National Environmental Management: Protected Areas Act: Regulations: Management of Uthukela Protected Area (No. R. 790 of 2019)

This gazette is also available free online at www.gpwonline.co.za 206 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 DEPARTMENT OF ENVIRONMENTAL AFFAIRS NO. R. 790 23 MAY 2019 R. 790 National Environmental Management: Protected Areas Act (57/2003): Regulations for the Management of the Uthukela Marine Protected Area 42479 NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003 (ACT NO. 57 OF 2003) REGULATIONS FOR THE MANAGEMENT OF THE UTHUKELA MARINE PROTECTED AREA I, Nomvula Paula Mokonyane, Minister of Environmental Affairs, hereby publish the Regulations for the Management of the UThukela 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 STAATSKOERANT, 23 MEI 2019 No. 42479 207 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); “AIRZ” means Amatikulu Inshore Restricted Zone; “alpha flag” means the ‘diver down flag’ used to indicate that diving operations are in progress and other vessels must keep clear; “attract” means to feed, chum or bait, or to use any other means, method or device to lure a live specimen of a shark species (Elasmobranchii); “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; “chum or chumming” means scenting or using pieces of an animal weighing less than 10 grams, in the water to lure a live specimen of any shark species (Elasmobranchii); “commercial fishing” shall have the meaning assigned to it in section 1 of the Marine Living Resources Act; “commercial linefish right” means a right issued in terms of the Marine Living Resources Act, that is valid at the time of commencement of these regulations, for commercial fishing in the linefish sector; “Controlled Zone” means an area within a marine protected area where fishing or 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; “Controlled-Pelagic Linefish Zone” means a Controlled Zone within a marine protected area where only pelagic linefishing and spearfishing may occur as This gazette is also available free online at www.gpwonline.co.za 208 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 detailed in a fish list attached to these regulations as Annexure 2 and includes the TOCPLZ; "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; “fishing permit” means a valid commercial, small scale or recreational fishing permit issued in terms of the Marine Living Resources Act, which authorises fishing in the area where the Marine Protected Area is located; “high-water mark” has the meaning assigned to it in section 1 of the Integrated Coastal Management Act; “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); “linefishing” means fishing by handline or manually operating a rod, reel and line or one or more separate lines to which no more than ten hooks are attached per line; “marine aquarium fishing” means fishing for the purposes of obtaining fish for live display;s “Marine Living Resources Act” means the Marine Living Resources Act, 1998 (Act No. 18 of 1998); This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 209 “Marine Protected Area” means the uThukela Marine Protected Area as declared by the Minister in terms of section 22A of the Act; “MICZ” means the Mtunzini Inshore Controlled Zone; “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; “recreational fishing” has the meaning assigned to it in the Marine Living Resources Act; “Restricted Zone” means an area within the 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; “SCUBA Diving” means swimming below the surface of the water, with the aid of compressed or pumped air or other gasses; “SCUBA diving vessel” means any vessel that carries SCUBA divers and has no fishing gear on board; “SIRZ” means uSetheni Inshore Restricted Zone; “small-scale fishing or fisher’’ has the meaning ascribed to it in section 1 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998); “spearfishing” means fishing with the use of a speargun; “speargun” means a device by which a spear is projected by mechanical or pneumatic means; “specific environmental management Act” has the meaning assigned to it in the National Environmental Management Act; This gazette is also available free online at www.gpwonline.co.za 210 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 “Threatened or Protected Marine Species Lists” means the lists published in Government Gazette 40875 GN 476 of 30 May 2017, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004); “TICZ” means uThukela Inshore Controlled Zone; “TOCZN” means uThukela