MARINE LIVING RESOURCES ACT 18 OF 1998

The Marine Living Resources Act 18 of 1998 is a South African law designed to ensure the conservation and sustainable utilization of marine ecosystems. It establishes a regulatory system for allocating fishing rights (commercial, small-scale, and recreational) based on total allowable catches and applied effort. The Act emphasizes social transformation, aiming to rectify historical imbalances in the fishing industry. It provides the state with robust enforcement powers, including the use of fishery control officers and the ability to seize vessels, while creating a dedicated fund to support marine resource administration.

• The Act establishes several core objectives for the management of marine living resources, including the need for 'optimum utilisation and ecologically sustainable development', the conservation of resources for 'present and future generations', and the application of 'precautionary approaches'.
• The legislation aims to address social equity by restructuring the fishing industry to 'address historical imbalances' and promoting 'equitable access' for women, youth, and persons living with disabilities.
• The Minister is mandated to determine the 'total allowable catch' (TAC) and 'total applied effort' annually, allocating portions of these to small-scale, recreational, local commercial, and foreign fishing.
• The Act creates a specific legal framework for 'small-scale fishing', requiring the Minister to establish zones where small-scale fishers may operate and to recognize 'small-scale fishing communities' based on shared aspirations and historical interests.
• A 'Fisheries Transformation Council' is established with the primary goal of facilitating 'fair and equitable access' to fishing rights, specifically for 'historically disadvantaged sectors of society' and small to medium enterprises.
• The Act prohibits several fishing methods and gear, including the use of 'explosive, fire-arm, poison or other noxious substance' and 'driftnet fishing' unless authorized by a permit.
• Fishery control officers are granted extensive enforcement powers, including the ability to stop, board, and search vessels without a warrant if they suspect an offence, and the power of 'hot pursuit' beyond South African waters in accordance with international law.
• The Act establishes the 'Marine Living Resources Fund', which is funded by fines, penalties, interest, fees, and parliamentary appropriations to support the administration of the Act and its objectives.
• Penalties for contravening the Act are tiered by severity: general offences can lead to fines up to two million rand or five years imprisonment, while specific violations regarding prohibited gear or foreign vessel licensing can result in fines up to five million rand.

APA

Centre for Environmental Rights (1998). MARINE LIVING RESOURCES ACT 18 OF 1998. https://cer.org.za/wp-content/uploads/2010/07/18-OF-1998-MARINE-LIVING-RESOURCES-ACT_8-Mar-2016-to-date.pdf?x21779

Chicago

Centre for Environmental Rights. MARINE LIVING RESOURCES ACT 18 OF 1998. 1998. https://cer.org.za/wp-content/uploads/2010/07/18-OF-1998-MARINE-LIVING-RESOURCES-ACT_8-Mar-2016-to-date.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=MARINE LIVING RESOURCES ACT 18 OF 1998 |date=1 September 1998 |url=https://cer.org.za/wp-content/uploads/2010/07/18-OF-1998-MARINE-LIVING-RESOURCES-ACT_8-Mar-2016-to-date.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights1998marine, author = {{Centre for Environmental Rights}}, title = {{MARINE LIVING RESOURCES ACT 18 OF 1998}}, institution = {Centre for Environmental Rights}, year = {1998}, month = sep, url = {https://cer.org.za/wp-content/uploads/2010/07/18-OF-1998-MARINE-LIVING-RESOURCES-ACT_8-Mar-2016-to-date.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }