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South Africa
Marine Living Resources Act, 1998
Act 18 of 1998
- Published in Government Gazette 18930 on 27 May 1998
- Assented to on 21 May 1998
- Commenced on 1 September 1998 by Marine Living Resources Act, 1998: Commencement
- [This is the version of this document from 8 March 2016.]
- [Amended by Marine Living Resources Amendment Act, 2000 (Act 68 of 2000) on 30 May 2000]
- [Amended by National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003) on 2 June 2014]
- [Amended by Marine Living Resources Amendment Act, 2014 (Act 5 of 2014) on 8 March 2016]
1. Definitions
In this Act, unless the context indicates otherwise—“aircraft” means any craft capable of self-sustained movement through the atmosphere and includes a hovercraft;“allowable commercial catch” means that part of the total allowable catch available annually for commercial fishing rights in terms of section 14;“aquatic plant” means any kind of plant, algae or other plant organism found in the sea and in or on the seashore;“commercial fishing” means fishing for any of the species which have been determined by the Minister in terms of section 14 to be subject to the allowable commercial catch or total applied effort, or parts of both;“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);“Council” means the Fisheries Transformation Council established in terms of section 29;“court” means a competent court of law;“Department” means the Department of Environmental Affairs and Tourism;“Director-General” means the Director-General of the Department;“driftnet” means a gillnet or other net or a combination of nets, the purpose of which is to enmesh, entrap or entangle fish by drifting on the surface of or in the water, irrespective of whether it is used or intended to be used while attached to any point of land or the seabed or to any vessel;“driftnet fishing activities” means fishing with the use of a driftnet and includes any related activities, including transporting, transshipping and processing any driftnet catch, and the provision of food, fuel and other supplies for vessels used or outfitted for driftnet fishing;“exclusive economic zone” means the exclusive economic zone as defined in section 7 of the Maritime Zones Act, 1994 (Act No. 15 of 1994);“fish” means the marine living resources of the sea and the seashore, including any aquatic plant or animal whether piscine or not, and any mollusc, crustacean, coral, sponge, holothurian or other echinoderm, reptile and marine mammal, and includes their eggs, larvae and all juvenile stages, but does not include sea birds and seals;“fish aggregating device” means an artificially made or partially artificially made floating, submerged or semi-submerged device, whether anchored or not, intended to aggregate fish, including any natural floating object on which a device has been placed to facilitate its location;“fisheries management area” means a fisheries management area declared in terms of section 15(1);“fishery” means one or more stock or stocks of fish or any fishing operations based on such stocks which can be treated as a unit for purposes of conservation and management, taking into account geographical, scientific, technical, recreational, economic and other relevant characteristics;“fishery control officer” means any person appointed as a fishery control officer in terms of section 9;“fishing” means—(a)searching for, catching, taking or harvesting fish or an attempt to any such activity;(b)engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish;(c)placing, searching for or recovering any fish aggregating device or associated gear, including radio beacons;(d)any operation in support or in preparation of any activity described in this definition; or(e)the use of an aircraft in relation to any activity described in this definition;“fishing harbour” means a declared fishing harbour contemplated in section 27(1);“fishing vessel” means any vessel, boat, ship or other craft which is used for, equipped to be used for or of a type that is normally used for fishing or related activities, and includes all gear, equipment, stores, cargo and fuel on board the vessel;“fish processing establishment” means any vehicle, vessel, premises or place where any substance or article is produced from fish by any method, including the work of cutting up, dismembering, separating parts of, cleaning, sorting, lining and preserving of fish or where fish are canned, packed, dried, gutted, salted, iced, chilled, frozen or otherwise processed for sale in or outside the territory of the Republic;“fish product” means any product, whether in a processed form or not, wholly or partially derived from fish;“foreign fishing vessel” means any fishing vessel other than a local fishing vessel;“foreign fishing vessel licence” means a licence issued in terms of section 39(2);“Forum” means the Consultative Advisory Forum for Marine Living Resources established under section 5;“Fund” means the Marine Living Resources Fund referred to in section 10(1);“gear” means, in relation to fishing, any equipment, implement or other object that can be used in fishing, including any net, rope, line, float, trap, hook, winch, aircraft, boat or craft carried on board a vessel, aircraft or other craft;“high seas” means the waters beyond South African waters, but does not include waters subject to the particular jurisdiction of another state;“high seas fishing vessel” means a vessel in respect of which