Offshore Controlled Zone North; “TOCZS” means uThukela Offshore Controlled Zone South; “TOCCZ” means uThukela Offshore Controlled Commercial Zone; “TOCPLZ” means uThukela Offshore Controlled-Pelagic Linefish Zone; “TORZ” means uThukela Offshore Restricted Zone; “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 hovercraft and personal watercraft; 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 Marine Protected Area consists of an inshore and offshore area. The inshore area consists of two (2) Inshore Restricted Zones and two (2) Inshore Controlled Zones. The offshore area consists of three (3) Offshore Controlled Zones, one (1) Offshore Controlled-Pelagic Linefish Zone and one Offshore Restricted Zone, which are determined by using WGS 84 as detailed in Annexure 1 hereto as follows: (a) two (2) inshore Restricted Zones, indicated as the Amatikulu Inshore Restricted Zone (AIRZ) and the uSetheni Inshore Restricted Zone (SIRZ). (b) two (2) inshore Controlled Zones indicated as the uThukela Inshore Controlled Zone (TICZ) and the Mtunzini Inshore Controlled Zone (MICZ); (c) three (3) offshore Controlled Zones, indicated as the Thukela Offshore Controlled Zone North (TOCZN), the uThukela Offshore This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 211 Controlled Zone South (TOCZS) and the uThukela Offshore Controlled Commercial Zone (TOCCZ); (d) one (1) offshore Controlled-Pelagic Linefish Zone, indicated as the uThukela Offshore Controlled-Pelagic Linefish Zone (TOCPLZ); and (e) one (1) offshore Restricted Zone, indicated as uThukela Offshore Restricted Zone (TORZ). 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. (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. This gazette is also available free online at www.gpwonline.co.za 212 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 (5) No person may place any shark protection, exclusion or repelling device, equipment or infrastructure, including nets, within the Marine Protected Area without a permit from the Minister, which permit may be issued subject to conditions. (6) No person or vessel may be in possession of or have on board, SCUBA diving gear and a speargun. (7) Subject to regulation 3, no person may undertake marine aquarium fishing, including fishing for or collecting invertebrates, or live rock within the Marine Protected Area. 5. Use of vessels (1) No person may moor or anchor any vessel in a Restricted or Controlled-Pelagic Linefish zone, 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; (c) for any vessel which has a permit in terms of these regulations for any activity which requires anchoring or mooring; or (d) for any vessel which is anchored within a designated port anchorage area for a national port, declared in terms of the National Ports Act, 2005 (Act No. 12 of 2005). (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 a Restricted or Controlled-Pelagic Linefish Zone, as contemplated in sub-regulation (2), which verbal authorisation must be confirmed in writing within 3 working days. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 213 (4) Any motorised vessel that enters or traverses a Restricted Zone within the Marine Protected Area may not stop for more than three minutes or move at less than— (a) 5 knots if such vessel is 10 meters or more in length; or (b) 3 knots if such vessel is less than 10 meters in length, unless authorised in terms of these regulations. (5) Sub-regulation (4) does not apply to a SCUBA diving vessel. (6) A motorised vessel, prior to entering or while traversing a Restricted Zone within 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, and such GPS data may not be deleted from this device for 7 calendar days after passing through a Restricted Zone. (7) A motorized vessel required by law to have a Vessel Monitoring System must, when entering or traversing the Marine Protected Area with fishing gear on board, 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 Restricted Zone (1) No person shall fish, or attempt to fish, in a Restricted Zone of the Marine Protected Area, including collecting or harvesting of invertebrates or intertidal organisms. (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 a Restricted Zone of the Marine Protected Area. (3) Fishing gear onboard a vessel or in possession of any person that enters or is present in the Restricted Zone of the Marine Protected Area must be stowed in the following manner: This gazette is also available free online at www.gpwonline.co.za 214 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 (a) In