National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)RegulationsAliwal Shoal Marine Protected Area Regulations1. Definitions |
In these regulations, unless the context indicates otherwise, a word or expression that is defined in the Act bears the same meaning in these regulations, and in addition—
means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);
means the ‘diver down flag’ used to indicate that diving operations are in progress and other vessels must keep clear;
means Aliwal Shoal Offshore Controlled-Pelagic Linefish Zone;
means Aliwal Shoal Offshore Restricted Zone;
means to feed, chum or bait, or to use any other means, method or device to lure a live specimen of a shark species (Elasmobranchii);
means any net, used for fishing with or without a cod-end or bag, deployed from the shore whether by hand or from a vessel, and then hauled onto the shore or vessel;
means a certificate of competence as defined in the National Small Vessel Safety Regulations, 2007;
means a certificate of fitness as defined in the National Small Vessel Safety Regulations, 2007;
means scenting or using pieces of an animal weighing less than 10 grams, in the water to lure a live specimen of any shark species (Elasmobranchii);
shall have the meaning assigned to it in section 1 of the Marine Living Resources Act;
means an area within a marine protected area where fishing or any other activity in terms of section 48A(1) of the Act may take place if authorised in terms of these regulations, as contemplated in terms of section 48A(2) of the Act;
means the Crown Offshore Restricted Zone;
means a Controlled Zone within the Marine Protected Area where only pelagic linefishing and spearfishing may occur as detailed in a fish list attached to these regulations as Annexure 2 and includes the ASOCPLZ;
has the meaning assigned to it in section 1 of the National Environmental Management Act;
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 any attempt to undertake 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; |
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;
means Green Point Inshore Restricted Zone;
has the meaning assigned to it in section 1 of the Integrated Coastal Management Act;
means a craft that floats on a cushion of air and is capable of traversing water;
means the National Environmental
Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);
means the Illovo Offshore Controlled Zone;
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;
means the Marine Living Resources Act, 1998 (Act No. 18 of 1998);
means the Aliwal Shoal Marine Protected Area as declared by the Minister in terms of section 22A of the Act;
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;
means the Ngane Offshore Restricted Zone;
in respect of a vessel, includes mooring in the water, drifting in the water and ascending or descending from its mooring, the shore, launch site, a buoy or a jetty;
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;
means the Produce Offshore Restricted Zone;
means the Park Rynie Offshore Controlled Zone;
“purse-seine” or “purse-net”
means an encircling net of any size which is supported on the surface of the sea by floats along the head-line and weighted by weights along the footrope under the surface of the sea, and of which the bottom portion is drawn together by means of a purseline shackled either at an intermediate point or points or knot, which runs through and is attached to the footrope and includes any net of which the bottom portion is drawn together in a similar manner;
means Rocky Bay Inshore Restricted Zone;
has the meaning assigned to it in the Marine Living Resources Act;
has the meaning assigned to it in the Marine Living Resources Act;
means an area within the Marine Protected Area where no fishing may take place, but where any other activity in terms of section 48A(1) of the Act may take place if authorised in terms of these regulations as contemplated in terms of section 48A(2) of the Act;
means Scottburgh Inshore controlled zone;
means swimming below the surface of the water, with the aid of compressed or pumped air or other gasses;
means any vessel that carries SCUBA divers and has no fishing gear on board;
has the meaning ascribed to it in section 1 of the Marine Living Resources Act, 1998 (Act No. 18 of 1998);
means to swim with a diving mask, a snorkel or fins;
means fishing with the use of a speargun;
means a device by which a spear is projected by mechanical or pneumatic means;
has the meaning assigned to it in the National Environmental Management Act;
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);
means Umkomaas Inshore Controlled Zone;
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, including a personal watercraft or hovercraft; and
means the World Geodetic System of 1984 (G730), which is a geographic co-ordinate system.