The St Francis Bay Riparian Home Owners Association - St Francis Bay - Eastern Cape - South Africa
St Francis Bay Riparian Association
     
 

Disclaimer

The text below has been extracted from a booklet drawn up by the St Francis/Kromme Trust. Every effort was made to duplicate it as accurately as possible however it may contain errors or omissions.

BOATING RULES

BACKGROUND
One of the major attractions of St Francis as a holiday venue is the variety of opportunities for boating of all kinds. We have a unique canal system, a navigable river and an accessible coastline, and it is hardly surprising that increasing numbers of people are attracted to take advantage of these.

However, this exceptional resource presents its own problems. The combination of population growth, beach erosion, silting of the Kromme River, huge increases in boating population and the increasing speed and sophistication of water craft has created a situation in which controls and self-discipline have become necessary, if serious accidents, unnecessary disturbance to others and negative environmental impact are to be avoided. The situation now is similar to that on our roads, and we are all aware of the restrictions which driving requires.

Observance of the necessary regulations is both procedural and practical. Craft have to be registered, and drivers should be aware of, and observe the general rules of navigation and rights of way outlined in this booklet.

The waterways at St Francis are controlled by three different authorities:

  • The .canals and section of coastline from the low-water mark to 200 metres off-shore are controlled by the St Francis Bay Municipality. The contact person is the Law Enforcement Officer. Stanley Bartmann, Tel. 082 8777826.
  • The Kromme River comes under the jurisdiction of the Western District Council (WDC). The contact person is the Law Enforcement Officer, Hein Cornelissen, Tel. 2940979.
  • The sea, beyond the 200 metre mark is controlled by the South African Maritime Safety Association (SAMSA). The contact person is the Port Captain at Port St Francis.

This booklet has been drawn up by the St Francis/Kromme Trust, and sponsored by the Municipality, with a view to clarifying some murky waters, and in the hope that it will lead to enjoyment for all sectors of the holiday population. Please treat the rules as a constructive attempt to ensure that everyone enjoys a good holiday.

NONE OF THE ABOVE NAMED AUTHORITIES TAKE RESPONSIBILITY FOR THE SAFETY OF BOATERS. AND ALL BOATING IS UNDERTAKEN AT THE RIDER OR OWNER'S OWN RISK.

CONTENTS

1. Registration
2. Canals
3. The Kromme River
4. Off-shore at St Francis Bay
5. Off-shore at Cape St Francis
6. Personal watercraft (jetskis)
7. General rules on the waterways
8. Rules of navigation and rights of way
9. Cruising rules for sailing boats

1. REGISTRATION
All powered craft being used within the area controlled by the Municipality (canals, St Francis Bay beach & Cape St Francis i beach), or by the Western District Council (Kromme River) must be registered for the purpose, and the decal(s) displayed on the craft.

Annual licences, both for the Municipal area and for the river, are available from the Municipal office from Mondays to Fridays during office hours (08h00-15h00).

Temporary licences, which apply to the Municipal area only, are available from 6 December, 2000 until 15 January, 2001 at the Canal Yacht Harbour, La Digue Place, between the hours of 08h00 & 18h00. Temporary licences are valid for 7 days.

The municipal registration covers both the canals and up to 200 metres off-shore.
Exception

The only exception to the requirement to register is craft accessing the sea from Port St Francis. These come under the control of the Port Captain, who should be consulted on regulations in force at the Port.

2. CANALS
The rules for the canals are extremely simple. They are, however, important, both for general safety, and for the protection of canal walls, whose maintenance is costly.

