Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 3 : Management of Marine Living ResourcesPart 3 : Commercial Fishing21. Commercial Fishing |
| (1) | Subject to the provisions of this Act, a commercial fishing right may be leased, divided or otherwise transferred. |
| (2) | An application to transfer a commercial fishing right or a part thereof shall be submitted to the Minister in the manner that the Minister may determine, and subject to the provisions of this Act and any applicable regulation, the Minister may, in writing, approve the transfer of the right or a part thereof. |
| (3) | The Minister may, after consultation with the Forum, make regulations regarding— |
| (a) | the formula by which a commercial fishing right as a portion of the allowable commercial catch, the total applied effort, or a combination thereof, shall be determined; |
| (b) | guidelines or criteria concerning the transfer of any right of access, including determining limits on the transfer of rights between holders of such rights on a temporary basis; |
| (c) | the maximum or minimum portion of the allowable commercial catch, the total applied effort, or a combination thereof, which may be allocated or transferred to, or acquired or otherwise held by, any person; |
| (d) | reallocation of any right of access, having regard to any significant alteration in the long-term revenue derived from the resource being exploited or in the long-term availability of the resource; |
| (e) | the determination of rights to, or disposition of, by-catches in relation to any right; |
| (f) | the monitoring and control of the use of rights of access; |
| (g) | subject to the provisions of the Labour Relations Act, 1995 (Act No. 66 of 1995), the employment of South African persons on board fishing vessels that are used for the utilisation of any right of access; |
| (h) | the utilisation of South African fish processing establishments in the exercise of a right of access; and |
| (i) | the other measures that may be necessary or desirable to achieve the effective implementation of a scheme for rights of access. |