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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

Chapter 4 : Use of Gear

Part 5 : Linefishing

21. General

 

(1) The Minister may issue permits for three types of linefishing: traditional linefishing, tuna pole fishing and hake handling fishing.

 

(2) The holder of a linefishing permit shall:
(a) adhere to all permit conditions that may be issued with the permit;
(b) maintain a catch return book and submit the catch returns to the Department, as detailed in the permit conditions;

 

(3) The holder of a linefishing permit shall not, while fishing on the authority of a linefishing permit:
(a) attach more than ten hooks to a fishing line;
(b) deploy a net in the water;
(c) fish in an estuary;
(d) engage in fishing on the authority of another fishing permit or right;
(e) tranship fish at sea;
(f) exceed the maximum number of crew on the linefishing vessel as specified on the permit.

 

(4) No person shall sell, deliver or acquire any fish, or any part or product thereof, unless the seller issues an invoice described in subregulation (5) at the time of delivery in respect of such fish, or any part or product thereof, to the person acquiring it.

 

(5) The invoice referred to in subregulation (4) shall be kept for a period of not less than 24 months by the person to whom it has been issued and shall contain at least the following details:
(a) the names and physical addresses of the parties to the transaction;
(b) the date of delivery;
(c) the quantity or mass of each species or any part or product thereof sold.

 

(6) The holder of a linefishing permit shall only utilise a commercial fishing vessel to engage in linefishing.

 

(7) No recreational fishing shall be conducted on commercial fishing vessels.

 

(8) The size of fish shall be measured in a straight line from the tip of the snout to the extreme end of the tail.

 

(9) All fish landed, except cartilaginous fish, shall be in the whole state and have head and tail intact, except that they may be gutted.

 

(10) The holder of a linefishing permit shall not on any one day engage in fishing for, or be in possession of, more than the species-specific bag limit multiplied by the number of crew onboard the fishing vessel.

 

Commercial Traditional linefishing

 

(11) The holder of a traditional linefishing permit may engage in fishing for, and sell, any species of the superclass Pisces, except fish listed on the Prohibited Species list of Annexure 4.

 

(12) The holder of a traditional linefishing permit shall not engage in fishing for, be in possession of, or sell:
(a) any fish smaller than, or of a mass less than, the size and mass limits stipulated in respect of each species and area in the Permitted Species List of Annexure 4;
(b) any fish during the closed-season listed in respect of each species and area in the Permitted Species List of Annexure 4.

 

(13) The holder of a traditional linefishing permit shall not engage in fishing for, be in possession of, or sell invertebrate fish other than those species listed in Annexure 13 and squid, subject to the daily bag and size limits listed in that Annexure.

 

Commercial Tuna pole fishing

 

(14) The holder of a tuna pole fishing permit shall only engage in fishing for, or be in possession of, fish listed in Annexure 5, subject to the restrictions set out in subregulation 15.

 

(15) The holder of a tuna pole fishing permit shall not engage in fishing for, or be in possession of, or sell:
(a) fish smaller than, or of a mass less than, the size and mass limits listed in respect of each species in Annexure 5;
(b) fish during the closed-season in respect of each species as listed in Annexure 5.

 

(16) The holder of a tuna pole fishing permit may sell fish listed in Annexure 5, except for anchovy, chub mackerel, garfish, horse mackerel, mullet, saury, squid or pilchard. These species may be caught for own use only.

 

Commercial Hake handline fishing

 

(17) The holder of a hake handline fishing permit may only engage in fishing for, and be in possession of, fish listed in Annexure 6, subject to the restriction set out in subregulation 18.

 

(18) The holder of a hake handline fishing permit shall not engage in fishing for, or be in possession of, or sell:
(a) any fish smaller than, or of a mass less than, the size-limits listed in respect of each species in Annexure 6;
(b) any fish during the closed-season listed in respect of each species in Annexure 6. (19) The holder of hake handline fishing permit shall not sell any anchovy, chub mackerel, garfish, horse mackerel, mullet, saury, squid or pilchard. These species may be caught for own use only.