Section 18(4) of the Marine Living Resources Act, 1998 (Act No. 18 of 1998) as amended (“the Act”) stipulates that unless otherwise determined by the Minister in relation to the holders of existing rights, only South African persons shall acquire or hold rights in terms of section 18 of the Act. Accordingly, no fishing rights have been granted to any non-South African entity and/or individuals in terms of section 18 of the Act.
Section 13(1) of the Act stipulates that no person shall exercise any right granted in terms of section 18 or perform any other activity in terms of this Act unless a permit has been issued by the Minister to such person to exercise that right or perform that activity. Furthermore, the Act provides that any permit contemplated in section 13(1) shall be issued:
(a) for a specified period not exceeding one year;
(b) subject to the conditions determined by the Minister in the permit; and
(c) against the payment of any fees determined by the Minister in terms of section 25 (1).
Furthermore, the Department does issue Exclusive Economic Zone (EEZ) permits in terms of section 13(1) of the Act for foreign vessels which have fished in High Seas (outside South African EEZ). The foreign vessels that apply for EEZ permits in the country mostly apply to bunker, take on water and supplies; repairs, refuel, emergency medical problems and receiving transhipment of fish facilitated by South African Fisheries Control Officers (FCO’s) any time while in South African waters in accordance with the powers granted to such officers in terms of section 51 of the Act. In addition, Foreign fishing vessels entering the EEZ should declare all the fish species, quantities and all fishing gear on board shall be properly stowed before entering the EEZ.