Decree No. 097/PS of the President of the Lao People’s Democratic Republic on the Promulgation of the Law on Aquatic and Fisheries (Amended)

Unofficial Translation by WCS, reviewed and approved by DLF 1 Lao People’s Democratic Republic Peace Independence Democracy Unity Prosperity President of the State No. 097/PS Vientiane Capital, 30 August 2023 Decree of the President of the Lao People’s Democratic Republic on the Promulgation of the Law on Aquatic and Fisheries (Amended) Pursuant to the Constitution of the Lao People's Democratic Republic (amended in 2015), Chapter VI, Article 67, Point 1; Pursuant to the Resolution of the National Assembly Session No. 91/NA, dated 17 July 2023 on Adoption of the Law on Aquatic and Fisheries (Amended); Referring to the Letter of Proposal of the National Assembly Standing Committee No. 25/SC, dated 15 August 2023. The President of the Lao People's Democratic Republic Decrees that: Article 1. The Law on Aquatic and Fisheries (Amended) is hereby promulgated. Article 2. This Presidential Decree shall enter into force from the date it is signed. President of the Lao PDR (Signature & Seal) Thongloun SISOULITH Unofficial Translation by WCS, reviewed and approved by DLF 2 Lao People’s Democratic Republic Peace Independence Democracy Unity Prosperity National Assembly No. 91/NA Vientiane Capital, 17 July 2023 Resolution of the National Assembly Session on Adoption of the Law on Aquatic and Fisheries (Amended) Pursuant to the Constitution of the Lao People's Democratic Republic No. 63/NA, dated 08 December 2015, Article 53, Point 1; Pursuant to the Law on Amendment of Certain Articles of the Law on National Assembly and the Law on Provincial People’s Assembly No. 82/NA, dated 30 June 2020, Article 11, Point 1. After a comprehensive and thorough examination and consideration of the content of the Law on Aquatic and Fisheries (Amended) by the 5th Ordinary Session of the National Assembly’s 9th Legislature during the Morning Session of the 13th of July 2023 and the consideration and adoption of such law during the Afternoon Session of the 17th of July 2023; The National Assembly Session Decides: Article 1. To adopt the Law on Aquatic and Fisheries (Amended) by the votes of more than half of the number of the National Assembly members attending the Session. Article 2. This Resolution shall enter into force from the date it is signed. President of the National Assembly (Signature & Seal) Dr. Xaysomphone PHOMVIHANE Unofficial Translation by WCS, reviewed and approved by DLF 3 Lao People’s Democratic Republic Peace Independence Democracy Unity Prosperity National Assembly No. 41/NA Vientiane Capital, 17 July 2023 Law on Aquatic and Fisheries (Amended) Chapter I General Provisions Article 1 (Revised) Objectives This Law determines the principles, regulations and measures relating to the management, monitoring and inspection of aquatic and fishery activities in order to make these activities efficient and effective with the aim of ensuring the management, protection, development and utilization of aquatic animals and fisheries to achieve quality and safety, ensuring food security and commodities production in line with green and sustainable direction, allowing regional and international integration, contributing to the national socio economic development. Article 2 (Revised) Aquatic and Fisheries Aquatic refers to all species of animals which are born and grown in the water or have a certain period of their life cycle in the water naturally or are taken from nature for raising and breeding, including the eggs, sperm and larva of aquatic animals. Fisheries refer to the activities related to the aquaculture, the catching and processing of aquatic animals including the surveillance, prevention and control of aquatic animal diseases. Article 3 (Revised) Interpretation of the Terms The terms used in this Law shall have the following meanings: 1. CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) means the Convention on International Trade in Endangered Species of Wild Fauna and Flora which was adopted in Washington, D.C. on 3rd March 1973 and Lao PDR became a party on 1st March 2004; 2. Fishery Commodities mean live aquatic animals, aquatic animal products, aquatic animal by-products, biological products, aquatic animal pathogens, aquatic animal feed, Unofficial Translation by WCS, reviewed and approved by DLF 4 veterinary products and equipment related to aquatic animal raising, catching and processing; 3. Aquatic Animal Products mean the products derived from aquatic animals, such as whole aquatic animal carcass, meat, eggs, sperm, fertilized eggs, larva, skin, internal organs, fish oil, fish powder and fish bone powder; 4. Aquatic Animal By-products mean the bones, fishbones, scales, fins and other parts of the aquatic animals that are not suitable for consumption, but can be used for other purposes; 5. Veterinary Products mean the equipment, veterinary drugs and chemicals that are used in the prevention, diagnosis and