| (1) | The master or a representative of the owner of a foreign vessel must apply to the Minister for a permit to enter a port, five days before intending to do so. |
| (2) | The application must be made on the form obtainable from the Department and be accompanied by proof of payment of the application fee, if prescribed. |
| (3) | The Minister must decide to— |
| (a) | issue the permit, with or without conditions; or |
| (b) | refuse to issue the permit and provide reasons for the refusal within four days of receipt of the application and communicate that decision to the master of the foreign vessel or the owner’s representative immediately. |
| (4) | The Minister must, when considering the application, in addition to any other relevant criteria, have regard to whether there is information to demonstrate that the foreign vessel has engaged in IUU fishing or associated activities in support of IUU fishing. |
| (a) | must refuse to issue a permit if the Minister on reasonable grounds believes that the foreign vessel has engaged in IUU fishing or associated activities in support of IUU fishing; |
| (b) | may, despite paragraph (a), issue a permit only for the purpose of inspecting the foreign vessel and taking appropriate enforcement action; and |
| (c) | must notify the flag state if the Minister refuses to issue a permit. |
| (6) | Notwithstanding subregulations (1) and (3), the South African Maritime Safety Authority may authorise a foreign vessel to enter port for reasons of force majeure or distress, without a permit. |
| (7) | The master of a foreign vessel that obtains authorisation in terms of subregulation (6) must— |
| (a) | notify the Minister in writing on the form obtainable from the Department; |
(b) comply with regulations 7, 8 and 9; and
(c) comply with any other lawful direction which the Minister may impose.
