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PERMIT and EXEMPTION CONDITIONS

DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM
REPUBLIC OF SOUTH AFRICA
Private Bag X2, Roggebaai, 8012, Tel (+27 21) 402 3911, Fax (+27 21) 402 3364
Website: www.deat.gov.za

Ref: V1/8/5/1
Enquiries: J du Toit
Tel: 021-402 3358 Fax: 021-402 3009 Email: jdutoit@deat.gov.za

White Shark Ecoventures cc
PO Box 50325
V & A Waterfront
8000

Dear Sir / Madam

EXEMPTION IN TERMS OF SECTION 81 OF THE MARINE LIVING RESOURCES ACT, 1998 (ACT NO. 18 OF 1998) FOR WHITE SHARK ECOVENTURES CC TO UNDERTAKE GREAT WHITE SHARK CAGE DIVING IN ORDER TO ATTRACT GREAT WHITE SHARKS

The Deputy Director- General: Marine and Coastal Management in pursuance of the delegated authority conferred upon him by the Honourable Minister of Environmental Affairs and Tourism as contemplated in Section 79 of the Marine Living Resources Act, 1998 (Act No 18 of 1998) hereby grant in terms of Section 81 of the Act the following exemption with immediate effect to:

White Shark Ecoventures cc to undertake Great White Shark Cage Diving in Gansbaai-Geyser Island. The period of exemption shall remain valid until 31 May 2007 or until the allocation of White Shark Cage Diving permits in the White Shark Cage Diving Sector, which ever occurs first.

This exemption is subject to the same condition as per the exemption allocated in 2005. Both the exemption as well as the 2005 allocated exemption must be available at all times for inspection.

PERMIT AND EXEMPTION CONDITIONS
This exemption is subject to the following conditions:

1. The letter “S” must be displayed on the vessel next to the area number.

2. The Exemption Holder shall not use any vessel unless it bears the registration letters and numbers assigned thereto by the Director-General. Such letters and numbers shall be painted in white on a black background or in black on a white background on both bows in characters not less than 15cm in height, 10cm in breadth (figure “1” excepted) and 2cm in thickness (width of stroke). The space between adjacent letters and figures shall be between 2cm and 5cm. On vessels longer than 25cn additional letters and numbers shall be affixed on both the port and starboard side of the cabin. Such letters and numbers shall be painted in white on a black background or in black on a white background in characters not less than 50cm in height, 30cm in breadth (figure “1” excepted) and 18cm in thickness (width of stroke). Any registration letter and numbers assigned to, and borne by a vessel, shall be maintained in a clear, distant and legible condition and shall at all times be clearly exposed.

3. Should the Exemption Holder not perform during the period for which this exemption is valid, fails to make any attempt or utilize his/her exemption to attract white sharks, or transgresses these exemption conditions and the white shark code of conduct, his/her exemption may be revoked, reduced or withdrawn.

4. Certified and dated statistics shall be rendered monthly on the standardized logbook prescribed for this purpose. This book must be kept on board the vessel at all times, and the inspection by a Fishery Control Officer at all times. The Exemption Holder shall be submit a monthly facsimile of the Logbook not later than the 15th of the following month by registered post to the Chief Director: Research, Antarctic and Island (Attention: Mr Mike Meyer).

5. In cases where the permitted vessel is out of service due to mechanical failure or any other valid reason, the Exemption Holder and/or his/its appointed operator may replace the permitted vessel with a suitable replacement vessel which has been surveyed and certified by SAMSA as a white shark cage diving or viewing vessel under written authority of the Local Fishery Officer, who must report the change and duration to Marine and Coastal Management. For durations longer than seven (7) days, the Exemption Holder must apply to the Chief Director: Resource Management for permission providing valid reasons. The replacement vessel may only carry the same number of passengers as specified on the safety certificate of the vessel mentioned in the exemption.

6. The exemption and the Code of Conduct, or copy thereof shall be available on board and shall be produced on demand to a Fishery Control Officer or any other authorized officer.

