Threatened or Protected Marine Species Regulations, Government Notice no. R 477 of 2017.

These Regulations, made in terms of section 97(1) (b), (dA), (f), (fA), (g) and (h) of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), apply to the restricted activities involving specimens of marine species listed as threatened or protected, and provide for: defining and specifying the permit system set out in Chapter 7 of the Biodiversity Act involving specimens of listed threatened or protected marine species; the registration of sanctuaries, captive breeding facilities, rehabilitation facilities for threatened or protected marine species; boat-based whale and dolphin watching, and white shark cage diving. The Regulations cover the following topics: scientific study of biodiversity in a given area to assess the species composition of the ecosystem; wild species born and bred in captivity; chumming, as using pieces of an animal weighing less than 10 grams, in the water to lure a live specimen of a listed threatened or protected marine species; colony where seabirds of the same species aggregate for moulting; commercial purposes; controlled environment for facilitating the intensive breeding or propagation of specimens; exhibition facility; DNA certificate, and genotyping; animal feed; harassing live specimen of a listed threatened or protected marine species; quarantine purposes; risk assessment; land ownernship; scientific institutions; wildlife and wildlife products trader; veterinarian.
The Regulations concern: activities prescribed as restricted, including: feeding threatened or protected marine species, harassing and attracting threatened or protected marine species, release specimen of a live specimen of a listed threatened or protected marine species; permit system for activities involving threatened or protected marine species; standing permit and covered restricted activities; permit application procedure; restricted activities requiring the collection of DNA samples for genotyping; marking of specimens; restricted activities requiring a risk assessment and procedure to follow to submit the report, including: activities involving wild specimens of listed critically endangered marine species, activities carried out in ecosystems listed as critically endangered, release of a captive-bred or artificial propagated specimen into a national protected area; factors to be taken into account by issuing authorities when considering permit applications, including: conservation status of the species, carrying out of any environmental impact assessment, issuance of environmental authorisation and approval of any environmental management Plan; procedure and requirements for issuing permits; registration of captive breeding facilities, rehabilitation facilities, sanctuaries, temporary holding facilities, exhibition facilities and wildlife traders; duties of permits and registrations holders; renewal, amendment or cancellation of permits and registrations.
Further matters covered by the Regulations include: recognition of organisations and associations involved in the utilisation of listed threatened or protected marine species; codes of responsible conduct and good practice; prohibition of specified activities under certain circumstances; permits concerning hunting, catch, release and killing of listed threatened or protected marine species, and related fees; boat-based whale and dolphin watching permits; research activities; penalties and offences.