1.All powered craft must be registered with the Municipality and display the appropriate decal.
2.Non-wake speed must be observed at all times throughout the entire canal system.
3.Keep right. Overtake on the left.
4.The ban on jetskis on the canals has been rescinded (see p.13). The situation will continue to be monitored

3. THE KROMME RIVER
1. General information

  • The River comes under the jurisdiction of the Westem District Council (WDC).
  • Enquiries can be addressed to Deryk Langman of the WDC Department of Nature Conservation, at Tel 041 561000 of Fax 041 563733.
  • The local Law Enforcement Officer is Hein Cornelissen (Tel.2940979).
  • All the normal General rules on the waterways (Ch 7), rules of navigation and rights of way (Ch 8) and Cruising rules for sailing boats (Ch 9) apply to the river.
  • WDC regulations cover the following topics:
­ Registration of boats
­ Mooring of boats
­ Personal Watercraft (Jetskis)
­ Environmental conservation
­ Skiing
­ Angling
­ Exemption from liability
­ Powers and duties of authorised officers
­ Penalties
  • What follows is the essential content of these rules, and is only a paraphrase.

2. REGULATIONS
2.1 Registration
Any power-driven boat, and any sailing boat with an overall length of 4 metres or more must be registered with the WDC, and must display the identification number allocated.

This is a separate registration from that for the canals. Boats can be registered through the Municipal Office.

2.2 Mooring of boats
When not in use, boats shall be securely anchored or moored in an area approved by the Council, so as not to endanger other boats on the river or along the shores of the river.

Negligence in this regard, resulting in boats floating loose, may result in liability for expenses incurred by Council in removing such craft.

2.3 Personal Watercraft (Jetskis)
These are treated exactly like other powered craft, but with the following important exception:

No free style activity by PWCs is permitted on any part of the navigable portion of the river. Jetskis may only be used for traversing, as defined in Ch. 6.

Riders of jetskis are asked to recognise the potential danger of high-speed activity and noise disruption on the relatively congested river, and to act with consideration to other water users and the riparian population.

2.4 Environmental conservation
No camping, picnics or lighting of fires are permitted below the high- water mark.

  • No disturbance of birds, nests, birds eggs, animals or plants is allowed within the river area.
  • No pollution of the river with fuel, oil, garbage, offal, bilge, sewerage, refuse or rubble of any kind is allowed.
  • Notices limiting activities may not be removed, defaced or interfered with in any way.

2.5 Water Skiing

  • Only in areas demarcated for the purpose by signs in the river or on the bank;
  • Only in safe light;
  • Not closer than 10 metres from any other boat, jetty or slipway, except when dropping a skier;
  • Not closer than 100 metres in the wake of a boat towing a water-skier;
  • No metal cables or steel wires permitted for towing purposes;
  • Skis may only be dropped if it is totally safe to do so and does not constitute a danger to other water users;
  • A red flag, 300mm X 300mm must be displayed from the towing boat from the time a skier falls until he/she resumes skiing;
  • A ski rope must not be towed behind a moving boat when not being used for skiing;
  • The towing boat must keep to the right, and follow a circuit in an anti-clockwise direction, in a position halfway between the shore and the mid-point of the river;
  • The person in control of the boat is responsible for ensuring that skiers from the boat wear suitable buoyancy;
  • A competent observer, aged 15 years or older, who shall keep a proper look-out and be conversant with recognised hand signals, must be carried in the towing boat while towing a water skier, surfboard, water sled or similar object, over the following dates:

­ 15 December -15 January
­ Easter week-end
­ Public holidays

2.6 Angling
(Angling rules are beyond the scope of this booklet, but are summarised for information purposes)

N.B. All fishing now requires a permit, which is available from Post Offices and Municipal offices.

The following restrictions apply:

  • Not from a bridge
  • Not impede any navigational channel in the river with a fishing line
  • Not leave an unattended fishing line in the river or near a navigation channel
  • No scuba diving, spear fishing or use of fish nets, other than a landing or throw net, in the river.
  • The collection of bait is permitted, but subject to restrictions.

2.7 Liability
The WDC shall not be responsible for any injury sustained by any person using the River or its precincts, or for damage to any property brought onto it from any cause.

