| (1) | The Minister may, in order to achieve the objectives contemplated in section 9(2) and 39(3) of the Constitution, by notice in the Gazette— |
| (a) | must, subject to any law relating to marine protected areas, establish areas or zones where small-scale fishers may fish; |
| (b) | may, within a prescribed period, recognise a community to be a small-scale fishing community, if the community meets requirements contained in the definition of a small-scale fishing community; |
| (c) | may declare any other fishing or related activity or the exercise of any right of access in an area or zone contemplated in subsection (1)(a) to be prohibited; |
| (i) | the process and procedures relating to the allocation and recognition or rights of access to small-scale fishers based within small-scale fishing communities; |
| (ii) | procedures to be applied in the allocation of those rights; |
| (iii) | the management of the rights of access; |
| (iv) | the criteria and timetable for recognition of small-scale fishers and small-scale fishing communities; and |
| (e) | may prescribe any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper exercise and performance of the powers and duties referred to in the preceding paragraphs. |
| (2) | No small-scale fishing right or permit shall be transferable except with the approval of and subject to the conditions determined by the Minister. |
| (3) | The Minister and any organ of state shall have regard to the need to incorporate a community-based approach in the allocation of rights of access within the small-scale fisheries sector. |
[Section 19 substituted by section 5 of Act No. 5 of 2014]
