Marine Living Resources Act, 1998 (Act No. 18 of 1998)RegulationsRegulations in terms of the Marine Living Resources Act, 1998Part 2 : Fishing Harbour Regulations89. Navigation, entrance to and accommodation in fishing harbours |
| (1) | No vessel shall be brought into, launched, lie in, be used in or accommodated in any other manner in a fishing harbour without a permit and without payment of the fees determined by the Minister under section 25 of the Act: Provided that— |
| (a) | permission may be refused in the interest of safe, orderly and efficient harbour management and control; and |
| (b) | no fee shall be payable in respect of a vessel in the service of a governmental agency. |
| (2) | No person shall use any vessel within a fishing harbour as a restaurant, place of entertainment, a shop or for any other purpose without a permit and without payment of the fees determined by the Minister under section 25 of the Act. |
| (3) | An owner of a vessel shall not use such vessel, cause such vessel to be used or permit such vessel to be used in a fishing harbour unless such vessel is appropriately manned and has a master on board to properly control and navigate such vessel. |
| (4) | The master of a vessel within a fishing harbour shall at all times be responsible for the safety thereof. |
| (5) | The master of any vessel shall, while that vessel is in a fishing harbour, stay in command thereof until that vessel has been moored. |
| (6) | The master of any vessel entering any fishing harbour other than its home port, shall, forthwith inform a fishery control officer of the time and date of his or her arrival and furnish that particulars of that vessel that a fishery control officer may require. |
| (7) | The master of any vessel about to enter or that has entered any fishing harbour, shall comply with any instruction given by a fishery control officer or other authorised person. |
| (8) | Between sunset and sunrise, a vessel in a fishing h harbour shall display the lights prescribed in the Merchant Shipping (Collision, etc) Regulations, 1996, published under Government Notice No. R. 2076 of 20 December 1996: Provided that a fishery control officer may exempt any vessel from the provisions of this regulation while it is anchored, moored or secured at a place assigned to it by him or her. |
| (9) | No person shall use any net or any vessel for fishing in any fishing harbour or within a distance of 150m seaward of the entrance to any harbour, without a permit. |
| (10) | Subject to the provisions of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), a fishery control officer may— |
| (a) | make the arrangements that he or she may deem necessary to prevent a vessel from leaving a fishing harbour if it is overloaded! improperly loaded, or has insufficient qualified crew, or is unseaworthy; and |
| (b) | by written order detain that vessel until that defect has been remedied to his or her satisfaction. |
| (11) | The owner or master of any vessel which has been involved in an accident of any nature within the fishing harbour area, shall forthwith report the accident to a fishery control officer, and shall within 24 hours after the accident furnish him 'or her with a full report thereof in writing, whether damage was done to the State's property or not. |
| (12) | No person shall navigate a vessel within a fishing harbour in a reckless or negligent manner or while he is under the influence of intoxicating liquor or a narcotic drug. |