treatment of diseases or in the change of function of the organ of the aquatic animals; 6. Fertilized Eggs mean the eggs of the aquatic animals which are fertilized by the fusion of male and female gametes of the aquatic animals; 7. Larva mean live fertilized eggs which are in the process of development into baby aquatic animals; 8. Fish shoal means the group of fishes assembling for spawning and breeding in the river, stream or in a particular water location; 9. Aquatic Animal Reproduction means the increase of the population through natural breeding, semi-natural breeding, artificial breeding or use of other technical methods; 10. Aquatic Plants mean the plants which are reproduced and grown under the water, on water surface, in water edge areas and are the sources of food and habitats of the aquatic animals; 11. Import of Aquatic Animals means the import of aquatic animals, carcasses, parts and products of aquatic animals for the purposes of raising, breeding and using in Lao PDR; 12. Export of Aquatic Animals means the export of aquatic animals, carcasses, parts and products of aquatic animals to foreign countries; 13. Re-export of Aquatic Animals means taking the aquatic animals, carcasses, parts and products of aquatic animals which were previously imported into Lao PDR to send back to the country of origin; 14. Transit of Aquatic Animals means taking the aquatic animals, carcasses, parts and products of aquatic animals to transit Lao PDR to another country; 15. Submerged Land means the land which is under the water where there are aquatic animals, aquatic plants, minerals and others; 16. Breeds of 1st Generation mean aquatic animals which are born from breeder parents that are taken from nature for raising; 17. Breeds of 2nd Generation mean aquatic animals which are born from breeder parents of the 1st generation; 18. Non-destructive Tools mean the traditional weapons and traditional fishing gears that cause no threat and no risk to the extinction of aquatic animal species. Unofficial Translation by WCS, reviewed and approved by DLF 5 Article 4 (Revised) State Policy on Aquatic and Fishery Activities The State encourages and promotes aquatic and fishery activities by formulating policies, laws; providing personnel, budget, vehicles, equipment, advanced techniques and technology for these activities. The State encourages and promotes individuals, legal entities or organizations, both domestic and foreign, to make financial and technical contribution to the development of aquatic and fishery activities to allow them to grow and become sustainable. The State supports individuals, legal entities or organizations to form the groups, cooperatives, associations in order to promote the aquaculture, fisheries and processing of aquatic animals in an effective manner and in compliance with the laws. Article 5 (Revised) Principles of Aquatic and Fishery Activities Aquatic and fishery activities shall be carried out according to the following principles: 1. Complying with the guideline policies, Constitution, laws, strategies and National Socio-Economic Development Plan; 2. Ensuring centralized and uniform management throughout the country; 3. Considering the protection, aquaculture as primary tasks and the management of fisheries as an important task; and ensuring public participation; 4. Ensuring equality, fairness, transparency and accountability; 5. Implementing the conventions to which Lao PDR is a party and other relevant international agreements. Article 6 (Revised) Ownership of Aquatic Animals Aquatic species living in nature in the territory of Lao People’s Democratic Republic are the properties of the national community that the State is responsible for managing in a centralized and uniform manner throughout the country. The State recognizes the aquatic use right of the individuals, legal entities or organizations in accordance with the laws. Aquatic animals that individuals, legal entities or organizations have raised and bred by using their own labor or capital and obtaining the permission from the Agriculture and Forestry sector shall be the properties of these individuals, legal entities or organizations. Article 7 (Revised) Obligations of the Citizens All citizens shall have the obligations to participate, contribute and cooperate in aquatic and fishery activities in accordance with the laws, such as providing information or report on the occurrence of aquatic animal diseases, actions that violate the laws, engaging in the prevention of potential negative impacts on aquatic animals and fisheries. Unofficial Translation by WCS, reviewed and approved by DLF 6 Article 8 (New) Scope of Application of the Law This law shall apply for individuals, legal entities or organizations, both domestic and foreign, who engage and involve in aquatic and fishery activities in Lao PDR. Article 9 (Revised) International Cooperation The State promotes the relation and cooperation with foreign countries, regional and international bodies in aquatic and fishery