Regulations in terms of the MLRA, 1998
Fishing Offenses & Infractions
Does the law/regulation contain any provisions prohibiting the targeting of marine mammals?
Article 24
(1) Except on the authority of a permit, no person shall- (b) keep in captivity any marine mammal for any purpose.
Observers
Does the law/regulation provide for observers and are there requirements for the nationality of observers?
Article 82
(1) Observers designated under section 50 of the Act may- (a) monitor a fishing vessel's compliance with the relevant legislation; (b) record and report upon the fishing activities of the vessel and verify the position of the vessel when engaged in fishing; (c) observe and estimate catches with the view to identifying fishing composition and monitoring discards, by-catches and the taking of undersized fish; (d) record the gear type, mesh size and attachments employed by the master, (e) verify entries made into the log books in respect of species, composition, and quantities; (f) collect fishing and effort data on a set-by-set basis, and this data shall include location, including latitude and longitude, depth, time of net on the bottom and fishing composition; and (g) carry out the scientific work requested by Sea Fisheries. (2) An observer on board a fishing vessel shall be provided with suitable food and accommodation commensurate with that of an officer. (3) Any transport, accommodation, allowance, remuneration or similar costs incurred and payable to the observer on board the vessel, shall be borne by the licence or permit holder of the vessel. (4) Masters of fishing vessels shall ensure that all necessary co-operation is extended to observers in order for them to carry out their duties.
Transshipment
Does the law/regulation provide for transshipment?
Article 85
(1) A person seeking to offload from a fishing vessel in any fishing harbour shall give at least 48 hours notice thereof to the fishery control officer in charge at that fishing harbour or to any other authorised person in accordance with the directions that may be given by Sea Fisheries. (2) Except in accordance with any conditions attached to any licence or permit or on the authority of a permit, no transhipment of any fish or fish products or any other goods from or to any and fishing vessel shall be carried out other than within a fishing harbour and under the supervision of a fishery control officer or other authorised person. (3) The owner or master of any fishing vessel shall give to the fishery control officer at least 48 hours notice of any transhipment of fish or any supplies, and shall provide the information that may be requested by the fishery control officer, including the details of any of the vessels involved, and the type of fish or fish products or other goods, as the case may be.
Vessel Tracking
Does the law/regulation require or exempt fishing vessels to keep VMS turned on, or is there no provision?
Article 76
(1) Any foreign fishing vessel for which a foreign fishing licence has been granted in accordance with section 39 of the Act, shall at all times be equipped with an automated satellite linked vessel monitoring system (VMS). (2) For the purposes of subregulation (1) "VMS" means an autonomous system able to automatically transmit messages to a land based fishing monitoring centre allowing a continuous tracking of the position of the fishing vessel and- (a) information transmitted shall include the vessel's identification, latitude, longitude, date and time, course and speed which shall be transmitted at the required intervals to ensure that the vessel can be effectively monitored; and (b) performance standards shall, at a minimum, shall include a system that- (i) is tamper proof; (ii) may be polled by the monitoring centre; (iii) has a two-way massaging capability between the vessel and the monitoring centre; (iv) is fully automatic and operational at all times regardless of environment conditions; (v) provides real time data; and (vi) provides latitude and longitude with a positional accuracy of 100 metres or better with a confidence interval of 99%. (3) Any South African vessel for which a fishing licence has been granted, shall at the request of the Department, install a VMS as contemplated in subregulation (1), configured to report to the Sea Fisheries monitoring centre.