which is- (a) wholly owned and controlled by one or more South African persons; (b) wholly owned by the State; (c) wholly owned and controlled by any body corporate, society or other association of persons incorporated or established under the laws of the Republic and in which the majority of the shares and the voting rights are held and controlled by South African persons; or (d) wholly owned by a body corporate designated as an authorised body corporate by the Minister;

(1) No person shall undertake commercial fishing or subsistence fishing, engage in mariculture or operate a fish processing establishment unless a right to undertake or engage in such an activity or to operate such an establishment has been granted to such a person by the Minister. (2) An application for any right referred to in subsection (1) shall be submitted to the Minister in the manner that the Minister may determine. (3) The Minister may require an environmental impact assessment report to be submitted by the applicant. (4) Unless otherwise determined by the Minister in relation to the holders of existing rights, only South African persons shall acquire or hold rights in terms of this section. (5) In granting any right referred to in subsection (1), the Minister shall, in order to achieve the objectives contemplated in section 2, have particular regard to the need to permit new entrants, particularly those from historically disadvantaged sectors of society. (6) All rights granted in terms of this section shall be valid for the period determined by the Minister, which period shall not exceed 15 years, whereafter it shall automatically terminate and revert back to the State to be reallocated in terms of the provisions of this Act relating to the allocation of such rights. (6A)(a) If the Minister has granted a right contemplated in subsection (6) to a person for a period not exceeding three years, the Minister may once only, at the expiration of such period, extend the period of validity of the right for a further period not exceeding two years on such terms and conditions as he or she may impose. (b) The Minister may extend the period of validity of the right in whole or in part, but must have regard to any change in the total allowable catch, the total applied effort determined in terms of section 14 or to both such change and effort. (7) The Minister may determine sustainable conservation and management measures, including the use of a particular type of vessel or gear, or area of fishing, to which a right may be subject.

(1) No person shall use a fishing vessel or any other vessel to exercise any right of access unless a local fishing vessel licence has been issued to such person. (2) An application for a local fishing vessel licence shall be submitted to the Minister in the manner that the Minister may determine.

(1) If a holder of any right, licence or permit in terms of this Act- (a) has furnished information in the application for that right, licence or permit, or has submitted any other information required in terms of this Act, which is not true or complete; (b) contravenes or fails to comply with a condition imposed in the right, licence or permit; (c) contravenes or fails to comply with a provision of this Act; (d) is convicted of an offense in terms of this Act; or (e) fails to effectively utilise that right, licence or permit, the Director-General may by written notice delivered to such holder, or sent by registered post to the said holder's last known address, request the holder to show cause in writing, within a period of 21 days from the date of the notice, why the right, licence or permit should not be revoked, suspended, cancelled, altered or reduced, as the case may be. (2) The Director-General shall after expiry of the period referred to in subsection (1) refer the matter, together with any reason furnished by the holder in question, to the Minister for the Minister's decision. (3) When a matter is referred to the Minister in terms of subsection (2), the Minister may- (a) revoke the right, licence or permit; (b) suspend the right, licence or pen-nit for a period determined by the Minister; (c) cancel the right, licence or permit from a date determined by the Minister; (d) alter the terms or conditions of the right, licence or permit; or (e) decide not to revoke, suspend, cancel, alter or reduce the right, licence or permit. (4) Notwithstanding the provisions of subsections (1), (2) and (3), the Minister may, whenever he or she is of the opinion that it is in the interests of the promotion, protection or utilisation on a sustainable basis of a particular marine living resource, at any time by written notice to the holder of a right, licence or permit, revoke, suspend, cancel or reduce that right, licence or permit.