National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Regulations

Threatened or Protected Marine Species Regulations, 2017

Provisions Relating to Listed Threatened or Protected Marine Species

Chapter 1 : Interpretation and Purpose of these Regulations

2. Purpose and application of these Regulations
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(1)The purpose of these Regulations is to—
(a)further regulate the permit system set out in Chapter 7 of the Biodiversity Act insofar that such system applies to restricted activities involving specimens of listed threatened or protected marine species;
(b)provide for the registration and regulation of the following persons and facilities in respect of listed threatened or protected marine species—
(i)captive breeding facilities;
(ii)rehabilitation facilities;
(iii)sanctuaries;
(iv)temporary holding facilities;
(vi)exhibition facilities; and
(vii)wildlife translocators;
(c)regulate the manner in which specific restricted activities may be carried out;
(d)prohibit the manner in which specific restricted activities may be carried out;
(e)provide for the regulation of boat-based whale and dolphin watching, and for white shark cage diving; and
(f)provide for the recognition of associations or organisations.

 

(2)These Regulations apply to the carrying out of restricted activities involving specimens of marine species that have been listed as threatened or protected in terms of section 56 of the Biodiversity Act.

 

(3)These Regulations must be applied alongside with—
(a)the species listing notice;
(b)the CITES Regulations as far as it relates to the import, export, re-export or introduction from the sea, of specimens of listed threatened or protected marine species
(c)the AIS Regulations as far as it relates to the import of a specimen of a listed threatened or protected marine species; and
(d)any applicable norms and standards.

 

(4)A person who has obtained a permit or a registration in terms of the Biodiversity Act or terms of these Regulations, is not absolved from having to obtain a permit or authorisation in terms of any other applicable legislation.

 

(5)When the nomenclature of a listed threatened or protected marine species is revised, the original species name will remain listed until the list is updated, and these Regulations will apply to all specimens that fitted the description at the time of listing even if a new scientific name is applied to the species or populations of the species.