the case of line fishing— (i) 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; (ii) from the shore, all hooks, lures, 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, weights and any spear gun or spearfishing equipment are placed away in a bag or container; (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 215 8. Control of activities in Controlled and Controlled-Pelagic Linefish Zones (1) No person shall fish, or attempt to fish in a Controlled-Pelagic Linefish or Controlled zone, unless they are in possession of a fishing permit, which authorises such person to fish for the species specified in sub-regulation (2). (2) Notwithstanding anything to the contrary, a person in possession of a fishing permit contemplated in sub-regulation (1)— (a) may only undertake linefishing and spearfishing for the species specified in Annexure 2 to these regulations, when fishing in a Controlled-Pelagic Linefish Zone; and (b) may only undertake linefishing, spearfishing and collect invertebrate species in the uThukela Inshore Controlled Zone (TICZ), Mtunzini Inshore Controlled Zone (MICZ); (c) may only undertake linefishing and spearfishing in the uThukela Offshore Controlled Zone North (TOCZN) and uThukela Offshore Controlled Zone South (TOCZS), subject to the species restrictions, quantity, fish size limits, allowable effort, closed seasons or bag limits authorised by such fishing permit. (3) Subject to sub-regulations (4) and (5), no person may fish for any shark species (Elasmobranchii) within the Marine Protected Area. (4) Catch and release fishing of any shark species (Elasmobranchii), may only take place from the shore within any Controlled Zone. (5) No person may participate in or arrange any fishing competition within the Marine Protected Area without a permit from the Minister, which permit may be issued subject to conditions. (6) No person may undertake fishing from a vessel in the Marine Protected Area in the period between sunset in the evening and sunrise of the following day. (7) Fishing gear onboard a vessel or in possession of any person that enters or is present in a Controlled-Pelagic Linefish Zone or Controlled Zone and who is not authorised to fish in terms of sub regulation (1), must be stowed in accordance with regulations 7(2) and 7(3). This gazette is also available free online at www.gpwonline.co.za 216 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 (8) No person may collect broodstock in a Controlled or Controlled Pelagic Linefish Zone for undertaking aquaculture, without a permit from the Minister. (9) When considering a permit in terms of sub-regulation (8) the Minister must take into account the following factors: (a) whether the species is listed as a threatened or protected species in terms of the Threatened or Protected Marine Species Lists and any prohibitions or restrictions therein; (b) whether the species has been listed on an International Union for the Conservation of Nature Red list, including an international, regional, or national Red List; (c) the objectives of this Marine Protected Area; (d) whether the species can be collected outside the Marine Protected Area; and (e) any other relevant criteria. (10) No person may, in a Controlled-Pelagic Linefish Zone, be in possession of or have on board a vessel, any fish, except for the species listed in Annexure 2 to these regulations. (11) No person may, in any Controlled or Controlled-Pelagic Linefish Zone, chum for or in any other manner attract any shark species (Elasmobranchii) for the purpose of snorkeling or SCUBA diving with such species, without a permit. (12) Application for a permit referred to in sub-regulation (11) must be made to the Minister and may be issued subject to conditions. (13) No fish may be landed in a Restricted Zone of the Marine Protected Area. 9. Control of activities in the uThukela Offshore Controlled Commercial Zone (TOCCZ) (1) No person may fish, or attempt to fish in the TOCCZ, unless they are in possession of a commercial linefish right, and a valid permit for commercial fishing for linefish, issued in terms of the Marine Living Resources Act. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 217 (2) No person contemplated in sub-regulation (1), may undertake fishing in the period between sunset in the evening and sunrise of the following day in the TOCCZ, except on the authority of a permit issued by the Minister, which permit may be issued subject to conditions. (3) No person contemplated in sub-regulation (1) may fish within the TOCCZ after the expiry of their commercial linefish right. (4) Any person in possession of an additional or new commercial linefish right, which is allocated or renewed after the expiry of any commercial linefish right allocated in the 2020 commercial linefish rights allocation process, is prohibited from fishing within the TOCCZ. 