Rules and regulations

Staying on the right side of the law

The fact that a Richards Bay angler was fined R220 000 for catching an endangered brindle bass and not releasing it earlier this year, should act as a wake-up call to all anglers who are not aware of which species may, or may not, be fished.

R200 000 of the fine was suspended for four years, but the angler had to pay R20 000 to the Oceanographic Research Institute. The institute was asked to use the money to create more awareness about the brindle bass through the erection of an educational notice at uShaka Marine World.

The brindle bass is protected by legislation because of its low numbers. Several other fish species are, however, also considered to be critically endangered, endangered, vulnerable and protected. Your customers should be aware that it is illegal to catch these species without a permit from the Department of Environmental Affairs (national or provincial).

There are three new pieces of legislation that still have to be passed into law that your fishing customers should take note of.

Threatened and Protected Species Regulations

Minister of Environmental Affairs and Tourism, Marthinus Van Schalkwyk, announced the new Threatened and Protected Species Regulations on 20 February, 2007. After presentations by some Provincial MEC’s around challenges in implementing these regulations by 1 June 2007, the Minister has decided that these regulations will come into force on 1 February 2008. The Minister says no further postponement will be considered.

The regulations list the species that are critically endangered, endangered, vulnerable or protected; regulate activities like hunting and fishing of these species and stipulate how a permit for hunting and fishing activities must be obtained.

There has been some concern about the implementation of these regulations and how they will affect anglers. The prohibition on the catching, capturing or killing a listed specie by any means method or device could, for instance, be interpreted that an angler who inadvertently catches a listed specimen without a permit while fishing for another, legal specimen, may be prosecuted — even if he releases the listed fish, as the regulation also prohibits physical control over a listed specimen.

Morné Viljoen, an angler and attorney specializing in environmental law, argues that an angler that practices catch and release would still be contravening the law and has therefore requested that special provision must be made for the special circumstances affecting anglers. Otherwise, he argues, an angler will need to apply for all possible permits in case he hooks a protected specimen. (See The Angler and the Law - 24. www.fosaf.org.za).

Viljoen can be contacted on Tel: 011 886 4628 or mviljoen@bdz.co.za.

For enquiries about the proposed regulations contact: Riaan Aucamp (the Minister’s spokesperson) on 083 778 9923 or Email: raucamp@deat.gov.za.

Integrated Coastal Management Bill

This bill was Gazetted in December 2006 and was open for public comment for 3 months. The aim of the bill is to adopt a new approach in managing the nation’s coastal resources and to promote social equity in granting access to coastal zones in order to make better use of coastal resources, whilst also protecting the natural environment.

It sets out the requirements for national, provincial and municipal coastal management plans. It determines how access — or not — may be obtained to coastal land (including by vehicles); how coastal land and the marine environment must be protected and managed and the boundaries of coastal zones.

The bill makes a distinction between Coastal public property (state land along the coast); Coastal protection zone (100 m wide in urban and 1000m wide in rural areas); Special management areas (managed by a knowledgeable person) and Coastal set-back lines (prohibiting building too close to the coast line and public access to private property).

The right of access, or not, to coastal zones — including by vehicle — and regulations on damaging of the coastal areas are relevant to anglers.

The Use of Water for Recreational Purposes (Draft regulations)

The proposed regulations refer to the use of water for recreational purposes and includes all activities, including the surface of water, for sport, tourism or leisure (including activities contributing to well-being and skills development), whether for personal or commercial purposes.

This would include all freshwater anglers, whether they fish on dams or next to rivers. It also makes provision for the protection of riparian areas and watercourses.

People who engage in high impact or commercial water use for recreational purposes (e.g. fishing lodges or resort operators) must apply for the approval of an operational plan that complies with environmental management standards set out in the Department of Water Affairs Guidelines on Integrated Water Resource Planning for Using Water for Recreational Purposes, of August 2005.

Access may only be gained to state-owned waterworks where an authorised access point does not exist, with written approval of the Minister. The Minister must also approve any commercial or recreational activities and facilities on government waterworks.

Vessels may only travel at no wake speed in designated zones.

Rules to remember

An annual permit for recreational fishing, cast-netting or spearfishing must be obtained at a post office or designated office for the catching of species not on the protected list. The permit for listed species must be obtained in addition to this annual fishing license that allows for catches within specified bag limits.

An angler may use a gaff to land a hooked fish, but may not use a club, stick spear or speargun.