ALL lobster, mussel, oysters, mud crab and bait collectors

Discussion in 'Diving, Collecting and Environmental Discussions' started by lobsterlady, 19 Apr 2013.

  1. lobsterlady

    lobsterlady

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    Do you collect lobster, mussel, oysters, mud crab or any bait animals? Please let us know.

    The Oceanographic Research Institute conducts quarterly surveys to monitor the collection of marine animals in KZN. This helps us to estimate the number of animals collected annually and improve resource management. If you collect East Coast rock lobster, mussels, oysters, mud crab, sand/mud prawn, octopus or redbait; please complete this short survey at https://www.surveymonkey.com/s/InvertSurveyApr2013. All participants in this survey will be entered in a lucky draw for the following prizes:

    · First prize: Two uShaka Platinum Passes allowing free entry into Sea World and Wet ‘n Wild for a whole year
    · Second prize: A Sea World Meet a Dolphin experience for two people
    · Third prize: Dinner for two at The Cargo Hold Restaurant (subject to availability)
    · Five consolation prizes: Two tickets to uShaka Marine World (Sea World and Wet ‘n Wild)
    · Another five consolation prizes: Two tickets to Dangerous Creatures

    This survey is about collection in KZN during January to March 2013. If you held a valid East Coast rock lobster, KZN mussel, KZN oyster, mud crab or mollusc permit during this period, you can participate. Even if you made no outings during this time, please complete the survey https://www.surveymonkey.com/s/InvertSurveyApr2013, as it gives us important information about the usage of permits.

    The prize draw will be on 13 January 2014 at the Oceanographic Research Institute and winners will be contacted by phone before 31 January 2014. You may only complete the questionnaire once per survey, but are allowed to participate in all of the 2013 surveys (in January, April, July and October 2013) and improve your chance of winning a prize. Please complete your personal details in full and provide a phone number where you can be contacted between 14-31 January 2014 during office hours. All information will remain confidential. Thank you very much for your help.
     
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  3. 459b

    459b Moderator MASA Contributor

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    @lobsterlady - could you perhaps help clarify the legality of collecting liverock?
     
    Last edited by a moderator: 26 Nov 2015
  4. lobsterlady

    lobsterlady Thread Starter

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    I will try to get an answer for you on the collection of live rock. Watch this space..
     
  5. MistaOrange

    MistaOrange

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    Watching!!!!!:bouncy:
     
  6. lobsterlady

    lobsterlady Thread Starter

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    Collecting live rock

    The short answer to the question of collecting live rock is:
    No, it is not legal to collect live rock, without the necessary permits.

    You would have to have a recreational permit for all the organisms on the rock (invertebrates, coral, seaweeds,etc.) and stay within the baglimit according to the Marine Living Resources Act of 1998.
    As far as the actual rock - it is illegal to collect rock or sand without a permit according to the Mineral and Resources Development Act of 2002 and the Sea-shores Act of 1935.

    See the detailed answer from Wayne Evans from Ezemvelo KwaZulu-Natal below:
    "Regarding "Live Rock",for which there is currently no definition - the provisions of the MLRA applies only to the organisms that are attached to the rock. These organisms most commonly are invertebrate fish, coral and aquatic plants - or a combination thereof. In order to collect these organisms you would need a recreational permit and be within the bag limit. In an MPA or World Heritage site one cannot collect these at all.

    Regarding the actual rock itself - it is not legal to remove sea sand or rock ( even in small quantities) from the coastal zone without a permit. This is illegal in terms of at least two different Acts that I can think of, as well as being a listed activity (mining) in terms of NEMA.

    Firstly, in terms of the MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002 -
    (4) No person may prospect for or remove, mine, conduct technical co-operation operations, reconnaissance operations, explore for and produce any mineral or petroleum or commence with any work incidental thereto on any area without -
    (a) an approved environmental management programme or approved environmental management plan, as the case may be;
    (b) a reconnaissance permission, prospecting right, permission to remove, mining right, mining permit, retention permit, technical co-operation permit, reconnaissance permit, exploration right or production right, as the case may be; and
    (c) notifying and consulting with the land owner or lawful occupier of the land in question.

    Note that the definition of "mineral includes any rock and sand.

    Secondly, in terms of the SEA-SHORE ACT 21 OF 1935 - see below Section 12(A) :
    12A Offences and penalties

    (1) Any person who-
    (a) uses any portion of the sea-shore or sea of which the State President is by section 2 declared to be the owner, for any of the purposes mentioned in section 3 (1), without that portion having been leased to him for that purpose;
    (b) removes any material contemplated in section 3 (2) from the sea-shore or sea of which the State President is by section 2 declared to be the owner, without a permit granted under section 3 (2); or

    Section 3 (2) as follows :
    3(2) The Minister may permit, on such conditions as he may deem expedient and at such a consideration as he may determine, the removal of any material, except precious stones as defined in section 1 of the Precious Stones Act, 1964 (Act 73 of 1964), natural oil, precious metals or any base mineral as defined in section 1 of the Mining Rights Act, 1967 (Act 20 of 1967), or any aquatic plant, shell or salt as defined in section 1 of the Sea Fisheries Act, 1973 (Act 58 of 1973), from the sea-shore and the sea of which the State President is by section 2 declared to be the owner.

    So in answer to your question - and in the absence of a formal opinion from a legal practitioner - I can confirm that it is not legal to remove "live rock" without the permits as required above. "
     
  7. 459b

    459b Moderator MASA Contributor

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    Thank you so much for clearing that up @lobsterlady .

    very intereting that sand and rock are viewed as the same thing.
     
    Last edited by a moderator: 26 Nov 2015
  8. Nemos Janitor

    Nemos Janitor

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    Thank you Lobsterlady.
     
  9. Smirre

    Smirre

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    So we need a mining permit:lol:
     
  10. Express Reef

    Express Reef

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    Confusing, in on line the person states you can collect and in the next line he says no???
     
    Last edited: 16 May 2013
  11. MistaOrange

    MistaOrange

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    Thanks for the feed back. Very interesting.
     
  12. 459b

    459b Moderator MASA Contributor

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  13. RiaanP

    RiaanP Moderator

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    thanks

    just a question
    Collecting a tub of sand to use as substrate in your tank. Is that regarded the same as mining? Obviously not from a MPA. The permit mentioned, if needed, where is it obtainable and at what price?

    Is these areas generally the MPA?
     
  14. WarrenElvis

    WarrenElvis

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    Problem i have with this statement, is that Minerals are not equivalent to rocks. Whereas a mineral is a naturally occurring usually solid substance, stable at room temperature, representable by a chemical formula, usually abiogenic, and has an ordered atomic structure, a rock is either an aggregate of one or more minerals, or not composed of minerals at all. Rocks can also be composed entirely of non-mineral material.
    For me this is going to be a grey area unless it says so in legislation that you are not allowed to remove live rock as its not so much the rock but what's on the rock and where the rock is coming from(the ocean) that makes it illegal. The live rock is inhabited with marine organisms and a permit would be required for that. But then again i wouldn't use local rock, not the greatest imo
     
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