10. SCUBA diving (1) No person may operate or attempt to operate a SCUBA diving business in the Marine Protected Area without a permit. (2) Application for a permit referred to in sub-regulation (1) must be made to the Minister and may be issued subject to conditions. (3) Any vessel that has deployed divers in the Marine Protected Area must display an alpha flag. 11. Discharge into Marine Protected Area (1) Any existing discharge of effluent occurring at the date of commencement of these regulations, as contemplated in section 69 of the Integrated Coastal Management Act, is hereby authorised to continue within the Marine Protected Area, provided such discharge is authorised in terms of section 69 of the Integrated Coastal Management Act. (2) No new discharges of effluent occurring after the date of commencement of these regulations, as contemplated in terms of section 69 of the Integrated Coastal Management Act may be authorised and are prohibited in accordance with section 48A of the Act. (3) The volume, quantity or constituents of an existing discharge as contemplated in sub-regulation (1), may not increase by more than This gazette is also available free online at www.gpwonline.co.za 218 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 5%, from what is authorised in terms of section 69 of the Integrated Coastal Management Act, at the time of commencement of these regulations. 12. 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 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 219 (d) where the conditions or circumstances have changed since the original permit was issued. 13. 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(7), 7, 8(1) to 8(8), 8(10), 8(11), 8(13), 9, 10(1), 10(3) or 11; (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. 14. Short title and commencement These regulations are called the uThukela Marine Protected Area Regulations and commences on 1 August 2019. This gazette is also available free online at www.gpwonline.co.za 220 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 Annexure 1 INSHORE: Mtunzini Inshore Controlled Zone (MICZ) comprises the northern inshore portion of the uThukela Marine Protected Area and is defined as the area between points A, which lies at the northern boundary of the uThukela Marine Protected Area, about 4km north of the uMlalazi estuary at Port Durnford, then southwest along the high-water mark to point a, which lies near the southern end of the aMatigulu/iNyoni estuary and includes the beach area from Mtunzini and Umlalazi to Amatikulu, and extending 200m seawards of the high-water mark. Amatikulu Inshore Restricted Zone (AIRZ) comprises an inshore portion of the uThukela Marine Protected Area and is defined as the area adjacent to the Amatikulu Nature Reserve between points a, which lies near the southern end of the aMatigulu/iNyoni estuary, then southwest along the high-water mark to point b, which lies just south of the southern boundary of the Amatikulu Nature Reserve and extending 200m seawards of the high-water mark. uThukela Inshore Controlled Zone (TICZ) comprises an inshore portion of the uThukela Marine Protected Area, between point b, which lies just south of the Amatikulu Nature Reserve, then along the high-water mark to point c, which lies approximately 3km to the north of the uSetheni Estuary and includes the Thukela Estuary up to point d and includes Zinkwazi and Blythedale beach areas and extending 200m seawards of the high-water mark. uSetheni Inshore Restricted Zone (SIRZ) comprises an inshore portion of the uThukela Marine Protected Area and is defined as the area between point c, which lies approximately 3km to the north of the uSetheni Estuary, then along the high-water mark to point F, approximately 2km north of the Tinley Manor Rocks which lies at the southern boundary of the uThukela Marine Protected Area, and extending 200m seawards of the high-water mark. u T h u ke la M a ri n e P ro te ct e d A re a In sh o re Z o n a tio n A M IC Z A IR Z T IC Z S IR Z C O M at ig ul un o ni M la la zi R IC H A R D Ja th uz e ic ha rd s B ay Z o n a tio n = C o n tr o lle d = C o n tr o lle d P e la g ic L in e fis h w ith L is t R e st ri ct e d 0 20 I I K ilo m e te rs C O vo :o iii ii . it io iii 9 iii it