Sea Fishery Act 1988 (No. 12 of 1988)

STAATSKOERANT VAN DIEREPUBLIEK VAN SUID-AFRIKA REPUBLIC OF SOUTH AFRICA GOVERNMENT GAZETTE As 'nNuusbladbydiePoskantoor Geregistreer RegisteredatthePostOffice asaNewspaper VOL. 273 Verkoopprvs » Selling price (AVB uitgAsluit/GST excluded) Plaaslik 50c Local Bultelands 70cOther countries Posviy • Postfree KAAPSTAlJ. 2j MAART 1988 CAPE TOWN, 23 MARCH 1988 No. 11201 KANTOOR VAN DIE STAATSPRESIDENT STATE PRESIDENT'S OFFICE No,527. 23Maart1988 No. 527. 23 March 1988 I-tierby word bekend gemaak dat die Staatspresident sy It is hereby notified that the State President has goedkeuring geheg het aan die onderstaande Wet wat. assented to the following Act which is hereby published hierby ter algemene inligting gepubliseer word:- for general information: •-To. 12 van 1988: Wetop Seevissery, 1988. No. 12 of 1988: Sea Fishery Act, 1988. GOVERNMENT GAZETfE, 23 MARCH 1988 No. 11201 3 SEA FISHERY ACT, 1988 ACT To provide for the eonservatlon of the marine ecology and the or derly exploitation, utilization and protection of certain mar ine resources; for that purpose to provide for the exercise of control over sea fishery; and to provide for matters con nected therewith. (English text signed by the State President.} (Assented to 14 March 1988.) ARRANGEMENT OF SECTIONS Section 1. Definitions PART I GENERAL POLICY FOR CONSERVATION AND OPTIMAL UTILIZATION OF Soum AFRICAN LMNG MARINE RESOURCES 2. Minister may determine general policy PART II APPLICATION AND ADMINISTRATION OF ACT 3. Application of Act 4. Delegation of powers 5. Fishery control officers 6. Honorary fishery officers PART III SEA FISHERY ADVISORY COMMIlTEE 7. Establishment of Sea Fishery Advisory Committee 8. Constitution of advisory committee 9. Term of office and vacating of office by members or alter nate members of advisory committee 10. Meetings of advisory committee 11. Subcommittees 12. Allowances and remuneration of members of advisory com mittee and subcommittees and alternate members of advis ory committee Ad No. 12, 1988 GOVERNMENT GAZETTE, 23 MARCH 1988 No.11201 5 SEA FISHERY ACT ; 1988 PART IV INDUSTRIAL BODIES AND INTEREST GROUPS IN DIFFERENT BRANCHES OF FISHING INDUSTRY 13. Recognition of industrial bodies and interest groups by Min ister 14. Powers of industrial bodies and interest groups PART V QUOTA BOARD 15. Establishment of Quota Board 16. Constitution of board 17. Alternate members, chairman and vice-chairman, term of office, removal from office, filling of vacancies, meetings, allowances and remuneration, and vacating of office 18. Functions of board 19. Determination of maximum mass of fish available for quo tas 20. Suspension, cancellation and reduction of quotas 21. Inquiries in connection with quotas 22. Reconsideration of decisions of board 23. Keeping of register of quotas 24. Transferability of quotas PART VI GRANTING AND TERMINATION OF RIGHTS OF EXPLOITATION 25. Granting and termination of rights of exploitation by Minis ter PART VII PROMOTION OF FISHING INDUSTRY Act No. 12, 1988 26. 27. 28. 29. Development of fishing harbours and other facilities Sea Fishery Fund Appropriation of fund Levy on fish and fish products and certain other marine re sources PART VIII CONTROL OVER CATCHING, PROCESSING, EXPORT AND DISPOSAL OF FISH 30. Licensing of fishing boats, and premises, vehicles or vessels as factories 31. Licensing of implements 32. Exemption from licensing 33. Protection of fish 34. Marine reserves 35. Restrictions on quantity of fish which may be caught or pro cessed 36. Control over disposal of fish 37. Control over export of fish PART IX CONTROL OVER CERTAIN OTHER MARINE R.ESOURCES 38. Control over collectionand removal of aquatic plants and shells 39. Issue of permits 40. Transfer of permits and appeal to Minister GOVERNMENTGAZETIE, 23MARCH 1988 SEA FISHERYACf ,1988 PART X MISCELLANEOUS PROVISIONS 41. Exemptions 42. Obtaining of information by Minister 43. Adoption or rati.fication of conventions, treaties or agree ments 44. Appeal by aggrieved person PART XI REGULATIONS, TARIFFS AND FEES 45. Regulations 46. Tariffs and fees PART XII OFFENCES AND PENALTIES, FORFEITURIl AND SEI7UilR, ANn PAY MENT OF REMUNERATION TO INFORMANT 47. Offences and penalties 48. Forfeiture and seizure 49. Payment of remuneration to informant PART XIII JURISDICTION, EVIDENCE, LIMITATION OF LIABILITY, FOREIGN VES SELS IN FISHING ZONE, POWERS OF FISHERY CONTROL OFFICERS AND POLICE OFFICERS, AND ApPLICATION OF ACT 50. Jurisdiction and evidence 51. Limitation of liability 52. Use of foreign vessels as fishing boats and factories in ~hing7.one 53. Powers of fishery control officers and police officers 54. Application of Act to Prince Edward Islands, Walvis Bay and certain islands and rocks PART XIV REPEAL OF LAWS, AND SAVINGS, SHORT TITLE AND COMMENCE MENT 55. Repeal of laws, and savings 56. Short title and commencement No.l1201 7 ActNo. 12, 1988 5 10 15 20 BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows: 1. In this Act, unless the context indicates otherwise- Definitions. (i) "advisory committee" means the Sea Fishery Advisory Committee established in terms of section 7; (i) (ii) "aquatic plant" means any kind of plant, alga or other plant organism found in the sea or in or on the sea shore; (xxxxiii) (iii) "board" means the Quota Board established by section 15; (xxiii) (iv) "catch" means to take out of the sea or the sea-shore in any manner whatsoever, to remove from the sea-shore, possess in a net, whether the net is in the water or not, possess in, upon or next to a vessel, or to land; (xxxii) (v) "department" means the Department of Environment Affairs; (iii) (vi) "director-general" means the Director-General: En vironment Affairs; (iv) (vii) "exploiter" means a person to whom a right of exploi tation has been granted in terms of section 25; (xviii) GOVERNMENT GAZETTE. 23 MARCH 1988 No. 11201 9 SEA FISHERY ACf , 1988 (viii) "factory" means any premises, vehicle or vessel on or in which fish or fish products are salted, dried, smoked, packed, chilled, frozen, canned or otherwise treated for commercial purposes, or fish is kept alivefor commer 5 cial purposes, excluding a fish shop, supermarket, ho tel, boarding house, restaurant, refreshment or tea room or eating house, or a fishing boat in or on which fish which is caught off such fishing boat is only gutted, salted or chilled for the preservation thereof; (v) 10 (ix) "fish" means every species of sea animal, whether ver tebrate or invertebrate, including the spawn or larvae of such sea animal, excluding any seal or seabird; (xxxiii) (x) "fisherman" means a person who catches or attempts 15 to catch fish on a full-time or part-time basis, whether such fish is found in the sea or in or on the sea-shore, with the purpose of selling or attempting to sell or otherwise disposing or attempting to dispose of such fish at a consideration, including a person assisting 20 therewith; (xxxvi) (xi) "fishery control officer" means an incumbent of a post or rank referred to in section 5; (xxxix) (xii) "fishing,boat" means any vessel which is used for catch ing fish In the sea or the transport of such fish; (xxxvii) 25 (xiii) "fishing harbour" means a declared fishing harbour re ferred to in section 26 (1); (xxxviii) (xiv) "fishing industry" means the whole of the trade en gaged in the catching, breeding or acquisition by any other means of fish, the processing thereof and the pro 30 vision or delivery for trade purposes of such fish or fish products, excluding a fish shop; supermarket, hotel, boarding house, restaurant, refreshment or tea room or eating house: (xxxiv) (xv) "fishing zone" means the territorial waters of the Re 35 public and the fishing zone as defined in sections 2 and 3 of the Territorial Waters Act, 1963 (Act No. 87 of 1963), respectively; (xxxx) (xvi) "fish product" means any product, whether in a pro cessed form or not, wholly or partly derived from fish; 40 (xxxv) (xvii) "fund" means the Sea Fishery Fund referred to in sec tion 27; (vi) (xviii) "high-watermark" means the highest line reached by the water of the sea during ordinary storms during the 45 most stormy period of the year, excluding an excep tional or abnormal flood; (xi) (xix) "implement" means any net or other apparatus or means used for or in connection with the catching of fish; (xxxxiv) 50 (xx) "licence" means the document which may on applica tion periodically be issued by the State and which auth orizes the use of an object which has to be licensed in terms of this Act; (xvi) (xxi) "local authority" means any institution or body refer 55 red to in section 84 (1) (f) of the Provincial Govern ment Act, 1961 (Act No. 32 of 1961). the South Afri can Development Trust established by section 4 of the Development Trust and Land Act, 1936(Act No. 18 of 1936), and the Natal Parks, Game and Fish Preserva 60 tion Board established under the Natal Parks, Game and Fish Preservation Ordinance, 1974(Ordinance No. 15of 1974),of Natal; (xxi) (xxii) "low-water mark" means the lowest line to which the water of the sea recedes during periods of ordinary 65 sf-ring tides; (xv) (xxiii) 'master" means the person having command or control of a fiShing boat or vessel; (vii) (xxiv) "Minister" means the Minister of Environment Affairs and of Water Affairs; (xvii) Ad No. 12, 1988 GOVERNMEl'-o'T GAZETTE, 23MARCH 1988 No. 1120! 11 SEA FISHERY ACf, 1988 (xxv) "nautical mile" means the international nautical mile of 1 852metres: (xxvii) (xxvi) "officer" means an officer as defined in section 1 (1) of the Public Service Act, 1984 (Act No. 111 of 1984); (ii) 5 (xxvii) .~. means the document which may on applica tion periodically be issued by the State and in which the name of the exploiter, the name and number of the fishing boat (if any) and the species and maximum mass of fish, aquatic plants or shells 'Which may be caught or 10 collected and removed during a specified period and in a defined area, as well as the conditions on which the right of exploitation has been granted, are stated; (xx) (xxviii) "police officer" means a member of the Force as defined in section 1 of the Police Act, 1958 (Act No.7 15 of 1958); (xxii) (xxix) "prescribed" means prescribed by regulation; (xxxxii) (xxx) "quota" means the maximum mass of Ilsh uf a particu lar species allocated to an exploiter which he may catch during a specified period and in a defined area; (xiii) 20 (xxxi) "quota holder" means the person to whom a quota has been allocated in terms of section 18; (xiv) (xxxii) "regulation" means a regulation made under this Act; (xxiv) (xxxiii) "Republic" means the provinces mentioned in section 1 25 of the Republic of South Africa Constitution Act, 1983 (Act No. 110 of 1983), the harbour and settlement of Walvis Bay and the islands and rocks mentioned in Schedule 2; (xxv) (xxxiv) "right of exploitation" means a right granted on certain 30 conditions by the Minister to a person in terms of sec tion 25 to have access to the sea for a specified period in order to catch fish or to collect and remove aquatic plants or shells; (xix) (xxxv) "sea" means the water and the bed of the sea. includ 35 ing (a) the sea-snore; ana (b) the water and the beds of tidal, rivers and tidal la goons; (xxvi) (xxxvi) "sea-shore" means the water and the land between the 40 low-water mark and the high-water mark; (xxix) (xxxvii) "shell" means the shell or portion of the shell of any sea animal found in the sea or on the sea-shore; (xxviii) (xxxviii) "territorial waters"· means the sea within a distance of 12 nautical miles from the low-water mark; (xxx) 45 (xxxix) "this Act" includes an}' regulation or notice made or is sued under this Act; (x) (xxxx) "tidal lagoon" means .any lagoon in which a rise and fall of the water leveltakes place as' a result of the tides ; (ix) 50 (xxxxi)' "tidal river" means that part of any river in which arise and fall of the water level takes place as a result of the tides; (viii) (xxxxii) "vehicle" means any vehicle in, on or with which goods can be transported; (xxxxi) 55 (xxxxiii) "vessel" meansany. water-navigable craft of any type whatsoever, whether self-propelled or not; (xxxi)and (xxxxiv) "year" means any period of 12 consecutive mouths. (xii) PART I 60 GENERAL POLICY FOR CONSERVATION AND OYI1MAL UTILIZATION OF Sourn AFRICAN Lrvrso MARINS REsOURCES Act No. 12, 1988 2. The Minister may from time to time by notice in the M!nistermay del.er Gazette determine the general policy with regard to the conser 1.DI1ne general policy. GOVERNMENT GAZETIE, 23 MARCH 1988 No. 11201 13 SEA FISHERY ACT' ; 1988 vation and optimal utilization of the South African living marine resources to be applied with a view to (a) the protection of the marine ecology; and (b) the promotion, protection and sustained utilization of 5 the sea, its living resources and derivatives thereof, to the greatest benefit of the present and future inhabi tants of the Republic, regard being had to economic, social and cultural values. PART II ActNo. 