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Thread: FYI - Ordinances make the disturbance of spawning fish or the spawn of fish illegal

  1. #1
    Join Date
    Apr 2011
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    Default FYI - Ordinances make the disturbance of spawning fish or the spawn of fish illegal

    A message from Peter Arderne:

    Contrary to what he said in the November YWG newsletter it appears that most Ordinances make the disturbance of spawning fish or the spawn of fish illegal. He will highlight this in the December newsletter and it is an important message to convey to riparian owners.

    Message from Morne Viljoen, an environmental lawyer:

    The law regarding this issue is governed as follows in the various provinces:

    1. Transvaal Nature Conservation ordinance
    Applicable to Gauteng, parts of North-West which was formerly part of Transvaal

    Section 69(b):
    Any person who willfully 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.

    2. KwaZulu-Natal NATURE CONSERVATION Ordinance 15 of 1974
    (Applicable to all areas that were formerly part of Natal)

    Section 143(3):
    No person shall at any time wilfully injure or disturb the spawn of fish or any spawning bed, bank or shallow whereon or wherein such spawn is deposited.

    3. Cape Nature Conservation Ordinance 19 of 1974
    (Applicable to Western, Eastern and Northern Cape and areas of North-West which formerly were part of the Cape of good Hope Province)

    Section 51:
    Subject to the provisions of section 61, no person shall by any means whatsoever kill or injure any fish or wilfully disturb or destroy the spawn of any fish in any inland waters; provided that the provisions of this section shall not apply in respect of any fish which is killed or injured while being caught in and taken from such waters in accordance with the provisions of this ordinance.

    Section 61:
    The provisions of sections 51 shall, in respect of any privately owned inland waters, not apply to—
    (a) the owner of such waters;
    (b) any relative of such owner, or
    (c) any full-time employee of such owner or any other person, acting with the permission of such owner.

    4. Limpopo Environmental Management Act 7 of 2003

    Section 54(1)(e):
    No person may without a permit wilfully damage, disturb or destroy the ova or spawn of fish or the spawning bed, bank or shallow where the spawn of fish is deposited

    5. MPUMALANGA NATURE CONSERVATION ACT 10 of 1998

    Section 52(2)(b):
    Any person who wilfully damages, disturbs or destroys the ova or spawn of fish or the spawning bed, bank or shallow whereon or wherein the spawn o fish is deposited, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 2 years or to both a fine and such imprisonment.

  2. #2
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    They dont specify what type of fish. Am I not supposed to go m0er the carp with a knopkierrie when I see them spawn?

    Also the date 1974 - Back then the government and nature conservation was actively involved in the breeding and protection of trout!

  3. #3
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    Quote Originally Posted by redhumpy View Post
    They dont specify what type of fish. Am I not supposed to go m0er the carp with a knopkierrie when I see them spawn?

    Also the date 1974 - Back then the government and nature conservation was actively involved in the breeding and protection of trout!
    It applies to indigenous fish of South Africa I would presume.

    Trout are still today, protected in certain areas but as you know Govt. are not really involved like they used to be, so it is left up to private companies and farmers, spacifically the breeding.

  4. #4
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    All Indigenous for sure, but go and destroy Carp as an introduced specie and I can almost guarantee that you will have someone from Al Qaeda demolish your Ford Bantam with a low flying Hang Glider.

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