activities through the exchange of lessons, information, scientific research, techniques, technologies, human resource development to allow such activities to be expanded, strengthened and modernized, and through the implementation of the conventions to which Lao PDR is a party and the relevant international agreements. Chapter II Aquatic Animals Section 1 Categories of Aquatic Animals Article 10 (Revised) Categories of Aquatic Animals Aquatic animals in Lao PDR are classified into three categories as follows: 1. Aquatic animals of prohibited category which are aquatic animals in List I; 2. Aquatic animals of controlled category which are aquatic animals in List II; 3. Aquatic animals of general category which are aquatic animals in List III. The Ministry of Agriculture and Forestry is responsible for approving the aquatic animal lists from time to time. Article 11 (Revised) Aquatic Animal List I Aquatic animals in List I are aquatic species which are rare, threatened and faced with risk of extinction. These species are important for the ecosystem, tourism and scientific research. Aquatic animals in List I must be managed, protected and developed. Article 12 (Revised) Aquatic Animal List II Aquatic animals in List II are aquatic species which are not yet threatened with extinction. These species are valuable for the ecosystem, socio-economic development and scientific research. Aquatic animals in List II must be managed, protected, developed, and their use must be controlled. Unofficial Translation by WCS, reviewed and approved by DLF 7 Article 13 (Revised) Aquatic Animal List III Aquatic animals in List III are aquatic species which are capable to reproduce widely in the nature and are important for the socio-economic development, ecosystem, livelihoods of the people and scientific research. Aquatic animals in List III are allowed to be used in accordance with the laws by ensuring that such use should be in a sustainable manner. Section 2 Management of Aquatic Animals Article 14 (New) Management of Aquatic Animals Aquatic animal management comprises the following activities: 1. Registration and declaration of lists of aquatic animals; 2. Trade in aquatic animals; 3. Movement of aquatic animals; 4. Import, export, re-export and transit of aquatic animals; 5. Transport of aquatic animals; 6. Establishment of aquatic zoo; 7. Aquatic farming; 8. Aquatic circus show; 9. Production of documentary film on aquatic animals; 10. Aquatic conservation tourism; 11. Aquatic animal museum; 12. Storage of aquatic animal carcasses, parts and products; 13. Mitigation of project development impact on aquatic animals; 14. Other activities. Article 15 (New) Registration and Declaration of Lists of Aquatic Animals Aquatic animals in List I which are taken for raising, breeding in the aquatic zoos, aquatic farms and other authorized places including the carcasses, parts and products of such aquatic animals must be registered and declared the list with the District Agriculture and Forestry Office. Aquatic animals in List II which are taken for raising or breeding in the aquatic zoos, aquatic farms and other places for commercial purposes must be registered and declared the list with the District Agriculture and Forestry Office. Individuals, legal entities or organizations must declare the lists, number, species, increase or decrease of aquatic animals in their possession to the District Agriculture and Forestry Office on an annual basis. Regarding the aquatic animals including the carcasses, parts and products thereof that lie in CITES Appendices, they shall be registered and declared the list with CITES Management Authority in accordance with the relevant regulations. Unofficial Translation by WCS, reviewed and approved by DLF 8 Aquatic animals in List III which are taken for raising or breeding are not required to register and declare the list of aquatic animals. Article 16 (New) Trade in Aquatic Animals Aquatic animals in List I including the carcasses, parts and products thereof are absolutely not permitted for trade. Aquatic animals in List II including the carcasses, parts and products thereof are permitted for trade from the aquatic breeds of 2nd generation and subsequent generation, whereas the breeder parents and aquatic breeds of the 1st generation are not permitted to be traded. The breeder parents shall be released back to the nature, whereas the aquatic breeds of the 1st generation shall be kept as breeder parents or released back to the nature. Aquatic animals in List III are permitted for trade in accordance with the laws. The trade in aquatic animals including the carcasses, parts and products thereof which lie in CITES Appendices shall be carried out in accordance with the laws, conventions to which Lao PDR is a party and with the relevant international agreements. Article 17 (New) Movement of Aquatic Animals The movement of aquatic animals in List I and List II, including the carcasses, parts and products thereof, between province and province