Marine Living Resources Act, 1998 (Act No. 18 of 1998) Regulations Regulations in terms of the Marine Living Resources Act, 1998 1. Definitions

 

In these Regulations any word or expression to which a meaning has been assigned in the Act shall bear that meaning and, unless the context otherwise indicates—

 

"abalone"

means any species of the genus Haliotis;

[Definition substituted by regulation 2 of Notice No. R. 1455 dated 8 October 2003]

 

"alikreukel"

means the species Turbo sammaticus also known as ollycrock, cockle or giant periwinkle;

 

"angling"

means recreational fishing by manually operating a rod, reel and line or one or more separate lines to which no more than ten hooks are attached per line:

[Definition inserted by Notice No. R. 329 dated 6 April 2005]

 

"aquarium fish"

means fish that are caught or collected for display purposes in fish tanks or aquariums;

 

"ammadillo"

means any species of the class Polyplacophora, also known as chiton;

 

"bag limit"

means the maximum number of fish, either in respect of individual species or of total catch of fish which may be caught on any one day, or kept in the possession or control of any person:

[Definition inserted by Notice No. R. 329 dated 6 April 2005]

 

"beach-seine net"

means any net, used for fishing with or without a cod-end or bag, deployed from the shore whether by hand or from a vessel, and then hauled onto the shore or vessel;

 

"bloodworm"

means any species of the genus Arenicola;

 

"bottom trawlnet"

means any net designed to be dragged along the bed of the sea by a fishing vessel;

 

"bycatch"

means any species landed in addition to a target species for which a permit has been issued;

 

"cartilaginous fish"

means a fish of any species of shark, ray, skate or chimaeras of the class Chondrichthyes:

[Definition inserted by Notice No. R. 329 dated 6 April 2005]

 

"cast net"

means any net, which is cast from the shore for the purpose of fishing;

 

"cast netting"

means fishing by the use of a cast net:

[Definition inserted by  Notice No. R. 329 dated 6 April 2005]

 

"catch return book"

means the logbook provided by the Department for the purposes of recording and submitting data of fish caught:

[Definition inserted by  Notice No. R. 329 dated 6 April 2005]

 

"chokka squid"

means the species Loligo vulgaris reynaudii;

 

"clam"

means any species of the genus Mactra, also known as sand mussel;

 

''coastline"

means the line formed by the high-water mark;

 

"commercial fishing vessel"

means a fishing vessel licensed by the Department as a commercial fishing vessel:

[Definition inserted by  Notice No. R. 329 dated 6 April 2005]

 

"coral"

means any species of the order Scleractinia or Alcyonacea;

 

"crab"

means any species of the tribe Anomura or Brachyura, also known as sea crab, but does not include a mud crab or mole crab;

 

"crew"

means any person on board a fishing vessel or other vessel;

 

"cuttlefish"

means any species of the genus Sepia;

 

"day"

means any period of 24 consecutive hours;

 

"disturb"

means any action that has an influence on the natural behaviour of a fish;

 

"diving"

means swimming below the surface of the sea;

 

"dolphin"

means any species of the superfamily Delphinidae;

 

"drag net"

means a net, pulled by a vessel, for the capture of prawns in an estuary;

 

"east coast rock lobster"

means any species of the genus Panulirus;

 

"fish trap"

means any structure used to entrap fish.

 

"great white shark"

means the species Carcharodon carcharias, also known as blue pointer;

 

"hake"

means any species of the genus Merluccius;

 

"hake handline fishing"

means linefishing for hake and other species set out in Annexure 6:

[Definition inserted by Notice No. R. 329 dated 6 April 2005]

 

"high-water mark"

means the high-water mark as defined in section 1 of the Sea-shore Act, 1935;

 

"hoop net"

means a net with a hoop at the end of a pole used by a person for the capture of glassies and squid;

 

"kingklip"

means the species Genypterus capensis;

 

"land"

in relation to fish, means to bring such fish onto the land, whether from a vessel or not;

 

"limpet"

means any species of the family Patellidae;

 

"linefish"

means any fish set out in Annexures 4, 5, 6, 7, 8 and 9;

 

"linefishing"

means commercial fishing from a fishing vessel by manually operating a rod, reel and line or one or more separate lines to which no more than ten hooks are attached per line:

[Definition inserted by Notice No. R. 329 dated 6 April 2005]

 

"longline"

means any line or connected lines or fishing gear to which a total of more than 10 fishing hooks is attached;

 

"marine aquarium fishing"

means recreational fishing for the purposes of obtaining fish for live display:

[Definition inserted by Notice No. R. 329 dated 6 April 2005]

 

"marine biotoxin"

means any poisonous compound accumulated by fish feeding on toxin-producing algae, or on seawater containing toxins produced by such organisms;

 

"midwater trawlnet"

means any net, which can be dragged by a fishing vessel along any depth between the bed and the surface of the sea without continuously touching the bottom;

 

"mole crab"

means any species of the family Hippidae, also known as sea lice;

 

"mouth"

means the midpoint of a river and mouth of the river where it enters the open sea with a straight line drawn along the coast along the low water mark;

 

"mud crab"

means any species of the family Portunidae including Scylla serrate, also known as giant, green swimming or mangrove crab;

 

"Natal eastern deepwater rock lobster"

means the species Palinurus delagoae;

