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

Regulations

Regulations in terms of the Marine Living Resources Act, 1998

Part 2 : Fishing Harbour Regulations

89. Navigation, entrance to and accommodation in fishing harbours

 

(1) No vessel shall be brought into, launched, lie in, be used in or accommodated in any other manner in a fishing harbour without a permit and without payment of the fees determined by the Minister under section 25 of the Act: Provided that—
(a) permission may be refused in the interest of safe, orderly and efficient harbour management and control; and
(b) no fee shall be payable in respect of a vessel in the service of a governmental agency.

 

(2) No person shall use any vessel within a fishing harbour as a restaurant, place of entertainment, a shop or for any other purpose without a permit and without payment of the fees determined by the Minister under section 25 of the Act.

 

(3) An owner of a vessel shall not use such vessel, cause such vessel to be used or permit such vessel to be used in a fishing harbour unless such vessel is appropriately manned and has a master on board to properly control and navigate such vessel.

 

(4) The master of a vessel within a fishing harbour shall at all times be responsible for the safety thereof.

 

(5) The master of any vessel shall, while that vessel is in a fishing harbour, stay in command thereof until that vessel has been moored.

 

(6) The master of any vessel entering any fishing harbour other than its home port, shall, forthwith inform a fishery control officer of the time and date of his or her arrival and furnish that particulars of that vessel that a fishery control officer may require.

 

(7) The master of any vessel about to enter or that has entered any fishing harbour, shall comply with any instruction given by a fishery control officer or other authorised person.

 

(8) Between sunset and sunrise, a vessel in a fishing h harbour shall display the lights prescribed in the Merchant Shipping (Collision, etc) Regulations, 1996, published under Government Notice No. R. 2076 of 20 December 1996: Provided that a fishery control officer may exempt any vessel from the provisions of this regulation while it is anchored, moored or secured at a place assigned to it by him or her.

 

(9) No person shall use any net or any vessel for fishing in any fishing harbour or within a distance of 150m seaward of the entrance to any harbour, without a permit.

 

(10) Subject to the provisions of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), a fishery control officer may—
(a) make the arrangements that he or she may deem necessary to prevent a vessel from leaving a fishing harbour if it is overloaded! improperly loaded, or has insufficient qualified crew, or is unseaworthy; and
(b) by written order detain that vessel until that defect has been remedied to his or her satisfaction.

 

(11) The owner or master of any vessel which has been involved in an accident of any nature within the fishing harbour area, shall forthwith report the accident to a fishery control officer, and shall within 24 hours after the accident furnish him 'or her with a full report thereof in writing, whether damage was done to the State's property or not.

 

(12) No person shall navigate a vessel within a fishing harbour in a reckless or negligent manner or while he is under the influence of intoxicating liquor or a narcotic drug.