12, 1988 10 ApPLICATION AND ADMINISTRATION OF ACT Delegation of powers. 3. This Act shall not apply in respect of- Application of Act. (a) fish found in water which does .not at any time during the year form part of the sea; (b) the catching of, fish in a tidal lagoon, tidal river or 15 estuary along the coast of the province of Natal or from the sea-shore along the said coast, excluding that part of the said coast in an area which consists of land refer red to in section' 21 (1) or the Development Trust and Land Act, 1936 (Act No.' 18 of 1936), or in a scheduled 20 Black area as defined in section 49 of the said Act; or (c) an area bordering on the sea which has in 'terms of the National Parks Act; 1976 (Act No. 57 of 1976), been declared to be a national park or part of such park, or which has been declared a lake area under the Lake 25 Areas Development Act, 1975 (Act No. 39of 1975). 4. (1) The Minister may (a] delegate any powers conferred upon him byor under this Act, excluding the power to make regulations and a power referred to in paragraph (b), to any officer of 30 the department on the conditions determined by him; and (b) by notice in the Gazette delegate, in respect of any par ticular species of fish, aquatic plants, or shells, in gen eral or in respect of a defined area, .any power con 35 ferred upon him by or under this Act,' excluding the power to make regulations, to any person, including a local authority or body of persons. (2) Any person to whom any power has been delegated under subsection (1) may, with the written approval of the Minister, 40 delegate that power to any. person to whom the Minister could have delegated it. (3) The director-general may delegate any powers conferred upon him by or under this Act to an officer in the department on the conditions determined by him. 45 (4) No power in respect of land in an urea-referred toIn sec tion 21 (1) of the Development Trust and Land Act, 1936 (Act No. 18 of 1936), or in a scheduled Black area as defined in sec tion 49 of the said Act, shall be delegated under subsection (1) or (2) unless the Minister of Constitutional Development and 50 Planning consents thereto. 5. (1) The Minister may, subject to 'the provisions of the Pub lic Service Act, 1984 (Act No. 111 of 1984); designate posts in the department of which the incumbents shall be fishery control officers. 55 (2) The Minister may by notice in the Gazette and with the concurrence of (a) the Administrator of a province; subject to the provis ions of the Public Service Act, 1984 (Act No. 111 of 1984), designate posts in that administration or a statu 60 tory body under the control of such Administrator; Fishery control officers. GOVERNMENT GAZEITE, 23 MARCH 1988 No. 11201 15 SEA FISHERY ACT, 1988 (b) the South African Bureau of Standards referred to in section 2 of the Standards Act, 1982 (Act No. 30 of 1982), designate posts in that Bureau; (c) a local authority or statutory body, designate posts in 5 such local authority or statutory body; (d) the National Parks Board of Trustees established in terms of section 5 (1) of the National Parks Act, 1976 (Act No. 57 of 1976), designate posts in that Board, of which the incumbents shall be fishery control officers. 10 (3) The Minister may by notice in the Gazette (a) with the concurrence of the Minister of Defence, desig nate a particular rank or ranks in the South African Navy; and (b) with the concurrence of the Minister of Justice, desig 15 nate a particular rank or ranks in the Prisons Service, of which the incumbents shall be fishery control officers, and may so alter or cancel such designation. (4) The Minister may, with the concurrence of the Minister of Finance, determine the additional remuneration (if any) which is 20 payable to the incumbents of posts designated under subsection (2). (5) The incumbents of posts designated under subsections (1) and (2) shall be furnished by the director-general or any other officer designated by the director-general for that purpose with a 25prescribed identity card, and whenever such incumbent exercises any power or performs any duty or function in terms of this Act, he shall, at the request of any person affected thereby, produce that identity card to such person for inspection. 6. (1) The director-general may by written notice to any per 30 son, appoint such person as an honorary fishery officer. (2) An honorary fishery officer shall be invested with the pre scribed powers. (3) The director-general may at any time, without giving reasons, withdraw the appointment of an honorary fishery of 35 fleer in writing if he deems it desirable. (4) Any ~erson appointed under subsection (1) shall be fur nished by the director-general or any other officer designated by the director-general for that purpose with a certificate of ap pointment, and whenever such person exercises any power or 40 performs any duty or function in terms of this Act, he shall, lit the request of any person affected thereby, produce that certi ficate to such person for inspection. PART III SEA FISHERY ADVISORY COMMITIEE 45 7. The Minister shall establish a committee called the Sea Fishery Advisory Committee, to advise him in relation to (a) any matter onwhich he has to consult the advisory committee in terms of this Act; (b) any matter which the Minister refers to the advisory 50 committee for investigation and advice. 8. (1) The advisory committee shall consist of the number of persons, but at least five, appointed by the Minister who in his opinion possess the necessary expertise in their relevant fields of study to make a substantial contribution towards the functions of 55 the advisory committee. (2) The Minister shall appoint an alternate member for each member of the advisory committee, and any alternate member so appointed may attend and take part in the proceedings-at any meeting of the advisory committee during the absence, or vacan 60 cy in the office, of the member for whom he has been appointed as alternate member. Act No. 12, 1988 Honorary fishery officers. Establishment of Sea Fishery Advis ory Committee. Constitution of advisory committee. GOVERNMENT GAZETTE, 23 MARCH 1988 No. 11201 17 SEA FISHERY ACT, 1988 (3) (a) The Minister shall appoint the chairman and vice-chair man of the advisory committee for the period and sub ject to the conditions determined by him. (b) If the chairman cannot act as chairman for one or other 5 reason the vice-chairman shall act as chairman and shall execute the functions of the chairman. 9. (1) A member or alternate member of the advisory commit tee holds office for such period, but not exceeding three years, as the Minister may determine at the time of his appointment, 10 and may be appointed again at the end of his term of office. (2) A member or alternate member of the advisory committee shall vacate his office if he (a) becomes insolvent; (b) becomes mentally disturbed; 15 (e) is convicted of an offence and is sentenced to impris onment without the option of a fine; (d) is absent from three consecutive meetings of the advis ory committee without leave of the chairman; (e) resigns by written notice to the Minister; or 20 (I) is removed from office under subsection (3). (3) The Minister may at any time remove a member or alter nate member of the advisory committee from office if in his opinion there are sufficient reasons for doing so. (4) If a member or alternate member of the advisory commit 25 tee ceases to hold office for some or other reason, the Minister may appoint a person in his place for the unexpired period of his term of office. 10. (1) The first meeting of the advisory committee shall be held at a time and place determined by the chairman, and there 30 after the advisory committee shall meet at such times and places as the advisory committee may from time to time determine. (2) The chairman may at any time convene a special meeting of the advisory committee at the time and place determined by him. 35 (3) The Minister shall determine the number of members of the advisory committee who shall form a quorum for a meeting. (4) If both the chairman and the vice-chairman arc absent from a meeting of the advisory committee, the members present shall elect a person from among their number to preside at the 40 meeting. (5) The decision of the majority of the members of the advis ory committee present at a meeting shall constitute a decision of the advisory committee, and, in the event of an equality of votes on any matter, the person presiding shall have a casting vote in 45 addition to his deliberative vote. (6) No decision taken by the advisory committee or act per formed under the authority of the advisory committee shall be invalid merely by reason of a vacancy on the advisory committee or because any person not entitled to sit as a member of the ad 50visory committee, sat as such a member at the time when the de cision was taken or the act was authorized, if the decision was taken or the act was authorized by the majority of the members of the advisory committee present at the time and who were en titled to sit as members. 55 (7) For the purposes of this section "member" includes an alternate member present at the relevant meeting of the advis ory committee during the absence, or vacancy in the office, of the member for whom he has been appointed as alternate mem ber. 60 11. (1) The advisory committee may constitute one or more subcommittees of the advisory committee, which may, subject to the directions of the advisory committee, perform such functions of the advisory committee as the advisory committee may deter mine. 65 (2) A subcommittee shall consist of one or more members of the advisory committee and, if the advisory committee deems it necessary, one or more persons whom the advisory committee may deem fit, and the advisory committee may at anytime dis solve or reconstitute such subcommittee. ActNo.12, 1988 Term of office and vacating of office by members or alternate members of advisory committee. Meetings of advisory <committee, Subcommittees. GOVERNMENT UALETIE, 23 MARCH 19M No. 11201 19 ActNo.12, 1988SEA FISHERY ACf , 1988 (3) One of the members of a subcommittee shall be desig nated by the advisory committee as chairman of the subcommit tee. 12. The director-general may pay to a member and alternate .V'owances and re 5 member of the advisory committee, and a member of a subcom- muneratio~ofmem­ mittee who is not in the full-time employment of the State b<:rs of advisorycom l • • . , rmttee and from moneys appropnated by Parliament for the purpose, the subcommittees and allowances and remuneration which the Minister may determine alternate members of in general or in a specific case, with the concurrence of the Min- advisorycommmee. 10 ister of Finance. PART IV INDUSTRIAL Booms AND INTEREST GROUPS IN DIFFERENT BRANCHES OF FISHING INDUSTRY 13. The Minister may, by notice in the Gazette, recognize any 15 lndusu ial bully or Interest glUup ill a branch of the: fiehing indus try which in the opinion of the Minister is representative of the specific branch, as industrial body or interest group of that branch. 