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

Chapter 3 : Management of Marine Living Resources

Part 6 : Foreign Fishing

39. Foreign fishing vessel licences

 

(1) No foreign fishing vessel shall be used for fishing or related activities in South African waters unless a foreign fishing vessel licence has been issued to such vessel.

 

(2) Subject to the provisions of this Act, the Minister may issue a foreign fishing vessel licence in the prescribed format authorising a foreign fishing vessel to be used in South African waters, or any part thereof, for the fishing or related activities that may be determined in the licence.

 

(3) Subject to subsection (4), no foreign fishing vessel licence shall be issued to any foreign fishing vessel unless there is in force with the government of the flag state of the vessel or with an association of which the owner or charterer is a member, a fishery agreement to which the national government of the Republic is a party.

 

(4) Notwithstanding the absence of a fishery agreement contemplated in subsection (3), the Minister may issue a licence in respect of a foreign fishing vessel where the applicant provides sufficient financial and other guarantees relating to his or her fulfilment of all obligations arising in terms of this Act, as well as other conditions regarding insurance related to pollution and rescue, and the Minister is satisfied that those guarantees are adequate for that purpose.

 

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