CHAPTER VI
FISHERIES
Application of Chapter
67. The provisions of this Chapter shall not apply-
(a) to the owner or occupier of land who catches fish;
(b) to a relative of the owner or occupier of land who catches fish with the permission of such owner or occupier;
(c) to an employee in the full-time service of the owner or occupier of land who, on the instructions of such owner or occupier, catches fish otherwise than by angling,in waters surrounded by the land of such owner or occupier.
Closed season for fish
68. The Administrator may by notice in the Provincial Gazette declare a period to be a closed season during which the catching of fish in the waters defined in the notice shall be prohibited.
Catching of fish during closed season
69. Any person who-
(a) catches fish during a closed season in the waters defined in a notice contemplated in section 68;
(b) wilfully damages, disturbs or destroys the ova or spawn of fish or the spawning bed, bank or shallow whereon or wherein the spawn of fish is deposited,shall be guilty of an offence.
Trout waters
70. (1) The waters defined in Schedule 9 to this Ordinance shall be trout waters in so far as those waters are situated in a particular province.
(2) The Administrator may by notice in the Provincial Gazette amend, substitute or repeal Schedule 9 to this Ordinance.
Catching of fish otherwise than by angling
71. (1) No person shall-
(a) catch fish in waters otherwise than by angling, unless he is the holder of a permit which authorizes him to do so;
(b) while angling employ a method to hook fish on any part other than in the mouth.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
Permissible fishing tackle and bait
72. (1) No person shall-
(a) angle in trout waters otherwise than with one line with one or more non-spinning artificial flies attached to it;
(b) angle in other waters with more than two lines with more than either two single hooks with natural bait or one artificial lure or spoon attached to each line;
(c) catch fish with a set-line, unless he is the holder of a permit which authorizes him to do so.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
Possession of nets or traps
73. (1) No person shall possess a net or trap with which fish may be caught: Provided that-
(a) any person may possess a landing-net or keep-net designed for the purpose of landing or keeping fish caught with a line and a fish-hook;
(b) such a net or trap may be possessed by-
(i) the owner or occupier of land surrounding waters;
(ii) a licensed dealer on the premises where he carries on business;
(iii) the holder of a permit issued in terms of section 71 (1) (a).
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
Angling without licence
74. (1) Subject to the provision of this Ordinance, no person of and above the age of 16 years shall angle, unless he is the holder of a licence which authorizes him to do so and carries a licence with him when angling.
(2) Notwithstanding subsection (1)-
(a) the owner or occupier of land may angle in waters situated on land of which he is the owner or occupier;
(b) a relative of the owner or occupier of land may, with the permission of such owner or occupier, angle in waters situated on the land of such owner or occupier;
(c) an employee in the full-time service of the owner or occupier of land who has obtained the written permission of such owner or occupier beforehand and carries the permission with him may angle in waters surrounded by the land of such owner or occupier.
(3) Any person who contravenes or fails to comply with subsection (1) or any person contemplated in subsection (2) (c) who fails to obtain the permission contemplated therein or fails to carry it with him while angling shall be guilty of an offence and liable on conviction-
(a) where such person is not the holder of a licence or permission, to a fine not exceeding R750 or to imprisonment for a period not exceeding 9 months or to both such fine and such imprisonment;
(b) where such person is the holder of a licence or permission but does not carry it with him while angling, to a fine not exceeding R250 or to imprisonment for a period not exceeding 3 months.
Permission necessary to catch fish
75. (1) Subject to the provisions of this Ordinance, no person shall catch fish in waters, unless he has obtained the permission of the owner or occupier of the land on which the waters are situated beforehand.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
Entering upon land with fishing tackle
76. (1) No person shall enter upon or be on land on which there are waters in which fish is found or is likely to be found while he is in possession of fishing tackle, unless he has a lawful reason to do so or has obtained the permission of the owner or occupier of the land beforehand.
(2) For the purpose of subsection (1) "land" shall not include a public road.
