National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsThreatened or Protected Marine Species Regulations, 2017Provisions Relating to Listed Threatened or Protected Marine SpeciesChapter 1 : Interpretation and Purpose of these Regulations1. Definitions |
| (1) | In these Regulations, unless the context indicates otherwise, a word or expression or any derivative or other grammatical form of such word or expression to which a meaning has been assigned in subregulation (1) or in the Biodiversity Act, has the corresponding meaning, unless the context indicates otherwise, and— |
means a person who has applied for a permit or for registration in accordance with the provisions of these Regulations;
"attract"
means to feed, chum or bait, or to use any other means, method or device to lure a live specimen of a listed threatened or protected marine species;
"Biodiversity Act"
means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);
"biodiversity survey"
means a scientific study of biodiversity in a given area to assess the species composition of the ecosystem(s) in that particular area;
"boat-based whale and dolphin watching"
means approaching whales closer than 300 meters, from a boat-based whale and dolphin watching vessel, and includes the advertising of such activity;
"boat-based whale and dolphin watching vessel"
means a vessel that is certified by SAMSA as suitable and safe for boat-based whale and dolphin watching;
"bred in captivity"
means a specimen that was bred and born in a controlled environment;
"bycatch"
means a specimen or number of specimens of a listed threatened or protected marine species that is accidentally caught, while fishing for a target species for which target species a permit has been issued in terms of the Marine Living Resources Act;
"captive breeding facility"
means a facility that is a controlled environment, where specimens of a listed threatened or protected marine animal species are bred and born with the intent to grow the population of such species;
"CAS number"
means the number allocated to a case docket when a criminal investigation is registered with the South African Police Services;
"chum or chumming"
means scenting or using pieces of an animal weighing less than 10 grams, in the water to lure a live specimen of a listed threatened or protected marine species;
"CITES"
means the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
"CITES Regulations"
means the Convention on International Trade in Endangered Species of Wild Fauna and Flora Regulations, promulgated in terms of section 97 of the Biodiversity Act;
"colony"
means a location on land or an island—
| (a) | used for breeding by a specimen of a listed threatened or protected seal or seabird species; or |
| (b) | where seabirds of the same species aggregate for moulting, or where seals can be found year round; |
but excludes locations where specimens are held in captivity;
"commercial purposes"
means carrying out a restricted activity with the primary purpose of obtaining economic benefit, including profit in cash or in kind, and is directed towards exchange for economic use or benefit, or any other form of economic use or benefit;
"conservation status"
means the regional or global conservation status of a listed threatened or protected marine species based on the IUCN Red List categories and criteria;
"controlled environment"
means an enclosure that is of insufficient size for a specimen or a group of specimens of a listed threatened or protected marine species to be self-sustainable, and designed to hold such specimen or specimens in a manner that—
| (a) | prevents it from escaping; and |
| (b) | requires intensive human intervention or manipulation in the form of the provision of— |
| (i) | food or water, or both; |
| (ii) | artificial housing; or |
| (iii) | health care; |
and may facilitate the intensive breeding or propagation of specimens of a listed threatened or protected marine species;
"DNA certificate"
means a certificate issued in relation to the genotyping of a particular specimen of a listed threatened or protected marine species;
"DNA sample"
means a blood or tissue sample of a specimen of a listed threatened or protected marine species;
"exhibition facility"
means a facility, including but not limited to, a circus, zoological garden, aquarium and travelling exhibition, that keeps specimens of listed threatened or protected marine species for public display or performance purposes, or for the purpose of facilitating any kind of interaction between humans and live specimens of such listed species;
"feed"
means to supply food or other objects which will be perceived as food by a specimen of a listed threatened or protected marine species;
"free dive"
means to swim or dive in the vicinity of white sharks without the protection of a cage, with or without diving equipment or gear;
"freight agent"
means a person who conducts a business relating to the importing, exporting or reexporting of specimens of listed threatened or protected marine species;
"genotyping"
means the process of determining or analysing the DNA profile of a specimen of a listed threatened or protected marine species;
"harassing"
means behaviour or conduct that threatens, disturbs or torments a live specimen of a listed threatened or protected marine species, and includes—
| (a) | the insertion or attachment of a tag or other device to a listed threatened or protected marine species; |
| (b) | in the case of a whale, approaching a whale with a vessel or aircraft closer than 300 meters; |