7. The exemption is only valid for the specific area issued and is not transferable to any other area.

8. The Exemption Holder must adhere to all the conditions prescribed in the white shark code of the conduct, exemption conditions and the Regulations in terms of the Marine Living Resources Act, 1998 (Act 18 of 1998). If any of these conditions are violated, or the monthly statistics from the Logbook not submitted before the 15th of the following month, the exemption may be withdrawn.

9. Vessels used for viewing of cage diving with white sharks must conform to all South African Maritime Safety Authority (SAMSA) regulations. They must be licensed by SAMSA for either white shark cage or viewing.

10. Skippers of all vessels must be in possession of a valid SAMSA skipper’s license.

11. A qualified dive master shall attend all cage diving operations with a white shark.

12. The Exemption Holder shall not utilize additional non-chumming vessels for any purposes, or allow such vessels to tie, anchor or lie within 20cm of his registered vessel during any white shark attraction operations without prior permission from the Chief Director: Resource Management.

13. All white shark vessels shall provide an adequate interpretation/education service, as prescribed. A registered tour guide in terms of the South African Tourism Act, approved by the Chief Director: Resource Management shall be on board at all times.

14. Exemption Holders may be required to carry one or more bone fide Marine and Coastal representatives, given a minimum notification period of 48 hours.

15. All white shark vessels shall carry a logging GPS and must log positions every 5 minutes. Positions may only be deleted at the start of the next trip.

16. No operator shall approach a seal colony closer than 10m. Particular care shall be taken with noise pollution in November and December during the seal breeding season.

17. The Exemption Holder shall be held responsible for any transgression of the Regulations, exemption conditions and the white shark code of conduct in terms of the Marine Living Resources Act, 1998 (Act No. 18 of 1998).

18. The Exemption Holder shall ensure that no instruments, tags or any other devices shall be attached to any white shark at any one time.

19. The Exemption Holder shall ensure that no biological samples shall be taken from any white shark at any one time.

20. The Exemption Holder shall ensure that no person shall touch a white shark without prior written permission from Marine and Coastal Management.

21. The Exemption Holder shall ensure that only natural fish (Pisces and Chondrichthyan) based products shall be used for bait and chum. The bait shall not exceed more than 25kg per day.
No mammal (including seals, whales and dolphins) remains may be used as bait. Artificial lures to attract white sharks may only be used after written permission has been obtained from Marine and Coastal management.

22. No Exemption Holder shall, except on the authority of written approval granted by Marine and Coastal Management, at any time allow any of his/her clients or staff to free swim outside a white shark cage within his permitted area.

23. All Exemption Holders shall have public liability insurance.

24. No sharks shall be attracted by means of a baited line and rod.

GENERAL CONDITIONS
2.1 This permit is issued subject to the provisions of and regulations of the following laws:
(a) The Marine Living Resources Act, 1998 (Act. No 18 of 1998) (“the Act”), and in particular, the regulations that designate Marine Protected Areas (MPAs);
(b) The National Environment Management Act, 1998 (Act No. 107 of 1998) (“NEMA”), and in particular, the regulations that control vehicles use in the coastal zone (as amended);
(c) The National Biodiversity Act, 2004 (Act No. 10 of 2004);
(d) The National Protected Areas Act, 2003 (Act No. 57 of 2003);
(e) The Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973); and
(f) The International Convention for the Prevention of Pollution from Ships Act (Act No. 2 of 1986).

2.2 If, in the opinion of the Deputy Director General there are sound reasons for doing so, the Deputy Director-General may, without prior notice to the Exemption Holder amend the conditions of the exemption.

2.3 The exemption may be revoked, suspended or cancelled if the Exemption Holder contravenes or fails to comply with an exemption condition or with the provisions of the Act or is convicted of an offence in terms of the Act or fails to effectively utilize the exemption.

2.4 An application for an exemption may be refused if the conditions of a previously issued exemption had not been adhered to.

2.5 The exemption may be withdrawn or suspended if the Exemption Holder submits incorrect information to which the Department is entitled.

2.6 In terms of the Act, the Exemption Holder is obliged to report to the Minister any contravention of the provisions of the Act by any other person.

2.7 This exemption does not in any way absolve the holder from the obligations of and adhering to the remainder of the provisions and conditions of the Act.

 

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