Title: [Training] The Fisheries Act,2011

Type: Act

Issuing Agency: Parliament of Zambia

Responsible Agency: Ministry of Fisheries and Livestock(Department of Fisheries)

Issuing Date: 18-04-2011

THE FISHERIES ACT, 2011

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ARRANGEMENT OF SECTIONS

Section

PART I

PRELIMINARY

1. Short title

2. Interpretation

PART II

DEPARTMENT OF FISHERIES

3. Director of Fisheries and other staff

4. Functions of Department

5. Honorary fisheries officers

6. Powers of authorised officers

7. Power to carry out tests and to take statistics

8. Release, seizure and destruction

9. Arrest without warrant

10. Obstruction of authorised officer or honorary fisheries officer

11. Immunity

12. General principles of management

13. Fisheries development measures

14. Fisheries management measures

PART III

PROTECTION OF FISH

15. Prohibited methods of fishing

16. Fish processing and storage vessels

17. Importation of fishing gear

18. Power to restrict methods of fishing

19. Restriction on introduction of fish

20. Power to control introduction and spread of fish disease

21. Offences related to fish disease

22. Emergency measures

23. Import of fish or fish product

24. Importation for scientific, educational or research purposes

25. Export of fish or fish product

PART IV

FISHERIES MANAGEMENT AREAS

26. Declaration of fisheries management area

27. Restriction on fishing in fisheries management area

28. Fisheries management plan

29. Fisheries management committee

30. Functions of fisheries management committee

31. Misuse of money of committee

32. Submission of report and minutes

33. Zone and village fisheries management committee

PART V

SPECIAL FISHING AREAS

34. Prescribed areas

35. Special fishing licence

PART VI

COMMERCIAL FISHING

36. Declaration of commercial fishing area

37. Registration of boats

38. Boat identification marks

39. Declaration of fisheries reserves

PART VII

AQUACULTURE

40. Prohibition of engaging in aquaculture without licence

41. Application for licence

42. Aquaculture licence

43. Conditions of aquaculture licence

44. Restriction on transfer of licence

45. Environmental impact assessment

46. Inspection of proposed site for aquacutlure

47. Prohibition of interfering with aquaculture facility

48. Restriction on use of chemicals, etc. in aquaculture facility

49. Cancellation and suspension of licence

50. Appeal against suspension or cancellation of licence

51. Aquaculture Development Plan

52. Aquaculture regulations

PART VIII

THE FISHERIES AND AQUACULTURE DEVELOPMENT FUND

53. Establishment of Fisheries and Aquaculture Development Fund

54. Administration of Fund

55. Application of moneys of Fund

56. Statement of income and expenditure

PART IX

GENERAL PROVISIONS

57. Mutual legal assistance

58. Offences committed outside Zambia

59. Extraditable offences

60. General offences

61. General penalty

62. Offences by body corporate or unincorporate body

63. Forfeiture provisions on conviction

64. Cancellation of licence or permit by court order

65. Conduct of prosecution

66. Trespass upon private property

67. Regulations

68. Repeal of Cap. 200

SCHEDULE

GOVERNMENT OF ZAMBIA

ACT

No. 22 of 2011

Date of Assent: 15^th April, 2011

An Act to provide for the appointment of the Director of Fisheries and fisheries officers and provide for their powers and functions; promote the sustainable development of fisheries and a precautionary approach in fisheries management, conservation, utilisation and development; establish fisheries management areas and fisheries management committees; provide for the regulation of commercial fishing and aquaculture; establish the Fisheries and Aquacuture Development Fund; repeal and replace the Fisheries Act, 1974; and provide for matters connected with, or incidental to, the foregoing

[18th April, 2011

ENACTED by the Parliament of Zambia.