| (c) | in the case of a white shark, approaching a white shark predating on natural prey with a vessel or aircraft closer than 80 meters; |
| (d) | in the case of turtles, photographing or shining a light at a turtle at night, climbing on, touching or flipping over a turtle or digging up turtle nests or eggs; |
| (e) | in the case of dolphins, driving through a school of dolphins; |
| (f) | in the case of seals and sea birds, approaching a colony with a vessel closer than 15 meters or any person approaching a colony closer than 5 meters; |
| (g) | in the case of seabirds, disturbing, digging up or destroying nests or eggs, and |
| (h) | in the case of a whale shark and a basking shark, approaching a whale shark or basking shark closer than 20 meters; |
and harassment has a corresponding meaning;
means the cross-breeding of individuals from different—
| (a) | genera; |
| (b) | species; or |
| (c) | sub-species of the same species; |
means a population of a listed threatened or protected marine species that has been introduced by humans, whether deliberately or accidentally, in an area that falls outside the natural distribution range of such species;
"listed threatened or protected marine species"
means the marine species listed in terms of section 56 of the Biodiversity Act;
"management plan"
means a—
| (a) | management plan referred to in section 41 of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003); |
| (b) | biodiversity management plan developed in terms of section 43 of the Biodiversity Act; |
| (c) | management plan developed in terms of any applicable norms and standards; or |
"Marine Living Resources Act"
means the Marine Living Resources Act, 1998 (Act No. 18 of 1998);
"mark"
means an indelible imprint, micro-chip or any other recognised or prescribed means of uniquely identifying a specimen of a listed threatened or protected marine species;
"National Environmental Management Act"
means the National Environmental Management Act, 1998 (Act No. 107 of 1998);
"national Appeal Regulations"
means the Appeal Regulations promulgated in terms of section 44(1)(a) of the National Environmental Management Act;
"natural distribution range"
means the known or inferred area in which a specimen of a listed threatened or protected marine species occurs naturally, or has previously occurred, without having been introduced into such area as a direct or indirect result of human intervention;
"norms and standards"
means any national norms and standards issued in terms of the National Environmental Management Act or any other specific environmental management Act;
"owner of land"
means—
| (a) | the person registered in a deeds registry as the owner of the land; |
| (b) | the bona fide purchaser of land, prior to the registration of the deed of transfer in his name, but after the contract of sale has been concluded, to the exclusion of the person contemplated in paragraph (a); |
| (c) | the authorised representative of the person contemplated in paragraph (a) or (b); |
| (d) | the person designated in writing as the owner of such land by an association, where the legal title thereto is vested in an association, whether corporate or non-corporate; |
| (e) | the management authority of a protected area; |
| (f) | any organ of state responsible for land that is not a protected area; |
| (g) | the occupier or lessee of land, in terms of a written agreement with the person contemplated in paragraph (a), (b), (d) or (f); |
| (h) | the person in whom the administration of such land is vested as executor, trustee, assignee, curator, liquidator or judicial manager, as the case may be, where the owner as contemplated in paragraph (a) or (b) is dead or insolvent, or has assigned his or her estate for the benefit of his/her creditors or has been placed under curatorship by order of court or is a company being wound up or under judicial management; |
| (i) | the lawful heir of the person contemplated in paragraph (a) or of the purchaser contemplated in paragraph (b), as the case may be, at the death of such person or purchaser or, where the land is subject to a usufruct, the usufructuary; or |
| (j) | a person or authority in control of communal land; |
"person"
means a natural or juristic person, and includes a trust;
"personal effects permit"
means a permit—
| (a) | issued by the issuing authority and purchased by a registered wildlife products trader in accordance with the previous Regulations; and |
| (b) | that authorises any other person to purchase a dead specimen of a listed threatened or protected marine species from such registered wildlife products trader for non-commercial purposes, including to convey and possess such specimen subsequent to the purchase, or to export such specimen from the Republic subsequent to the purchase, during the validity period of the personal effects permit; |
"previous Regulations"
means—
| (a) | Management of Boat Based Whale Watching and Protection of Turtles Regulations, 2008, published in Government Notice No. 725, Government Gazette No. 31212 of 4 July 2008; |
| (b) | Regulations for the Management of White Shark Cage Diving, 2008, published in Government Notice No. 724, Government Gazette No. 31211 of 4 July 2008; and |
| (c) | the Threatened or Protected Species Regulations, 2007, published in Government Notice No. 152, Government Gazette No. 29657 of 23 February 2007, as amended insofar as they relate to marine species only; |
"provincial conservation authority"
means the provincial department or provincial organ of state responsible for the conservation of biodiversity in a province;
