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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 5 : Species Restrictions

Part 9 : West Coast Rock Lobster

51. Recreational and subsistence

 

(1) A holder of a recreational or subsistence fishing permit shall not engage in fishing, collecting, disturbing or be in possession of any west coast rock lobster with a carapace length less than 80 mm.

 

(2) A person over the age of 12 years may obtain from any authorized office, a recreational fishing permit, subject to the payment of the fees determined by the Minister under section 25 of the Act, to engage in fishing, collecting, keeping, controlling, landing or transporting of, or to be in possession of not more than four west coast rock lobster per day from 16 December 2023 to 17 December 2023, on 23 December 2023 to 24 December 2023, from 26 December 2023 to 1 January 2024 and on 1 April 2024. Fishing is allowed every day all dates inclusive as listed above. No fishing is permitted on any day of the week not listed in this subregulation.

[Regulation 51(2) substituted by section 2 of Notice No. R. 4203, GG49889, dated 14 December 2023]

 

(3) The holder of a subsistence fishing permit may engage in fishing, collecting, keeping, controlling, landing or transporting of, or selling of, or be in possession of not more than four west coast rock lobster per day, subject to the payment of a fee determined by the Minister under section 25 of the Act.

 

(4) No person shall—
(a) purchase or be the holder of more than one permit contemplated in subregulations (2) and (3);
(b) engage in fishing or collecting any west coast rock lobster between the hours of l6h00 and 8h00;

[Regulation 51(4)(b) substituted by section 2 of Notice No. R. 15 dated 4 January 2008]

(c) keep, control or be in possession in or on any vehicle, fishing vessel, vessel, aircraft or other means of conveyance of more than four west coast rock lobster, unless—
(i) all the persons by whom the west coast rock lobster were caught are in or on the vehicle, fishing vessel, vessel, aircraft or other means of conveyance; and
(ii) such vehicle, fishing vessel, vessel, aircraft or other means of conveyance is not used to transport more than 20 west coast rock lobster per day; or
(d) keep, control or be in possession of more than 20 west coast rock lobster at any one time.

 

(5) Any west coast rock lobster caught, collected or transported shall be kept in the whole state.

 

(6) A holder of a recreational or subsistence west coast rock lobster permit shall only engage in fishing or collecting west coast rock lobster by—
(a) using a ring net or scoop net with a mesh size more than 90 mm stretched (measured from inside of knot or joint to inside of knot or joint) or 45 mm bar and a cod-end longer than 1200 mm measured from the point where this attached to the ring, from a fishing vessel not authorised to engage in fishing or collection of west coast rock lobster for commercial purposes;
(b) using a ring net or scoop net with a mesh size more than 90 mm stretched (measured from inside of knot or joint to inside of knot or joint) or 45 mm bar and a cod-end longer than 1200 mm measured from the point where it is attached to the ring from the sea-shore; or
(c) diving from the sea-shore without the use of any artificial breathing apparatus other than a snorkel.

 

(7)        [Regulation 51(7) deleted by section 2 of the Notice No. 1341, GG 41291, dated 1 December 2017]

 

 


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