Use of motorised equipment for recreational angling: Drones and remotely operated devices and/ or vehicles
Fishing by means remote-controlled and motorized equipment remains illegal.
On 24 February 2022 a public notification was issued explaining that it had come to the Department’s attention that a variety of devices, including but not limited to, bait-carrying drones, bait carrying remote-controlled boats, other remotely operated vehicles were being used by recreational anglers to illegally catch fish and sharks.
The use of these devices for fishing has been illegal since 2005 and recreational anglers and members of the public have previously been warned that they could face enforcement action should they be caught using such.
Since the early 2022, three criminal cases have opened and are ongoing.
In April 2022, the Gauteng High Court dismissed an application by Gannet Works Proprietary Limited & Others to uplift the prohibition of recreational fishing, including angling, using drones and radio controlled bait boats. The applicants had sought a declaratory order uplifting the prohibition published in the Government Gazette on 24 February 2022 in terms of the Marine Living Resources Act, arguing that their businesses, which supplied equipment to fishermen, were suffering financial losses as a result of the government notice.
An appeal is presently pending before the Supreme Court of Appeal.
It has come to the Department’s attention that upon hearing that leave to appeal had been granted, various social media sites began providing incorrect information to the public, and specifically to recreational anglers, stating that the granting of leave to appeal had invalidated the notification of 24 February 2022 and that this made the fishing with drones lawful. Anglers were encouraged to continue to use their drones to drop bait. This is, however, an incorrect interpretation of the law.
The Department of Forestry, Fisheries and the Environment has obtained opinion from Senior Counsel which clearly states that the application for leave to appeal does in no way invalidate the 24 February 2022 notification. The February Notice was a summary and explanation of the legal provisions in the Marine Living Resources Act as they relate to recreational angling. Thus, drone fishing remains prohibited pending the outcome of the appeal process.
The Department will, therefore, continue to enforce the law in line with the public announcement of 24 February 2022 unless, or until, the Supreme Court of Appeal orders otherwise.
Media enquiries:
Peter Mbelengwa
Cell: 082 611 8197
E-mail: PMbelengwa@dffe.gov.za