14. An industrial body or interest group recognized under sec 20 tion 13, shall have the power to furnish information arid to ad vise the advisory committee in respect of any matter in the fishing industry on which it is consulted by the advisory commit tee. Recognition of indus tri..l hodies and inter est groups by Minis ter. Powersof industrial bodies and interest groups. PART V 25 QUOTABOARD 15. There shall be a board called the Quota Board, which Establishmentof shall be a juristic person. Quota Board. 16 The board shall consist of the'nllmher of members ap pointed by the Minister, but any person who has a direct or indi 30 rect interest.in any manner whatsoever in the fishing industry, or whose spouse or child has such an interest; or a person in the employment of the State, shall subject to section 17 (2) not be appointed asa member or alternate member of the board. Constitution of board. 45 40 50 17. (1) The provisions of sections 8 (2) and (3), 9 (1). (3) and Alternate mem~ers, 3S (4),10 and 12 shall apply mutatis mutandis to t~board, and for cha!rmanandVlce J f I I · · f • '.J..' chairman, term of t re purpo~es 0 sue lapp ication a re erence In t e SAl", secnons office removal from to the advisory committee or subcommittee shall be construed as office:fillingofvac a reference to the board. andes, meetings, al (2) Th . f h b d h IIbe- lowancesand re-e chairman 0 t e oar sa. muneration and (a) a judge, retired judge or senior advocate of the Su- vacatjngof~fIice. preme Court ofSouth Africa; or (b) a magistrate or retired magistrate of at least '10 years experience as a magistrate. (3) (a) A member or alternate member of the board shall vac ate his office if he or his spouse or child acquires a di rect or indirect interest in any manner whatsoever in the fishing industry or that member is employed by the State. (b) The provisions of section 9 (2) are applicable mutatis mutandis to a member or alternate member of the board. 18. (1) The functions of the board are to- Functions of board. (a) recommend to the Minister for his approval guide-lines for the determination of quotas; and (b) allocate quotas on application to exploiters in the dif 55 ferent branches of the fishing industry, subject to sub section (3) and section 19, and in accordance with the approved guide-lines. (2) Application for the allocation of quotas shall be made on the prescribed Iorm. 60 (3) Quotas to foreign states desiring to exercise fishing activi ties within the fishing zone, excluding the territorial waters, may only be allocated by the Minister. GOVERNMENT GAZETTE, 23 MARCH 19BB No. 11201 21 SEA FISHERYACT ,1988 19. The Minister shall from time to time, after consultation with the advisory committee, determine; on the conditions that he may deem fit, the maximum mass of fish of a particular species which is available for the allocation of quotas by the 5 buan.l. 20. (1) If a quota holder-> (a) furnishes information which is not true or complete in connection with his application for the allocation of a quota; 10 (b) contravenes or fails to comply with a condition subject to which a permit has been issued; . (e) contravenes a provision of this Act or fails to comply therewith; (d) is at any time convicted of any offence or for any other 15 reason is not a proper person to perform the business with regard to the quota allocated to him, the board may request the quota holder by way of a written no tice sent by registered post to his last known address, to furnish reasons in writing within a period of 21 days from the date of the 20 notice, why the quota which has been allocated to him, should not be suspended, cancelled or reduced. (2) If after the lapse of the period referred to in subsection (1), no reasons have been furnished or the board is of the opin ion that the reasons furnished are not well-founded or accept 25 able, as the case may be,· and that the relevant quota should be suspended, cancelled, or reduced, the board shall recommend to the Minister that he (a) suspends the quota in question; (b) cancels the quota in question with effect from a certain 30 date; or (c) reduces the quota in question. (3) The Minister may (a) suspend the quota in question for the period determin ed by him; 35 (b) cancel the quota in question from a date determined by him; (c) reduce the quota in question; or (d) decide not to suspend, cancel or reduce the quota. (4) On the suspension of a quota under subsection 3 (a), the 40 quota holder shall be deemed not to be a quota holder for the period for which the quota has been so suspended. (5) A suspension; cancellation or reduction of a quota shall be recorded by the director-general in the register referred to in section 23. 45 21. (1) The board may withregard to the allocation of quotas request the director-general to inquire into any matter in order to enable the board to perform its functions properly. . (2) For the purposes of such inquiry the director-general may appoint a committee to conduct the inquiry. 50 (3) Such committee may (a) order any person who iIi its opinion may be able to give information of material importance concerning the sub ject of the inquiry, or who is believed to have in his possession or custody or control any. register, book, 55 document or thing .which may have a bearing on that subject, to appear before such committee with such register, book, document or thing; (b) call upon, and administer an oath to, oraccept an affir mation from, any person present at. the inquiry, 60 whether he has been or could have been ordered under paragraph (a); (c) interrogate or require any person who has been called upon under paragraph (b) to produce a register, book, document or thing referred to in paragraph (a). 65 (4) An order for the attendance. before such committee shall be in the form determined by such committee, and shall be signed by the chairman, who shall be appointed for the purppse of the inquiry by the director-general. Act No. 12, 1988 Deterrnlnauon uf maximum massof fish availablefor quo tas. Suspension,cancella tionand reduction of quotas. Inquiriesin connectionwith quotas. GOVERNMENTGAZETIE. 23MARCH 1988 No. 11201 23 SEA FISHERY ACT. 1988 (5) The law relating to privilege as applicable to a person sum moned to give evidence or to produce a register, book, docu ment or thing before a court of law, shall be applicable in re spect of the interrogation of, or production of a register, book, 5 document or thing by, a person referred to in SUbsection (3). ActNo. 12, 1988 10 15 22. (a) If any person is aggrieved by a decision of the board with regard to the allocation or nun-allocation vf a 4UV ta, the board shall, at the written request of such per son to the board within 30 days after the publication of such decision, reconsider such decision, and the deci sion uf the board after such reconsideration shall be final. (b) Any person referred to in paragraph (a) shall be en titled to appear before the board and be heard, whether personally or by means of a representative, and to give evidence himself and call other persons as witnesses. Reconsideration of decisions of board. 23. The director-general shall keep a register of all quotas al- Keeping of register of located under section 18, and such register shall contain the pre- quotas. 20 scribed particulars, and shall be available for inspection by the public at the prescribed places and times. 24. (1) A quota or a part of a quota allocated in terms of sec- Transferability of tion 18 is transferable in accordance with the guide-lines deter- quotas. mined by the Minister after consultation with the Competition 25 Board established by section 3 of the Maintenance and Promo tion of Competition Act, 1979 (Act No. 96 of 1979); and an nounced in a manner that he may deem fit. (2) Guide-lines referred to in subsection (1) may provide for the transfer of quotas 30 (a) in the fishing industry in general; or (b) in respect of a particular branch of the fishing industry. (3) If a quota holder desires to transfer his quota or a part thereof to any other person, he shall, at least 21 days prior to the date on which the transfer is proposed to take place; apply in 35 the prescribed manner to the director-general for such transfer and supply the prescribed information. (4) If the proposed transfer complies with the guide-lines re ferred to in subsection (1), the director-general may. approve the application and amend the register referred to in section 23 40 accordingly. PART VI GRANTING AND TERMINATION OF RIGHTS OF EXPLOITATION 25. (1) The Minister shall on application in the prescribed manner grant a right of exploitation to a person who at the date 45 of commencement of this Aet either had access to the sea in any branch of the fishing industry or had sudr access in the industry of collecting aquatic plants or shells, and such grant shall be made on the basis of such person's historical performance in the said industry. 50 (2) New entrants to any branch of the industries referred to in subsection (1), shall apply to the Minister for .the granting of a right of exploitation in the prescribed manner. and the Minister may approve such application subject to the conditions deter mined by him or refuse it. 55 (3) A right of exploitation (a) shall be granted by the Minister for a specified period on the conditions determined by him.rand the exploiter Granting and termin ation of rights of exploitation by Minister. GOVERNMENT GAZETTE. 23 MARCH 19BB SEA FISHERY ACT ,1988 shall, before the lapse uf such period, apply in the pIe scribed manner for the extension of such right; (b) shall only be alienated with the prior approval of the Minister on the conditions determined by him, and 5 such alienation may only take place if the quota (if any), or a portion thereof connected with the right of exploitation, is also transferred to the same person; and (c) may be suspended or terminated by the Minister if he is of the opinion that a conviction of an exploiter of an of 10 fence in terms of this Act, is such that his continued participation is no longer in the interest of either the resource in question or the industry in question or the resource and the industry. PART VII No. 11201 25 Act No. 12, 1988 15 PROMOTION OF FISHING INDUSTRY 26. (1) (a) Subject to paragraph (b) the Minister may by no tice in the Gazette declare a harbour or a defined por tion of a harbour or a defined area of the sea and the sea-shore, to be a fishingharbour. 20 (b) If the Minister desires to declare a commercial harbour or a portion of such harbour to be a fishing harbour, he shall obtain the prior approval of the Minister of Trans port therefor. (2) The Minister may within or outside any fishing harbour, in 25 the sea., on the sea-shore or on adjacent land, from funds appro priated for that purpose by Parliament, erect or acquire and maintain and control the use of buildings, works and facilities which in the opinion of the Minister are necessary for the pro motion of the interests of the fishing industry, and may allow 30 that such buildings, works and facilities be erected, acquired, maintained or controlled by another person. 27. (l)\The Sea Fisheries Research Fund established by sec tion 19 of the Sea Fisheries Act, 1973 (Act xo.58 of 1973), shall continue to exist, under the name the Sea Fishery Fund, not 35 withstanding the repeal of the said Act by section 55, and into that fund there shall be paid (a) moneys in respect of levies collected by virtue of the provisions of section 29; (b) moneys appropriated by Parliament for the' realization 40 of the objects of the fund; (c) interest on investments; (d) moneys which, withthe approval of the Minister and with the concurrence ofthe Minister ofFinance, may accrue to the fund from any other source; and 45 (e) interest recovered under sectiun29 (2) (d). (2) (a) The fund shall be administered by the director-general with the concurrence of the Minister of Finance, in accordance with an estimate or asupplementary or re vised estimate of revenue aml expenditure approved by 50 the Minister in respect of every financial' year, which shall end on 31' March; and no expenditure payable from the fund may be incurred except in accordance with such estimate of expenditure. (b) The director-general shall be the accounting officer 55 charged with the responsibility of accounting for moneysreceived and expenditure incurred by the fund. (3) The director-general shall invest moneys in the fund not required for immediate use with the Public Investment Commis sioners. 