| (1) |
A holder of a commercial west coast rock lobster permit shall not engage in fishing, collecting or disturbing of, or be in possession of, any west coast rock lobster of which the length of the carapace is less than 75 mm or the length of the second segment along the dorsal midline of such tail is less than 19 mm. |
| (2) |
No person shall, except on the authority of a permit |
| (a) |
engage in fishing, collecting, disturbing, keeping or controlling of, or be in possession of, any west coast rock lobster for commercial purposes; |
| (b) |
receive, keep, control, be in possession of or process any west coast rock lobster at a fish processing establishment. |
| (3) |
Any west coast rock lobster caught or collected for commercial purposes shall be kept in the whole state until it has been delivered to a permit holder as contemplated in subregulation (1)(b). |
| (4) |
A holder of a commercial West Coast rock lobster permit shall not land any west coast rock lobster at any place along the coast, except at the following landing points: |
| (a) |
Port Nolloth — the jetty of Hickson's Canning Company; |
| (b) |
Hondeklip Bay — the jetty of Namaqua Canning Company; |
| (c) |
Doring Bay — the seashore and jetty between the beacons marked B1 indicating the northern boundary, and B2, indicating the southern boundary, and situated near the fish processing establishment of North Bay Canning Company; |
| (d) |
Lambert's Bay — the main landing quay in the fishing harbour; |
| (e) |
Elands Bay — the four landing quays near the old military camp on Bobbejaanpunt; |
| (f) |
St Helena Bay — the rock lobster landing quay situated in the fishing harbour at Sandy Point; |
| (g) |
Paternoster — the seashore between the beacons marked P1 and P2, situated to the east and to the west respectively, of the fish processing establishment of Paternoster Visserye at Paternoster; |
| (h) |
Abdols Bay — the seashore between the beacons marked E1, indicating the northern boundary, and E2, indicating the southern boundary; |
| (i) |
Jacobs Bay — the seashore between the beacons marked F1, indicating the northern boundary, and F2, indicating the southern boundary; |
| (j) |
Saldanha Bay — the rock lobster landing quay in the fishing harbour at Pepper Bay; |
| (k) |
Cape Town — the fish landing quay at Cape Town Harbour or any other place approved by the Director-General; |
| (l) |
Hout Bay — the two fish landing quays in the fishing harbour, |
| (m) |
Witsand — the landing place to the south of Kommetjie situated between the beacons marked H1 and H2 respectively; |
| (n) |
Kalk Bay — the fish landing quay in the fishing harbour; and |
| (o) |
Hermanus — the finger quay between the main quay and the breakwater wall. |
(p) Kleinmond — at the municipal slipway; and
[Regulation 49(4)(p) inserted by regulation 2 of Notice No. R. 765 dated 6 June 2003]
| (q) |
Gansbaai — the fish landing quay situated at the old part of the harbour. |
[Regulation 49(4)(q) inserted by regulation 2 of Notice No. R. 765 dated 6 June 2003]
| (5) |
A holder of a commercial west coast rock lobster permit shall not— |
| (a) |
engage in fishing, collecting, or disturbing any west coast rock lobster within a distance of one nautical mile seaward of the high-water mark in the area between, as northern limit, a line (270 degrees true bearing) drawn from the beacon marked MDT, situated on the most westerly point on the promontory at the northern end of McDougall's Bay, and as southern limit, a similar line drawn from the beacon marked MD2, situated on the most westerly point on the promontory at the southern extremity of McDougall's Bay; |
| (b) |
with the aid of a rock-lobster trap or similar gear, engage in fishing or collecting any west coast rock lobster within 12 nautical miles seaward of the high-water mark in the area between, as northern limit, a line (270 degrees true bearing) drawn from a beacon marked K1, situated at Klein Slangkop Point just north of Kommetjie, and as southern limit, a line (270 degrees true bearing) drawn from the Slangkop Point lighthouse situated south of Kommetjie; |
| (c) |
keep, or allow to be kept, any net or trap that may be used for the fishing of west coast rock lobster on board any fishing vessel in the area west of a line (180 degrees true bearing) drawn from the Cape Agulhas lighthouse in the period during which the fishing of west coast rock lobster is prohibited under the Act; or |
| (d) |
engage in fishing, collecting or disturbing any west coast rock lobster east of a line (180 (degrees) true bearing) drawn from the lighthouse at Cape Hangklip. |
Basic Conditions of Employment Act, 1997
