Courts find company guilty of illegal fishing

Conviction and sentencing for fishing in Marine Protected Area

SOUTH AFRICA: The Bredasdorp Regional Court ruled at the end of November that Unathi-Wena Fishing cc was guilty of undertaking unauthorised fishing activities occurred within the De Hoop Marine Protected Area (MPA) over a three-day period in May 2019.

The illegal catch from the fishing vessel, the White Rose, was seized and R150,000 was deposited into the Marine Living Resources Fund as security.

“This judgment reflects the strength of our environmental legislation and the importance of monitoring and enforcement in deterring illegal activities, it also reinforces our commitment to collaboration with law enforcement agencies, communities, and stakeholders in the preservation of South Africa’s rich marine heritage. This successful prosecution highlights the Department’s unwavering dedication to protecting marine biodiversity and ensuring compliance with environmental laws,” said the Minister of Forestry, Fisheries and the Environment, Dr Dion George.

The incident occurred from 10 to 13 May 2019 and was uncovered through intelligence gathered by the Department’s Monitoring and Surveillance Directorate. Investigations revealed that the vessel, operating under permit number 1900511 for the Demersal Shark Fishery sector, violated Regulation 75 of the Marine Living Resources Act and Section 49A(1)(f) of the National Environmental Management Act.

Regulation 75 of the Marine Living Resources Act (MLRA) aims to prevent illegal fishing activities within a marine protected area and states that: “No person shall, except on the authority of a permit, engage in fishing, collecting, killing, attempting to kill, disturbing, harassing, keeping or controlling of, or selling of, or be in possession of, any fish caught from a fishing vessel or vessel in a marine protected area.”

Sentencing took place on 27 November 2024 at the Bredasdorp Regional Court, which was presided over by Magistrate Cannon, imposed the following penalties on Unathi-Wena Fishing CC:

Counts 1-3 (MLRA violations): R150,000 fine.

Count 4 (NEMA violation): R2,000,000 fine, of which R1,000,000 was suspended.

“This sentencing is a significant victory in our ongoing fight against the exploitation of marine resources in protected areas. The De Hoop MPA is a critical sanctuary for marine biodiversity, and any breach of its protection undermines years of conservation efforts. This case sends a clear and unambiguous message - illegal fishing activities will not be tolerated, and violators will be held accountable! We remain steadfast in our commitment to safeguarding South Africa’s marine ecosystems for current and future generations,” said Minister George