National Environmental Management: Protected Areas Act: Regulations: Management of Cape Canyon Protected Area (No. R. 784 of 2019)

This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 111 DEPARTMENT OF ENVIRONMENTAL AFFAIRS NO. R. 784 23 MAY 2019 R. 784 National Environmental Management: Protected Areas Act (57/2003): Regulations for the Management of the Cape Canyon Marine Protected Area 42479 NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003 (ACT NO. 57 OF 2003) REGULATIONS FOR THE MANAGEMENT OF THE CAPE CANYON MARINE PROTECTED AREA I, Nomvula Paula Mokonyane, Minister of Environmental Affairs, hereby make the Regulations for the Management of the Cape Canyon Marine Protected Area in terms of sections 48A(2) and 86(1)(a), (b), (c) and (d) of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003), as set out in the Schedule hereto. NOMVULA PAULA MOKONYANE MINISTER OF ENVIRONMENTAL AFFAIRS This gazette is also available free online at www.gpwonline.co.za 112 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 SCHEDULE 1. Definitions In these regulations, unless the context indicates otherwise, a word or expression that is defined in the Act bears the same meaning in these regulations, and in addition— “Act” means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003); “certificate of competence” means a certificate of competence as defined in the National Small Vessel Safety Regulations, 2007; “certificate of fitness” means a certificate of fitness as defined in the National Small Vessel Safety Regulations, 2007; “environment” has the meaning assigned to it in section 1 of the National Environmental Management Act; “fish” means any aquatic plant or animal whether piscine or not, and any mollusc, crustacean, coral, sponge, holothurian or other echinoderm, reptile and includes their eggs, larvae and all juvenile stages, but does not include sea birds, seals or any marine mammal; “fishing” or to “fish” means— (a) searching for, catching, taking or harvesting fish or an attempt to undertake any such activity; (b) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish; (c) placing, searching for or recovering any fish aggregating device or associated gear, including radio or tracking beacons; (d) any operation in support or in preparation of any activity described in this definition; or (e) the use of an aircraft in relation to any activity described in this definition; “hovercraft” means a craft that floats on a cushion of air and is capable of traversing water; “Integrated Coastal Management Act” means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008); This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 113 “Marine Living Resources Act” means the Marine Living Resources Act, 1998 (Act No. 18 of 1998); “Marine Protected Area” means the Cape Canyon Offshore Marine Protected Area as declared by the Minister in terms of section 22A of the Act; "National Small Vessel Safety Regulations” means the Merchant Shipping (National Small Vessel Safety) Regulations, 2007, published in terms of section 356 of the Merchant Shipping Act, 1951 (Act No. 57 of 1951) and promulgated in Government Notice No. R. 705 of 8 August 2007; “operate” in respect of a vessel, includes mooring in the water, drifting in the water and ascending or descending from its mooring, the shore, launch site, a buoy or a jetty; “personal watercraft” means a vessel that uses an inboard motor powering a water jet pump as its primary source of propulsion, and is designed to be operated by a person or persons sitting, standing, or kneeling on rather than within the confines of a hull; “Restricted Zone” means an area within a marine protected area where no fishing may take place, but where any other activity in terms of section 48A(1) of the Act may take place if authorised in terms of these regulations as contemplated in terms of section 48A(2) of the Act; “vessel” means a waterborne craft of any kind whether a surface craft or submarine, and whether self-propelled or not, and includes any moored floating structure that can be used as a means of transport by water and includes a personal watercraft and hovercraft; and “WGS 84” means the World Geodetic System of 1984 (G730), which is a geographic co-ordinate system. 2. Zonation within the Marine Protected Area The entire Cape Canyon Marine Protected Area is zoned as a single Restricted Zone which is determined by using WGS 84 as detailed in Annexure 1. 3. Scientific research permit (1) No person may undertake any scientific research within the Marine Protected Area, except on the authority of a scientific research permit issued by the Minister. This gazette is also available free online at www.gpwonline.co.za 114 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 (2) Application for a scientific research permit in terms of sub regulation (1); must be made to the Minister in accordance with the provisions of section 83 of the Marine Living Resources Act or any regulations published under the Integrated Coastal Management Act. 4. General restrictions within the Marine Protected Area (1) The owner, skipper or operator of a vessel shall not enter or operate a vessel in the Marine Protected Area without a valid certificate of competence and a certificate of fitness issued in respect of such vessel, and such original certificates must be available for inspection at all times. (2) A vessel shall not enter the Marine Protected Area unless the marking approved for that vessel in accordance with the provisions of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), is displayed on the vessel at all times while the vessel is inside the Marine Protected Area. (3) The owner, skipper or operator of a vessel shall not enter or operate a vessel in the Marine Protected Area unless such vessel and any other equipment or contents of such vessel, comply with the safety and other requirements specified in the Merchant Shipping Act, 1951 (Act No. 57 of 1951) for such vessel. (4) No person may litter or leave any waste including fishing gear, hooks, bait packaging and fishing line within the Marine Protected Area. 5. Use of vessels (1) No person may moor or anchor any vessel in the Marine Protected Area except— (a) under conditions of force majeure; (b) for the use of a vessel by an employee of the Department or any other organ of state acting in the course and scope of their employment or mandate; or This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 115 (c) for any vessel which has a permit in terms of these regulations for any activity which requires anchoring or mooring. (2) Despite sub-regulation (1), the Minister may on application and on such conditions as he or she may deem appropriate, authorise the anchoring or mooring of a vessel in the following circumstances (a) in an emergency; or (b) where the Minister may deem it to be necessary in order to ensure the proper management