60 (4) Any unexpended balance in the fund at the end of a finan cial year shall be carried furwanl as a credit ill the fund to the next financial year. (5) The Auditor-General shall annually audit the books and accounts of the fund. Development of fishing harbours and other Iacilltica. SeaFishery Fund. GOVERNMENT GAZEITE, 23 MARCH 1988 No.H201 27 SEA FISHERY ACf , 1988. 28. (1) The Minister may, from moneys available in the fund, undertake research and development in connection with sea fishery, including research and development with relation to (a) the utilization, conservation and protection of the living 5 resources of the sea; (b) the utilization of the sea and the sea-shore in so far as they may be necessary to protect the living resources of the sea; (c) improved methods for the catching of fish; 10 (d) the breeding of fish or the cultivation of aquatic plants; and (e) the manufacturing of fish products or products wholly or partially obtained from aquatic plants and the pack ing, processing and marketing of such products. 15 (2) The Minister may, from moneys available in the fund, ar range for the undertaking of research and development contem plated in subsection (1) by any competent institution of State or any person or body,' or grant financial assistance in connection therewith on the conditions determined by him,with the concur 20 renee of the Minister of Finance. (3) The moneys in the fund shall be appropriated for the pur poses referred to in this sectiori by the Minister on the recom mendation of the advisory committee and with the concurrence of the Minister of Finance. 25 29. (1) The Minister may, after consultation with the advisory committee and with the concurrence of the Minister of Finance, by notice in the' Gazette impose a levy on all fish or fish of a species specified in the notice which is landed by fishermen, and any product thereof, and aquatic plants and shells collected and 30 removed from the sea-shore or the sea. (2) Such a notice (a) shalt contain the amount of the levy, .the names of the exploiters or participants in the industry in question by whom the levy is payable and the name of the person 35 charged with the recovery. thereof, and may contain such other' c1it"eetions by the Minister as he may deem necessary for the collection of the levy and the payment thereof into the fund (including the manner in which the mass of fish or fish products shall be'determined for 40 the purposes of the calculation of the' levy), and the Minister may so withdrawor amend such notice; (b) may impose different Ieviesjin: respect of different species of fish, different fish products; aquatic plants or shells, or different exploiters Or participants in the rel 45 evant industry, or different areas;' (c) may contain an exemption from payment of the levy in respect of fish, fish products, aquatic plants or shells landed at a place or in an area specified in the notice, if the proceeds of the levy, in the opinion of the Minister, 50 would not justify the expenses of collecting such levy; (d) may prescribe that interest is payable at the rate deter mined in the notice on any levy which is received after the date on which such levy was payable; and (e) may prescribe penalties which do not exceed the penal 55 ties prescribed by. section"47; for any contravention of or failure to comply with the provisions of the notice. (3) The director-general may recover the amount in respect of a levy and any interest which is due and payable in terms of a notice under subsection (1), in acompetent court of law. 60 (4) The director-general may by notice sent by registered post (a) direct any person who is liable for payment of a levy, to furnish the director-general with the particulars men Act No.12, 1988 Appropriation of fund. Levy on fish and fish products and certain other marine re sources: GOVFRNMFNTGA7F.TTE, 23 MARCH 1988 No. 11201 29 SEA FISHERY ACT, 1988 tioned in the notice within a period specified in the no tice; and (b) require any person who is liable for payment of a levy, to render returns to the director-general, and prescribe 5 the form in which and the times when the returns shall be rendered, the particulars the returns shall contain and the statements which shall accompany the returns. PART VIII CONTROL OV£R CATCHING, PROCESSING, EXPORT AND DISPOSAL OF 10 FISH 30. (1) Subject to the provisions of section 52, no person may use any vessel as a fishing boat or, as-the case may be, any prem ises, vehicle or vessel as a factory unless it has been licensed in terms of this section. 15 (2) Any person desiring to use any vessel; premises or vehicle as a fishing boat or a factory; as the case may, be; shall apply in the prescribed manner to the director-general.forthe issue of a licence to him therefor. (3) If the director-general is convinced that the applicant has a 20 right to the-vessel, premises or vehicle-in question, he shall, sub ject to the provisions of subsection (4); approve the application, and upon payment of the prescribed fee issue the licence in the name of the applicant in question subject to the conditions de termined in or in terms of subsection (5). 25 (4) (a).The director-general may refuse to approve an applica tion for a licence if he is satisfied that-» (i) information furnished in .the-application is incor rect or incomplete; or (ii) the vessel in question is not intended for use as a 30 fishing boat. (b) I~ the Minister is satisfied that (i) it is in the interest of the fishing industry or a re source in' question in the fishing industry, that the further licensing of vessels as flshing boats.dn gen 35 eral or in respect of a specified area or place, should not be allowed; (ii) the harbour facilities in a specified fishing harbour are inadequate to accommodate more fishing boats than the number already making useof those fa 40 cilities; or (Iii) the harbour, landing; storing or handling facilities in a particular fishing harbour-arelnadequate to deal satisfactorily with -more thatr the: catch of the fishing boats already making use of that harbour, 45 he may direct the dtrector-general to discontinue, until he directs otherwise, the licensing of furthervessels in general or, as the case maybe, in respect of that area, place or fishing harbour. (5) (a) A licence is validfor the period mentioned therein, 50 which period shall be determined by the director-gen eral. (b) A licence is issued by' the director-general subject to the conditions determined by him, including conditions with relation to SS (i) the allocation of a registration number to a fishing boat and the manner in which it shall be displayed on that vessel; (ii) the use of the harbour, landing, storing. or hand ling facilities in aparticular fishing harbour; 60 (iii) the area within which or the place where the vessel may be used as a fishing boat; (iv) fish belonging td a -particular species which may not be caught by means of the use of that fishing boat; and Act No. 12, 1988 Licensing of fishing boats, and premises; vehicles or vessels as factories. GOVERNMENT GAZETfE, 23 MARCH 1988 No. 11201 31 SEA FISHERY ACf j 1988 (v) such other matters as the Minister may determine in general or in respect of a particular fishing boat. (6) The licensee of a licensed fishing boat shall within 21 days after 5 (a) the changing of his Hallie or address; (b) an alteration to the fishing boat in question, including the change of the name thereof, in such a manner that the description thereof in the licence is incorrect or in applicable; or 10 (c) he has sold the vessel or ceased to use it as a fishing boat, furnish the director-general with particulars of such change in writing. (7) The director-general may 15 (a) if the licensee of a fishing boat fails to comply with the provisions of subsection (6); or (b) in the case of a second or subsequent conviction of such licensee of any offencein terms of this Act in respect of a fishing boat, 20 by notice sent by registered post to his last known address, can cel or suspend the licence in question for such period as he may deem fit. (8) If the owner Dr lessee of a vessel registered in a foreign state is a South African citizen or, in the case of a company, is a 25 company as defined in section 1 of the Companies Act, 1973 (Act No. 61 of 1973), or, in the case of a close corporation, is a corporation as defined in section 1 of the Close Corporations Act, 1984 (Act No. 69 of 1984), or is the owner or lessee of any boat which is permitted tocatch fish in the fishing zone, exclud 30 ing the territorial waters, the Minister may, notwithstanding the provisions of section 52 and on the application of such owner or lessee, direct the director-general to issue a licence or permit, as the case may be, in respect of that vessel for such period and area as may be determined by the Minister. 35 31. The Minister may by notice in the Gazette prohibit the use of any implement for the catching of fish or' fish belonging to a particular species, within a defined area, unless the implement is licensed in the prescribed manner. 32. (1) The Minister may by notice sent by registered post to an 40 owner of an implement referred toin section 31 or'an implement belonging to a particular category of implements; exempt such owner from the provisions of section 31 on the conditions set out in the notice. (2) The 'Minister may at any time cancel an exemption granted 45 under subsection (1) or make the continued validity of the exemption subject to conditions determined by him, either by imposing further or new conditions or by the cancellation or amendment of existing conditions. . 33. (1) The Minister may, after consultation with the advisory 50 committee, by notice in the Gazette prohibit (a) the catching or disturbing of fish or fish belonging to a particular species-s (i) in general or in a defined area, indefinitely or for a specified period; 55 (ii)' by a specified person or a person belonging to a particular category of participants in the fishing in dustry; , (b) the landing of fish in general or fish belonging to a par ticular species, at a place other than aspecified place; 60 (e) any person from catching, removing froni one place to another, possessing, offering for sale or' disposing of in any other manner, for own use or for another purpose, more than a specified quantity of fish or fish belonging to a particular species or more than a specified quantity Act No. 12, 1988 Licensing of implements. Exemptionfrom licensing. Protectionof fish. GOVERNMENT GAZETIE, 23 MARCH 1988 No.1l201 33 SEA FISHERY ACT , 1988 Act No. 12; 1988 5 35 30 25 15 20 10 according to mass, and may in such a notice determine conditions subject to which fish which may be caught, shall be caught; (d) the catching or possessing of fish belonging to a particu lar species and which 15 less than -11 specified size or which does not conform to any other specified biologi cal characteristic; (e) the removal from one place to another of fish or fish belonging to a particular species or a product. thereof, with a view to the protection of the relevant fish re source, except on the authority of a permit issued by the director-general and in accordance-with the con ditions determined by him in the permit; (f) the catching of fish or fish belonging to a particular species by any person other than a fisherman to whom a licence has been issued in terms of this Act; (g) fishing boats, including fishing boats of foreign states which are authorized to fi~h in any manner in the fishing zone, excluding the territorial waters, from catching fish unless (i) the master of such fishing boat furnishes the direc tor-general with specific information as set out in the notice, concerning the type of fishing boat, statistics relating to the catch arid catching efforts as well as th~ geographical position of the relevant boat during catches; (ii) an observeror learner-observer designated by the director-general is present on the fishing boat; and (iii) the total catch or a portion of the catch by such a fishing boatis landed ina harbour in the Republic determined by the director-general; (h) the supply or arrangements for the supply of ships' stores, excluding medical supplies, without the appro val of the Minister of Finance, to a fishing boat, factory or vessel registered or licensed itt a foreign state and used as a fishing boat or factory . (2) A notice under subsection (1) (h) may, with the approval of the Minister of. Finance, impose a levy on ships' stores to which it applies and may-determine the manner.in which and the 40 person by whom the levy shall be collected. (3) A notice under subsection (1) is applicable to both local and foreign fishing boats: Provided that the. Minister may in that notice on the conditions determined by him grant exemption from the provisions of such notice in respect of specified quanti 45 ties of fish caught for a specified purpose. 