National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Regulations

Amathole Offshore Marine Protected Area Regulations

1. Definitions
Purchase cart Previous page Return to chapter overview Next page

 

In these regulations, unless the context indicates otherwise, a word or expression that is defined in the Act bears the same meaning in these regulations, and in addition—

 

"Act"

means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);

 

"certificate of competence"

means a certificate of competence as defined in the National Small Vessel Safety Regulations, 2007;

 

"certificate of fitness"

means a certificate of fitness as defined in the National Small Vessel Safety Regulations, 2007;

 

"commercial fishing"

shall have the meaning assigned to it in section 1 of the Marine Living Resources Act;

 

"Controlled Zone"

means an area within a marine protected area where fishing or any other activity in terms of section 48A(1) of the Act may take place if authorised in terms of these regulations as contemplated in terms of section 48A(2);

 

"Controlled-Pelagic Linefish Zone"

means a Controlled Zone within a marine protected area where only pelagic linefishing may occur as detailed in a fish list attached to these regulations as Annexure 2 and includes the GOCPLZ;

 

"environment"

has the meaning assigned to it in section 1 of the National Environmental Management Act;

 

"fish"

means any aquatic plant or animal whether piscine or not, and any mollusc, crustacean, coral, sponge, holothurian or other echinoderm, reptile and includes their eggs, larvae and all juvenile stages, but does not include sea birds, seals or any marine mammal;

 

"fishing" or to "fish"

means—

(a) searching for, catching, taking or harvesting fish or an attempt to undertake any such activity;
(b) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish;
(c) placing, searching for or recovering any fish aggregating device or associated gear, including radio or tracking beacons;
(d) any operation in support or in preparation of any activity described in this definition; or
(e) the use of an aircraft in relation to any activity described in this definition;

 

"fishing permit"

means a commercial, small scale or recreational fishing permit issued in terms of the Marine Living Resources Act, which authorises fishing in the area where the Marine Protected Area is located;

 

"GOCZ"

means the Gxulu Offshore Controlled Zone;

 

"GOCPLZ"

means the Gxulu Offshore Controlled Pelagic Linefish Zone;

 

"GORZ"

means the Gxulu Offshore Restricted Zone;

 

"hovercraft"

means a craft that floats on a cushion of air and is capable of traversing water;

 

"Integrated Coastal Management Act"

means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);

 

"KORZ"

means the Kei Offshore Restricted Zone;

 

"KOCZ"

means the Kei Offshore Controlled Zone;

 

"linefishing"

means fishing by handline or manually operating a rod, reel and line or one or more separate lines to which no more than ten hooks are attached per line;

 

"Marine Living Resources Act"

means the Marine Living Resources Act, 1998 (Act No. 18 of 1998);

 

"Marine Protected Area"

means the Amathole Offshore Marine Protected Area as declared by the Minister in terms of section 22A of the Act;

 

"National Small Vessel Safety Regulations"

means the Merchant Shipping (National Small Vessel Safety) Regulations, 2007, published in terms of section 356 of the Merchant Shipping Act, 1951 (Act No. 57 of 1951) and promulgated in Government Notice No. R. 705 of 8 August 2007;

 

"operate"

in respect of a vessel, includes mooring in the water, moving or drifting in the water and ascending or descending from its mooring, the shore, launch site, a buoy or a jetty;

 

"personal watercraft"

means a vessel that uses an inboard motor powering a water jet pump as its primary source of propulsion, and is designed to be operated by a person or persons sitting, standing, or kneeling on, rather than within the confines of a hull;

 

"recreational fishing"

has the meaning assigned to it in the Marine Living Resources Act;

 

"Restricted Zone"

means an area within the Marine Protected Area where no fishing may take place, but where any other activity in terms of section 48A(1) of the Act may take place if authorised in terms of these regulations as contemplated in terms of section 48A(2);

 

"small-scale fishing or fisher"

has the meaning ascribed to it in section 1 of the Marine Living Resources Act;

 

"specific environmental management Act"

has the meaning assigned to it in the National Environmental Management Act;

 

"SCUBA Diving"

means swimming below the surface of the water, with the aid of compressed or pumped air or other gasses;

 

"SCUBA diving vessel"

means any vessel that carries SCUBA divers and has no fishing gear on board;

 

"Threatened or Protected Marine Species Lists"

means the lists published in Government Gazette 40875 GN 476 of 30 May 2017, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);

 

"vessel"

means a waterborne craft of any kind whether a surface craft or submarine, and whether self-propelled or not, and includes any moored floating structure that can be used as a means of transport by water, and includes a personal watercraft, or hovercraft; and

 

"WGS 84"

means the World Geodetic System of 1984 (G730), which is a geographic co-ordinate system.