Regulating foreign fishing vessels in South African waters

DFFE invites comments on proposed regulations

SOUTH AFRICA: The Department of Forestry, Fisheries and the Environment (DFFE) is calling for public comment on draft regulations relating to the entry of foreign fishing vessels into South African waters which aim to provide clarity on procedures applicable to foreign fishing vessels wishing to transit local waters or enter the country’s ports.

According to a statement in the government gazette, the regulations will provide more oversight on the presence of fishing vessels and ensure that all fishing gear is properly stowed to regulate transhipment as well as minimise illegal, unreported and unregulated fishing.

After publishing the first draft of regulations in January last year, the new draft includes revisions based on comments received during consultations.

Changes to the draft regulations include a more precise definition of associated activities to clarify the inclusion of storage and container vessels that support fishing. The new set of regulations also highlight that all transhipment at sea is prohibited unless a permit has been issued in terms of the Marine Living Resources Act.

Taking cognisance of the UN Convention of the Law of the Sea that preserves the right of innocent passage, the power to allow the Minister to refuse entry into South African waters if there is any suspicion of IUU fishing has been removed.

While a vessel cannot be refused entry, restrictions can be placed on their passage through South African waters, which these draft regulations provide for. This includes notification of entry and stowage of all fishing gear on board while traversing South African waters.

Foreign fishing vessels will only be able to enter a port when issued with a permit and the permit application process has been amended. Port entry permits can be denied where there are reasonable grounds to believe that the vessel has been in engaged in IUU fishing unless entry is required for enforcement or inspection purposes.

The Draft Regulations now also introduce an obligation to notify a flag state of that refusal.

A requirement has also been added prohibiting the deletion of tracking data for a specified period.

Members of the public are invited to submit written comments within 30 days from the date of the publication of this notice in the Government Gazette (24 January 2025).

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