CHAPTER 6
AQUATIC BIOTA AND AQUATIC SYSTEMS
Catching of fish
54. (1) No person may without a permit –
(a) catch fish in any aquatic system otherwise than by means of angling;
(b) place in any aquatic system any obstruction preventing the free passage of
fish;
(c) drain or partially drain or attempt to drain any aquatic system in order to
catch or kill fish in any manner whatsoever;
(d) catch fish during a closed season in an aquatic system specified in a notice
issued in terms of section 56;
(e) wilfully damage, disturb or destroy the ova or spawn of fish or the
spawning bed, bank or shallow where the spawn of fish is deposited;
(f) while angling, employ a method to hook fish on any part other than in the
mouth;
(g) angle with –
(i) more than two lines;
(ii) a line to which more than two single hooks are attached with
natural bait; or
(iii) a line to which more than one artificial lure or spoon is attached;
(h) catch fish with a set line;
(i) catch, stun or kill fish by means of any explosive or electrical device;
(j) wilfully poison fish by any means or method;
(k) make a feeding area in waters by placing any animal matter, vegetable
matter or other substance therein to lure fish; or
(l) angle in a Provincial Nature Reserve, a Site of Ecological Importance, a
Protected Environment or a Private Nature Reserve
(2) Subsection (1)(a) to (d),(f) to (h) and (l) does not apply to the following persons
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with respect to an aquatic system that has been artificially created and that is totally
surrounded by the land of the owner
(a) the owner of such land;
(b) a family member acting with the written permission of the owner;
(c) an employee in the full time service of the owner acting on the written
instruction or with the written permission of the owner; and
(d) any other person acting with the written permission of the owner.
Possession of fishnets, fish traps or similar devices
55. (1) No person may on land on which an aquatic system occurs, be in possession of a fishnet, a fish trap or a similar device designed for the catching of fish, without the written permission of the owner of the land.
(2) Subsection (1) does not apply to the possession on land on which an aquatic
system occurs, of a landing net or keep-net designed for the purpose of landing or keeping fish.
Closed season for angling
56. The MEC may, by notice in the Provincial Gazette, declare a period of the year to be a closed season during which angling in the aquatic system specified in the notice is prohibited.
.
Protection of aquatic systems
57. (1) No person may without a permit –
(a) establish or operate an aquaculture process;
(b) place or release live aquatic biota in any aquatic system except aquatic
biota released alive by the person who had caught it in the same aquatic
system where it had been caught;
(c) import into, convey in the Province, buy, sell, donate, receive as a gift,
live aquatic biota excluding such species referred to in the list published
by the MEC by notice in the Provincial Gazette from time to time;
(d) possess, sell, purchase, donate or receive as a gift, import into the Province, convey, cultivate or place in an aquatic system an aquatic growth referred to in Schedule 9;
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(e) place in water a floating object which –
(i) constitutes or is likely to constitute a danger –
(aa) to a boat, float or similar vessel;
(bb) to any person practising sport; or
(cc) to any person who angles in an aquatic system in which the
object has been placed;
(ii) serves as a marker indicating the place where there is any object,
substance, agent or product under the water which lures or is likely
to lure fish;
(f) catch any aquatic biota in any aquatic system in a Provincial Nature
Reserve, a Site of Ecological Importance, a Protected Environment or a
Private Nature Reserve; or
(g) catch any aquatic biota in an aquatic system in a Protected Environment,
Private Nature Reserve or Resource use area, excluding fish caught by
angling with the written permission of the owner of the land on which the
aquatic system occurs.
(2) No person may without a permit issued in terms of this Act or other document
issued in terms of any other relevant legislation, convey through the Province –
(a) live aquatic biota excluding those species referred to in the list published
by the MEC by notice in the Provincial Gazette from time to time; or
(b) aquatic growth referred to in Schedule 9.
Pollution of aquatic systems
58. No person may –
(a) deposit into an aquatic system any solid, liquid or gaseous substance or
thing which may injure, damage or kill, or in any way be harmful to,
aquatic biota;
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(b) cause or allow such substance or thing to enter or percolate into an
aquatic system; or
(c) carry on a business or occupation which may result in any such substance
or thing entering or percolating into an aquatic system, without taking
adequate precautions to prevent such substance or thing from entering or
percolating into that aquatic system.
Powers of MEC
59. The MEC may–
(a) take steps that may be necessary or expedient for –
(i) research in connection with any matter dealt with in this Chapter;
or
(ii) the propagation or control of any aquatic biota or aquatic growth;
(b) take steps in connection with the catching, collection, destruction,
reduction, removal, elimination, either generally or in a particular area, of
any matter referred to in this Chapter that may be harmful to any aquatic
biota;
(c) conduct any survey or institute any investigation regarding any matter
referred to in this Chapter;
(d) purchase, sell or exchange any aquatic biota;
(e) take steps to develop and control land for the promotion of this Chapter in
collaboration with any other public or private body; or
(f) on approval of a project proposal, authorise any person or body in writing
to do research on any aquatic biota.
Regulations
60. The MEC may in terms of section 122 make regulations for the purposes of this Chapter
relating to –
(a) the measurements, mass and size of aquatic biota that may be caught and
retained;
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(b) the control and regulation of the catching of fish;
(c) the taking, disturbing, destruction or collection of ova or spawn of fish;
(d) the sale of aquatic biota or aquatic growths;
(e) the import into or the export or removal from the Province of aquatic biota
or aquatic growths;
(f) the possession or keeping of aquatic biota, or the conveyance or removal
of aquatic biota from one place to another;
(g) the poisoning of aquatic biota;
(h) the supervision, control, development and protection of aquatic systems;
(i) the quantity, nature, measurements, form and construction of –
(i) fishing tackle, either generally or in relation to a particular species
of fish; or
(ii) any other equipment used for the catching of aquatic biota;
(j) the control, import into the Province, cultivation, destruction or combating
of a plant that is or could be harmful to aquatic biota;
(k) research regarding aquatic biota; and
(l) any other matter that may be necessary to facilitate the effective
implementation of this Chapter.