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 8 : The Regulation of Specific Restricted Activities Involving Certain Listed Threatened or Protected Marine Species

63. Regulation of restricted activities involving listed threatened or protected marine species
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(1)The issuing authority may, to achieve the objectives of disease control, or to manage conflict between individuals of listed threatened or protected marine species, issue permits for the carrying out of the following activities—
(a)removal and relocation of specimens of listed threatened or protected species of seabirds or seals from one location to another location;
(b)the humane killing of specimens of listed threatened or protected species of seabirds or seals in accordance with subregulation (3);
(c)the burning of carcasses of specimens of listed threatened or protected species of seabirds or seals;
(d)the use of reproductive control measures; or
(e)any other activity which is necessary in the opinion of the issuing authority to combat or manage disease amongst listed threatened or protected species of seabirds and seals or conserve and manage populations.

 

(2)In authorising any of the activities contemplated in subregulation (1), the issuing authority must give preference to authorising those activities which effectively achieve the objectives of conservation and management with the least disruptive impact on specimens of listed threatened or protected species of seabirds and seals and their habitats.

 

(3)The issuing authority may only authorise the killing of a specimen of any listed threatened or protected species of seabirds or seals contemplated in subregulation (1)(b), if no reasonable possibility exists that any other activity will effectively achieve the objective of conservation and management of listed threatened or protected species of seabirds and seals.