requires to seek the permit from the Provincial Agriculture and Forestry Office and to have the aquatic animal health certificate or the aquatic animal product sanitary certificate and the birth place certificate or the certificate of origin as the case may be. The movement of aquatic animals in List I and List II, including the carcasses, parts and products thereof, between district and district requires to seek the permit from the District Agriculture and Forestry Office and to have the aquatic animal health certificate or the aquatic animal product sanitary certificate and the birth place certificate or the certificate of origin as the case may be. The movement of aquatic animals in List III, including the carcasses, parts and products thereof, is not required to apply for permit, but must have the aquatic animal health certificate or the aquatic animal product sanitary certificate as the case may be. Article 18 (New) Import, Export, Re-export and Transit of Aquatic Animals The import, export, re-export and transit of aquatic animals shall be carried out as follows: 1. For aquatic animals in List 1 including the carcasses, parts and products thereof, it is required to seek the permit from the Government based on the proposal of the Ministry of Agriculture and Forestry; 2. For aquatic animals in List II and List III including the carcasses, parts and products thereof, it is required to seek the permit from the Ministry of Agriculture and Forestry based on the proposal of the Provincial Agriculture and Forestry Office. Unofficial Translation by WCS, reviewed and approved by DLF 9 The Ministry of Agriculture and Forestry is responsible for approving the annual plan for the import, export, re-export and transit of aquatic animals including the carcasses, parts and products thereof based on the proposal of the Provincial Agriculture and Forestry Office. The import, export, re-export and transit of aquatic animals of all species including the carcasses, parts and products thereof which lie in CITES Appendices shall be carried out in accordance with the laws, conventions to which Lao PDR is a party and with the relevant international agreements. Article 19 (New) Transport of Aquatic Animals The transport of aquatic animals, including the carcasses, parts and products thereof, shall ensure quality, safety and compliance with the best practice conditions and standards for each species of aquatic animals and carcasses, parts and products of aquatic animals which are defined by the Ministry of Agriculture and Forestry. Article 20 (New) Establishment of Aquatic Zoo Individuals, legal entities or organizations, both domestic and foreign, may establish the aquatic zoo for the collection, breeding, aquatic circus show, dissemination and awareness-raising to allow the public as a whole to know the value, love, cherish, protect and develop the aquatic animals in a sustainable manner by applying for permission from the Ministry of Agriculture and Forestry. The criteria and requirements for the establishment of aquatic zoo are determined in a separate regulation. Article 21 (New) Aquatic Farming Individuals, legal entities or organizations, both domestic and foreign, wishing to establish the aquatic farm for taking aquatic fauna or aquatic breeds for raising, research and experiment, breeding to produce commodities for domestic consumption and for export to foreign countries shall apply for permission from the Ministry of Agriculture and Forestry. The criteria and requirements for the establishment of aquatic farm are determined in a separate regulation. Article 22 (New) Aquatic Circus Show Taking aquatic animals to perform the circus show in any places inside the country is allowed without seeking the permission. Taking aquatic animals out to perform the circus show abroad or taking aquatic animals from abroad to perform the circus show in Lao PDR shall require to apply for temporary export permit or temporary import permit from the Government in case of aquatic animals in List I, and from the Ministry of Agriculture and Forestry in case of aquatic animals in List II and List III and to comply with the relevant laws. Unofficial Translation by WCS, reviewed and approved by DLF 10 Taking aquatic animals for circus show abroad is required to return such aquatic animals in accordance with the contract term. In case, such aquatic animals have given birth to babies, the babies must also be returned along with their parents. If the aquatic animals taken out for circus show are dead, the carcasses or parts of such aquatic animals must be sent back to Lao PDR and the responsibility shall be held in accordance with the contract. Taking aquatic animals for circus show abroad requires to have the aquatic animal health certificate, aquatic animal ownership certificate or contract, security contract and to comply with the laws of the importing country. Taking aquatic animals which lie in CITES Appendices for circus show abroad shall be carried out in accordance with the conventions