"quarantine purposes"
means for the purpose of prohibiting physical contact with specimens of listed threatened or protected marine species, preventing disease transmission and avoiding aerosol and drainage contamination;
"registered"
means registered in terms of these Regulations;
"rehabilitation facility"
means a facility equipped for the temporary keeping of a live—
| (a) | sick or injured specimen for the purpose of providing treatment of and care to such specimen; or |
| (b) | young orphan specimen for rearing purposes; |
with the overall intent to release such specimen, but excludes a veterinarian’s practice or a veterinary academic hospital;
"risk assessment"
means a risk assessment requested by an issuing authority in terms of section 89 of the Biodiversity Act;
"SAMSA"
means the South African Maritime Safety Authority established in terms of section 2 of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998);
"SANBI"
means the South African National Biodiversity Institute established in terms of section 10 of the Biodiversity Act;
"sanctuary"
means a facility that provides permanent care to a specimen of a listed threatened or protected marine species that would be unable to sustain itself if released into the wild, whether as a result of injury or on account of human imprinting;
"Scientific Authority"
means the Scientific Authority established in terms of section 60 of the Biodiversity Act;
"scientific institution"
means—
| (a) | a component of an organ of state, or a non-governmental institution, involved in research; |
| (b) | a research unit, department or faculty of a tertiary institution; or |
| (c) | a herbarium, botanical garden, museum or any other institution where specimens of a listed threatened or protected marine species are kept or used for research, scientific information or identification purposes; |
"scientific purposes"
means carrying out a restricted activity with the primary purpose of practicing science or conducting research;
"selling"
means to exchange for benefit in cash or in kind, and includes bartering, or giving or offering in exchange, or offering or presenting for sale, and buying shall be construed accordingly;
"stock book"
means an inventory register for the keeping of records of specimens of listed threatened or protected marine species acquired, held in stock and disposed of;
"studbook"
means a collaborative species management programme in respect of the pedigree and demographic history of specimens of the listed threatened or protected marine species to which such a programme relates;
"taxidermist"
means a person who—
| (a) | treats, prepares or mounts a skin, horn or other derivative of a specimen of a listed threatened or protected marine animal species; or |
| (b) | who transforms a skin, horn or other derivative of a specimen of a listed threatened or protected marine animal species into a curio; |
"temporary holding facility"
means a facility equipped for the temporary keeping of live specimens of a listed threatened or protected marine animal species for quarantine or translocation purposes, including a boma, with the overall intent to release such specimens, but excludes rehabilitation facilities;
"these regulations"
includes the species list of listed threatened or protected marine species;
"trade"
means to import into the Republic, export from the Republic, sell, exchange, purchase, receive, accept as a gift, give, donate, or to acquire or dispose of in any way, a specimen of a listed threatened or protected marine species within the Republic;
"translocation"
means the process of capturing a specimen of a listed threatened or protected marine animal species at a particular location, the conveying or transporting of such specimen and the release of the specimen in another location;
"veterinarian"
means a person registered with the South African Veterinary Council to operate as such;
"white shark cage diving"
means the attraction of a white shark by chumming to observe a free-swimming white shark from within a protective cage submerged from a vessel or viewing such white shark from a vessel, and includes the advertising of such activity; and
"white shark cage diving vessel"
means a vessel that is certified by SAMSA as suitable and safe for white shark cage diving;
"wildlife auctioneer"
means a person who acts as an agent or who facilitates a commercial transaction between the seller and the purchaser of a specimen of a listed threatened or protected marine species;
"wildlife trader"
means a person who conducts or engages in the business of sourcing and acquiring, or purchasing and selling, a live specimen of a listed threatened or protected marine animal species for commercial purposes, and includes a wildlife auctioneer but excludes a—
| (a) | hunting outfitter; |
| (b) | wildlife translocator; and |
| (c) | exhibition facility; |
"wildlife products trader"
means a person who conducts or engages in the business of sourcing and acquiring, or purchasing and selling, a dead specimen of a listed threatened or protected marine animal species for commercial purposes, but excludes a taxidermist and a wildlife auctioneer;
"wildlife translocator"
means a person who transports, conveys or otherwise translocates a live specimen of a listed threatened or protected marine animal species for commercial purposes on behalf of another person, and may include the purchasing, selling or temporary possession of such live specimen;
"wild population"
means a group or collection of wild specimens of the same listed threatened or protected marine species;