PART I

PRELIMINARY

1. This Act may be cited as the Fisheries Act, 2011.

2. In this Act, unless the context otherwise requires—

“ aquaculture ” means the cultivation, propagation or farming of fish, aquatic vegetation, or other living aquatic resources whether from eggs, spawn, spat or seed or by rearing fish lawfully taken from the wild or lawfully imported into the country, or by other similar process;

“ Aquaculture Development Plan ” means the Plan prepared under section fifty-one;

“ aquaculture facility ” means any equipment,construction, enclosure, place or area, whether on land or in water, in which aquaculture is conducted;

 “ authorised officer ” means the Director, an officer of the Department of Fisheries authorised by the Director and any other person authorised, in writing, by the Director;

“ boat ” means any water craft, whether powered or unpowered, used for, or in connection with, commercial fishing, but does not include a canoe;

“ commercial fishing ” means fishing which is undertaken in a commercial fishing area as a regular or occasional occupation for the supply of fish to any market or industry;

“ committee ” means a fisheries management committee constituted under section twenty-nine;

“ community resources board ” has the meaning assigned to it in the Zambia Wildlife Act, 1998;

“ conveyance ” means an aircraft, ship, boat, vessel, train, vehicle, carriage, cart or other conveyance of whatever kind, including the fittings and equipment of the conveyance;

“ Department ” means the Department of Fisheries;

“ Director ” means the person appointed as such under section three;

“ disease ” means a deviation from the state of complete physical or social well being of an organism involving a well defined set of symptoms and ichthyology that leads to an impairment of the organism’s normal function;

“ ecologically sustainable development ” means using, conserving and enhancing the fisheries resources and fish habitats so that—

(a) the ecological processes on which life depends are maintained; and

(b) the total quality of life, both now and in the future, can be improved;

“ Environmental Management Agency ” has the meaning assigned to it in the Environmental Management Act, 2011;

“environmental impact assessment” has the meaning assigned to it in the Environmental Management Act, 2011;

“ fish ” means any vertebrate fish alive or dead and any part thereof, whether or not preserved in any form, and includes fin, shell fish, the young and eggs but does not include a genetically modified organism;

 “ fish product ” means any product or part thereof, including oil, obtained by fish processing and intended for use as human food, animal feed or raw material ingredient in the manufacture of other commodities of commercial or ornamental value;

“ fishing ” includes any act directed at or intended for the harvesting, taking, killing or injuring of any fish;

“ fishing gear ” means any instrument, equipment, net, cork, buoy or other article including any part thereof used for purposes of fish finding, congregating fish or fishing;

“ fisheries management area ” means any fishery waters or part thereof or any geographical area, whether or not connected to any fishery water, declared to be a fisheries management area under section twenty-six;

“ fisheries management plan ” means a plan for the management and development of a fisheries management area prepared pursuant to section twenty-eight;

“ fishery waters ” means water in any river, stream, watercourse, lake, lagoon, swamp, pond,dam or reservoir, whether natural or man-made, but does not include water in aquaria or ornamental ponds unconnected with any natural water;

“ Fund ” means the Fisheries and Aquaculture Development Fund established under section fifty-three;

“ game management area ” has the meaning assigned to it in the Zambia Wildlife Act, 1998;

“ genetically modified organisms” has the meaning assigned to it in the Biosafety Act, 2007

“ honorary fisheries officer ” means any person appointed as such under section five;

“ Local Forest ” has the meaning assigned to it in the Forests Act;

“ National Forest ” has the meaning assigned to it in the Forests Act;

“ National Park ” has the meaning assigned to it in the Zambia Wildlife Act, 1998;

“ precautionary approach ” means the principle that, if there is a threat of serious or irreversible environmental damage, lack of scientific certainty should not be used as a reason to postpone measures to prevent environmental degradation, or possible environmental degradation, because of the threat;

 “ prescribed area ” means such area as may be prescribed by the Minister for the purpose of this Act; and

“ weir ” means any fence, bank or similar obstruction erected in or across water for the purpose of taking fish, obstruction of free fish movement or migration, and includes any basket traps or similar devices therein.

 

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PART II

DEPARTMENT OF FISHERIES

3. (1) The Public Service Commission shall appoint, as public officers, a Director, a Deputy Director, fisheries officers and such other staff, for the Department within the Ministry responsible for fisheries development, as shall be necessary for the proper administration of this Act.

(2) The Director shall be responsible for the administration of this Act and the exercise of the Department’s functions as provided under this Act.

