The Law and fish Collection in SA

Discussion in 'Diving, Collecting and Environmental Discussions' started by richardmatlock, 3 Nov 2010.

  1. richardmatlock

    richardmatlock

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    The Law and fish Collection in SA
    My reasons for starting this thread is to try to put to rest the legal implications of catching marine fish for your own private tanks, with a post-office permit, in SA.

    2 points - SCUBA and Tank (not collecting) Permits.

    Tank Permits - NOT collecting permits

    ... from the Marine Living Resources Act [No. 18 of 1998]

    PART 2: LOCAL FISHING
    Granting of rights
    18. (1) No person shall undertake commercial fishing or subsistence fishing, engage
    in mariculture or operate a fish processing establishment unless a right to undertake or
    engage in such an activity or to operate such an establishment has been granted to such
    a person by the Minister.

    And
    (xxxv) ‘‘mariculture’’ means the culture or husbandry of fish in sea water; (xxi)


    SCUBA + fish collecting = NO-no

    RECREATIONAL SCUBA DIVING PERMIT CONDITIONS
    The holder of a recreational SCUBA diving permit shall:
    (1) not remove, unduly disturb or harass any marine organism or habitat, including shells or substrate, marine mammals,
    seabirds and fish.

    from
    South Africa National Parks - SANParks - Official Website - Accommodation, Activities, Prices, Reservations

    We all know that the cops are WAAY to busy sleeping or chasing criminals to bother about us but still....
     
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  3. Steve Warren

    Steve Warren

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    Does this not only apply to MPA's where you have to have SCUBA diving permits. I am unsure if you need a SCUBA permit for regular SCUBA diving. I don't SCUBA dive recreationally.
     
  4. SIMS

    SIMS

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    well we all can be locked up cause we are all growing corals...
     
  5. richardmatlock

    richardmatlock Thread Starter

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    Exactly - better drop Ms BE Molewa a call and get some paperwork ASAP (well at least that's what the law of the land says).
     
  6. richardmatlock

    richardmatlock Thread Starter

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    As far as SCUBA goes - here's an updated link saying it's a no-no from the correct current department.

    http://www.environment.gov.za/branc...ishing/Recreational Fishing Brochure 2007.doc

    It clearly says:

    RECREATIONAL SCUBA DIVING PERMIT CONDITIONS

    The holder of a recreational SCUBA diving permit shall:
    (1) not remove, unduly disturb or harass any marine organism or habitat, including shells or substrate, marine mammals, seabirds and fish.

    (2) not feed fish, practice chumming, or dump any material, or discharge any biological attractants in the MPA.
    (3) dive in the Table Mountain, Pondoland and Aliwal Shoal MPA during daylight hours only (from half an hour before local sunrise to the time of local sunset), unless as part of a group being taken out by an MCM-authorized business operator. A representative of a registered Diving Club or individuals must notify the managing authority of the MPA to their satisfaction if they intend night diving. (Table Mountain (SANParks) – 021-786 5656, Pondoland (Eastern Cape Parks Board) – 047-387 0451/043-742 4450, Aliwal Shoal (Ezemvelo KZN Wildlife – 0825592848).
    (4) scuba dive in Bird Island MPA during 08:00 to 16:00 only after having notified the SANParks MPA manager of their plans (042-233 0556).
    (5) not dive in any MPA where a scuba diving permit is required between 23:00 and 04:00 at all.
    (6) abide by the Diver Code of Conduct (www.mcm-deat.gov.za)
    (7) note that these conditions will be applicable to any new MPAs that may be declared or regazetted.
    (8) adhere to the condition that boats taking persons diving in an MPA where a permit is required shall only launch from an authorized launching site, and shall not launch earlier than an hour before local sunrise or return later than an hour after local sunset unless night diving in compliance with condition 3.
     
    Last edited: 4 Nov 2010
  7. Slummies

    Slummies

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    "sir, i promise, i was not harassing the 20 anthias i just caught on scuba. they all swam into my net happily!"
     