34. (1) The Minister may by notice in the Gazette- Marinereserves. (a) set aside an area as a marine reserve for the protection within such reserve, of fish in general or fish belonging to a particular species or any aquatic plant; and 50 (b) assign a name to such reserve in the notice. (2) A notice under subsection (1) (a) shall contain a description of the boundaries of the area which is set aside; (b) may stipulate which fish or aquatic plants, if any, may 55 be caught or collected or may not be caught or col lected; and (c) may determine the conditions on which such fish may be disturbed or caught. (3) The stipulations contemplated in subsection (2) (b) shall 60 be made according to a management plan approved by the Min ister in respect of a marine reserve. (4) The director-general may in a marine reserve perform any act or allow the performance of any act and take any measures GOVERNMENT GAZETIE. 23 MARCH 1988 No. 11201 35 SEA FISHERY ACT , 1988 which are not incompatible with the objects for which the re serve has been set aside. (5) No marine reserve or any part thereof shall be withdrawn from such setting aside except with the approval, by resolution, 5 of Parliament, and the Minister shall by notice ill the Guzeue give notice of such withdrawal. 35. (1) Notwithstanding anything to the contrary contained in this Act, the Minister may, after consultation with the advisory committee, by notice in the Gazette to (a) (i) prohibit the licensees in respect of fishing boats, including fishing boats of foreign countries, from (aa) catching during the course of any specified period any fish or fish belonging to a particu lar species; or 15 (bb) catching jointly during the course of any or a specified year or any other period, in general or within a defined area, a greater quantity than a specified quantity of any fish or fish be longing to a particular species; 20 (ii) prohibit the catching of fish or fish belonging to a particular species, in general or. within a defined area, except by (aa) a person mentioned in the notice (in subsec tion (2) referred to as an authorized person) 25 and in the quantity, during the period and in accordance with' the other conditions set out in the notice: or (bb) a person who is in possession of a permit is sued by the Minister which authorizes him to 30 catch a specified quantity of fish or, fish be longing to a particular species, during the periodand in accordance with the other con ditions set out in the permit; (b) prohibit or regulate 'the delivery of any fish, in general 35 or within a defined area, fish belonging to a particular species or a product thereof, to any person or persons belonging to a particular category of persons; irrespec tive of whether the delivery takes place by a person who caught the fish or who acquired it from some other 40 person; (c) (i) prohibit the owner of a factory or a factory. belong ing to a particular category of factories specified in the notice, or another person in charge of such a factory, from 45 (aa) receiving, processing or manufacturing in that factory during the course of any or a specified year or any other period. any fish, fish belong ing to a particular species or a specified prod uct thereof; or 50 (bb) jointly receiving, processing or manufacturing in that factory during the course of any or a specified year or any other period, a greater quantity of any fish" fish belonging to a par ticular species or any specified product there 55 of, than a quantity specified; (ii) prohibit the receiving, processing or manufactur ing, as the case may be, of fish, fish belonging to a particular species or a specified product thereof, except in 60 (aa) a factory specified in the notice (in subsection (2) referred to as an authorized factory) and in the quantity, during the period and in accordance with the other conditions specified in the notice; or 65 (bb) a factory in respect of which a permit has been issued by the Minister, authorizing the receiv ing or processing in the quantity, during the Act No. 12, 1988 Restrictions on quan tity of fish which may be caught or pro cessed. GOVERNMENT GAZETTe, 23 MARCH 1988 No. 11201 37 5 10 SEA FISHERY ACT, 1988 period and in accordance with the other con ditions specified in the permit, of fish or fish belonging to a particular species or the manu facturing of a specified product thereof; (d) prohibit any person or persons belonging to a particular category of persons from using, in general or in any defined area and outside any period referred to in para graph (a) (i) (aa) of this subsection, any fishing boat or other vessel for the catching or processing of fish be longing to a particular species or for the manufacturing of a specified product thereof. (2) If an authorized person referred to in subsection (1) (a) (ii) (aa), a person to whom a permit referred to in subsection (1) (a) (ii) (bb) has been issued, the owner or person in charge of an 15 authorized factory referred to in subsection (1) (e) (ii) (aa) or the holder of a permit in respect of a factory referred to in sub section (1) (e) (ii) (bb) (a) contravenes or fails to comply with any condition stipu lated in the notice in question or permit, as the case 2U maybe; or (b) is convicted of any other offence in terms of this Act, the Minister may by notice sent by registered post to such per son (i) cancel the authority in question; 25 (ii) cancel the permit in question; or (iii) reduce the quantity of fish which may in terms of the authority or permit in question be caught, received or processed, Act No. 12, 1988 30 35 40 45 50 55 60 65 36. (1) The Minister may by notice in the Gazeue-« (a) prohibit any fisherman from delivering any fish or fish belonging to a particular species to any person other than a person approved by the Minister, for this pur pose or belonging to a particular category of persons so approved by him, Of .from offering for sale. and deliv ering any such fish in the ordinary courseoftrade, ex cept under the authority of a permit issued by the Min ister; (b) prohibit an approved person or a person belonging to an approved category of persons referred to in para graph (a) from acquiring fish or fish belonging to a par ticular species from any person, other than a fisherman entitled to catch it; (e) prohibit an approved person or a person belonging to an approved category of persons referred to in para graph (a), any other person Or the owner or person in charge of a factory, from disposing of fish or fish be longing to a particular species or any. product thereof acquired by him, 'otherwise .than under the authority of apermit issued by the Minister; (d) prohibit a person or persons. belonging to. a particular category of persons, from acquiring fish belonging to a particular species or a product thereof, for .own use or for sale, from any person other than the person ap proved or a person belonging to an approved category of persons referred to in paragraph.(a) ; (e) prohibit an approved person .or a person belonging to an approved category of persons referred to in para graph (a), from disposing during a specified period more than a specified .quantlty of fish, belonging to a particular species or a product thereof; and . (f) prohibit an approved person or a person belonging to an approved category of persons referred to in para graph (a), from acquiring from or delivering to any per son fish belonging to a particular species,or, a product thereof. Control over disposal offish. GOVERNMENT GAZETTE, 23MARCH 1988 SEA FISHERY ACT, 1988 (2) (a) A notice under subsection (1) may apply in general or in respect of any defined area. (b) The Minister may in writing and subject to the con ditions determined by him, exempt any person from 5 any provision of a notice under subsection (1). (3) A notice under subsection (1) (a) or (e) may prescribe the fees which are payable in respect of the issue of a permit refer red to in that subsection. (4) A permit referred toIn subsection (1) (a) or (e) may speci 10 fy the period for which it shall be valid, the quantity of fish or fish products which may be sold, delivered or disposed of for sale, the manner in which and conditions on which it may be so sold, delivered or disposed of and the fees payable at the issue of the permit. 15 (5) If the holder of a permit referred to in subsection (1) (a) or (c)-' (a) contravenes or Jails to comply with any condition on which the permit was issued; or (b) is convicted of an offence in terms of this Act or the 20 Standards Act;'1982 (Act No. 30 of 1982), pertaining to the fish or fish products in question, the Minister may by notice sent by registered post to the holder of such permit (i) amend any condition of the permit; 25 (ii) .reduce the quantity of fish or fish products which in terms of the permit may be delivered or disposed of for sale; or (iii) cancel the permit. (6) If the conviction by virtue of which steps were taken in 30 terms of subsection (5) is set aside, such steps shall become an nulled on the date on which the conviction is set aside. (7) (a) The Minister may, at the request of all parties involved in an agreement; if the parties cannot agreeon a price, determine the minimum price at which fishermen may 35 deliver fish belonging to a particular species or a prod uct thereof, to a quota holder. (b) A determination of a minimum price by the Minister under paragraph (a) is final. 