Notice Declaring the Bird Island Group Marine Protected Area under section 43 of the Marine Living Resources Act (No. 696 of 2004)

Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 468 Pretoria 4 June 2004 No. 26432 AIDS HELPLINE: 0800-0123-22 Prevention is the cure No. 696 STAATSKOERANT, 4 JUNIE 2004 No.26432 3 GOVERNMENT NOTICE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM 4 June 2004 MARINE LIVING RESOURCES ACT, 1998 (ACT NO. 18 OF 1998) NOTICE DECIARING THE BIRD ISLAND GROUP MARINE PROTECTED AREA UNDER SECTION 43 OF THE MARINE LIVING RESOURCES ACT, 18 OF 1998 I, Marthinus van Schalkwyk, the Minister of Environmental Affairs and Tourism, hereby declare the Bird Island Group Marine Protected Area in terms of section 43, and prescribe the management and protection measures for the Bird Island Group Marine Protected Area in terms of section 77(2)(x)(i), of the Marine Living Resources Act, 18 of 1998 ("the Act") as set out in the Regulations in the Schedule, below. Schedule To protect the marine environment and the marine biodiversity within the Bird Island Group Marine Protected Area; to allow over-exploited species of fish a sanctuary in which to recover and breed; to protect seabird breeding colonies; and to promote and regulate eco-tourism activities and scientific research in a way that does not adversely affect the marine environment and biodiversity of the Bird Island Group Marine Protected Area and to prescribe penalties for contraventions. Definitions 1. In these regulations any word or expression given a meaning in the Act has that meaning, unless such word or expression is defined in these regulations for the purposes of these regulations, and unless, the context indicates otherwise Act means the Marine Living Resources Act, 18 of 1998, inclusive of amendments and regulations promulgated thereunder; Dive means to swim below the surface of the water, or to enter the water, with the aid of diving gear; Demarcation buoy means a buoy installed to mark the boundaries of the Marine Protected Area; the Manager means the Manager of the Greater Addo Elephant National Park; 4 No. 26432 GOVERNMENT GAZETTE, 4 JUNE 2004 Marine Protected Area means the Bird Island Group Marine Protected Area as declared by the Minister in terms of section 43 of the Act; the Minister means the Minister of Environmental Affairs and Tourism; Spearfishing means fishing with the use of a speargun; Speargun means a device by which a spear is projected by mechanical or pneumatic means; and WGS 84 means the World Geodetic System of 1984 (G730), which is a geographic co ordinate system. Objectives 2. The objectives of declaring the Marine Protected Area are to: (1) Protect and conserve marine ecosystems and populations of threatened marine species and seabirds that found on the Bird Island Group; (2) Protect the reproductive capacity of commercially important species of fish, including abalone and traditional linefish, and to allow their populations to recover; (3) Control other marine activities in the Marine Protected Area to reduce the risks of pollution and habitat degradation. Interpretation 3. (1) All geographic co-ordinates are determined in accordance with the WGS 84 datum. (2) All bearings are true beatings and not compass or magnetic bearings. Boundaries 4. The Marine Protected Area shall include the water, the seabed and the airspace to 1000 metres above sea-level in a rectangular area bounded by the latitudes 33° 48'. 0 Sand 33° 52'.5 Sand the longitudes 026° 14'.5 E and 026° 20'.0 E. Control of activities 5. (1) (2) No person may fish or attempt to fish within the Marine Protected Area. Fishing gear on board fishing vessels that enter the Marine Protected Area for the purpose of passage must be stowed. ::J ::J ::J ::J 1.J ::J ..., ::J STAATSKOEF!ANT, 4 JUNIE 2004 No.26432 5 (3) No person may undertake spearfishing or attempt to undertake spearfishing in the Marine Protected Area or be in possession of a speargun in the Marine Protected Area. Diving permit 6. (1) (2) (3) (4) (5) No person may dive or attempt to dive in the Marine Protected Area except on the authority of a diving permit. The Minister shall determine the maximum number of diving permits that may be issued for use in the Marine Protected Area. Applications for a diving permit shall be made to the Manager on an application form and subject to an application fee determined by the Minister in terms of the Act. Diving permits shall be valid for maximum period of twelve months and shall be capable of being renewed at a fee determined by the Minister in terms of the Act. Diving permits may be issued subject to conditions. Scientific research permit 7. (1) (2) (3) (4) Use of vessels 8. (1) (2) (3) No person may undertake any scientific research within the Marine Protected Area except on the authority of a scientific research permit. Applications for a scientific research permit shall be made to the Minister on an application form and subject to criteria and an application fee determined by the Minister in terms of the Act. Scientific research permits shall be valid for a maximum period of twelve months and shall be capable of being renewed by the Minister. Scientific research permits may be issued subject to conditions. All vessels that have deployed divers within the Marine Protected Area must display an alpha flag. No vessel may be attached to a demarcation buoy. No person may use or attempt to use any type of personal watercraft or hovercraft within the Marine Protected Area. 6 No. 26432 GOVERNMENT GAZETTE, 4 JUNE 2004 (4) No person may moor or anchor any vessel within the Marine Protected Area. Offences and penalties 9. Any person who contravenes a provision of these regulations shall be guilty of an offence and liable on conviction to a maximum fine of one hundred thousand rand or to imprisonment for a period not exceeding two years. Management Plan 10. The Department shall, after consulting with the Manager, commence with the implementation of a management plan for the Marine Protected Area within six months of the date of commencement of these regulations. Transitional Provision 11. Notwithstanding the prov1s10ns of regulation 12, regulations 6 and 7 shall commence on 31 December 2004. Commencement 12. These regulations shall commence immediately upon promulgation.