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Supreme Court ruling upholds drone fishing ban

18 Jul 2024

The Supreme Court of Appeal has upheld a ruling declaring drone fishing illegal, which means anglers could be prosecuted for deploying baited hooks using remote-controlled or motorised technology beyond coastal limits. Dr Dion George, the Minister of Forestry, Fisheries and the Environment, welcomed the decision, emphasising the importance of upholding the ban on drones, bait-carrying remote-controlled boats, and other remotely operated devices in fishing operations.

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“This ruling is a significant victory for the protection of our marine ecosystems and the enforcement of regulations designed to safeguard our natural resources,” said Dr George.

The Supreme Court of Appeal ruled that “firstly, the Marine Living Resources Act and its regulations not only specify the type of fishing activity, but also the method to be used in performing such fishing activity. Secondly, lawful fishing can only be authorised by means of a valid permit and that, once an angler has this permit, they must adhere to the daily bag limits and the fishing methods specified in the regulations. Any deviation from these authorized limits and methods is unlawful."

High court dismissal and previous warnings

Previously, the Gauteng Division of the High Court dismissed an application brought by appellants, who were business entities involved in the manufacture, import, marketing, and sale of angling equipment, including drones. The court confirmed that the use of drones, bait-carrying remote-controlled boats, and other remotely operated devices is prohibited under the Marine Living Resources Act of 1988.

In 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 and other remotely operated vehicles were being used illegally by recreational fishers to 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," said Minister George.

"The Department remains committed to the conservation and sustainable management of South Africa's marine resources. We believe that the ban on drones and remote-controlled devices in marine environments is crucial in preserving the delicate balance of our oceans and protecting vulnerable species," concluded Minister George.