a high seas fishing vessel licence has been issued in terms of section 41(1);“high seas fishing vessel licence” means a licence issued in terms of section 41(1);“internal waters” means the internal waters as defined in section 3 of the Maritime Zones Act, 1994;“international conservation and management measures” means measures to conserve or manage one or more species of marine living resources contained in international conventions, treaties or agreements, or that are adopted or applied in accordance with the relevant rules of international law as reflected in the United Nations Convention on the Law of the Sea, whether by global, regional or subregional fishery organisations and which measures are binding on the Republic in terms of international law;“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;“focal fishing vessel licence” means a licence issued in terms of section 23(1);“mariculture” means the culture or husbandry of fish in sea water;“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;“Minister” means the Minister responsible for the Department;“nautical mile” means the international nautical mile of 1 852 metres;“net” means a fabric of rope, cord, twine or other material knotted or woven into meshes by which fish can be taken;“observation device” means any device or machine placed on a fishing vessel in terms of this Act as a condition of its licence which transmits, whether in conjunction with other machines elsewhere or not, information or data concerning the position and fishing activities of the vessel;“observer” means any person authorised in writing by the Director-General in terms of section 50 to perform scientific, compliance, monitoring and other similar observation duties on board a fishing vessel in accordance with this Act;“organ of state” means an organ of state as defined in section 239 of the Constitution;“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;“permit” means a permit contemplated in section 13;“person” includes a trust;“prescribe” means to prescribe by regulation;“recreational fishing” means, any fishing done for leisure or sport and not for sale, barter, earnings or gain;“regulation” means a regulation made and includes a notice issued under this Act;“related activities” include—(a)storing, buying, selling, transshipping, processing or transporting of fish or any fish product taken from South African waters up to the time it is first landed or in the course of high seas fishing;(b)on-shore storing, buying, selling or processing of fish or any fish product from the time it is first landed;(c)refuelling or supplying fishing vessels, selling or supplying fishing equipment or performing any other act in support of fishing;(d)exporting and importing fish or any fish product; or(e)engaging in the business of providing agency, consultancy or other similar services for and in relation to fishing or a related activity;“right of access” means a right of access to fish granted in terms of this Act;“seashore” means the sea-shore as defined in section 1 of the Sea-shore Act, 1935 (Act No. 21 of 1935);“sedentary species” means organisms which, at the harvestable stage, either are immobile on or under the seabed, or are unable to move except in constant physical contact with the seabed or the subsoil;‘small-scale fisher’ means a member of a small-scale fishing community engaged in fishing to meet food and basic livelihood needs, or directly involved in processing or marketing of fish, who—(a)traditionally operate in near-shore fishing grounds;(b)predominantly employ traditional low technology or passive fishing gear;(c)undertake single day fishing trips; and(d)is engaged in consumption, barter or sale of fish or otherwise involved in commercial activity, all within the small-scale fisheries sector, and[definition of ‘small-scale fisher’ inserted by section 1(a) of Act 5 of 2014]‘small-scale fishing’ must be interpreted accordingly;[definition of ‘small-scale fishing’ inserted by section 1(a) of Act 5 of 2014]‘small-scale fisheries sector’ means that sector of fishers who engage in small-scale fishing;[definition of ‘small-scale fisheries sector’ inserted by section 1(a) of Act 5 of 2014]‘small-scale fishing community’ means a group of persons who—(i)are, or historically have been, small-scale fishers;(ii)have shared aspirations and historical interests or rights in small-scale fishing;(iii)have a history of shared small-scale fishing and who are, but for the impact of forced removals, tied to particular waters or geographic area, and were or still are operating where they previously enjoyed access to fish, or continue to exercise their rights in a communal manner in terms of an agreement, custom or law; and(iv)regard themselves as a small-scale fishing community;[definition of ‘small-scale fishing community’ inserted by section 1(a) of Act 5 of 2014]“South African person” means—(a)a South African citizen in terms of the South African Citizenship Act, 1995 (Act No. 88 of 1995);(b)a company registered in terms of the Companies Act, 1973 (Act No. 61 of 1973), of which the majority of shareholders, as prescribed by the Minister, are South African persons;(c)a close corporation in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984), of which the majority of members are South African persons;(d)a trust in which—(i)the majority of trustees having the controlling power at any given time are South African citizens; or(ii)a majority of the beneficial interests are held by South