37. (1) The Minister may, subject to the provision's of any 40 other law pertaining to the import and export of goods and with a view to the protection and. utilization of any fish resource, by notice in the Gazette prohibit that fish, fish belonging to a par ticular species or a particular fish product be exported in general or to a specified country or area 45 (a) except on the authority of a permit issued by him; or (b) unless it has been approved for export by a person as sigried by him for that purpose. (2) The Minister may by notice sent to him by registered post order any person who exports or has exported fish.: to fumish SO the director-general or any' other person mentioned in the no tice, at specified times, with the particulars mentioned within a specified period in respect of fish or fish products which such person has available for export. (3) A permit referred to in subsection (1) (a) may deter 55 mine (a) the quantity of fish or fish products which may be ex ported; (b) the period within which, the place from where, the country or area to where and the-manner iOWliich the 60 export shall take place; and (c) such other conditions as the Minister may deem fit. (4) The provisions of section 36 (5) and (6) are applicable mu tatis mutandis in respect of a permit issued In terms of subsection (1) (a), the export of any fish or fish products in accordance with 65 such permit and the issue of a permit. No. 11201 39 ActNo.12, 1988 Control over export offish. GOVERNMENTGAZEITE, 23MARCH 1988 No. 11201 41 SEA FISHERY ACT ,1988 PART IX CONTROL OVER CERTAIN orasa MARINE RESOURCES 38. (1) Notwithstanding the provisions of the Sea-shore Act, 1935 (Act No. 21 of 1935), and subject to the provisions of any 5 regulation made under section 45, no person shall collect and re move or cause to be collected and removed any aquatic plants or shells from the sea or the sea-shore, except for his own use and in the preScribed quantities, without being the holder of a permit issued by the Minister and otherwise than in accordance with the 10 conditions contained in the permit. (2) The Minister may, subject to such conditions and on pay ment of such fees as determined by him With the concurrence of the Minister of Finance,on application by anyperson, issue a permit for the collection and removal of aquatic plants or shells 15 from the sea or the sea-shore: Provided that <' (a) before issuing a permit in respect of an area situated in or bordering ori the area of jurisdiction of a local auth ority, he shall consult that local authorityr , (b) if he is of opinion that the issue of a permit will en 20 croach upon the enjoyment of the sea or the sea-shore by the general public or upon the rights of ari interested person in the area concerned, he shall.direct.the appli cant to (i) notify the interested person in writing of his appli 25 cation; and (ii) cause, a notice drawing the attention of the public to his application to be published in an Afrikaans and English newspaper circulating in- the area in question, 30 in which they are, requested to submit; in writing to the director-general, for> the .Minister's .decision within a specified period of at least 30 daysfrom.the date of the notice, any objections to his application. (3) A permit, concession or agreement with relation to the 35 collection or removal of aquatic plants orshellsfrcm the sea or from the sea-shore or a delegation of any power to' it local auth ority in respect thereof in terms of the Sea-shore Act; 1935 (Act No. 21 of 1935), the Sea Fisheries Act,1940 (Act' No. '10 of 1940), or the Sea Fisheries Act; 1973, (Act No. 58 of 1973), 40 which was still in force immediately before the commencement of this Act, shall be deemed respectively to be a permit issued or a delegation made in terms of this Act. 39. (1) A permit issued to any person authorizing the perform ance of any act which under this Act may be performed under 45 the authority of such permit, shaIl (a) be issued for an indefinite or specified period; (b) be issued subject, to .the conditions determined by the Minister or the director-general, as the .case may be, which shall be contained in the permit; 50 (c) be issued subject to the payment of the, prescribed fees (if any), or the fees determined by agreement with the approval of the Minister- of Finance, as the case may be. (2) A permit referred to in subsection (1) may at any time be 55 amended or cancelled by the .Minister or the director-general, according to who issued it. 40. (1) Notwithstanding any provision to the contrary con tained in any law, no person to whom. a licence or permit has been issued in terms of any: provision of thIs Act,' may transfer 60 such licence or permit to ariy other person without the consent of the director-general, and then Olley subject to the conditions determined by him. " .," (2) Any person who has applied In accordance with the provis ions of this Act for the issue of a licence or permit by the direc ActNo. 12, 1988 Control over collec tion and removal of aquatic plants and shells. Issue of permits, Transfer of permits and appeal to Minis ter. GOVERNMENT GAZETTE, 23 MARCH 1988 No.l!20! 43 SEA FISHERY ACT, 1988 rector-general, and who feels aggrieved by the decision of the director-general in relation to (a) the refusal to issue a licence or permit in accordance with such application; or 5 (b) a condition on which such licence or permit has been is sued, may appeal against such decision to the Minister in the pres cribed manner and within the prescribed period, and such per sun shall Iurnish the reasons on the basis of which the appeal is 10 made. (3) The Minister shall consider an appeal under subsection (2) and may, subject to the conditions determined by him, ratify, set aside or amend the decision, and the director-general shall no tify the appellant of such ratification, setting aside or amend 15 ment in writing. PART X Act No. 12, 1988 MISCELLANEOUS PROVISIONS 41. (1) The Minister may, subject to the conditions deter- Exemptions. mined by him, exempt in writing 20 (a) any person who conducts scientific investigation, ex perimentation or research; or . (b) a particular category. of persons who may or shall per form any act under. any other law which ,would be or might result in a contravention of this Act, 25 from any of or all the provisions of this Act in conducting such investigation, experimentation or research or in the performance of any such act, and may at any time so cancel or amend an exemption so granted by him. (2) If in the opinion of the Minister there are! sound reasons 30 for doing so, he may, subject to the conditions determined by him, in writing exemptany person or local authority from a pro vision of this Act, and he may at any time cancel or amend an exemption so granted. 42. The Minister may, subject to the provisions of the Statis- Obtaining of infor 35 tics Act, 1976 (Act No. 66 of 1976), direct any person or particu- mation by Minister. lar category of persons carrying on any business or engaging in any activity in connection with the catching, transportation, treating, processing, re.ftigeration, timing,. coIfection or removal, as the case may be, of fish, fish products, aq.uatic plants 40 or shells, to furnish him within the period specified in the direc tion with such information in respect of that business or activity as may be so specified and may be considered necessary for the purposes of the administration of the provisions of this Act. 43. (1) The State President may by proclamation in the Ga- ~dop\ionorra!ifica. 4Szetle add to this Act any Schedule in which a translation of any t1on?fconventlons, . . I . fish ueanes or agrCG convention, treaty or agreement re ating to sea ery matters rnents. which has been accepted by the Republic or adopted or ratified on behalf of the Republic is included. (2) The State President may do all things necessary 50 (a) to ratify or cause to be ratified on behalf of the Repub lic any amendment of any convention, treaty or agree ment referred to in subsection (1); or (b) to ratify or cause to be ratified on behalf of the Repub lic any convention, treaty or agreement which may 55 from time to time be adopted in substitution of a con vention, treaty or agreement accepted or ratified on be halfof the Republic; and may by proclamation in the Gazette (i) amend the appropriate Schedule to this Act to give ef 60 feet to any amendment ratified under. paragraph (a); and (ii) substitute for the convention, treaty or agreement ap pearing in the appropriate Schedule to this Act, the convention, treaty or agreement which has been ra~ 65 tified in terms of paragraph (b). GOVERNMENT GAZETrE, 23MARCH 1988 No. 11201 45 SEA FISHERY ACT, 1988 (3) The Minister shall lay a copy of any proclamation issued under subsection (1) or (2), on the Table in Parliament within 14 days after publication of such proclamation in the Gazette if Par liament is then in ordinary session or, if Parliament is not then in 5 ordinary session, within 14 days after the commencement of its next ensuing ordinary session. Act No. 12, 1988 44. Any person who feels aggrieved by a decision of a person Appeal by aggrieved to whom any power has been delegated under section 4 (1), (2) person. or (3), may appeal in the prescribed manner and within the pre 10 scribed period to the director-general or the Minister, according to who delegated the power, and shall furnish the prescribed in formation at the time of appeal. PART XI REGULATIONS, TARIFFS AND FEES 15 45. (1) The Minister may make regulations with regard to- Regulations. (a) any matter which in terms of this Act shall or may be prescribed by regulation; (b) the nature and construction of any implement or appa ratus which mayor shall be used in connection with the 20 catching of fish and the handling; or, determination of the mass, thereof at a factory or which-may not be so used; (e) the methods whereby fish or fish belonging to a particu lar species shall be caught or may not be caught; 25 (d) the manner in which the size of fish shall for the pur poses of this Act be determined; (e) the method by which the mass of fish which has been caught shall be determined, the condition or form in which such .fish shall be when landed and the mass is 30 determined, and the apparatuses which shall be used for the landing, or the determination of the mass, of fish; (f) the manner in which boundary beacons, buoys, notices, notice boards or other marks used in connection with 35 the catching or protection of fish shall be placed, main tained, used, protected and controlled: (g) the circumstances in which fish which, has been caught shall be returned to the sea or may not be returned to the sea or shall be released from an implement or may 40 not be released; (h) the disposal of fish seized or forfeited or declared for feited in terms of this Act; (i) the control over and management of a fishing harbour; (j) the use of a fishing harbour or any part thereof by ves 45 sels other than fishing boats. or .factories Iicensed in terms of this Act; (k) the prohibition from entering or access to any fishing harbour of any fishing boats or other vessels registered or licensed in any foreign state or owned by the citizens 50 thereof or in which a foreign state or its citizens have a controlling interest or which a foreign state or its citi zens hold under charter; . (l) the regulation and control of fishery development and fishery research, fish, fish resources, fishing techniques 5S or the marine environment; (m) any other-matter which he may deem desirable for the conservation or protection offish or fish food; (n) the making of surveys and the gathering of information regarding 60 (i) the requirements and; demand in respect of fish products; (ii) the potential of fish resources; and (iii) the catching, transport,treating, processing, reo frigeration, freezing or removal of fish,fish prod 6S ucts, aquatic plants or Shells. GOVERNMENT GAZETIE, 23MARCH 1988 No. 11201 47 SEA fISHERY ACT, 1988 Act No. 12, 1988 including regulations providing for (aa) the registration of persons involved in any of the said activities; (bb) the inspection of any fishing boat or factory; .5 (cc) the collection of data by persons involved in the said activities, the records which shall be kept and the returns which shall be rendered to the director general by such persons and the times when such returns shall be submitted; 10 (0) the constitution, quorum, functions and procedure at meetings of a committee appointed by the director-gen eral under section 21 (2), the term of office of the members thereof and, with the concurrence of the Min ister of Finance, the allowances and remuneration pay 15 able to such members not in the full-time employment of the State; (p) the identification of fish or products of fish which are packed, in order to exercise control over the utilization of a fish resource; and 20 (q) the application of the provisions of any convention, treaty or agreement with relation to sea fishery matters which has been adopted or ratified on behalf of the Re public or has beenaccepted by the Republic. (2) Different regulations may be made under subsection (1) in 25 respect of different areas or different species of fish or different fish products or such other matters as the Minister may deem necessary. (3) A regulation made under subsection (1) may provide that a person who contravenes or fails to comply with a provision 30 thereof, shall be guilty of an offence and on conviction be liable to a fine not exceeding R6 000 or imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 46. The Minister may, with the concurrence of the Minister of Tariffs and fees. Finance, determine the fees payable in respect of~ 35 (a) the issuing of any licence or permit required in terms of thia Act and in respect of which fees are payable; (b) the use of a fishing harbour or the facilities available in such harbour; and (e) levies on fish, fish products or the other marine re 40 sources to which this Act is applicable. PART XII OFFENCES AND PENALTIES, FORFEITURE AND SEIZURE, AND PAY MENTOI' RnMUNERATION TO INFORMANT I 47. (1) Any person who- Offences and 45 (a) catches or kills fish by means of any poison or narcotic penalties. substance; (b) catches or kills fish by detonating any substance in the sea' (c) cat~hes fish by means of any implement other than an 50 implement prescribed in respect thereof; (d) catches fish by means of any method other than a meth od prescribed in respect thereof; (e) catches or has in his possession any fish of which the size is less than the size prescribed in respect thereof or 55 which does. not comply with the other biological re quirements or characteristics prescribed in respect thereof; (f) possesses, sells or displays or offers for sale any fish or any portion of fish the catching ofwhich is prohibited 60 by this Act; (g) contravenes the provisions of sections 30 (1) and (6), 31 and 38 (1) or of a notice issued in terms of section 33, OOVERNMENTOAZETIE. 