DRAFT PERMIT CONDITIONS: SWORDFISH LONGLINE 2003 1. GENERAL 1.1 This permit is issued subject to the provisions of the Marine Living Resources Act, 1998 (Act No. 18 of 1998) („the Act‟) and the Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973). 1.2 If in the opinion of the Chief Director: Department of Environmental Affairs and Tourism, Branch: Resource Management (“Chief Director”) there are sound reasons for doing so, he may, without prior notice to the Permit Holder, amend the conditions of the permit. 1.3 The permit may be revoked, suspended or cancelled if the Permit Holder contravenes or fails to comply with a permit condition or with the provisions of the Act or is convicted of an offence in terms of the Act or fails to effectively utilise the permit. 1.4 A permit to exercise an existing right in terms of the Act may be refused if the conditions of a previously issued permit had not been adhered to. 1.5 The permit may be withdrawn or suspended if the Permit Holder or any of his/her or its employees submits incorrect information to which the Department is entitled. 1.6 In terms of the Act, the Permit Holder is obliged to report to the Minister any contravention of the provisions of the Act by any other person. 1.7 The Permit Holder shall not land, sell, receive or process any fish taken by means in contravention of the Act. 1.8 The permit shall be produced on demand to any Fishery Control Officer 1.9 The permit holder shall adhere to MARPOL regulations with respect to dumping of waste at sea. The dumping of plastics (including fishing line) while at sea, is prohibited. 1.10 No transhipping of catches without a transhipment permit may take place. 1.11 The permit holder shall not exceed the TAC/TAE or combination thereof allocated to him/her or it, in section A. 1.12 The permit is not transferable. 1.13 The permit holder shall pay the prescribed levy per kilogram or ton (as applicable) or portion thereof. The levies payable in respect of fish caught during one month shall be paid before the end of the following month. 2. FISHING AREA 2.1 Setting and retrieving of longlines can be conducted in South Africa‟s EEZ and on the high seas, except in the following areas: 1) A 12 nautical mile area along the entire South African coastline, excluding Kwazulu-Natal where the closed area will be extended to 20 nautical miles, and; 2) in the rectangle enclosed by the area 34 00°S 17 20°E to 35 00°S 18 30°E. 3. VMS 3.1 The fishing vessel must be fitted with a functional vessel monitoring system ("VMS"), which is approved by the Chief Director. 3.2 The VMS must report continuously and uninterruptedly to the VMS Base Station of the Department during all fishing operations, including traveling to and returning from the fishing grounds. 3.3 Inmarsat C VMS units must be switched on at least 6 (six) hours before departure of the vessel from a harbour or port, and may only be turned off at least 6 (six) hours after berthing. 3.4 In the event of the power supply to the VMS being interrupted or the equipment not being operational for any reason whatsoever, the Permit Holder or skipper shall immediately report the nature of the problem by fax to the Department at fax number (021) 4252920/4256497. Should the problem persist for more than 24 hours, the vessel shall return to port to have the equipment repaired. The Chief Director: Resource Management undertakes to safeguard the confidentiality of information obtained from the vessel. 4. VESSEL SPECIFICATIONS 4.1 The vessel‟s name and the registration letters and numbers assigned to the vessel by the Director-General must be painted in white on a black background or in black on a white background on both bows in characters not less than 15 cm in height, 10 cm in breadth and 2 cm in thickness (width of stroke). The space between adjacent letters and figures shall be between 2 cm and 5 cm. 4.2 The letters SL must be displayed on the vessel next to the area code. 4.3 Radio call signs must be clearly visible and displayed as stipulated in terms of regulation 78 promulgated under the Act. 5. ECONOMIC INFORMATION 5.1 Economic, socio-economic and financial information regarding the activities of the operations of the permit holder shall be supplied to the Chief Director: Marine and Coastal Management when requested. The information must be in the format as requested and shall be submitted within 21 days of the date of request. 6. CATCHING 6.1 This permit shall only be used for targeted longline fishing on swordfish. Billfishes of the genera Makaira, Tetrapturus and Istiophorus and Chondrichthians (sharks, skates and rays) are designated by-catch species. For the by-catch species, excluding tuna, the total catch may not exceed 5% (by dressed weight) of the total catch (dressed weight) of the targeted species per trip. (All sharks must be landed with fins on, but may be headed and gutted). For tuna belonging to the genus Thunnus, the total catch should not exceed 50% by number of the total catch of the targeted species per trip. No discarding of excess by-catch at sea shall be permitted, and only live fish may be returned to sea. Excess by-catch must be handed over to the fisheries control officer upon return of vessel to port. 6.2 The catching of Bluefin tuna (Thunnus thynnus) and Yellowfin tuna (Thunnus albacares) with a mass of less than 6.4 kg and 3.2 kg respectively, and Swordfish (Xiphias gladius) with a fork length of less than 125 cm and a weight of less than 25 kg whole weight or 20.5 kg dressed weight is prohibited. Any fish that does not comply with the size and weight restrictions and is not alive when retrieving the longline must be handed over to the fisheries control officer upon return of the vessel to port. If the undersized fish is alive when retrieving the longline the fish should be returned to the sea alive. 6.3 No hake (Merluccius spp.) kingklip (Genypterus capensis), wreckfish (Polyprion spp.) or Patagonian toothfish (Dissostichus spp.) shall be caught or retained on board. 