African citizens; or(e)a co-operative registered in terms of the Co-operatives Act, 2005 (Act No. 14 of 2005), of which all the members are South African citizens but, where any member is a juristic person, such person’s principal place of business must be in the Republic;[paragraph (e) added by section 1(d) of Act 5 of 2014]“South African waters” means the seashore, internal waters, territorial waters, the exclusive economic zone, and in relation to the sedentary species as defined in Article 77 of the United Nations Convention on the Law of the Sea, the continental shelf as defined in section 7 of the Maritime Zones Act, 1994, and such waters include tidal lagoons and tidal rivers in which a rise and fall of the water level takes place as a result of the tides;“subsistence fisher” [definition of “subsistence fisher” deleted by section 1(e) of Act 5 of 2014]“territorial waters” means the territorial waters as defined in section 4 of the Maritime Zones Act, 1994;“this Act” includes any regulation or notice made or issued under this Act;“total allowable catch” means the maximum quantity of fish of individual species or groups of species made available annually, or during such other period of time as may be prescribed, for combined recreational, small-scale, commercial and foreign fishing in terms of section 14;[definition of “total allowable catch” substituted by section 1(f) of Act 5 of 2014]“total applied effort” means the maximum number of fishing vessels, the type, size and engine power thereof or the fishing method applied thereby for which fishing vessel licences or permits to fish may be issued for individual species or groups of species, or the maximum number of persons on board a fishing vessel for which fishing licences or permits may be issued to fish individual species or groups of species;“transship” means transferring fish or gear from one vessel to another;“trap” means an enclosure, not being a net, that may be used to take fish;“United Nations Convention on the Law of the Sea” means the United Nations Convention on the Law of the Sea, 1982, adopted at Montego Bay on 10 December 1982;“vessel” includes any canoe, lighter, floating platform, decked boat, carrier vessel, vessel equipped with an inboard or outboard motor or any other craft, whether a surface craft or submarine;“year” means any period extending from a day in one year to a day preceding the day corresponding numerically to that day and month in the following year, both days inclusive.Chapter 1
Introductory provisions
2. Objectives and principles
The Minister and any organ of state shall in exercising any power under this Act, have regard to the following objectives and principles:3. Application of Act
4. Conflict with other Acts
If any conflict relating to marine living resources dealt with in this Act arises between this Act and the provisions of any other law, save the Constitution or any Act expressly amending this Act, the provisions of this Act shall prevail.Chapter 2
Administration
5. Establishment of Forum
The Minister shall establish a body called the Consultative Advisory Forum for Marine Living Resources.6. Functions of Forum
The Forum shall advise the Minister on any matter—7. Composition of Forum
8. Industrial bodies and interest groups
9. Fishery control officers and honorary marine conservation officers
10. Marine Living Resources Fund
11. Appropriation of Fund
The Fund shall provide for the administration of the provisions of this Act, including any activity aimed at reaching the objectives referred to in section 2.12. Register
13. Permits
Chapter 3
Management of marine living resources
Part 1 – Fisheries planning
14. Determination of allowable catches and applied effort
15. Fisheries management areas
16. Emergency measures
17. Priority fishing areas
If the Minister is of the opinion that special measures are necessary to ensure that authorised fishing within any area of the South African waters is not impeded or otherwise interfered with, he or she may, after consultation with the affected parties, by notice in the Gazette—Part 2 – Local fishing
18. Granting of rights
19. Small-scale fishing
20. Recreational fishing
Part 3 – Commercial fishing
21. Commercial fishing
22. Leasing of rights
Part 4 – General local matters
23. Local fishing vessel licence
24. Reduction of rights
The Minister may in respect of any fishery, determine, after consultation with the Forum, that the portions of the total allowable catch, the total applied effort, or a combination thereof, allocated in any year to small-scale, local commercial and foreign fishing, and rights granted in respect thereof, shall be reduced.[section 24 substituted by section 6 of Act 5 of 2014]25. Fees
26. Recovery of interest and fees
The Director-General may recover the amount of any interest or fee which is due and payable in terms of this Act in a competent court of law.27. Fishing harbours
28. Cancellation and suspension of rights, licences and permits
Part 5 – Fisheries Transformation Council
29. Establishment of Fisheries Transformation Council
The Minister shall establish a body by notice in the Gazette, which shall be called the Fisheries Transformation Council.30. Main object of Council
The main object of the Council shall be to facilitate the achievement of fair and equitable access to the rights referred to in section 18.31. Allocation of rights to and by Council
32. Powers of Council
The Council may, subject to restrictions determined by the Minister—33. Management and control
