Acts and regulations

ajayrajh

New member
Hi

 

Does anyone know what acts & regulations govern fishing in the country and in Gauteng? If you have a link please post it.

thanx
 

Koos Bass

Member
Dude, I dont think Gauteng know about their acts and regulations.

I have been asking the same question at a number of tackle stores and anglers but when u speak to anglers you get their views and no concrete info.

If you do find something please post it for us all to see, Ill also keep looking

Thanks
 

100% African

Senior Member
there are many acts which will be relevant but what you want are the provincial regulations... it differst from province to province, like for example, it is only legal to use kive bait in kzn.... i'll look into it for you seeing as this is kind of in my field...
 

DJP

Sealiner
These are all acts that hold some form of significance for freshwater bodies and thus by implication freshwater fishing... Environment Conservation Act, Environmental Laws Rationalisation Act , Municipal Systems Act , National Environmental Management Act (NEMA), National Environmental Management Amendment Act’s, National Environmental Management: Biodiversity Act , National Environmental Management: Protected Areas Act, National Environmental Management, National Heritage Resources Act and the National Water Act.

May I ask why you want to know this?
 

basslover

Senior Member
100% African wrote:
there are many acts which will be relevant but what you want are the provincial regulations... it differst from province to province, like for example, it is only legal to use kive bait in kzn.... i'll look into it for you seeing as this is kind of in my field...
100% African...

Not gunning you, but if you can show me on black and white that it is illegal to use live bait then i will give you a big fat kiss!!!!hehehe
 

Quinton

New member
got this this morning when purchasing my licence...

Fishing
This leaflet lists good, accessible angling waters within 150 km of Cape Town, and provides general conservation guidelines for freshwater anglers. A map indicates suitable waters. Waters are divided into dams and rivers. The most commonly caught fish species in each water are listed. These fishes can be identified with A Complete Guide to the Freshwater Fishes of Southern Africa by Paul Skelton (available at most CNA's). Dams

1. Brandvlei: carp and white fish
2. Idas Valley: two dams well-stocked with rainbow trout
3. Lakenvlei: rainbow trout
4. Misverstand: carp, largemouth and smallmouth blackbass and Mozambique tilapia
5. Sandvlei: carp, Mozambique tilapia, sharptooth catfish and mullet
6. Theewaterskloof: largemouth bass
7. Volvlei: carp and smallmouth bass
8. Zeekoevlei: carp, Mozambique tilapia and sharptooth catfish

Rivers Berg River: rainbow trout above Franschhoek. Above Paarl the river contains smallmouth bass and carp. The remainder of the river contains carp, Mozambique tilapia, sharptooth catfish and smallmouth bass. Breede River: rainbow trout dominate its mountain tributaries (e.g. Elandsplaat, Holsloot and Molenaars rivers) but brown trout dominate the upper Witte River. The Breede River provides excellent fishing for carp, smallmouth bass and some whitefish. Eerste and Lourens rivers: rainbow trout are common in the sections above Stellenbosch and Somerset West respectively. Carp are common in the middle and lower river. General Conservation Tips

* Ensure that you have permission to fish on the waters you intend fishing, especially when on private land.
* Contact numbers for trout and bass fishing are the Cape Piscatorial Society, Tel. (021) 424 7725 and Bassin' Distributors Tel. (021) 930 6170.
* Please do not litter and never throw away fishing line.
* Litter is a hazard to human and fish health, and fish line can entangle and kill birds.
* Please return indigenous fishes (e.g. Clanwilliam yellowfish, sawfin and whitefish) to the water.
* All large species are threatened with extinction as they have been eliminated from much of their former ranges by alien fishes such as the two black bass species, carp and sharptooth catfish.
* Should you wish to stock virgin farm dams, consider indigenous fish as a first option. Many are good angling fishes and by choosing them landowners can help conserve them.
* You need a permit to transport live fish from one waterbody to another.
* An angling licence from CapeNature is required to catch fish in any river or dam.

CapeNature
Cape Town: (021) 426 0723
George: (044) 874 2160
Hermanus: (028) 316 3338
Bellville: (021) 945 4701
Oudtshoorn: (044) 279 1739
Porterville: (022) 931 2900/7
Robertson: (023) 625 1621
Stellenbosch: (021) 866 1560
 

ajayrajh

New member
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.
 