to which Lao PDR is a party and the relevant international agreements. Article 23 (New) Production of Documentary Film on Aquatic Animals Individuals, legal entities or organizations, both domestic and foreign, wishing to conduct the production of documentary film on aquatic animals for disseminating, raising awareness about the management, protection, development and use of aquatic animals associated with the promotion of eco-tourism, lifestyle and fine culture of Lao multi-ethnic people shall apply for permission from the Agriculture and Forestry sector and other relevant sectors. Article 24 (New) Aquatic Conservation Tourism Individuals, legal entities or organizations can engage in tourism operations that are linked with aquatic animal conservation as allocated by the State and have no negative impact on biodiversity and environment, but they are required to apply for permission from the Agriculture and Forestry sector. Article 25 (New) Aquatic Animal Museum Individuals, legal entities or organizations may establish the aquatic animal museum to be the place of collection of carcasses, parts and products of all aquatic species by applying for permission from the Information, Culture and Tourism sector based on the consent of the Agriculture and Forestry sector. Article 26 (New) Storage of Aquatic Animal Carcasses, Parts and Products Aquatic animal carcasses, parts and products which are acquired from handover, returns or sequestration shall be stored in a secure place under the supervision of the Agriculture and Forestry sector. The carcasses, parts and products of aquatic animals which lie in CITES Appendices shall be kept at CITES Management Authority office. Regarding the aquatic animal carcasses, parts and products which are seized in the process of case proceeding, they must be brought for storing in a secure place until the completion of the case proceeding. In case of aquatic animal carcasses, parts and products which are perishable or cannot be kept for a long time or can be kept by using significant Unofficial Translation by WCS, reviewed and approved by DLF 11 budget, a committee shall be appointed to tackle the issue in accordance with the regulations. Article 27 (New) Mitigation of Project Development Impact on Aquatic Animals The Agriculture and Forestry sector shall take the lead in coordinating with relevant sectors, local administrations and with the participation of the people to manage, monitor and inspect the investment projects in order to ensure minimum impact on aquatic animals and habitats. If the project causes impact on aquatic animals, the project developer shall be responsible for implementing the mitigation hierarchy measures and the compensations in accordance with the laws. During the project preparation phase, if the results of the feasibility assessment show the inability to achieve No-Net-Loss of biodiversity, such project will not be approved. The Ministry of Agriculture and Forestry is responsible for defining the compensation for impact on aquatic animals. Section 3 Protection and Development of Aquatic Animals Article 28 (New) Protection and Development of Aquatic Animals Aquatic animal protection and development comprise the following activities: 1. Aquatic animal survey; 2. Identification of aquatic habitat and aquatic species preservation zone; 3. Establishment of fish conservation zone; 4. Establishment of aquatic animal health rehabilitation center; 5. Aquatic animal development; 6. Other activities. Article 29 (New) Aquatic Animal Survey Aquatic animal survey refers to the collection of data on the species, population, varieties, survival status, growth, habitats, aquatic species conservation zones and so on. The Agriculture and Forestry sector shall take the lead to conduct the aquatic animal survey by coordinating with relevant sectors and to establish the aquatic animal database system to provide information for aquatic animal development planning for each area in each period. Individuals, legal entities or organizations wishing to conduct the survey or requiring the aquatic animal survey information must apply for permission from the Agriculture and Forestry sector and comply with the relevant laws. Article 30 (New) Identification of Aquatic Habitat and Aquatic Species Preservation Zone The Agriculture and Forestry sector shall coordinate with relevant sectors, agencies and local administrations to identify the aquatic habitats and the aquatic species Unofficial Translation by WCS, reviewed and approved by DLF 12 preservation zone based on the actual data obtained from the survey with the participation of the people, particularly the zone that has the conditions to establish the fish conservation zone, fish shoaling area, aquatic spawning ground, aquatic larva growing area. Article 31 (New) Establishment of Fish Conservation Zone Fish conservation zone (FCZ) refers to a deep-water area in the river, reservoir, catchment area which is designated as the safe habitat and breeding ground of the