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

Chapter 5 : Prohibited Activities and Stowage of Gear

48. Fish aggregating devices

 

(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.