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 11 : Permits for Boat-Based Whale and Dolphin Watching and White Shark Cage Diving73. Compulsory permit conditions applicable to the holder of a boat-based whale and dolphin watching permit or a white shark cage diving permit |
| (1) | In addition to the compulsory conditions contemplated in regulation 23(1), boat-based whale and dolphin watching permit must be issued subject to the following additional conditions— |
| (a) | a person under the control or supervision of the permit-holder may not feed or swim with whales or dolphins; |
| (b) | the permit-holder, or a crew member or client under the control or supervision of the permit-holder, may not enter a closed or restricted area; |
| (c) | boat-based whale and dolphin watching may only be undertaken on a boat-based whale and dolphin watching vessel; |
| (d) | the permit-holder may only use the vessel or vessels specified on the permit, and may not use more than one vessel at a time; |
| (e) | if the permit-holder intends to use a different vessel or vessels from what has been specified on the permit, he or she must obtain written permission from the issuing authority to change the nominated vessel; |
| (f) | the permit-holder must display the permit in a visible place on the vessel when engaging in operations or services; and |
| (g) | when advertising boat-based whale and dolphin watching operations or services, reference must be made to the permit number. |
| (2) | In addition to the compulsory conditions contemplated in regulation 23(1), a white shark cage diving permit must be issued subject to the following additional conditions— |
| (a) | the permit-holder may not take a person to free-dive with white sharks without a permit specifically authorising such free diving; |
| (b) | the permit-holder, or a crew member or client under the control or supervision of the permit-holder, may not dump any material into the sea other than to attract sharks in the manner provided for in the permit; |
| (c) | the permit-holder, or a crew member or client under the control or supervision of the permit-holder, may not dive outside the cage, touch, tag or interfere with any sharks; |
| (d) | when attracting a white shark for the purpose of this permit, the permit-holder, or a crew member or client under the control or supervision of the permit-holder, may not allow a shark to take the bait; |
| (e) | attracting may only be conducted within the areas stipulated in the permit; |
| (f) | white shark cage diving may only be undertaken on a white shark cage diving vessel; |
| (g) | the permit-holder may only use the vessel or vessels specified on the permit, and may not use more than one vessel at a time; |
| (h) | if the permit-holder intends to use a different vessel from what has been specified on the permit, he or she must obtain written permission from the issuing authority to change the nominated vessel; |
| (i) | the permit-holder must display the permit in a visible place on the vessel when engaging in operations or services; and |
| (j) | when advertising white shark cage diving reference must be made to the permit number. |