The Department of Forestry, Fisheries and the Environment (DFFE) wishes to clarify the recreational fishing sector regarding the closed season for shad, also known as Elf or Pomatomus saltatrix, on the conflicting provisions in the annexures to the Marine Living Resources Act (MLRA) 1998 Regulations.
In January 2024, the department withdrew the recreational fishing brochure and confirmed that only the MLRA Regulations is the official and legally binding instrument in relation to recreational fishing. However, the department has since noted inconsistencies between annexure 2 and annexure 7 of the MLRA Regulations in respect of the closed season for shad.
Both provisions are currently in force, creating uncertainty for recreational fishers. After careful consideration, and to ensure fair implementation and legal certainty, the department confirms that the closed season will be interpreted and enforced as follows:
- The closed season for shad (elf) is 1 October to 30 November each year.
- This interpretation is supported by the fact that Regulation 22 (Recreational Fishing) refers directly to annexure 7, and that annexure 7 was introduced later (by Government Notice R329 in Government Gazette 27453 of 6 April 2005) and the two month closure has been consistently applied in practice.
With shad being a highly popular but vulnerable species among recreational fishers, the closed season is a critical measure to protect adult breeding, prevent further resource depletion and ensure stock recovery. The closure prohibits any person from catching, possessing, transporting, or selling shad during the closed season. Non-compliance undermines conservation measures and could result in stricter rules in future.
"We ask all resource users to respect the seasonal ban and act as ambassadors for compliance. Protecting shad now ensures that future generations will also enjoy the benefits of this iconic species,"said Dr Dion George, the Minister of Forestry, Fisheries and the Environment.
The department will initiate a process to formally align and rectify the conflicting provisions in the MLRA Regulations to avoid further confusion.
For media enquiries, please contact:
Thobile Zulu-Molobi
Mobile: +27 82 513 7154
E-mail: tmolobi@dffe.gov.za
Chelsey Wilken
Mobile: +27 74 470 5996
E-mail: cwilken@dffe.gov.za
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