Sea Fishery Amendment Act

1. Section I of the Sea Fishery Act, 1988 (hereinafter referred to as the principal 5 Act), is hereby amended- ( a) by the deletion of the definition of "Republic"; (b) by the substitution for the definition of "sea" of the following definition: " 'sea' means the water and the bed of the sea within the fishing zone, including the sea-shore [but excluding] and the water and the 10 [beds of. tidal rivers and tidal lagoons] bed of a tidal river, tidal lagoon and harbour and includes the internal waters referred to in section 3 of the Maritime Zones Act, 1994 (ActNo.15of1994): Provided that in the case of rivers and lagoons, internal waters shall only include tidal rivers and tidal lagoons;"; and 15 (c) by the substitution for the definition of "territorial waters" of the following definition: · · · " 'territorial waters' means the [sea within a distance of 12 nautical miles from the low-water mark] territorial waters referred to in section 4 of the Maritime Zones Act, 1994 (Act No. 15 of 1994);". 20 Amendment of section 3 of Act 12 of 1988 . . . ' -- ~.

2. Section 3 of the principal Act is hereby amended by substitution for paragraph (b) of the following paragraph: 4 No. 16732 Act No. 74, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 1995 SEA FISHERY AMENDMENT ACT, 1995 "(b) the catching offish in a tidallagoon, tidal river or estuary along the coast of the province of KwaZulu-Natal or from the sea-shore along the said coast [excluding that part of the said coast in an area which consists of land referred to in section 21(1) of the Develop ment Trust and Land Act, 1936 (Act No. 18 of 1936), or in a scheduled Black area as defined in section 49 of the· said Act] ; or". Amendment of section 45 of Act 12 of 1988, as amended by section 9 of Act 98 of 1990, section 17 of Act 57 of 1992 and section 66 of Act 129 of 1993 .

3. Section 45 of the principal Act is hereby amended by the substitution for paragraph (ffi) of subsection (1) of the following paragraph: 5 10 "(ffi) the prohibition that more than a specified quantity or mass of any fish, or fish belonging to a particular species or category, be caught, disturbed, possessed, kept, controlled or transported during the course of any or a specified year or any other period, in general or within a defined area, by any person or fisherman or 15 fishing boat or by all the participants in the fishing industry jointly, except on the authority of a permit issued by the director general and in accordance with the conditions determined by him or her in the permit or on the authority of, and in accordance with the conditions imposed in terms of, any other means as approved 20 by the Minister;". Repeal of laws

4. The laws mentioned in the Schedule are hereby repealed to the extent indicated in column 3 thereof. Extension or application of Act 12 of 1988 25

5. The principal Act shall apply throughout the Republic. Short title and commencement

6. This Act shall be called the Sea Fishery Amendment Act, 1995, and shall come into operation on a date fixed by the President by proclamation in the Gazette. 30 6 No. 16732 GOVERNMENT GAZETfE, 4 OCI"OBER 1995 Act No. 74, 1995 : SEA FISHERY AMENDMENT ACI", 1995' SCHEDULE (SECllON 4) · ::· No. and year of law . Short title Decree 9 of 1992 of the former Republic of Trariskei ... , Act 10 of 1987 of the former Republic of Ciskei Environmental Conservation Decree, 1992 . Nature .conservation Act, 1987 - . . Extent of repeal Chapter 10. <- • • f ; . . - . : . Section 70 and Chapter 7, exclud- . ing sections 51, 52, 56, 58, 66 and 67 •