(3) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
Placing of obstruction in waters and draining of waters
77. Any person who-
(a) places an obstruction in waters preventing the free passage of fish;
(b) for the purpose of catching or killing fish, drains the water from a pond, reservoir, lake or similar place-
(i) by cutting through, breaking down or otherwise damaging a wall, bank or barrier thereof;
(ii) by tampering or interfering with a sluice, gate, valve or outlet thereof,
shall be guilty of an offence.
Placing of certain objects in waters
78. (1) No person shall place an object which floats in water which-
(a) constitutes or is likely to constitute a danger-
(i) to a vessel;
(ii) to any person practising sport;
(iii) to any person who angles;
in or on the waters in which the object has been placed;
(b) serves as a marker indicating the place where there is any object, substance, agent or product under the water which allures or is likely to allure fish,
unless he is the holder of a permit which authorizes him to do so.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
Placing or releasing of fish in waters
79. (1) No person shall place or release live fish in waters, unless he is the holder of a permit which authorizes him to do so.
(2) Notwithstanding subsection (1) any person who has caught a fish may thereafter place or release it alive in the waters in which he caught it.
(3) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
Sale of live fresh water fish
80. (1) No person shall sell live freshwater fish, unless he is the holder of a permit which authorizes him to do so.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
Importing of live fish
81. (1) No person shall import live fish into the Province, unless he is the holder of a permit which authorizes him to do so.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
Exemption to catch or sell trout
82. Where the Administrator is of the opinion that waters are so situated or are contained in such manner that fish cannot readily gain access to such waters, he may, upon the written application of the owner of the land on which such waters are situated, exempt-
(a) the owner;
(b) any other person indicated by the owner in the application,
in writing from all or any of the provisions of this Ordinance applicable to the catching or sale of fish in respect of the catching of trout in the waters referred to in the exemption and the sale thereof.
(2) The holder of an exemption contemplated in subsection (1) may grant permission in writing to any other person to catch or sell, subject to the provisions of the exemption, trout in the waters referred to in the exemption.
(3) A permission contemplated in subsection (2) shall contain-
(a) the name and residential address of the person granting it;
(b) the date of which it is granted;
(c) the name of the person to whom it is granted; and
(d) the signature of the person granting it.
(4) The holder of a permission contemplated in subsection (2) may, in accordance with the particulars contained therein and subject to the provisions of the exemption contemplated in subsection (1), catch trout in the waters referred to in the exemption and sell it.
(5) The holder of a permission contemplated in subsection (2) shall carry it with him when he catches or sells trout thereunder.
(6) Any person who contravenes or fails to comply with subsection (5) shall be guilty of an offence.
Receipt, possession, acquisition or handling of fish
83. Any person who-
(a) receives fish knowing that it was not caught lawfully;
(b) is found in possession of fish in respect of which there is a reasonable suspicion that it was not caught lawfully and is unable to give a satisfactory account of such possession;
(c) in any manner acquires or receives into his possession or handles fish without having reasonable cause, proof of which shall be on him, for believing at the time of such acquisition, receipt or handling, that such fish was caught lawfully,
shall be guilty of an offence.
Pollution of waters
84. Any person who-
(a) carries on a business or follows an occupation having the effect that any substance or thing, whether solid, liquid or gaseous, is used or produced which is likely to be or become injurious to fish or fish food, and does not take the necessary steps to prevent such substance or thing from entering or percolating into waters in which there is fish;
(b) deposits any substance or thing contemplated in paragraph (a) into waters in which there is fish or causes or allows it to enter or percolate therein,
shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or to imprisonment for a period not exceeding 24 months or to both such fine and such imprisonment and may be fined to a further amount not exceeding R500 for every day the offence continues.
Prohibited acts with certain aquatic growths
85. (1) No person shall possess, sell, purchase, donate or receive as donation, convey, import into the Province, cultivate or place in waters an aquatic growth referred to in Schedule 10 to this Ordinance, unless he is the holder of a permit which authorizes him to do so.
(2) The Administrator may by notice in the Provincial Gazette amend, substitute or repeal Schedule 10 to this Ordinance.
(3) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.