2.8 Powers and duties of authorised officer (on presenting official identification)

  • to board and examine any boat for compliance with regulations;
  • to demand production of registration certificate;
  • to require name, address and other particulars of any person in the boat;
  • to demand production of items requited on craft in terms of regulations;
  • to forbid continued use of boat by a person considered incapable of operating safely, and to make arrangements for safe placing of boat;
  • to require immediate removal from river of boat and appurtenances, and suspend identification number of boat considered to be unsafe.
  • to remove unattended fishing rod and line from river if near navigation channel or a danger to others.
  • to require the following persons to leave the river for such period as may be necessary:
  • those using obscene, offensive or indecent language;
  • those behaving in an offensive, improper or disorderly manner; those who wilfully or negligently cause discomfort or inconvenience to others;
  • those who disturb the peace or cause undue noise;
  • those who behave in a dangerous or reckless manner;
  • those who are driving under the influence of alcohol (0,08 grams per 100ml of blood) or drugs.

    2.9 Penalties
    On conviction of an offence, liability to a fine not exceeding R500, or imprisonment for a period not exceeding one year, or both.

    4. OFF-SHORE AT ST FRANCIS BAY
    WARNING

    Riders returning from the sea to the old N.S.R.I. slipway should exercise caution.

    The channel does not follow the line of the slipway, and a line of rocks obstructs the channel at that point.

    Approaching the shore from the sea, craft should keep well to the left of the line of the slipway.

    The green and white pole on the dune, aligned with the green and white pole In the surf, shows the right hand side of the channel, whilst the red and white pole on the dune, aligned with the red and white pole in the surf, shows the left hand side of the channel. Enter the channel between these two limits, keeping to the centre of the channel, and only turn towards the slipway once the outer poles have been passed.

    You are reminded that the slipway is used entirely at the rider or owner's risk. and that the Municipality accepts no responsibility for damage to person or property arising from use of the slipway.
    1. 200 metres from low-water mark

    1.The section of coastline from the low-water mark to 200 metres off- shore comes under the jurisdiction of the Municipality.
    2.No powered craft are permitted to operate within 200 metres of the shoreline, from the Kromme River mouth to Cape St Francis Far Point. The 200 metre line will be demarcated by buoys along the length of the beach.

    Exceptions
    1.Launching from the old N.S.R.I. slipway and Aldabara Run, and traversing to 200 metres off-shore;
    2.An emergency resulting from mechanical breakdown;
    3.An emergency for life-saving purposes.
    4.A section of beach from the Kromme River mouth, stretching south for a distance of about 400 metres, which has been demarcated for free-style activity by rubber ducks and jetskis (PWCs).

    2. Beyond 200 metres from the low-water mark
    The sea beyond the 200 metres mark comes under the jurisdiction of the South African Maritime Safety Association.

    2.1 Vessels of less than 3 metres in length

    The regulation permits craft of less than three metres in length, which are used purely for recreational purposes, to go to sea, provided that such vessels may ply only within the sea area between 200 and 500 metres from the low-water mark.

    Craft launching from the Municipal area must be registered for the purpose at the Municipal office, and the decals provided must be clearly displayed on the sides of the craft.

    2.2 Vessels of more than 3 metres. but less than 5 metres in length, with one motor.

    These craft are allowed to proceed for up to 1 nautical mile from the shoreline, following survey by the Port Captain, who will check for the following equipment which has to be carried:

    Hand-held orange smoke flare; 2 bailers; Mirror; Projectile flare set; hand- held compass; sound signalling device; number on boat; 5 litres fresh water; 2-way radio; 2 paddles or oars; anchor; first aid kit; chain; I.D.(orange) sheet; 50 metres of rope; engine spares & tools; approved life jackets; fire extinguisher; capsize rope or grab line.

    2.3 Vessels in excess of 5 metres in length

    The regulations are complex and stringent and are beyond the scope of this booklet.

    Such craft must be surveyed by a SAMSA or SAD SA Safety Officer. The skipper is required to undergo training & licensing, and the craft must be appropriately equipped.

    Application should be made to the Port Captain or the St Francis Bay Ski Boat Club.

    5. OFFSHORE AT CAPE ST FRANCIS
    The same rules concerning distances off-shore, size of craft and registration apply as to St Francis Bay, but no buoys will be displayed to demarcate the 200 metre mark. Two Zones (1 & 4) have been allocated for use by powered craft.