For the purposes of management and control of the Council, the Minister may—34. Composition of Council
35. Staff
The employees required for the proper performance of the Council’s functions, shall be appointed subject to the laws governing the public service.36. Reporting
37. Abolishment of Council
The Minister may by notice in the Gazette, after consultation with the Forum, abolish the Council.Part 6 – Foreign fishing
38. International agreements
39. Foreign fishing vessel licences
Part 7 – High seas fishing
40. Prohibition of high seas fishing
No person shall undertake fishing or related activities on the high seas by means of a fishing vessel registered in the Republic unless a high seas fishing vessel licence has been issued in respect of such a fishing vessel.41. High seas licences
42. Implementation of international conservation and management measures
Chapter 4
Marine protected areas
43. ****
[section 43 repealed by section 90 of Act 57 of 2003]Chapter 5
Prohibited activities and stowage of gear
44. Prohibited fishing methods
45. Possession of prohibited gear
No person shall use, possess or have control of—46. Interference with gear
No person shall—47. Driftnet fishing
Except on the authority of a permit issued by the Minister—48. Fish aggregating devices
49. Stowage of gear
Chapter 6
Law enforcement
50. Observers
51. Powers of fishery control officers
52. Powers of fishery control officers beyond South African waters
A fishery control officer may without a warrant following hot pursuit in accordance with international law as reflected in article 111 of the United Nations Convention on the Law of the Sea—53. Seizure of vessels
54. Seizure of vehicles or aircraft
55. Immobilisation of vessels, vehicles or aircraft
56. Co-operation with officials
57. Duty to report
A holder of a right, license or permit granted or issued in terms of this Act shall report to the Minister any contravention of the provisions of this Act by any other person.Chapter 7
Judicial matters
58. Offences and penalties
59. Limitation of liability
60. Destruction of evidence
61. Payment for information leading to conviction
The Minister may from money appropriated by Parliament for that purpose and in consultation with the Minister of Finance, pay to any person, excluding a person in the employment of the State or an organ of state who has furnished any information or material of proof which leads to a conviction by a court, a remuneration in cash which, in the opinion of the Minister, is reasonable and fair in the circumstances.62. Security for release of vessel, vehicle or aircraft
63. Disposal of perishables
64. Treatment of things detained or seized
65. Application of security
Any security or net proceeds of sale held in respect of any vessel, vehicle, aircraft or other thing shall be applied as follows and in that order:66. Liability for loss, damage or deterioration of things in custody
The State shall not be liable to any person for any loss, damage to or deterioration in the condition of any vessel, vehicle, aircraft or other thing while in the custody of the State in terms of this Act.67. Removal from custody
68. Forfeiture orders by court
69. Disposal of forfeited things and discharge of forfeiture orders
70. Jurisdiction of courts
71. Documentary evidence
72. Validity of certificates
73. Certificate as to location of vessel
74. Designated machines
75. Photographic evidence
76. Observation devices
Chapter 8
General provisions
77. Power to make regulations
78. Assignment to provinces
The Minister may assign the administration of any provision of this Act to the executive authority of a province.79. Delegation of powers
80. Appeal to Minister
81. Exemptions
82. Inquiries
83. Scientific investigations and practical experiments
The Minister may, notwithstanding the provisions of this Act, permit any scientific investigation or practical experiment.84. Repeal of laws, and savings
85. Transitional measures
Notwithstanding the provisions of section 84, the Minister shall for a period of six months after the commencement of this Act, exercise the powers of all institutions established by or under any Act repealed by that section, including the Sea Fishery Advisory Committee and Quota Board established by the Sea Fishery Act, 1988 (Act No. 12 of 1988).86. Short title and commencement
This Act shall be called the Marine Living Resources Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.History of this document
08 March 2016 this version
Amended by
Marine Living Resources Amendment Act, 2014
02 June 2014
30 May 2000
01 September 1998
Commenced by
Marine Living Resources Act, 1998: Commencement
21 May 1998
Assented to
Cited documents 7
Act 7
1. | Criminal Procedure Act, 1977 | 3804 citations |
2. | Labour Relations Act, 1995 | 1981 citations |
3. | Constitution of the Republic of South Africa, 1996 | 601 citations |
4. | South African Citizenship Act, 1995 | 114 citations |
5. | General Law Amendment Act, 1996 | 52 citations |
6. | General Law Third Amendment Act, 1993 | 39 citations |
7. | Abolition of Restrictions on the Jurisdiction of Courts Act, 1996 | 17 citations |
Documents citing this one 351
Gazette 323
Judgment 20
Government Notice 4
Act 2
1. | National Environmental Management Act, 1998 | 2192 citations |
2. | National Environmental Management: Integrated Coastal Management Act, 2008 | 209 citations |
By-law 2
1. | Coastal Management By-law, 2019 | |
2. | Management and Use of the Berg River Estuary By-law, 2019 |