Z IN kW A Z I ` N on M ha 3 1 ° 2 1 '0 " E 3 1 °3 I 0 '0 "E 3 1 °3 I 9 '0 "E F L O - (/ ) C r csi N co N 3 1 °4 8 '0 "E 3 1 °5 7 '0 "E 3 2 °6 7 E 3 2 °1 5 '0 "E This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 221 Figure 1: uThukela MPA inshore zonation This gazette is also available free online at www.gpwonline.co.za 222 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 OFFSHORE: uThukela Offshore Restricted Zone (TORZ) comprises the central offshore portion of the uThukela Marine Protected Area and is defined as the area within straight lines sequentially joining the following points K, L, M, N, O, P, Q, R, S, T, U, and a line joining the first co-ordinate to the last along the line 200m from the high water mark. This includes the reefs known as Kob and Carpenter Reef. uThukela Offshore Controlled Zone North (TOCZN) comprises the northern offshore portion of the uThukela Marine Protected Area and is defined as the area within straight lines sequentially joining the following points Y, B, C,, H, G, J, I, P, O, N, M, L, K and a line joining the first co-ordinate to the last along the line 200m from the high water mark. uThukela Offshore Controlled Zone South (TOCZS) comprises the southwestern offshore portion of the uThukela Marine Protected Area and is defined as the area within straight lines sequentially joining the following points U, T, S, V, E, W and a line joining the first co-ordinate to the last along the line 200m from the high water mark. uThukela Offshore Controlled Commercial Zone (TOCCZ) comprises the southeastern offshore portion of the uThukela Marine Protected Area and is defined as the area within straight lines sequentially joining the following points R, Q, D, V and a straight line joining the first co-ordinate to the last. uThukela Offshore Controlled-Pelagic Linefish Zone (TOCPLZ) comprises an offshore portion of the uThukela Marine Protected Area and is defined as the area within straight lines sequentially joining the following points G, H, I, J and a straight line joining the first co-ordinate to the last. u T h u ke la M a ri n e P ro te ct e d A re a Z on at io n C o n tr o lle d C o n tr o lle d P e la g ic L in e fis h w ith L is t R e st ri ct e d a M a tig u lu h N yo n i u M la la zi A lb u M h la th u ze G H T O C P L Z iZ in kw a zi Z in kw a zi B e a ch iN o n o ti u M d lo ta n e B ly th e d a le B e a ch u m v o ti u S e th e n i C u M h ia ll F S a lt R o ck B a lli to u T h o n g a ti u M lo ti T O C Z S T O C C Z 3 1 '3 6 '0 "E 3 2 °d D "E o K ilo m e te rs ;4 ' 2 0 c ) C A This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 223 Figure 2: uThukela MPA offshore zonation This gazette is also available free online at www.gpwonline.co.za 224 No. 42479 GOVERNMENT GAZETTE, 23 MAY 2019 Table 1: uThukela MPA table of co-ordinates. POINT LABEL X Y uThukela MPA A 31.868507 -28.932813 uThukela MPA B 32.25 -28.932813 uThukela MPA C 32.25 -28.946117 uThukela MPA D 31.8178 -29.616667 uThukela MPA E 31.3003 -29.616667 uThukela MPA F 31.3003 -29.43282 uThukela MPA G 32.011667 -29.136667 uThukela MPA H 32.127167 -29.136667 uThukela MPA I 32.0906 -29.193333 uThukela MPA J 32.011667 -29.193333 uThukela MPA K 31.515435 -29.216668 uThukela MPA L 31.8 -29.216668 uThukela MPA M 31.8 -29.333333 uThukela MPA N 31.925 -29.333333 uThukela MPA O 31.925 -29.291667 uThukela MPA P 32.0273 -29.291667 uThukela MPA Q 31.9144 -29.466667 uThukela MPA R 31.6 -29.466667 uThukela MPA S 31.6 -29.366667 uThukela MPA T 31.4833 -29.366667 uThukela MPA U 31.4833 -29.249182 uThukela MPA V 31.6 -29.616667 uThukela MPA W 31.3003 -29.435212 uThukela MPA Y 31.873157 -28.932813 uThukela MPA a 31.616712 -29.116158 uThukela MPA b 31.540599 -29.193789 uThukela MPA c 31.320539 -29.407562 uThukela MPA d 31.424198 -29.199736 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 23 MEI 2019 No. 42479 225 Annexure 2 Pelagic fish species list for the uThukela Marine Protected Area Controlled Pelagic Lineifsh Zone Family names are given as all species in these families may be caught or used as bait species. Atherinidae – silversides Belonidae – garfish Carangidae – kingfish, garrick, yellowtail, queenfish, etc. Chirocentridae – wolf herring/slimy Clupeidae – red-eyes, sardines, etc. Coryphaenidae – Dorado Engraulidae – anchovies, glass-noses/bonies, etc. Exocoetidae – flying fishes Hemiramphidae – halfbeaks Istiophoridae – Sailfish and marlin Pomatomidae – Shad/elf Rachycentridae – Prodigal son/Cobia Scomberesocidae - sauries Scombridae – Tunas, mackerels, wahoo, etc. Sphyraenidae – Barracudas