Paulk

New member
I have a coke riding on this...
do you need a lisence to fish in fresh waters? I know that you need one for angling at the coast.:ssswim:
 

ajayrajh

New member
That is a question I am finding hard to get answers on Paulk. I wouldnt think u would require a licence to catch an alien invasive species which pretty much covers most of the recreational angling in freshwater except for maybe barbel and a few others. But i am not sure? Some ppl say yes and some say no I dunno which ones right. I can understand the need for a lic if u fishing for indigineous species.
 

plugger

Senior Member
In KZN you are required to have a permit to fish in waters controlled by NCS or Mzinzi Holdings. Other than that I'm not sure. The do's and don'ts are quite simple. Do what you like and don't get caught. Just kidding lol.
 

ajayrajh

New member
basslover wrote:
100% African wrote:
there are many acts which will be relevant but what you want are the provincial regulations... it differst from province to province, like for example, it is only legal to use kive bait in kzn.... i'll look into it for you seeing as this is kind of in my field...
100% African...

Not gunning you, but if you can show me on black and white that it is illegal to use live bait then i will give you a big fat kiss!!!!hehehe

BASSLOVER U OWE 100% African A BIG FAT KISS.

I quote:

[align=left]NATURE CONSERVATION REGULATIONS[/align]

[align=left]Published under[/align]

[align=left]Administrator's Notice 184[/align]
[align=left]12 August 1983[/align]
[align=left]The Administrator has, in terms of section 38 of the Nature Conservation Ordinance 8 of 1969[/align]
[align=left](hereinafter referred to as the Ordinance), made the following regulations in substitution for the regulations[/align]
promulgated under Administrator's Notice 276 of 12 December 1969:

[align=left]PART 3 (regs 10-14)[/align]
[align=left]10 Fish and Other Aquatic Animals[/align]

[align=left]A licence referred to in section 23 (1) of the Ordinance shall only be issued after payment of
132[/align]
[align=left]the amount as determined by the Administrator and shall be subject to the following conditions and[/align]
[align=left]requirements:[/align]

[align=left](a)
The license shall not be transferable and shall be invalid until the holder thereof has appended[/align]
[align=left]his signature thereto;[/align]

[align=left](b)
the licence shall only be valid in its original form and no amendment shall be made thereon;[/align]
[align=left](c)
the fee paid for the licence shall not be refundable;[/align]
[align=left](d)
the licence shall lapse with the loss or destruction of the document and no copy thereof shall be[/align]
[align=left]issued;[/align]

[align=left](e)
the licence shall be valid for a period not exceeding 12 months ending on 31 December.[/align]
[align=left]11[/align]

[align=left](1) Except under authority of a permit which may be issued by the Administrator, no person shall-[/align]

[align=left](a)
On any day catch and keep more fish of a species specified hereunder than the number indicated[/align]
[align=left]in respect of such species:[/align]

[align=left]Yellowfish (
Barbus species) -10[/align]
[align=left]14
1 ...[/align]
[align=left]Trout (
Salmo species) -6;[/align]
[align=left]15
2 (b) keep any fish of a species specified hereunder which is shorter than the length indicated in[/align]
[align=left]respect of such species, but shall return such fish immediately to the water from which it was[/align]
[align=left]caught:[/align]
[align=left]Smallmouth yellowfish (
Barbus holubi) - 45 centimetres[/align]
[align=left]Largemouth yellowfish (
Barbus kimberleyensis) - 45 centimetres[/align]
[align=left]Trout (
Salmo species) - 30 centimetres.[/align]
[align=left](2) No person shall use live fish as bait.[/align]

[align=left]8[/align]

[align=left]12[/align]

[align=left]Except under authority of a permit which may be issued by the responsible Member, no person[/align]
[align=left]shall import into the Province, keep in captivity, sell alive or place or release in any waters any prohibited[/align]
[align=left]species of fish as listed in the Consolidated List for Freshwater Fish of the Department of Agriculture;[/align]
[align=left]Directorate of Plant and Quality Control.[/align]
[align=left][Reg 12 repealed by PN 71 of 1995 and inserted by PN 61 of 4 April 1996.][/align]

[align=left]13[/align]

[align=left](1) No person shall organize or hold an angling contest or competition, except under authority of a[/align]
[align=left]permit which may be issued by the Administrator.[/align]
[align=left](2) No person shall take part in an angling contest or competition unless it has been authorized in[/align]
[align=left]terms of sub-regulation (1).[/align]

[align=left]14[/align]

[align=left]Without derogating from the provisions of section 28 of the Ordinance, no person shall import into[/align]
[align=left]the Province, sell alive or place or release in any waters any aquatic animal, other than a fish, except under[/align]
authority of a permit which may be issued by the Administrator.
 

basslover

Senior Member
hahahaha...i see...can you email me that legislation so that i can see it on black and white....thanks...
hugo.floattube@yahoo.co.uk
 
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