Pretoria: 16 May 2016

The fate of the Chinese vessel, Lu Huang Yuan Yu 186, currently docked in Cape Town after being successfully chased and captured by South African authorities off the Eastern Cape coast at the weekend will soon be fully determined by the extent to which it violated both the country’s laws and international conventions.

The vessel is one of several – about nine – possibly from the same company believed to have entered and operated in South African waters illegally about a week ago.

On Monday (May 16) the South African Maritime Safety Authority (SAMSA) confirmed that it had begun investigations of the vessel relating to its conduct in the country’s Exclusive Economic Zone (EEZ).

Captains Karl Otto and Gustav Louw confirmed that SAMSA surveyors boarded the vessel on Monday afternoon and their findings would be shared as soon as they were available.

According to SAMSA, the investigation is looking precisely into the vessel’s seaworthiness inclusive of its condition, its operation certificates as well as those of the crew, the vessel’s manning conditions, as well as its general conduct in South African waters involving its radio availability and responsiveness to South African authorities.

A SAMSA team set out early Monday to investigate the vessel and to make a determination of its overall condition and conduct.

The SAMSA ship surveyors team’s findings will add to the Department of Agriculture, Forestry and Fisheries (DAFF) investigations and findings at the weekend shortly after the cornering and arrest of the vessel in Cape Town.

Shortly after its berthing at the Cape Town harbour on Saturday, according to DAFF, rummaging was conducted on the captured vessel involving the South African Police Services (SAPS), the South African Revenue Services (SARS) as well as the Department of Home Affairs.

“There was a total of nine crew members on board,” said DAFF’s spokesperson, Bomikazi Molapo, also confirming that no fish was found onboard the vessel.

She said: “The crew claimed to have been travelling to the Democratic Republic of Congo where they claim they were going to fish and claim to have the necessary permits to do so. We have also established that this fleet of nine vessels is related and belong to the same company.”

Ms Molapo said while the early investigators found no fish on board the vessel, it had however violated the country’s Marine Living Resources Act (MLRA) in that the fishing vessel entered the country’s EEZ without the authority of a valid permit.

“The vessel also contravened Section 56 (2) in that (the) Master or crew member of the fishing vessel in question, did not immediately comply with lawful instruction as given by a fishery control officer and also did not facilitate the safe boarding, entry and inspection of the fishing vessel,” she said.

Due to these violations, DAFF issued a seizure notice that will involve the vessel, its gear and equipment, stores as well as cargo.

In terms of this, the vessel will not be allowed to leave the port of Cape Town or relocate to any other berthing space within the port, unless authorized to do so by DAFF.

According to DAFF, SARS had also fined the vessel R8 000 for tobacco and cigarette related charges. SAPS was also following up and investigating a case involving the keeping of dogs in the vessel.

Meanwhile, Ms Molapo confirmed that an alert had been issued to neighboring countries, Namibia and Mozambique to be on the look for the rest of the vessels that have since disappeared. “DAFF has notified and registered an intention to get all the nine vessels red flagged with regional fisheries management organizations,” she said.
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