  • Rubber ducks may be launched from the launching area in Zone 1, at the end of Seal Point Boulevard. They must proceed immediately to 200 metres off-shore, keeping within the Zone 1 area, which is demarcated by red buoys.

    Personal Watercraft (jetskis) are provided for in Zone 4.

    A section of Zone 4 of the Cape St Francis beach has been zoned for free style activity by rubber ducks and PWCs. The "free style" zone is demarcated by a red & white pole at the west end, and a green and white pole at the east end of the zone.

    Access onto the beach for launching of PWCs is via Shearwater Drive. A fee of R20 for a daily permit, R100 for a monthly permit, or R200 for an annual permit, will be payable for access to the beach. Permits are available at the two shops in Cape St Francis.

    • All other zones of the beach are exclusion zones for all powered craft, within 200 metres of the shoreline at low tide. All powered craft must keep 100 metres away from surfers and swimmers at all times.
    • Vehicles

    There are restrictions on the number of fishing vehicles on the beach at any given time. PWC owners with the appropriate permit will be permitted access to the beach for launching purposes, but must immediately return the vehicle to the parking space off Shearwater Drive. The official on the boom at Shearwater Drive has the right to control numbers.

  • 6. PERSONAL WATERCRAFT/PWCs (JET SKIS)

    GENERAL

  • Jet skis present a particular problem during peak holiday seasons. Their high speed can represent a real safety hazard, and their noise when operating free style can be a serious disturbance to other members of the community.
  • Neither of these is insuperable where riders adopt a responsible approach. Problems arise where inconsiderate riders fail to respect the rights of others. It is the irrational rider who causes the strong reactions so often associated with jut skis, and it is these riders who need to be controlled.
  • The Municipality has gone as far as it can to accommodate jet skis in a way which will cause least danger and disturbance to other holiday makers. Owners of jet skis are requested to respect the arrangements made in the interest of general harmony.

    Definitions
    “Traversing” can be defined as “the moving of PWCs from point of A to point B in the most direct route, and at a speed relevant to the situation and proximity of other vessels, jetties and slipways”.

    Under these circumstances PWCs are indistinguishable from other powered craft, and should be treated as such.

    “Free Style” can be defined as “high-speed riding, and the performance with a PWC of tricks, stunts, wave-jumping, wake-jumping, spinning, “doughnuts”, etc.”

    Operating free style can be dangerous, especially in a confined space, or under an inexperienced or reckless rider, and causes disturbance to those within earshot. This is aggravated when the same manoeuvre is performed repeatedly in the same place, and even more so when several; riders are involved at the same time.

    REGULATIONS
    General rules

    All the general boating rules and rules of navigation and rights of way, outlined in Ch 7 & 8, apply.
    Identification

    To assist with law enforcement, the Municipality has a policy of requiring jet ski riders to wear specially designed identification jackets over their life jacket. These are available from the Municipal office against a small deposit and hire fee. Any person riding a jet ski within the area Under Municipal jurisdiction is required to wear an identification jacket.
    Canals

    The ban imposed in 1999 has now been rescinded. Jet skis are treated like any other powered craft on the canals. The normal rules regarding registration and non-wake speed apply.
    Kromme River

    This is controlled by the Western District Council. Their ruling is simple. Jet skis may use the river like any other powered craft, but no free style activity is permitted on the river. Jet skis should travel at a safe speed. All the normal rules apply, including registration of craft for use on the river.
    Sea

    The Municipality controls the sea to a distance of 200 metres from the low-water mark. This has been clearly demarcated by red marker buoys along the length of the St Francis Bay beach, but not along the Cape St Francis beach.

  • No powered craft activity is permitted within the 200 metre zone, with the following exceptions:
  • The launching points at Harbour Road, Aldabara Road and Shearwater Drive;
  • The areas demarcated for free style activity;
  • Emergencies, for example for life-saving puposes, or in the event of a mechanical breakdown.

    Launching

    There are three sea-launching points for PWCs:

    • Harbour Road
    • Aldabara Run in St Francis Bay
    • Shearwater Drive at Cape St Francis.

