Marine Living Resources Act, 1998 (Act No. 18 of 1998)RegulationsRegulations in terms of the Marine Living Resources Act, 1998Chapter 4 : Use of GearPart 5 : Linefishing22. General |
Recreational Fishing
| (1) | Recreational fishing permits may be obtained from an office authorised by the Minister, subject to the payment of the prescribed fee, to engage in one or more types of recreational fishing. |
| (2) | A recreational fishing permit holder shall not sell fish caught on the authority of a recreational fishing permit. |
| (3) | The skipper of a fishing vessel used for recreational fishing must be in possession of a recreational fishing permit endorsed for recreational fishing from a vessel. |
| (4) | Except in the case of marine aquarium fishing, the holder of a recreational fishing permit shall not use any artificial respiratory equipment other than a snorkel. |
| (5) | The holder of a recreational fishing permit shall not engage in fishing for, be in possession of, or sell any fish listed in the Prohibited Species List of Annexure 7. |
| (6) | The holder of a recreational fishing permit may engage in fishing for any fish of the superclass Pisces listed in the Permitted Species List of Annexure 7 subject to the restrictions set out in subregulations 7, 8 and 9 below. |
| (7) | The holder of a recreational fishing permit shall not engage in fishing for, or be in possession of: |
| (a) | any fish smaller than, or of a mass less than, the size-limits listed in respect of each species in the Permitted Species List of Annexure 7; |
| (b) | any fish during the closed-season listed in respect of each species in the Permitted Species List of Annexure 7; |
| (c) | more fish than the bag limit listed in respect of each species in the Permitted Species List of Annexure 7 on any one day; |
| (d) | more than 1 specimen per species of cartilaginous fish on any one day; |
| (e) | more than 5 specimens per species of rockcod (family Serranidae) not listed in the Permitted Species List of Annexure 7 on any one day; and |
| (f) | more than ten fish irrespective of the species caught, provided that this limit does not apply to those species listed with no bag limit, and to those species with a bag limit exceeding ten. |
| (8) | The size of fish must be measured in a straight line from the tip of the snout to the extreme end of the tail. |
| (9) | All fish, except cartilaginous fish, shall be landed in the whole state and have head and tail intact, except that they may be gutted. |
Recreational angling
| (10) | The holder of a recreational fishing permit, endorsed for angling shall only engage in angling for fish of the superclass Pisces. |
| (11) | The holder of a recreational fishing permit endorsed for angling shall only use a gaff or net for the purpose of landing a fish that has been hooked on line. |
| (12) | The holder of a recreational fishing permit shall not use a club, stick, spear or speargun for fishing. |
Recreational spearfishing
| (13) | The holder of a recreational fishing permit, endorsed for spearfishing, shall only engage in spearfishing for fish of the superclass Pisces. |
| (14) | The holder of a recreational fishing permit endorsed for spearfishing shall not engage in fishing in an estuary. |
Recreational cast-netting
| (15) | The holder of a recreational fishing permit endorsed for cast-netting shall not engage in fishing for, or be in possession of, any fish not listed in the Permitted Species List of Annexure 8. |
| (16) | The holder of a recreational fishing permit, endorsed for cast-netting, shall only utilise a circular net weighted at the circumference for the purpose of casting and not exceeding six meters in diameter. |
| (17) | The holder of a recreational fishing permit endorsed for cast-netting shall not engage in fishing between sunset and sunrise. |
Marine aquarium fishing
| (18) | The holder of a recreational fishing permit endorsed for marine aquarium fishing shall not engage in fishing for, or be in possession of: |
| (a) | any fish listed in the Prohibited Species List of Annexure 9; |
| (b) | more than five fish per species, or more fish than the bag-limit listed in respect of each species in the Permitted Species List of Annexure 7 during any one day, whichever is the lesser quantity. |
| (19) | The holder of a recreational fishing permit endorsed for marine aquarium fishing shall: |
| (a) | immediately transfer all fish caught on the authority of this permit to a saltwater aquarium or saltwater holding facility of sufficient capacity to sustain the lives of the fish; |
| (b) | keep a log-book indicating all additions to the aquarium (including those bred or hatched in the aquarium) and losses, indicating the species, origin and cause of loss. |