Major blow for private drone users in South Africa
The Supreme Court of Appeal (SCA) has upheld the ban on on the use of drones, bait-carrying remote-controlled boats and other remotely operated devices in fishing operations.
The Department of Forestry, Fisheries and the Environment published a public notice in 2022 warning recreational anglers that the use of drones and other electronic devices is deemed illegal under the South African Marine Living Resources Act.
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 them.
However, this did not stop the activity from becoming incredibly popular in the country, with a huge spike in interest in drone fishing since 2016.
At least three cases against anglers have headed to court on the basis of this illegality, which resulted in emerging fishing drone companies taking the department to court seeking clarity on the legality of using drones in fishing.
The Gauteng High Court subsequently dismissed an application by these groups to uplift the prohibition of recreational fishing, including angling, using drones and radio-controlled bait boats. The matter was then taken to the SCA.
In a new ruling, the SCA dismissed the appeal with costs. Read the full ruling here.
New minister of Forestry, Fisheries and the Environment, Dion George, said that the the ruling is a significant victory for the protection of our marine ecosystems and the enforcement of regulations designed to safeguard South Africa’s natural resources.
“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,” the Supreme Court said.
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.
While recreational drone use has picked up a sizeable following in South Africa, and the commercial uses for the technology continue to evolve, many drone owners risk falling foul of the country’s laws when it comes to using them.
Legal experts at Cliffe Dekker Hofmeyr recently warned that while private drone operators who use drones for recreational flying do not need to register their drones or obtain a Remote Pilot licence, they must adhere to basic safety guidelines and regulations to ensure safe and responsible flying.
The South African Civil Aviation Authority has provided several guidelines to guarantee the safe and responsible operation of drones for private use, including:
- Maintain visual line of sight: Operators must keep their drones within the visual line of sight at all times. The remote pilot must keep direct, unaided visual contact with the drone to manage its flight and avoid separation and collision.
- Altitude limit: Drones should not be flown over 120m above the ground.
- Avoid obstacles: Operators must stay clear of obstacles such as buildings, trees and power lines.
- Distance from people and property: Drones must be kept at least 50m away from people, vehicles, and animals.
- Restricted areas: Drones should not be flown over populated areas, national parks or sensitive infrastructure.
Failure to follow these guidelines could result in fines or other penalties.
When it comes to private owners using drones and other electronic/motorised equipment with fishing, they fall foul of environmental laws.
Alexander Claus Winkler, a Research Associate at Rhodes University, flagged several issues with the practice.
“Drones with cameras allow anglers to identify ideal fishing habitats far from the shore. Areas that anglers couldn’t reach before are now open to exploitation,” he said.
“Even fish that are released are less likely to survive when caught further offshore. A large fish hooked hundreds of metres offshore is likely to experience extreme exhaustion and physiological disturbance and may be consumed by other predators.”
The potential loss of fishing tackle by drone anglers is also a concern, he said.
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