(3) The Director may, in writing, delegate the exercise of any of the powers and functions conferred upon the Director by this Act to such authorised officers as the Director may think fit.

(4) The Director may, in writing, revoke or vary any delegation made, under subsection (3), of any power included in the delegation instrument.

(5) The Minister may, by statutory order, confer any power and any duties of an authorised officer under this Act, on any public officer or class of public officers.

4. (1) The functions of the Department are to—

(a) conserve, manage and develop fishery resources and waters in a sustainable manner;

(b) manage, develop and protect aquaculture, aquatic vegetation and fish habitats;

(c) take such measures as are necessary for the protection of fish stocks from the effects of pollution and from any other effects which are harmful or potentially harmful to fish stocks;

(d) regulate the conduct of fishing operations including aquaculture and operations ancillary thereto;

 (e) manage, control and eliminate diseased fisheries resources;

(f) take appropriate measures, in consultation with the Environmental Management Agency, for the safeguard against extinction of protected species;

(g) issue, vary, suspend and revoke any permits and licences for fishing, equipment used for fishing, aquaculture and other activities for which permits or licences are required under this Act;

(h) ensure the fair access to fisheries resources for commercial, recreational and indigenous use;

(i) conduct and support fisheries research and development;

(j) allocate money from the Fund;

(k) create an environment of cooperation and consultation with other public institutions so as to enable the other public institutions to perform their functions that impact on this Act,within the context of this Act and the ambit of their respective powers and functions;

(l) liaise or interface with similar organs in other countries or international institutions dealing with fisheries conservation and management; and

(m) perform any other functions as are necessary or incidental to the carrying out of its functions under this Act.

(2) The Director shall, in carrying out the functions of the Department, as specified under subsection (1)—

(a) promote a community-based natural resource management approach in respect of fisheries management;

(b) facilitate and simplify the issuance of licences and permits to those who are entitled to them;

(c) create a climate of cooperation with communities and organs of civil society so as to encourage them to cooperate with the Department in the application and implementation of this Act;

(d) ensure the uniform application of this Act;

(e) ensure the efficient and effective operation of the Department;

 (f) administer the prescribed fees, fines and other payments that the Department exacts or receives in such a manner as to defray the overall cost of the Department’s operations; and

(g) conduct any other activity specified under this Act or that is necessary for or conducive to its implementation.

(3) The functions of the Director are to—

(a) supervise and control the manner, extent and conditions of producing, harvesting, treating, transporting and selling of fisheries resources;

(b) ensure that economic efficiency is taken into account in developing management arrangements for fisheries resources;

(c) supply or support fisheries educational programs and codes of practice for fisheries management;

(d) examine and advise the Minister on issues affecting fisheries resources and fish habitat;

(e) examine and advise the Minister on the administration of this Act and make any recommendations the Director considers appropriate;

(f) assess fish stocks and collect statistics including details of catches;

(g) maintain a record of fishing boats, their masters, captains, crew and any other person working on them;

(h) monitor and control fishing operations; and

(i) perform any other functions conferred on the Director under this Act.

5. (1) The Minister may, in consultation with the Director, by notice in the Gazette, on such terms and conditions as the Minister may specify in the notice, appoint any person to be an honorary fisheries officer.

(2) The appointment of an honorary fisheries officer may be—

(a) general, so that the honorary fisheries officer is empowered to act in any part of the Republic, including any fishery waters as may be specified in the instrument of appointment; or

 (b) limited, so that the honorary fisheries officer is empowered to act in areas of their residence including any fishery waters as may be specified in the instrument of appointment.

(3) Subject to the other provisions of this Act and to the terms of the instrument of appointment, an honorary fisheries officer shall, within the terms of appointment, exercise the functions and perform the duties of an authorised officer.