23 MARCH 1988 No. 11201 49 SEA FISHERY ACf, 1988 Act No. 12, 1988 35 or 36 or fails to comply with an order referred to in section 21 (3) (aj; (h) without being the holder of a permit as provided by this Act, performs any act for which a permit is required or 5 contravenes or fails to comply with a condition on whichthe permit was issued; (i) returns to the sea or abandons in any other place any edible and marketable dead fish; (j) exports or imports any live fish, except in terms of a 10 permit issued by the Minister or his delegate, or other wise than in accordance with the conditions on which the permit was issued; (k) dumps or allows to enter or permits to be dumped ur discharged in the sea anything which is or may be inju 15 rious to fish, fish food or aquatic plants, or which may disturb or change the ecological balance in any area of the sea, or which may detrirnentaliy affect the market ability of fish or aquatic plants, or which may hinder the catching of fish; 20 (l) fails to comply with any requirement or order by a fishery control officer, police officer or honorary fishery officer under this Act, or gives any false information in response to such a requirement or order; (m) resists or hinders any fishery control officer, police 25 officer or honorary fishery officer in the exercise of any power or the performance of any duty in terms of this Act; (n) falsely represents himself to be a fishery control officer or an honorary fishery officer; 30 (0) uses any fishing boat without the consent of the owner or master thereof; (p) allows any fishing boat of which he is the licensee to be used for the catching of fish in contravention of the provisions of this Act, 35 shall be guilty of an offence and liable on conviction to a fine not exceeding R15 000 or to imprisonment for a-period not exceed ing five years or to both such fine and such imprisonment: (2) (a) If any person is convicted of an offence in terms of this Act, the court shall summarily enquire into and deter 40 mine the monetary value of any advantage which he may have gained in consequence of that offence, and, in addition to any other punishment that may be im posed in respect of that offence, impose a fine equal to the amount so determined and, in"default of payment 45 thereof, imprisonment' for a .periodnot exceeding one year. (b) A magistrate's court shall have jurisdiction to impose an additional penalty referred to in paragraph (a), even though that penalty may, either alone or together with 50 any other punishment imposed by the court, exceed the punitive jurisdiction of a magistrate's court. Forfeiture and seizure. in the case of a first conviction, declare any fish, aquatic plants,' shells or implement in respect of which the offence was committed or which wasused in con nection with the commission thereof; or any rights of the convicted person' thereto, to be forfeited to the State; and in the case of a second or subsequent conviction, de clare such fishing boat; vessel or vehicle so used, or any rights of the convicted personthereto,' to he forfeited to the State; and' cancel, or' suspend for such 'period as the court may think fit, any registration done in respect of the convicted person or any licence or permit issued or granted to him in terms ofthis Act. (b) 48. (1) The court convicting anyperson ofan offence in terms of this Act may, in addition to any other penalty it may im 55 pose (a) 60 65 GOVF.R.NMENT GAZETfE. 23 MARCH 1988 No.1l201 51 SEA FISHERY ACT, 1988 (2) (a) A declaration of forfeiture in terms of section (1) shall not affect any rights which any person other than the convicted person may have to such boat, vessel, vehicle or implement, if it is proved that he had taken all 5 reasonable steps to prevent the use thereof in connec tion with the offence or could not have prevented the commission of the offence. (b) The provisions of section 35 (4) of the Criminal Pro cedure Act, 1977 (Act No. 51 of 1977), shall mutatis 10 mutandis apply in respect of any such rights. (3) Any fish, aquatic plants, shells, fishing boat, vessel, vehicle or implement or any right thereto forfeited to the State under the provisions of this section, may be sold or destroyed or may be dealt with in such other manner as the Minister may direct. 15 49. The director-general may, trom moneys appropriated by Parliament for the purpose and with the concurrence of the Min ister of Finance, pay to any person, excluding a person in the employment of the State, who furnished him with any informa tion or material of proof, with relation to an offence in terms of 20 this Act, irrespective of whether such information or material of proof has led to a prosecution and conviction. before a compet ent court, a remuneration in cash which, in the opinion of the di rector-general. is reasonable and fair in tbe circumstances. PARTXIlI 25 JURISDICITON, EVIDENCE, LIMITATION OF LlABILI1Y, FOREIGN VESSELS IN FISHING ZONE, POWl'RS OF FrSHFRV CONTROl. OFFlCF.RS AND POLlCE OFFICERS, AND APPLICATION OF Acr SO. (1) If any person is charged with having committed any of fence. in terms of this Act on or in the sea. any court whose area 30 of jurisdiction borders on or includes any part of the sea. in the vicinity where the offence has allegedly been committed, shall be competent to try the charge, and the offence shall, for all purposes connected with or consequential upon the trial of the charge, be deemed to have been committed within the area of 35 jurisdiction of that court. (2) If any fishing boat, vessel or vehicle has been used in con nection with any offence in terms oftliisAct, or if any fish or irriplement in r~pect of or by means of which an offence in terms of this Act has been committed, is found or proved to 40 have been upon or in any fishing boat, vessel or vehicle, any per son who wason.board such fishing boat or vessel or in or on the vehicle at the time when the offence was committed, shall be deemed to be guilty of that offence, unless heproves that he did not commit the offence, did not take part in the commission 45 thereof and could not have prevented the commission thereof.. (3) In any prosecution for a contravention of this Act (a) based on any act alleged to have been performed in a particular area, the act in question shall be deemed to have been performed in such area; 50 (b) any information obtained by means of any instrument or chart used to determine any distance or depth, shall be deemed to be correct, unless the contrary is proved. (4) If in any prosecution for an offence in terms of this Act it 55 is proved that in any area in the sea within a distance of eight kilometres from any factory, including any factory other dian that defined in section 1, or any other installation,. any fish or fish food has been or is being injured or has died or is dying or the marketability thereof or of aquatic. plants has been or is be 60 ing adversely affected, or the ecological balance has been 9r is being disturbed or changed, it shall be presumed, until the con Act No. 12, 1988 Payment of remuner ation to informant. Jurisdiction and evi dence. GOVERNMENTGAZETIE, 23 MARCH 1988 No. 11201 53 SEA FISHERY ACT, 1988 trary is proved, that it has been or is being caused by something discharged from that factory or installation into the sea. (5) In any prosecution for an offence in terms of this Act, it shall he no defence that the accused had no knowledge of some 5 fact or other or did not act intentionally. Act No. 12, 1981' 51. (1) The State, the Minister, a member of the board or any Limitation of person in the employment of the State shall not be liable by vir- liability. tue of anything done in good faith under the provisions of this Act. 10 (2) The State, the Minister or any person in the employment of the State shall not be liable (except in the case of any inten tional act or omission on the part of any such person) to any per son who, except in the performance of any duty or function in terms of this Act or any other law 15 (a) makes use of any aircraft, fishing boat, vessel or vehicle which is the property or under the control of the State; (b) is present in any fishing harbour or on an island; or (c) leaves any fishing boat or vessel or any other property in a fishing harbour or makes use of the facilities of a 20 fishing harbour, or to the spouse or any dependant of any such person, for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to any property caused by or arising out of or in any manner connected with the use of any aircraft, fishing 25 boat, vessel or vehicle referred to in paragraph (a), the presence referred to in paragraph (b) or the presence of any property or the use of any facilities referred to in paragraph (c). 52. (1) Subject to the provisions of sections 29, 31, 33 and 35, the Stat~ President mayan the conditions determined by him 30 enter into an agreement With a' foreign state whereby a vessel registered in that foreign state are permitted, subject to the pro visions of this section, to operate as a fishing boat or factory within the fishing zone; excluding the territorial waters. (2) If an agreement contemplated in subsection (1) provides 35 that a vessel registered in the foreign state in question may be used as a fishing boat or factory within the fishing zone, exclud ing the territorial waters, the Minister may direct the director generalto issue on application by the owner of that vessel a per mit in respect of that vessel authorizing it to be so used as a 40 fishing boat or factory. (3) A permit contemplated in subsection (2) shall be issued for such period, subject to. such conditions and restrictions and against payment of such fees as may be determined by the Min ister with the concurrence of the Minister of Finance, and the 45 Minister may at any time and at his own discretion cancel such permit and so amend or alter such conditions, restrictions or fees. (4) Any person who uses a vessel registered in a foreign state as a fishing boat or factory 50 (a) within the territorial waters; (b) within the fishing zone, excluding the territorial waters, without a permit being issued in terms of subsection (2); (c) within the fishing zone; excluding the territorial waters, 55 in contravention of or non-compliance .with any con dition on which a .permit has been issued in terms of subsection (2) in respect thereof, shall be guilty of an offence and liable on conviction to a fine not exceeding RlOO 000 or to imprisonment for a period not exceed 60 ing seven years or to both such fine and such imprisonment. Use of foreign vessels as fishing boats and factories in fishing zone. GOVERNMENT GAZETIE. 