      PWCs launching onto the sea:

      • Must be registered with the municipality,
      • Must display the appropriate decal
      • The rider must be wearing an identification jacket
      • At Cape St Francis a beach permit must also be obtained from one of the shops.

      N.B. Riders launching from Harbour Road are advised to study the warning on p. 9 of this booklet.

      Free Style activity off the beach
      The following areas have been allocated for free style activity by PWCs within 200 metres of the shore:

      St Francis Bay
      The section of the beach from the Kromme River Mouth to the red & white demarcating pole – a distance of about 400 metres.

      Cape St Francis
      Zone 4 of the beach, accessed via Shearwater Drive. For details, see Chapter 5 (p11).

      All other beach zones are no-go areas for PWCs, and are reserved for swimming, surfing, fishing, sailing etc.

      SAJBSA rules and Code of Conduct
      The municipality fully endorses the rules and Code of Conduct published by the South African Jet Boat Sport Association. Riders of jet skis are asked to regard these as the basis of use of waterways at St Francis.

      SAJBSA RULES

      • 1.Minimum age 16, unless in possession of valid racing licence or under supervision of an adult.
        2.Both owners and operators must be familiar with rules, and held responsible for transgressions.
        3.Craft to be registered.
        4.Minimum equipment required:
      • Life jacket for everyone on craft;
      • Helmet to be used when wave jumping;
      • Kill switch, which must be attached to operator.
        5. Off-shore usage:
        set of pencil flares (current)
      • Positive buoyancy, as supplied by manufacturer, must be in place.
        6. Users do so at their own risk. Local authorities are not responsible.
        7. Operation
        Only in demarcated areas;
      • At least 50 metres from fishermen, fishing or non-powered craft;
      • Re-fuelling not less than 20 metres from water’s edge;
      • Not under influence of alcohol of drugs;
      • Shoreline from shore to five metres out a no wake zone. Travel at idle speed;
      • Towing/Skiing only if vessel registered to carry more than one person, with passenger operating as observer. Skiers to wear lifejacket (see also p6);
      • Right of authorised representative to inspect vessel and registration;
      • Violation of rules subject to removal from water and cancellation of registration.

      SAJBSA CODE OF CONDUCT

      1.I will respect the rights of all other users of the recreational waterways, both on the waterway and on the adjacent property.
      2.I will be considerate at the launch ramps and docks. I will get on and off the ramp briskly, and will not delay others.
      3.I will not allow any person under the age of 16 to operate my watercraft on his/her own.
      4.I will follow the navigation rules of the sea, and I will learn and observe the rules of wave jumping and wake jumping.
      5.I will give all anchored and drifting vessels plenty of room, and will not ride too close to any other vessel.
      6.I will not drive continuously in front of waters where boats are pulling off and entering.
      7.I will operate at headway speed in “no wake” zones.
      8.When approaching the shore. I will be especially aware of skiers, bathers and other craft near the shore.
      9.I will not follow close behind a boat towing a skier, and will give way to skiers.
      10.I will not disturb wildlife, and will keep a safe distance (50 metres) from aquatic mammals. I will observe areas where wildlife is protected.
      11.I will not drive my watercraft, or permit it to be driven, under the influence of alcohol or narcotics.
      12.I will not interfere with or harass others. I realise that people judge ALL watercraft by my actions.
      13.I will not litter the shore side and waterways, and will be careful with my fuel. I will not knowingly pollute any waters by re-fuelling within 20 metres of the waterway.
      14.I understand that my craft is a “boat”, and must be driven like a boat at all times.
      15.I will ensure that all pertinent information is passed on to family members of friends using the craft for the first time.
      16.I, as a watercraft operator, cherish my right to use my craft in such a manner as not knowingly to inconvenience or disturb other water users, local residents and flora and fauna.

      7. GENERAL RULES ON THE WATERWAYS

      1. Minimum ages
      Municipal area (canals and 200 metres off-shore)
      No child below the age of 9 years may drive any form of powered craft.
      Children aged between 9 & 12 years may drive a craft with a maximum of 5 horse-power (3Kw).
      Teenagers between the age of 13 & 15 may drive a craft with a maximum of 25 horse-power (18Kw).
      Persons of 16 years or older are permitted to drive all forms of powered craft, subject to the general rules given below.