  8. Yuri

    Yuri

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    this is a interesting read
     
  9. viper357

    viper357 Admin MASA Contributor

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    Richard, do you know anything about the legalities of removing live rock and certain corals from our waters?
     
  10. richardmatlock

    richardmatlock Thread Starter

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    AQUARIUM FISH

    Regulations governing the harvesting of aquarium recreational fishers.

    (1) A maximum of ten fish may be harvested per day.

    (2) A maximum of five fish per species, which have been collected, may be held in captivity.

    (3) The following species may not be caught.


    Common name Scientific name of species or group

    Hard corals Order Scleractinia
    Sea fans Order Gorgonacea
    Sea pens Order Pennatulacea
    Sand dollars Echinodiscus spp.
    Giant clams Tridacna spp.
    Abalone Haliotis spp.
    Rock lobsters Family Palinuridae
    Seahorses and pipefish Family Syngnathidae
    Coelacanth Latimeria chalumnae
    Seventy four Polysteganus undulosus
    Brindle bass Promicrops lanceolatus
    Potato bass Epinephelus tukula
    Natal wrasse Anchichoerops natalensis
    Great white shark Charcarodon carcharias
    Marine mammals
    (seals, dolphins and whales) Class Mammalia

    AS far as "live rock" goes, there is a restriction - I think it's 5kg pppd - but I can't remember where. Technically, as LR is Live, you do need a permit of some sort. I've always told the MCM people when they've asked that it's "bait" and falls under my bait licence.
     
    Last edited: 4 Nov 2010
  11. RiaanP

    RiaanP Moderator

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    you are allowed to collect fish for marine fish keeping WITH scuba gear, including gas bottles.

    Not allowed for spear fishing.

    Check the document.
     
  12. RiaanP

    RiaanP Moderator

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    (8) The holder of a recreational fishing permit, shall not use any artificial respiratory equipment, with the exception of a snorkel,
    except in the case of marine aquarium fishing.
     
    Riekert Botha likes this.
  13. viper357

    viper357 Admin MASA Contributor

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    Thanks Richard.

    That completely contradicts the first post in this thread doesn't it? Or am I reading it wrong?
     
  14. Manic

    Manic Moderator

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    Love the great white shark thing though, doesn't say anything about whale sharks though.
     
  15. richardmatlock

    richardmatlock Thread Starter

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    Sorry Riaan, you got a URL for that quote? Which governmet department?
     
  16. RiaanP

    RiaanP Moderator

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  17. Jaco Schoeman

    Jaco Schoeman MASA Contributor

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    So what about collecting in rock pools? Or does that still account for "ocean"?

    So according to the list above, we can collect ANY soft coral, but no LPS or SPS? And what about other inverts like nennies, crabs, lobster (not the CTFM kind) bi-valves other than mussels and clams?

    What about macro algae, and what about mangroves then?

    I think all this legislation is so confusing, it even confuses them...
     
  18. richardmatlock

    richardmatlock Thread Starter

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    Looks like a classic clash of the rules and regulations. Same document also says -

    RECREATIONAL SCUBA DIVING PERMIT CONDITIONS
    The holder of a recreational SCUBA diving permit shall:
    (1) not remove, unduly disturb or harass any marine organism or habitat, including shells or substrate, marine mammals,
    seabirds and fish.
     
  19. richardmatlock

    richardmatlock Thread Starter

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    Rockpools same as ocean.

    Crabs - permit required
    lobster - permit required
    bi-valves - permit required

    mangroves - no-no
     
  20. danimal

    danimal

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    :lol: :lol: :lol:
     
  21. richardmatlock

    richardmatlock Thread Starter

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    Thought I'd add an important update. Yeh, I did a bit of phoning around (started with the Dept of Environmental affairs) and eventually got told (after being transferred 4 times) that yes, you can collect tropicals on SCUBA. End of debate, the only thing left is the moral implications and prevalence for poaching for re-sale (A. kingii are VERY pricey etc.)
     
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