6.4 All catches on board when any pelagic longline is on board, will be deemed to have been made with such longline. None of the prohibited species may be on board at any time that a pelagic longline is on board, irrespective of what other fishing permits are held. 6.5 Permit holders will be required to participate in tagging programmes. This implies that permit holders will allow MCM officers and observers on board to tag and release a limited number of fish. 6.6 Any tags retrieved, emanating from national or international tagging programmes, must be retained on board together with data on the catch position, date of capture, length and weight of individual tagged animals. The tags and information shall be handed to Chief Directorate: Marine and Coastal Management, Private Bag X2, Roggebaai 8012. (Attention: Linefish Section) when the vessel enters any South African port. 7. GEAR RESTRICTIONS 7.1 Only pelagic longlines may be used. Other fishing gear, such as nets, may not be carried on board the vessel. 7.2 Only J-shaped hooks shall be permitted, and the use of stainless steel hooks are prohibited. 8. LANDING OF FISH 8.1 When the permit holder intends to land fish at least 48 hours notice of the vessels estimated time of arrival and port of discharge shall be reported to Marine and Coastal Management Inspection Services (Attention: The Station Manager, Cape Town at fax no. 021-4393414, Port Elizabeth at fax 041-5860385 and Hout Bay fax 021-7901792). 8.2 In the event of a Fishery Control Officer or Fisheries Monitor not being available for the discharge of the fish, fish may only be discharged on receipt of an official written authorisation issued by the local Fishery Control Officer. 8.3 Any discharge of fish, caught in terms of this permit, outside South Africa shall be monitored by a South African fisheries control officer. The travel and subsistence cost of the fisheries control officer to attend such discharges shall be recovered from the right‟s holder. 8.4 All fish intended for export must be accompanied by the relevant catch notification document. Bigeye tuna, southern bluefin tuna must be accompanied by ICCAT/IOTC or CCSBT catch documents. All swordfish must be accompanied by a certificate of origin. The catch documents are invalid, unless authorised by a South African fisheries control officer, or KZN Wildlife officer. Catches intended for export without these documents may be detained and/or seized. 9. CATCH STATISTICS 9.1 Certified and dated catch returns, completed on a daily basis, shall be rendered on the Tuna Longline Catch Returns, prescribed for this purpose. The records are to be posted by registered mail to the Chief Directorate: Marine and Coastal Management, Private Bag X2, Roggebaai 8012. (Attention: Liesl Janson). Catch returns for trips ending on a landing date in a specific month, in conjunction with the discharge figures (completed and signed discharge sheets) for that month, must be reported before the 15th of the following month. Nil catches must also be reported, should they occur. 10. OBSERVERS 10.1 The Permit Holder shall, when requested, accommodate an observer on board the vessel, and shall ensure that accommodation and food of officer's standard is provided. 10.2 The observer shall be responsible to verify fisheries data or as otherwise directed by the Chief Director: Resource Management. The observer shall monitor all fishing operations and may record any transgressions of the Marine Living Resources Act, 1998. 10.3 The permit Holder shall, when requested, allow for land-based sampling of catches for scientific purposes by persons authorized by the Department. 11. SEABIRD BY-CATCH 11.1 All tuna longline operators fishing in South African waters will be required to use a tori pole and bird line during setting of longlines. 11.2 An appropriate streamer line (tori line) as described in Annexure 1 must be flown for each line that is set. The streamer line must be deployed directly above the main line, unless two streamers are used in which case they must be deployed on either side of the main line. 11.3 Both the main line and the branch lines (snood) must be properly weighted to ensure optimal sinking rates. 11.4 Dumping of offal must be minimised. Offal dumping must take place on the side opposite to where hauling occurs. No dumping of offal may take place during setting. 11.6 No hooks may be discarded; all hooks must be removed from offal and fish by-catch before these are dumped. 11.7 Observers on board shall bring back whole specimens of all seabirds killed in the EEZ of South Africa. When no observer is on board and if the vessel returns to a South African Port after its fishing operations, the vessel shall, on a voluntary basis, bring all seabirds killed (or their heads and feet) to the port and notify the Chief Director: Resource Management, fax no. 021- 4217406. Attention: Seabird Section, Dr R Crawford, for collection. To cater for the eventuality that the vessel may dock, all seabirds killed (or their heads and feet), in the South African EEZ shall, on a voluntary basis, be preserved on board and may only be discarded on leaving South African waters when no docking occurred. Records must be kept on catch forms of all birds killed during longline operations, numbers killed and species identification (as accurately as possible). Seabird mortality form and a seabird identification chart will be provided with the permit. After each trip, a reporting form must be returned to the Chief Director: Resource Management: Attention: Dr Rob Leslie, Private Bag X2, Roggebaai, 8012, fax no. 021-4217406. This measure shall be evaluated after the first 6 months of permit issue. 11.8 All information contained on bands recovered from seabirds must be reported to: Central Data Bank for Antarctic Bird Banding, SAFRING, University of Cape Town, Rondebosch, 7701, South Africa, or faxed to: +27-21-689-7578. Where possible the whole specimen plus the band should be retained (frozen) and returned to port. The time, date and position where the banded seabird was caught must be recorded and attached to the bird. 11.9 All bait must be appropriately thawed, and where necessary, the swim bladders of bait fish punctured to ensure rapid sinking of bait. 11.10 Preferably, lines should be set at night (defined by nautical dawn/dusk). During setting of longlines at night, deck lighting must be minimised without compromising crew safety. Deck lights shall be shaded and where possible, directed down towards the deck to minimise light on sea, without compromising the safety of the crew.