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 8 : The Regulation of Specific Restricted Activities Involving Certain Listed Threatened or Protected Marine Species64. Catch, release and killing of listed threatened or protected marine species |
| (1) | A permit to authorise the catching, capturing or release of a specimen of a listed threatened or protected marine species is not required if such specimen has been caught— |
| (a) | as by-catch; |
| (b) | such specimen is released alive in the water from which it has been caught; and |
| (c) | while a person is in possession of a valid permit issued under the Marine Living Resources Act to fish for a marine fish species whether or not that fish species is a listed threatened or protected marine fish species. |
| (2) | No person may carry out a restricted activity in respect of any stranded or entangled listed threatened or protected cetacean, turtle, seal or seabird except as provided for in these Regulations. |
| (3) | The issuing authority may authorise the killing of any stranded or entangled listed threatened or protected marine species contemplated in subregulation (2), after consideration of all relevant factors, including, but not limited to— |
| (a) | weather and ocean conditions; |
| (b) | human safety; |
| (c) | the number and size of animals involved; |
| (d) | available equipment; |
| (e) | the condition of the animals involved; |
| (f) | veterinary advice; |
| (g) | whether rehabilitation is feasible; and |
| (h) | the age and sex of the animal. |