On 22 August 2025 the Minister of Forestry, Fisheries and the Environment (the minister) promulgated regulations in terms of the Marine Living Resources Act (MLRA) regulating the entry of foreign fishing vessels into South African (SA) waters.
These regulations were much needed and now provide clarity where previously there was a lacuna in our fisheries’ legal management regime.
Old Position
Since the advent of the MLRA in 1998 our fisheries department (the authorities) has been regulating the entry of foreign fishing vessels into SA waters through the stowage of gear provisions of section 49 (1) read with regulation 11 of the MLRA. In short, these provisions provided that gear on board any foreign fishing vessel which did not have a South African issued foreign fishing vessel license had to be stowed in a prescribed manner while the vessel was in South African waters. In addition, regulation 11 provided that no person could have on a fishing vessel any fishing gear without the authority of a permit.
As a result, in order to regulate the entry of foreign fishing vessels into the SA EEZ and ports, the authorities developed an application form and process which was titled application for EEZ permits – in other words these permits were required for foreign fishing vessels to enter the SA EEZ. However, this process has been extremely cumbersome and has led to much controversy over the years mainly due the fact that the underlying regulations were never intended to regulate an EEZ entry process.
New Position
The latest regulations have been carefully crafted to not only provide clarity to foreign fishing vessel owners but also to significantly enhance South Africa’s contribution towards monitoring IUU vessels and complying with its international obligations in that regard.
Firstly, a clear distinction is now made between foreign fishing vessels which merely require to pass through SA waters in terms of their right of innocent passage, and vessels which require to enter SA ports.
Vessels requiring to traverse SA waters need merely to notify SA authorities of such intention 24 hours prior to entry into the SA EEZ – such notification to indicate estimated date, time and GPS position of entry and exit from SA waters, the reason for entry and the description of the route to be followed.
However, the entry into port by foreign fishing vessel requires a permit to be issued. In this regard a substantive application must be lodged at least 5 days before the vessel intends entering port. Importantly, once an application for entry into port has been submitted the foreign fishing vessel may enter South African waters pending the issue of the permit to allow the vessel into port.
The application for entry into port provides for the Minister to make a decision on such application within 4 days of receipt thereof, and the Minister may issue a permit with or without conditions or refuse to issue the permit and provide reasons therefore.
One of the main considerations to be taken into account by the Minister before issuing a permit is whether the vessel has an IUU fishing record.
Force Majeure
Importantly, the regulations also provide for force majeure where a vessel in distress may need to enter an SA port. In these circumstances, the South African Maritime Safety Authority (SAMSA) may authorize the foreign vessel to enter port – in such cases the vessel must notify the Minister of this SAMSA authorization.
Stowage and AIS
In addition, these regulations still provide for the proper storage of fishing gear and the prohibition of transshipment at sea unless a permit has been obtained. From an information perspective, the regulations have detailed provisions relating to the vessel Automatic Information System (AIS) being functional and reporting prior to entering SA waters, while within SA waters and for a period after the vessel has left SA waters.
Closing comments
In conclusion, these regulations now bring in:
- A clearer, more structed notification and permit application system.
- An application process which is in line with regulations.
- Stronger AIS tracking and data retention rules.
- Expanded Ministerial powers relating to foreign vessels in SA waters.
- Harsher penalties for non-compliant foreign vessels.
The net effect is better control by SA authorities of foreign fishing vessels in SA waters which will lead to better protection of SA marine eco systems and economic interests, and at the same time will place South Africa in better global standing with regard to suitable fisheries management and eliminating IUU fishing.