| (1) | No person shall fish, or attempt to fish in a Controlled Zone or Controlled-Pelagic Linefish Zone, unless they are in possession of a valid fishing permit, which authorises such person to fish for any of the species in subregulation (2). |
| (2) | Notwithstanding anything to the contrary, a person in possession of a fishing permit as contemplated in subregulation (1), may— |
| (a) | only undertake linefishing in the KOCZ; |
| (b) | only undertake linefishing and South Coast Rock Lobster fishing in the GOCZ; and |
| (c) | only undertake linefishing for the pelagic species specified in Annexure 2 to these regulations when fishing in the GOCPLZ, |
subject to the species restrictions, quantity, fish size limits, allowable effort, closed seasons and bag limits authorised by such fishing permit.
| (3) | No person shall undertake fishing in a Controlled Zone or Controlled-Pelagic Linefish Zone in the period between sunset in the evening and sunrise of the following day, except for South Coast Rock Lobster in the GOCZ . |
| (4) | Fishing gear onboard a vessel or in possession of any person that enters or is present in a Controlled or Controlled-Pelagic Linefish Zone, and who is not authorised to fish in terms of subregulation (1), must be stowed in accordance with regulation 7(2) and 7(3). |
| (5) | No person may collect broodstock in a Controlled or Controlled-Pelagic Zone for undertaking aquaculture, without a permit from the Minister. |
| (6) | When considering a permit in terms of subregulation (5) the Minister must take into account the following factors— |
| (a) | whether the species is listed as a threatened or protected species in terms of the Threatened or Protected Marine Species Lists and any prohibitions or restrictions therein; |
| (b) | whether the species has been listed on an International Union for the Conservation of Nature Red list, including an international, regional, or national Red List; |
| (c) | the objectives of this Marine Protected Area; |
| (d) | whether the species can be collected outside the Marine Protected Area; and |
| (e) | any other relevant criteria. |
