| Description | Steering Group Papers 8-1: Access |
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| ISBN | (Web Only) |
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| Official Print Publication Date | |
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| Website Publication Date | July 15, 2005 |
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Section 2: Commercial fisheries and club waters
allowing full access
Where commercial fisheries and club waters allowing full
access are operated, they cannot fulfil the requirement of
section 48(1) of the 2003 Act that there must be a
significant increase in the availability of fishing. Thus,
they cannot receive the protection of the criminal law, and
in order to pursue any persons fishing without permission,
the owners/clubs would have to take cases of interdict
through the civil courts. This is an unfair system, as
these operators are providing as much access as possible,
but are not eligible for protection.
Provision could be made in the legislation to
allow for protection against poaching at those
fisheries that already provide as much access as
possible.