 

"octopus"

means any species of the subfamily Octopodinae;

 

"oyster"

means the species Striostrea margaritacea, Ostrea atherstonei, Pinctada capensis or Saccostrea cucullata;

 

"pansy shell"

means any species of the genus Echinodiscus, also known as sand dollar or gesiggiester;

 

"pelagic fish"

means the species Engraulis capensis (anchovy), Sardinops sagax (pilchard, sardine), Trachurus b achurus capensis (horse mackerel) or Scomber japonicus (mackerel), or any species of the genus Etrumeus (red-eye or round herring), the family Myctophidae (lanternfish) or the family Sternoptychidae, Maurolicus muelleri (lightfish);

 

"periwinkle"

means any species of the genus Littorina, Oxystele or Turbo, other than Turbo sarmabcus;

 

"polychaete worm"

means any marine bristle-worm of the class Polychaeta including mussel, coral-, wonder-, blood-, shingle-, moonlight, pot-, rock- or flat-worm;

 

"prawn"

means any species of the family Penaeidae or the genus Callianassa or Upogebia,

 

"purse-seine" or "purse-net"

means an encircling net of any size which is supported on the surface of the sea by floats along the head-line and weighted by weights along the footrope under the surface of the sea, and of which the bottom portion is drawn together by means of a purseline shackled either at an intermediate point or points or knot, which runs through and is attached to the footrope and includes any net of which the bottom portion is drawn together in a similar manner;

 

"razor clam"

means any species of the genus Solen, also known as penknife-, pencil- or knife-bait;

 

"red bait"

means the species Pyura stolonifera;

 

"rock lobster"

means any species of the family Palinuridae, also known as spiny lobsters or crayfish, or the species Scyllarides elizabethae, also known as mud-, shovelnosed-, slipper- or shoveller crayfish and any part thereof;

 

"rock lobster trap"

means any trap, pot or other implement of whatever constructor, intended or used for the fishing or holding of rock lobster, but does not include a rock lobster ringnet;

 

"rock mussel"

means any species of the genus Aulacomya, Mytilus, Choromytilus or Pema, also known as brown, black or ebbed mussel;

 

"scallop"

means the species Pecten sulcicostatus;

 

"sea cucumber"

means any species of the class Holothuroidea;

 

"sea fan"

means any species of the order Gorgonacea, also known as seetak;

 

"Sea Fisheries"

means the Chief Directorate: Sea Fisheries of the Department;

 

"sea pen"

means any species of the order Pennatulacea;

 

"sea urchin"

means any species of the class Echinoidea, but does not including a pansy shell;

 

"sell"

 includes to hawk, peddle, barter, exchange or otherwise dispose of for a consideration or to offer, advertise, expose or possess for the purpose of selling hawking, peddling, bartering, exchanging or otherwise disposing of for a consideration;

 

"shell"

means the empty shell of a shellfish;

 

"shellfish"

means any species of the order Gastropoda, Bivalvia, Scaphopoda or Polyplacophora;

 

"shove net"

means a net which is pushed by a person for the capture of prawns and shrimp in an estuary;

 

"siffie"

means the species Haliotis spadicea, also known as Venus Ear,

 

"slipway"

includes the main and side slipway and a syncrolift;

 

"south coast rock lobster"

means the species Palinurus gilchristi, also known as southern deepwater rock lobster,

 

"spearfishing"

means recreational fishing using a spearqun;

[Definition inserted by Notice No. R. 329 dated 6 April 2005]

 

"speargun"

means a device by which a spear is projected by mechanical or pneumatic means;

 

"squid"

means any species of the families Loliginidae and Ommastrephidae;

 

"staked or set-net"

means any net used for fishing and which is staked or set by—

 

"Superclass Pisces"

means all vertebrate fish species (fish with a backbone), which includes bony fish and cartilaginous fish:

[Definition inserted by  Notice No. R. 329 dated 6 April 2005)

 

"swordfish"

means the species Xiphias gladius;

 

"the Act"

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

 

"tidal lagoon"

means a tidal lagoon as defined in section 1 of the Sea-Shore Act, 1935;

 

"tidal river"

means a tidal river as defined in section 1 of the Sea-Shore Act, 1935;

 

"traditional linefish"

means linefishing for the fish species set out in Annexure 4:

[Definition inserted by regulation 2 of   Notice No. R. 1455 dated 8 October 2003]

 

"treknet"

means a beach-seine net;

 

"trek netting area"

means any area in which a beach-seine net, set net or stake net may be used;

 

"tuna"

means the species Allothunnus faliai, Euthynnus affinis, Gymnosarda unicolor, Katsuwonus pelamis, Sarda orientalis or Sarda sarda or any species of the genus Thunnus;

 

"tuna pole fishing"

means linefishing for tuna by manually operating a rod, reel and line or one or more separate lines to which no more than ten hooks are attached per line:

[Definition inserted by regulation 2 of  Notice No. R. 1455 dated 8 October 2003]

 

"turtle"

means the families Chelonidae and Dermochelidae;

 

"west coast rock lobster"

means the species Jasus lalandii, also known as Cape rock or spiny lobster or kreef;

 

"whale"

any member of the order Cetacea but does not include a dolphin;

 

"white mussel"

means the species Donax serra.