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

Chapter 3 : Management of Marine Living Resources

Part 1 : Fisheries Planning

14. Determination of allowable catches and applied effort
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(1)The Minister shall determine the total allowable catch, the total applied effort, or a combination thereof.

 

(2) The Minister shall determine the portions of the total allowable catch, the total applied effort, or a combination thereof, to be allocated in any year to small-scale, recreational, local commercial and foreign fishing, respectively.

[Subsection (2) substituted by section (3) of Act No. 5 of 2014]

 

(3) In the execution of his or her powers in terms of this section, the Minister may determine that the total allowable catch, or the total applied effort, or a combination thereof, shall apply—
(a)in a particular area, or in respect of particular species or a group of species of fish; and
(b)in respect of the use of particular gear, fishing methods or types of fishing vessels.

 

(4) If the allowable commercial catch in respect of which commercial fishing rights exist, increases, the mass of the increase shall be available for allocation by the Minister.

 

(5)The provisions of this section shall not be construed to mean that the Minister is prohibited from determining that—
(a)the total allowable catch;
(b) a portion of the total allowable catch contemplated in subsection (2); or
(c) an allocation in terms of subsection (4),

shall be nil.