23MARCH 1988 SEA FISHERY xcr .1988 No. 11201 55 Act No. 12, 1988 5 10 15 20 25 30 35 40 45 . 53. (1) A fishery control officer ge!lerally or specially author ized thereto by the Minister, and a police officer may (a) board any fishing boat or vessel, enter any factory, any premises or place used for the storage or sale of fish, fish products aquatic plants or shells and enter any ve hicle used f~r the transport or sale of fish, fish prod ucts, aquatic plants or shells, and perform on such fishing boat, premises, place, vessel or vehicle or in that factory such acts as may be necessary to ascertain whether the provisions of this Act were or are being complied with; (b) examine any implement or object which he has reason able grounds to suspect is being used or intended for use in the catching or handling of fish, the processing of fish products or the collection of aquatic plants or shells; (c) subject to the provisions of subsection (3), if he has reasonable grounds to suspect that an offence in terms of this Act has been committed in respect of fish, fish products, aquatic plants or shells or has been or is about to be committed in respect of or by means of any implement, and that such fish, fish products, aquatic plants, shells or implement is upon any premises or at any place or upon any fishing boat, vessel or vehicle or in any factory, at any time enter upon and search such premises, place, fishing boat, vessel, vehicle or factory and search any person thereupon or therein,and seize any such fish, fish products, aquatic plants or shells, implement, fishing boat, vessel or vehicle, as well as any books or other documents on or in such premises, place, fishing boat, vessel or vehicle or in such factory; (d) if he has reasonable grounds to suspect that any fishing boat, premises, place, vessel, vehicle or factory has been or is being used in connection with any offence in terms of this Act, or that any fish, fish products, aquat ic plants or shells, or implement as to which there are reasonable grounds for suspecting that an offence in terms of this Act has been committed in respect thereof or by meansthereof, is or has been on any fishing boat, premises, place, vessel or vehicle or in any factory, re quire the persons on such fishing boat, premises, place, vessel or vehicle or in such factory, to furnish him with their names and addresses or require the licensee of such fishing boat to furnish him with the names and ad dresses of the master and of the members of the crew of such fishing boat; (e) by a prescribed signal order the master of a fishing boat to stop such boat or to sail to a harbour indicated by the fishery control officer or police officer; Powersof fishery control officers and policeofficers. 50 (f) order the master of a fishing boat to remove it at a specified time from a fishing harbour or not to bring it into a fishing harbour (i) if the fishing boat is a fishing boat referred to in this subsection; or 55 (ii) if, irrespective of where the fishing boat is regis tered, any person who is or at any time was a member of the crew of such fishing boat, was at any time convicted, in terms of a law which is or was in force in the Republic, of any offence com 60 mitted on such fishing boat while it was within the fishing zone; or (iii) if, irrespective of where the fishing boat is regis tered, the fishing control officer or police officer is satisfied, upon reasonable grounds, that such No.H201 57GOVERNMENTGAZEITE, 23MARCH 1988 ~ SEA FISHERY ACf , 1988 Act No. 12, 1988 5 15 45 10 20 fishin~ boat was.at any time use? ~ithin the fishing zone 10 connection with any activity that constitut ed an offence in terms o~ an~ law;. . (g) question any person wh?, 10 hIs. OPlOl~n, may be ca PQ?le of furnishing any lOforma~lon whlc~ he may re quire, and for that purpose require a fishing boat, ves sel or vehicle to bestopped; (h) require any person to produce to h.im ll;11y invoices/ de livery notc:; or other documents In his pOssession in ~n~ection with any fish or fis? products which are or ~ his opinion may be th~ sU?Je~ of ~y criminal case 10 terms of this Act and 1D his discretion seize such in voices, notCl> or oth~r documents for submission to and disposal of by a court; (i) require any person employed on a fishing boat, vessel or vehicle Or at or in a factory, to assist him in the examination of any container. implement or fish on such fishing boat, vessel or vehicle or ~~ such factory, in order to ascertain whether the prOVISIons of this Act have been complied with in .connection therewith, (2) A fishery control officer shall in the exercise of his powers ?nder ~ubsection (1), be deemed to be a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). 25 (3) Whenever any fishery control officer or police officer exer cises any of his powers under this section, he may only enter or search a dwelling in accordance with the provisions of the Crimi nal Procedure Act, 1977. (4) The powers conferred by subsection (1) may, in respect of 30 any fishing boat licensed in terms of this Act or any vessel used as a fishing boat in the fishing zone, and in respect of any person or any fish or implement thereon, be exercised also outside the fishinazone. (5) Any fish, fish products, aquatic plants or shells or imple 35 ment seized under subsection (1) (e), shall be forfeited to the State: Provided that (a) in the event of the fish, fish products, aquatic plants or shells or implement forming the subject of a -p;osecu tion, the court may set aside the forfeiture; and (b) in any other case the Minister may set aside the forfeit ure, if the owner of the fish, fish products, aquatic plants or shells or implement, as the case may be, satis fies the Minister, within 30 days after the seizure, that no offence was committed by him or by any other per son with his knowledge or consent, in respect of the fish, fish products, aquatic plants or shells or by means of the irnplement: Provided further that fish, fish products, aquatic plants or shells so seized may be sold or destroyed at any time after the seizure, 50 and if the forfeiture is set aside in terms of paragraph (a) or (b), the proceeds of the sale (if any) shall be handed over to the owner. 40 55 54. This Act shallalso.apply t(} (a) the PrinceEdward Islands as defined in section 1 of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948); (b) the harbour and settlement of Walvis Bay; and (e) the islands and rocks mentioned in Schedule 2. Application of Act to Prince Edward Islands, Walvis Bay and certain islands and rocks. PART XIV REPEAL OF LAWS, AND SAVINGS, SHORT Trru: AND CoMMENCE 60 MENT 55. (1) Subject to the provisions of subsection (2) the laws Re~al~flaws, mentioned in Schedule 1 are hereby repealed to the extent indi- an savings. cated in column 3 thereof. GOVERNMENTGAZETfE, 23MARCH 1988 No.l120l 59 SEA FISHERY ACf .1988 (2) A registration of, or any licence in respect of, a fishing boat, factory or implement and any permit or permission for the performance of any act in connection with fish or fish products under any provision of a law referred to in subsection (1), shall 5 be deemed to be an appropriate registration, licence, permit or permission in terms of the corresponding provision of this Act (if any), respectively, for the unexpired portion of the period for which it would have been valid had this Act not been passed. 56. (1) This Act shall be called the Sea Fishery Act, 1988, and 10 shall come into operation on a date fixed by the State President by proclamation in the Gazette. (2) Different dates may be determined in terms of subsection (1) in respect of different provisions of this Act. ActNo. 12, 1988 Short title and commencement. GOVERNMENT GAZEITE, 23 MARCH 1988 No. 11201 61 SEA FISHERY ACT ,1988 Schedule 1 Act No. 12, 1988 No. and year of law Act 58of 1973 .. Act 57of 1975 . Act 22of 1976 . Act 99of 1977 . Act 86of 1978 . Act61of1979 . Act 33of 1983 . snon title Sea Fisheries Act, 1973 General Laws Amendment Act, 1975 Sea Fisheries Amendment Act, 1976 Sea Fisheries Amendment Act, 1977 Fishing Industry Development Act, 1978 Sea Fisheries Amendment Act, 1979 Sea Fisheries Amendment Act, 1983 Schedule2 Extent of repeal The whole. Sections 44 and 45. The whole. The whole. In so far as it has not been repealed by any previous Act. The whole. The whole. Name or description of island Situation 1. Bird Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • .. Algoa Bay. 2. Stag Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Algoa Bay. 3. Seal Island Algoa Bay. 4. Black Rocks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Algoa Bay. 5. St. Croix Island Algoa Bay. 6. Brenton Rock Algoa Bay. 7. JahleelIsland (also known as Jackell Island) Algoa Bay. 8. Seal Point. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Near Krommebaai, Humansdorp district. 9. CapeSeal Plettenberg Bay. 10. Walker Point and Seal Ledges. . . . . . . . . . . . . . . . . Knysna district. 11. Seallsland MosselBay. 12. Rocks at mouth of Ratel River. . . . . . . . . . . . . . . . . Bredasdrop district. 13. Voelstene.................................. Near Buffeljacht, Bredasdorp district. 14. QuoinRock................................ Bredasdorpdistrict. 15. Dyer Island Bredasdorp district. 16. GeyserIsland............................... Bredasdorp district. 17. Seal Rock (also known as Voelsteen) Frikkiesbaai, CaIedon district. 18. SealIsland................................. FaIseBay. 19. Duikerklip................................. Hout Bay. 20. Robbersteen (also known as Seal Ledges) Bellville district. 21. Vogelsteen................................. Blonberg Beach, Cape district. 22. Dassen Island. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MaImesbury district. 23. Yzerklip (also known as Meeuw Rock) . . . . . . . . .. MaImesbury district. 24. Jutten Island Saldanha Bay. 25. Marcuslsland Saldanha Bay. 26. Malagas bland (also known as Malgadllland) . . . . Saldanha Bay. 27. Meeuwen Island (also known as Meeu Island) . . . . Saldanha Bay. 28. Schaapen Island. . . . . . . . .. . . . . . . . . . . . . . . . .. . . Saldanha Bay. 29. Vondelinglsland............................ Near Saldanha Bay. 30. Jacob'sRock Near Saldanha Bay. 31. Paternoster Rocks (also known as Paternoster Is- At Great Paternoster Point, near Saldanha Bay, He land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. pefield district. 32. Penguin Island (also known as Lambert's I!ay Is- Lambert's Bay. land) . 33. Elephant Rock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Near mouth of Olifants River, Vanrhynsdorp district. 34. Little RoastbeefIsiand . . . . . . . . . . . . . . . . . . . . . . . In Dernburg Bay, coast of South West Africa. 35. Sinclair Island Near Baker Bay, coast of South West Africa. 36. Plumpudding Island . . . .. . . . . . . . . . . .. . . . . . . . . Near Baker Bay, coast of South West Africa. 37. Pomona Island. .. . . . . . . . . . . . . . . . .. . . . .. . .. . . Near Jammer Bay, coast of South West Africa. ~ Alhatr"".Rock: Near Princeof Wales Bay. coastof South West Africa. 39. Possession Island. . . . . . . . . . . . . . . . . . . . . . . . . . .. Near Elizabeth Bay, coast of South West Africa. 40. Long Islands Near Wolf Bay, coast of South West Africa. 41. Halifax Island Near Luderitz Bay. 42. Penguin Island (also known as Pikkewyn Island) . . Luderitz Bay. 43. Seal Island (also known as Rob Island) Luderitz Bay. 44. Ichaboe Island ::. . .. . . . . . . Near Douglas Bay, coast of South West Africa. 45. Mercury Island Spencer Bay, coast of South West Africa. 46. Hollamsbird Island. . . . . . . . . . . . . . . . . . . . . . . . . . Coast of South West Africa.