SA-SY-WATERS-L4.1

Marine protected areas, whales and permits

SA-SY-WATERS-M4 · Environment, people and practicalities · SA-SY-WATERS-M4-A Marine protected areas and wildlife rules, employing South African crew locally, and the agent's checklist.

South Africa's coast is dotted with marine protected areas and busy with whales from winter into spring. **What the zones mean, what needs a permit, and how a yacht stays on the right side of the rules**.

Environment

Sources: DFFE proclamations as summarised in a secondary source; IWC Whale Watching Handbook (South Africa); NEMBA Threatened or Protected Marine Species Regulations (GG 40876, 30 May 2017). Builds on: L1.3.

The MPA network

South Africa protects a substantial part of its coast and offshore waters. Per the summary used for this course:

Item Figure
Total MPAs 42 (41 in the continental EEZ, 1 at the Prince Edward Islands)
New offshore MPAs 20, proclaimed 24 May 2019
Continental EEZ protected 5.4%

Many coastal MPAs lie along routes and anchorages a yacht will use: around the Cape Peninsula, in False Bay, along the Garden Route and off the KwaZulu-Natal coast.

What the zones mean

Zone Effect
Sanctuary No fishing or extraction
Restricted Extraction and harvesting of marine life prohibited
Wilderness No fishing; low-impact ecotourism allowed
Controlled Limited extraction under permit

Non-consumptive activities are allowed in all MPAs in principle, but individual MPA regulations can restrict vessel access, anchoring, diving and other activities in particular zones. Read the regulations for each MPA on your itinerary, or have the agent do so.

CAUTION - Fishing from the yacht Recreational fishing needs a licence, bag limits apply, and fishing is banned in sanctuary and restricted zones. Guests fishing from the swim platform are the yacht's responsibility.

Whales

Southern right whales come to the Cape coast to calve, and humpbacks migrate along it. Whale watching is regulated under the Marine Living Resources Act and NEMBA's Threatened or Protected Marine Species Regulations (Government Gazette 40876, 30 May 2017). As summarised by the IWC:

  • Non-permitted persons and vessels may not approach whales closer than 300 m.
  • Non-permitted persons may not advertise or offer whale watching.
  • Permitted operators work under permit conditions, with vessel standards set under Marine Notice 11 of 2008. Long-term permits run for up to 10 years, reviewed annually.
  • The protections extend to dolphins.

On a yacht the practical rules are simple: keep at least 300 m from whales, slow down in areas where they are seen, do not launch tenders or toys to approach them, and send guests with a permitted operator if they want a close encounter.

WARNING - Whales surface unexpectedly Southern rights lie still at the surface and are hard to see. In whale season, keep a dedicated lookout and moderate speed near the coast, especially at night.

Sharks, diving and other activities

Shark cage diving, scuba diving and other wildlife activities in SA are run by permitted operators. As with whale watching, the lawful route for guests is usually to book a local operator rather than improvise from the yacht.

Discharges and anchoring

MPA rules come on top of the general pollution rules that apply to the yacht under its flag and MARPOL. Treat all MPAs as no-discharge areas, and anchor in sand, clear of reefs and kelp, using the agent's local knowledge.

TIP - Put the permits on the itinerary When the owner's office sends a draft itinerary, mark each MPA and each wildlife activity, and ask the agent which permits or operators are needed. It is easier to adjust in planning than at anchor.

Practice questions

5 questions

recall · core

How many marine protected areas does South Africa have, per the source used? (a) 42 (b) 20 (c) 12 (d) 71

recall · core

When were 20 new offshore MPAs proclaimed? (a) 30 May 2017 (b) 1 March 2020 (c) 20 June 2013 (d) 24 May 2019

recall · core

In which zones is extraction of marine life prohibited? (a) None (b) All zones (c) Controlled only (d) Sanctuary and restricted

recall · core

What is the minimum approach distance to whales for a non-permitted vessel? (a) 50 m (b) 300 m (c) 200 m (d) 100 m

scenario · core

Guests on a yacht anchored off Hermanus see a southern right whale 150 m away and ask the captain to motor closer for photographs. What should he do? (a) Drift closer with engines off (b) Stay put or move away to restore at least 300 m, and offer to book a permitted whale-watching operator (c) Motor to 50 m slowly (d) Launch the tender to get closer

Independent study. xplor is not a SAMSA-accredited training provider and awards no certificate or Certificate of Competency. Clearance, charter, permit and employment arrangements in South Africa must be confirmed with the yacht's appointed local agent and the relevant authorities (SAMSA, SARS, BMA, DFFE) before each visit. AI-drafted content pending subject-matter-expert review.