South African Court Confirms Ban on Drone Fishing Amid Environmental Concerns

In a pivotal ruling that impacts recreational fishing practices and the preservation of marine ecosystems, South Africa's highest appellate court has affirmed a ban on the use of drones for the purpose of recreational angling. The decision, which supports the existing regulations under the Marine Act, underscores the government's commitment to sustainable marine resource management and the protection of vulnerable species.

The Supreme Court of Appeal's judgment stems from an initial public notice issued on February 24, 2022, by the Deputy Director-General of Fisheries Management, Sue Middleton. The notice declared the use of drones and remote-controlled boats for bait delivery as unlawful in the context of angling, in line with regulations set out in the Marine Act.

Several businesses involved in the supply and distribution of angling equipment—including Gannet Works, IARC CC, Unmanned SA, CDS Angling Supplies, and CEG Projects—challenged the ban in court. Their legal argument hinged on the assertion that the use of technologically advanced methods, such as drones, did not fundamentally alter the traditional fishing technique, which involves manually operating a rod, reel, and line. However, their request for a declaratory order stating that such devices are not prohibited was quickly quashed.

The High Court in Pretoria had previously dismissed the urgent application brought forward by the appellants in April 2022, and this dismissal has now been upheld by the Supreme Court of Appeal. The respondents—represented by both the Deputy Director-General and the Environment Minister—countered that the statutory requirements were clear, and the use of motorized devices such as drones was neither authorized nor endorsed for recreational angling.

Angling, as defined by the Marine Act and its regulations, specifically refers to the manual operation of fishing equipment, with no more than ten hooks attached per line. Any deviation from this prescribed method is, therefore, not endorsed under the recreational fishing permit system.

The clash between modern fishing practices and traditional methods reached its climax with the court's decision to reject the appeal on the grounds that the methods authorized for use under a fishing permit are explicitly described within the regulations. Furthermore, the judges clarified that once an angler opts for a permit that specifies angling, only the defined methods ascribed to that type of fishing are lawful.

The recent decision was lauded by Dion George, the Minister of Forestry, Fisheries, and the Environment, as a significant milestone in safeguarding the country's rich and diverse marine life. The Department reasserted its steadfast dedication to the conservation and sustainable management of marine environments.

The ruling is expected to have substantial implications for commercial entities involved in the manufacturing and sales of angling equipment. It sends a strong message that regulatory compliance, which includes the adherence to approved fishing methods, is non-negotiable when it comes to protecting South Africa’s natural marine resources.