National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)RegulationsAgulhas Front Marine Protected Area Regulations5. Use of vessels |
| (1) | No person may moor or anchor any vessel in the Marine Protected Area except— |
| (a) | under conditions of force majeure; |
| (b) | for the use of a vessel by an employee of the Department or any other organ of state acting in the course and scope of their employment or mandate; or |
| (c) | for any vessel which has a permit in terms of these regulations for any activity which requires anchoring or mooring. |
| (2) | Despite subregulation (1), the Minister may, on application and on such conditions as he or she may deem appropriate, authorise the anchoring or mooring of a vessel in the following circumstances: |
| (a) | in an emergency; or |
| (b) | where the Minister may deem it to be necessary in order to ensure the proper management of the Marine Protected Area. |
| (3) | The Minister may verbally authorise a vessel to moor or anchor within the Marine Protected Area as contemplated in subregulation (2), which verbal authorisation must be confirmed in writing within 3 working days. |
| (4) | Any motorised vessel that enters or traverses the Marine Protected Area may not stop for more than 3 minutes or move at less than 5 knots at any time while in the Marine Protected Area, unless authorised in terms of these regulations. |
| (5) | A motorised vessel, prior to entering or while traversing the Marine Protected Area with fishing gear on board must have a Global Positioning System (GPS) Mapping Device with an active trail operational on the vessel, and such GPS data may not be deleted from this device for 7 calendar days after passing through a Restricted Zone. |
| (6) | A motorised vessel required by law to have a Vessel Monitoring System must, when entering or traversing the Marine Protected Area with fishing gear on board, ensure that the Vessel Monitoring System is active. |