of the Marine Protected Area. (3) The Minister may verbally authorise a vessel to moor or anchor within the Marine Protected Area as contemplated in sub regulation (2), which verbal authorisation must be confirmed in writing within 3 working days. (4) Any motorized vessel that enters or traverses the Marine Protected Area may not stop for more than 3 minutes or move at less than 5 knots at any time while in the Marine Protected Area, unless authorised in terms of these regulations. (5) A motorized vessel entering or traversing the Marine Protected Area with fishing gear on board must have a Global Positioning System (GPS) Mapping Device with an active trail operational on the vessel, prior to entering and while traversing the Marine Protected Area and such GPS data may not be deleted from this device for 7 calendar days after passing through. (6) A vessel required by law to have a Vessel Monitoring System; must, when entering or traversing the Marine Protected Area with fishing gear onboard, ensure that the Vessel Monitoring System is active. 6. Restriction of activities No person may undertake any activity listed in section 48A(1) of the Act, in the Marine Protected Area, unless authorised in terms of these regulations. 7. Control of activities in Marine Protected Area (1) No person shall fish, or attempt to fish, in the Marine Protected Area. This gazette is also available free online at www.gpwonline.co.za 116 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 (2) No fishing gear including lines, hooks, lures, nets, trawl doors, warps, spearguns, buoys, traps or any other gear or equipment used for fishing, may be deployed overboard from any vessel within the Marine Protected Area. (3) Fishing gear onboard a vessel or in possession of any person that enters or is present in the Marine Protected Area must be stowed in the following manner: (a) In the case of line fishing from a vessel, all hooks, lures, sinkers and weights are disconnected from the line, all the line is reeled onto the reel or rolled up, and that rolled up line, hooks, lures, bait and weights on the vessel are packed away in a cabin, locker, hatch, wheel house or console of the vessel, or where that is not possible, place such gear on the deck of the vessel; (b) in the case of purse-seine fishing, no gear may be in the water; (c) in the case of trawl fishing, all nets, trawl boards and weights shall be stowed below deck or securely lashed to some part of the superstructure of the fishing vessel; (d) in the case of rock lobster fishing, all traps, nets and ropes shall be on board and tied down; and all dinghies shall be on board and lashed to the fishing vessel; (e) in the case of fishing with traps, other than rock lobster traps, all traps shall be on board and tied down; (f) in the case of any other nets including gillnets, cast nets and throw nets, nets shall be on board and packed away in a console, locker or any other container. (g) in the case of pole fishing, all poles will be secured above deck; (h) in the case of longline fishing, no branchline may be attached to the mainline and the entire mainline shall remain on the spool; and (i) in respect of all types of fishing where bait is used, such bait must remain packed away or be placed into a bait well, where available. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 117 8. Suspension, amendment and cancellation of permits (1) Subject to sub-regulations (2) and (3), a permit issued under these regulations may be suspended, cancelled or amended at any time. (2) A permit issued in terms of these regulations may be suspended, cancelled or amended, if— (a) the Minister is satisfied on the basis of information that was not considered when the permit was issued, that it is necessary or desirable to suspend, cancel or amend the permit to prevent deterioration or further deterioration of the environment within the Marine Protected Area; (b) other similar permits held by other persons have also been reviewed and the suspension, cancellation or amendment does not unfairly discriminate against the holder in relation to other holders of similar permits; (c) the permit holder is in breach of a condition contained in the permit; (d) the permit holder provided incorrect or false information in the application for the permit; (e) the holder of a permit has been convicted of an offence in terms of the Act, the National Environmental Management Act or a specific environmental management act or any regulations issued thereunder; or (f) the reason for the issuing of the permit no longer exists. (3) A permit issued in terms of these regulations may be amended— (a) if an error needs to be corrected or rectified; (b) at the request of the applicant; (c) for the proper management and implementation of these regulations; or (d) where the conditions or circumstances have changed since the original permit was issued. This gazette is also available free online at www.gpwonline.co.za 118 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 9. Offences and penalties In addition to any offence in terms of section 89 of the Act, any person who contravenes or fails to comply with— (a) regulations 3(1), 4, 5(1), 5(4) to 5(6), 6 or 7; (b) a condition mentioned in a permit issued in terms of these regulations; or (c) a prohibition, instruction, rule or order imposed, given or issued under these regulations, is guilty of an offence and liable in the case of a first conviction to a fine not exceeding R5 million or to imprisonment for a period not exceeding five years and in the case of a second or subsequent conviction to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years or in both instances to both a fine and such imprisonment. 10. Short title and commencement These regulations are called the Cape Canyon Marine Protected Area Regulations and shall commence on 1 August 2019. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 119 Annexure 1 (Zonation of Cape Canyon Marine Protected Area) The Cape Canyon Marine Protected Area is zoned as a single Restricted Zone, bounded by a series of straight lines sequentially joining the following coordinates: A, B, C, and D; and a line joining the first and last co-ordinate. C a p e C a n yo n M a ri n e P ro te ct e d A re a Z o n a tio n R e st ri ct e d 1 7 ° 2 4 '0 " E 1 7 ° 3 3 '0 " E 1 7 ° 4 2 '0 " E S T O M P N E U S B A P A T E R N O S T E R N 1 0 K ijo m e te rs S A L A N H 4 1 7 ° 5 1 '0 " E 1 8 ° 0 '0 " E This gazette is also available free online at www.gpwonline.co.za 120 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 Fig 1. The Cape Canyon Marine Protected Area This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 121 Table 1. The exact geographic coordinates (WGS 84) of points in Fig 1. POINT X Y Cape Canyon A 17.416687 -32.708 Cape Canyon B 17.633558 -32.70774 Cape Canyon C 17.633949 -32.96669 Cape Canyon D 17.416687 -32.966679