Fisheries and aquaculture rights are reserved to South African right holders (including South African citizens and legal entities in which the majority of shareholders are South African persons), which may then form charter agreements with foreign nationals.
Definitions
1. In this Act, unless the context indicates otherwise— […]
(xxviii) ‘‘high seas’’ means the waters beyond South African waters, but does not include waters subject to the particular jurisdiction of another state; (xxiv)
(xxxiii) ‘‘local fishing vessel’’ means any fishing vessel registered in the Republic which is— (a) wholly owned and controlled by one or more South African persons; (b) wholly owned by the State; (c) wholly owned and controlled by any body corporate, society or other association of persons incorporated or established under the laws of the Republic and in which the majority of the shares and the voting rights are held and controlled by South African persons; or (d) wholly owned by a body corporate designated as an authorised body corporate by the Minister; [...]
(xxxv) ‘‘mariculture’’ means the culture or husbandry of fish in sea water; [...]
(liii) ‘‘South African person’’ means— (a) a South African citizen in terms of the South African Citizenship Act, 1995 (Act No. 88 of 1995); (b) a company registered in terms of the Companies Act, 1973 (Act No. 61 of 1973), of which the majority of shareholders, as prescribed by the Minister, are South African persons; (c) a close corporation in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984), of which the majority of members are South African persons; (d) a trust in which— (i) the majority of trustees having the controlling power at any given time are South African citizens; or (ii) a majority of the beneficial interests are held by South African citizens; or ‘(e) a co-operative registered in terms of the Co-operatives Act, 2005 (Act No. 14 of 2005), of which all the members are South African citizens but, where any member is a juristic person, such person’s principal place of business must be in the Republic;
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PART 2: LOCAL FISHING
Granting of rights
18. (1) No person shall undertake commercial fishing or small-scale fishing, engage in mariculture or operate a fish processing establishment unless a right to undertake or engage in such an activity or to operate such an establishment has been granted to such a person by the Minister. [...]
(4) Unless otherwise determined by the Minister in relation to the holders of existing rights, only South African persons shall acquire or hold rights in terms of this section.
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PART 4: GENERAL LOCAL MATTERS
Local fishing vessel licence
23. (1) No person shall use a fishing vessel or any other vessel to exercise any right of access unless a local fishing vessel licence has been issued to such person.
(2) An application for a local fishing vessel licence shall be submitted to the Minister in the manner that the Minister may determine.
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PART 6: FOREIGN FISHING [...]
Foreign fishing vessel licences
39. (1) No foreign fishing vessel shall be used for fishing or related activities in South African waters unless a foreign fishing vessel licence has been issued to such vessel.
(2) Subject to the provisions of this Act, the Minister may issue a foreign fishing vessel licence in the prescribed format authorising a foreign fishing vessel to be used in South African waters, or any part thereof, for the fishing or related activities that may be determined in the licence.
(3) Subject to subsection (4), no foreign fishing vessel licence shall be issued to any foreign fishing vessel unless there is in force with the government of the flag state of the vessel or with an association of which the owner or charterer is a member, a fishery agreement to which the national government of the Republic is a party.
(4) Notwithstanding the absence of a fishery agreement contemplated in subsection (3), the Minister may issue a licence in respect of a foreign fishing vessel where the applicant provides sufficient financial and other guarantees relating to his or her fulfilment of all obligations arising in terms of this Act, as well as other conditions regarding insurance related to pollution and rescue, and the Minister is satisfied that those guarantees are adequate for that purpose.
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PART 7: HIGH SEAS FISHING
Prohibition of high seas fishing
40. No person shall undertake fishing or related activities on the high seas by means of a fishing vessel registered in the Republic unless a high seas fishing vessel licence has been issued in respect of such a fishing vessel.
High seas licences
41. (1) The Minister may issue a high seas fishing licence in respect of a local fishing vessel, subject to the conditions that he or she considers appropriate.
(2) A high seas fishing licence shall be valid for a period not exceeding one year.
(3) A high seas fishing licence shall only be issued in respect of a local fishing vessel.[...]" (Marine Living Resources Act, No. 18 of 1998, as amended)
Marine Living Resources Act, No. 18 of 1998, as amended
[<a href="https://www.gov.za/documents/marine-living-resources-act-27-may-1998-0000">Act</a>]