Marine Living Resources Amendment Act, Act No. 5 of 2014
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REPUBLIC OF SOUTH AFRICA
Vol. 587 Cape Town 19 May 2014 No. 37659
THE PRESIDENCY No. 383 19 May 2014
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
Act No. 5 of 2014: Marine Living Resources Amendment Act, 2014
2 No. 37659 GOVERNMENT GAZETTE, 19 May 2014 Act No. 5 of 2014 Marine Living Resources Amendment Act, 2014
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the Marine Living Resources Act, 1998, so as to insert, amend or delete certain definitions; to amplify the objectives and principles provided for in that Act; to make provision for measures relating to small-scale fishing and for the powers and duties of the Minister in this regard; to effect technical amendments; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— Amendment of section 1 of Act 18 of 1998
1. Section 1 of the principal Act is hereby amended— (a) by the insertion after the definition of ‘‘sedentary species’’ of the following
definitions: ‘‘ ‘small-scale fisher’ means a member of a small-scale fishing community engaged in fishing to meet food and basic livelihood needs, or directly involved in processing or marketing of fish, who— (a) traditionally operate in near-shore fishing grounds; (b) predominantly employ traditional low technology or passive fishing
gear; (c) undertake single day fishing trips; and (d) is engaged in consumption, barter or sale of fish or otherwise
involved in commercial activity, all within the small-scale fisheries sector, and
‘small-scale fishing’ must be interpreted accordingly; ‘small-scale fisheries sector’means that sector of fishers who engage in small-scale fishing; ‘small-scale fishing community’ means a group of persons who—
(i) are, or historically have been, small-scale fishers; (ii) have shared aspirations and historical interests or rights in
small-scale fishing; (iii) have a history of shared small-scale fishing and who are, but
for the impact of forced removals, tied to particular waters or geographic area, and were or still are operating where they previously enjoyed access to fish, or continue to exercise their rights in a communal manner in terms of an agreement, custom or law; and
(iv) regard themselves as a small-scale fishing community;’’;
(English text signed by the President) (Assented to 16 May 2014)
4 No. 37659 GOVERNMENT GAZETTE, 19 May 2014 Act No. 5 of 2014 Marine Living Resources Amendment Act, 2014
(b) by the deletion in the definition of ‘‘South African person’’ of the word ‘‘or’’ at the end of paragraph (c);
(c) by the addition to the definition of ‘‘South African person’’ of the word ‘‘or’’ at the end of paragraph (d);
(d) by the addition to the definition of ‘‘South African person’’ of the following paragraph:
‘‘(e) a co-operative registered in terms of the Co-operatives Act, 2005 (Act No. 14 of 2005), of which all the members are South African citizens but, where any member is a juristic person, such person’s principal place of business must be in the Republic;’’;
(e) by the deletion of the definition of ‘‘subsistence fisher’’; and (f) by the substitution for the definition of ‘‘total allowable catch’’ of the
following definition: ‘‘ ‘total allowable catch’ means the maximum quantity of fish of individual species or groups of species made available annually, or during such other period of time as may be prescribed, for combined recreational, [subsistence] small-scale, commercial and foreign fishing in terms of section 14;’’.
Amendment of section 2 of Act 18 of 1998
2. Section 2 of the principal Act is hereby amended— (a) by the deletion of the word ‘‘and’’ at the end of the paragraph (i); and (b) by the addition of the following paragraphs:
‘‘(k) the need to promote equitable access to and involvement in all aspects of the fishing industry and, in particular, to rectify past prejudice against women, the youth and persons living with disabilities;
(l) the need to recognise approaches to fisheries management which contribute to food security, socio-economic development and the alleviation of poverty; and
(m) the need to recognise that fish may be allocated through a multi-species approach.’’.
Amendment of section 14 of Act 18 of 1998, as amended by section 1 of Act 68 of 2000
3. Section 14 of the principalAct is hereby amended by the substitution for subsection (2) of the following subsection:
‘‘(2) The Minister shall determine the portions of the total allowable catch, the total applied effort, or a combination thereof, to be allocated in any year to [subsistence] small-scale, recreational, local commercial and foreign fishing, respectively.’’.
Amendment of section 18 of Act 18 of 1998
4. Section 18 of the principalAct is hereby amended by the substitution for subsection (1) of the following subsection:
‘‘(1) No person shall undertake commercial fishing or [subsistence] small-scale 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.’’.
Substitution of section 19 of Act 18 of 1998
5. The following section is hereby substituted for section 19 of the principal Act:
19. (1) The Minister, in order to achieve the objectives contemplated in section 9(2) and 39(3) of the Constitution, by notice in the Gazette—
6 No. 37659 GOVERNMENT GAZETTE, 19 May 2014 Act No. 5 of 2014 Marine Living Resources Amendment Act, 2014
(a) must, subject to any law relating to marine protected areas, establish areas or zones where small-scale fishers may fish;
(b) may, within a prescribed period, recognise a community to be a small-scale fishing community, if the community meets requirements contained in the definition of a small-scale fishing community;
(c) may declare any other fishing or related activity or the exercise of any right of access in an area or zone contemplated in subsection (1)(a) to be prohibited;
(d) must prescribe— (i) the process and procedures relating to the allocation and
recognition or rights of access to small-scale fishers based within small-scale fishing communities;
(ii) procedures to be applied in the allocation of those rights; (iii) the management of the rights of access; (iv) the criteria and timetable for recognition of small-scale fishers
and small-scale fishing communities; and (e) may prescribe any ancillary or incidental administrative or procedural
matter that it is necessary to prescribe for the proper exercise and performance of the powers and duties referred to in the preceding paragraphs.
(2) No small-scale fishing right or permit shall be transferable except with the approval of and subject to the conditions determined by the Minister. (3) The Minister and any organ of state shall have regard to the need to
incorporate a community-based approach in the allocation of rights of access within the small-scale fisheries sector.’’.
Substitution of section 24 of Act 18 of 1998
6. The following section is hereby substituted for section 24 of the principal Act:
‘‘Reduction of rights
24. The Minister may in respect of any fishery, determine, after consultation with the Forum, that the portions of the total allowable catch, the total applied effort, or a combination thereof, allocated in any year to [subsistence] small-scale, local commercial and foreign fishing, and rights granted in respect thereof, shall be reduced.’’.
Short title and commencement
7. This Act is called the Marine Living Resources Amendment Act, 2014, and comes into operation on a date fixed by the President by proclamation in the Gazette.