      Kromme River
      Persons under the age of 15 are limited to driving craft with a motor of not more than 18kw (25h.p.), unless accompanied by a person over 16 years of age. For a PWC (jets ski) the minimum age is 16.

      2. Competence
      Any driver of a powered craft, of whatever age, must be competent to do so.

      3. Vision
      Vision, both forward and astern, must not be obscured.

      4. Dangerous Driving
      No boat may be driven in a negligent or reckless manner, or, owing to carelessness or bad conduct, injure or endanger anyone, or damage any property.

      5. Close passing
      A boat within 10 metres of less of a stationary boat, jetty, slipway or person should pass at “no wake” speed.

      6. Maximum load
      Do not exceed the maximum number specified for the craft.

      7. Wake
      Do not disturb or endanger the safety of another boat with you wake

      8. After sunset and before sunrise

      • Moving boats must have a red pot light, a green starboard light and a white navigation light switched on.
      • Anchored boats must have at least a single white light visible for 360 degrees.
      • A person aboard a canoe, paddle-ski, etc must carry a light, which need not be white.
      • Do not operate above non-wake speed.

      9. Young children and non-swimmers
      Children under the age of five and non-swimmers must wear a suitable buoyancy aid while boating .

      10. Silencers
      Power boats must be suitably silenced.

      11. Refuse
      All boats (excluding sail-boards) should carry a suitable container for refuse.

      12. Living accommodation
      Boats providing living accommodation require the written permission of the appropriate Council.

      8. RULES OF NAVIGATION AND RIGHTS OF WAY

      1. BASIC RULE:
      Keep right Overtake on the left (the opposite of the rule on the road)

      2. OTHER RULES
      i) Power gives way to sail, etc.
      A powered boat should give way to sailing boat or to a craft propelled by oars or paddles.

      ii) Overtaking
      The craft being overtaken has right or way, and the passing craft should keep well clear.

      Overtake on the port (left) side. If necessary, use a sounding device.

      iii) Crossing
      (Both boats are travelling in the same direction, but their courses are crossing). The boat to starboard (right) has right of way. The boat to port (left) should alter course to starboard, so as to go behind the other boat.

      iv) Safe speed
      At all times operate your boat at a safe speed that will enable you to take proper and effective Action to avoid a collision or stop in time to avoid an accident.

      9. CRUISING RULES FOR SAILING BOATS
      When two sailing boats are approaching each other, to avoid a collision the should behave as follows:

      1. One boat running free A boat which is running free shall keep clear of a boat which is close-hauled.

      2. Both boats running free, same track When both boats are running free, with the wind on the same side, the boat to windward (upwind) keeps clear of the boat to leeward (downwind).

      3. Close-hauled, opposite track

      A boat that is close-hauled on the port tack (wind on the left-hand side & sail on the right) shall keep clear of a boat that is close-hauled on the starboard tack (wind on the right hand, and sail on the left).

      4. Altering course Sailing boats and sail-boards shall not alter course immediately in front of any other boat.

      5. Racing Yacht racing rules are much more complex, and should be studied in a specialised manual.

      PLEASE NOTE:

      • This booklet is for information purposes only, and is not a legal document. The relevant Regulations have been presented in simplified form for ease of reading and retention.
      • Those whishing to study the official regulations can obtain them from the following:

      Canals and Shoreline

      The Town Secretary,
      St Francis Bay Municipal Office,
      P.O. Box 137, St Francis Bay, 6312
      Tel. 042 2940309; Fax 042 2940312

      Kromme River
      Deryk Langman,
      Department of Nature Conservation,
      Western District Council,
      P.O. Box 318, Port Elizabeth, 6000
      Tel. 041 5087111; Fax 041 5087070

      Off-shore
      South African Maritime Safety Association,
      P.O. Box 3914, North End, Port Elizabeth, 6056
      Tel. 041 5850051; Fax 041 582121

 
     


     
 

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