Effective from 22 August 2025 the South African Minister of Forestry, Fisheries and the Environment published Regulations for the Entry of Foreign Fishing Vessels into South African Waters, 2025 under the Marine Living Resources Act.
A copy of the Regulations is available from the South African Government website here:
The Regulations are of broad application:
- They apply to foreign flagged vessels (including boats, ships or other craft) ’used for, equipped to be used for or of a type that is normally used for fishing or associated activities’ (Regulation 1).
- ‘Associated activities’ include storing, buying, selling, importing, exporting, transhipping, processing and transporting fish or any fish product as well as the refuelling, supplying or supporting of foreign fishing vessels (Regulation 1).
- Reference to ‘South African waters’ extends to include the EEZ and, for some marine species, the Continental Shelf Zone (Regulation 1).
The Regulations require 24-hour prior notification of entry into South African waters (regulation 4). Permits are required before entering a South African port or transhipping at sea (Regulations 5, 6 and 8).
The Regulations also deal with the stowage of fishing gear and the boarding and inspection powers of authorised officials (Regulations 7 and 8).
AIS must be functional when in South African waters, with any interruptions reported to the relevant authorities (Regulation 9). The Regulations include a provision that ‘[n]o person may delete any tracking data from a vessel’s automatic information system recorded from the time of entry by the foreign vessel into South African waters for a period of seven calendar days after leaving South African waters’ (Regulation 9(4)).
Maximum penalties for contravention or non-compliance are two years’ imprisonment and a fine of ZAR 2 million, which is approximately USD 115 000 at the current exchange rates (Regulations 10 and 11).
On the same date, the Minister provided further opportunity for interested parties to nominate suitably qualified persons to serve on a new Consultative Advisory Forum for Marine Living Resources.
Further details are available from the South African Government website here.