6. (1) Subject to, and for the purposes of, this Act, an authorized officer may—

(a) at any reasonable time, enter upon and inspect any land, tent, conveyance, fish processing establishment, aquaculture facility, building or premises where any fish or fish product may be found or processed, or where any traps, weirs, stakes, fences or other contrivances may be found for the purposes of inspection and data collection;

(b) open and examine any container, conveyance, package or wrapping suspected to contain any fish or fish product, to ensure sanitary compliance;

(c) inspect any fish or fish product destined for import into or export from Zambia to determine whether the consignment is sanitary compliant;

(d) inspect and examine any conveyance which the authorized officer has reasonable grounds to believe is transporting any fish or fish product to ensure sanitary compliance;

(e) require the person in charge of any conveyance entering in Zambia to furnish a list of the names of all persons in the conveyance and such other prescribed information as it is within the power of such person to furnish;

(f) search any person whom the authorised officer has reasonable grounds to believe is carrying any fish or fish product or carrying out activities contrary to this Act;

(g) require any person to produce for inspection any fish, fish product, net, trap, line, poison, document, explosive, appliance, article, device or anything in relation to or in connection with which, the authorised officer has reason to believe, an offence has been committed or is likely to be committed;

 (h) seize any fish, fish product, net, trap, line, poison, explosive, appliance, equipment, device or material in connection with which an offence appears to have been committed;

(i) apply or order the application of measures which are necessary or prescribed for the control or prevention of the spread of a disease;

(j) destroy or order the destruction at any time of any fish or fish product which is diseased, moved or used contrary to the provisions of this Act;

(k) order the adoption of measures prescribed to ensure the protection of fish; and

(l) seize or order the seizure of a conveyance carrying any fish or fish product in contravention of this Act or any other law.

(2) An owner of any land, building or premises or of any conveyance shall afford an authorised officer access thereto and shall give such information and provide such reasonable assistance as the authorised officer may require for the purposes of data collection and carrying out an inspection.

(3) An authorised officer may, in the performance of any functions under this section, be accompanied and assisted by a police officer.

(4) An authorised officer may, in the course of an inspection carried out under this section—

(a) seize, re-call, destroy, detain, or otherwise dispose of any fish or fish product or order that any such action be taken, at the expense of the owner;

(b) obtain any sample of any fish or fish product as the authorised officer considers necessary;

(c) order any person to produce for inspection, or for purposes of obtaining extracts or copies, any book, document or other information concerning any matter relevant to the administration of this Act;

(d) suspend one or more activities or temporarily, partially or completely close an inspected premises; and

(e) suspend or withdraw any permit or licence issued under this Act.

(5) Where an authorised officer detains, disposes of or destroys any fish or fish product under subsection (1) or (4), the authorized officer shall, as soon as is practicable, notify in writing, the owner of the fish or fish products of the steps taken and the reasons therefor.

(6) Where—

(a) at any place within Zambia, any fish, fish product or conveyance is infected or is suspected of being infected with any disease; or

(b) any fish, fish product or conveyance has been introduced into any place in Zambia without the permit required for such introduction, or having been introduced under a permit is moved or dealt with otherwise than in accordance with such permit; an authorised officer may make such order as the authorised officer considers necessary for all or any of the following purposes:

(i) to direct that such fish, fish product or conveyance be seized or detained;

(ii) to direct that such fish, fish product or conveyance be disposed of or destroyed, as the case may be; or

(iii) to direct that such fish, fish product or conveyance be dealt with in such manner as is considered necessary to prevent the spread of any disease.

(7) A person who contravenes an order made pursuant to this section commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both.

(8) Where a person fails or refuses to do anything which that person is required to do under an order made under this section, an authorised officer may do or cause such thing to be done.

(9) The cost of anything which an authorised officer does or causes to be done under subsection (8) shall be recoverable by the Director from the person who failed or refused to comply with the order.

(10) The Government shall not be liable for any loss or damage which occurs to any property during an act of seizure by an authorised officer or whilst the property is detained under this Act unless the authorised officer caused the damage negligently, maliciously or fraudulently.

7. (1) An authorised officer may, for the purposes of this Act—

(a) take or cause to be taken from any fish or fish product, any sample or specimen;

(b) take or cause to be taken from a building, place or conveyance, any sample or specimen; and

(c) apply such other tests as the authorised officer considers necessary.

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