aquatic animals. The establishment of fish conservation zone shall be carried out in accordance with the procedures and regulations set out by the Ministry of Agriculture and Forestry. Individuals, legal entities or organizations shall have the obligation to protect the fish conservation zone and contribute the fund, material and equipment for the restoration of fish conservation zone to become sustainable. Article 32 (New) Establishment of Aquatic Animal Health Rehabilitation Center Individuals, legal entities or organizations, both domestic and foreign, wishing to establish the aquatic animal health rehabilitation center to be the place of rehabilitation and treatment of aquatic animals which are infected, injured or weak shall apply for permission from the Ministry of Agriculture and Forestry. Aquatic animals which are seized, confiscated, sequestered or handed-over by individuals, legal entities or organizations must be taken to the aquatic animal health rehabilitation center for conducting the health check, rehabilitation and treatment. The Ministry of Agriculture and Forestry is responsible for determining the regulation on the establishment of aquatic animal health rehabilitation center. Article 33 (New) Aquatic Animal Development Aquatic animal development refers to the reproduction of all aquatic species naturally to allow the increase of the population through the application of technical and scientific measures including the restoration of degraded habitats, feeding zones and breeding zones to enable such aquatic species to have normal life. In addition, it is required to mobilize the public to widely participate in the development of aquatic animals. Individuals, legal entities or organizations wishing to develop the aquatic species shall perform in compliance with the policy, methods, regulations and technical standards set out by the Agriculture and Forestry sector. Section 4 Utilization of Aquatic Animals Article 34 (Revised) Types of Aquatic Animal Utilization Aquatic animal utilization consists of four types as follows: Unofficial Translation by WCS, reviewed and approved by DLF 13 1. Utilization for public benefits; 2. Utilization for family benefits; 3. Customary utilization; 4. Utilization for business purposes. Aquatic animal utilization of all types shall ensure sustainability, balance of ecosystem and no negative impact on environment. Article 35 (Revised) Utilization for Public Benefits Utilization for public benefits refers to taking aquatic animals including the carcasses, parts and products thereof to serve the collective interest, such as: scientific research, tourism, sports, circus shows, and such uses must be in compliance with the laws. The utilization of aquatic animals in List I for public benefits requires to apply for permission from the Ministry of Agriculture and Forestry based on the proposal of the Provincial Agriculture and Forestry Office. The utilization of aquatic animals in List II for public benefits requires to apply for permission from the Provincial Agriculture and Forestry Office based on the proposal of the District Agriculture and Forestry Office. The utilization of aquatic animals in List III for public benefits is allowed without the application for permission. Article 36 (Revised) Utilization for Family Benefits Utilization for family benefits refers to taking aquatic animals in List III including the carcasses, parts and products thereof for using for consumption, medicines, decoration, etc. according to the permitted season and locations by using non-destructive methods and tools. The utilization of aquatic animals in List II for family benefits requires to apply for permission in accordance with the regulations. Article 37 (Revised) Customary Utilization Customary utilization refers to taking aquatic animals in List II and List III including the carcasses, parts and products thereof for using in necessary cultural practice or belief which has been existed since a long time, such as: release of fishes, release of eels, release of frogs. Article 38 (Revised) Utilization for Business Purposes Utilization for business purposes refers to taking aquatic animals including the carcasses, parts and products thereof for conducting business operations, such as: aquatic animal museums, aquatic zoos, aquatic farms, import, export, re-export, transit and production of documentary film on aquatic animals. Unofficial Translation by WCS, reviewed and approved by DLF 14 The utilization for business purposes must be carried out in compliance with the laws, conventions to which Lao PDR is a party and with the relevant international agreements. Chapter III Fisheries Section 1 Fisheries Models Article 39 Fisheries Models Fisheries consist of two models as follows: 1. Family fisheries; 2. Commercial fisheries. Article 40 Family Fisheries Family fisheries are the aquaculture, catching and processing of aquatic animals for the purpose of family daily consumption and not for the purpose of distribution to generate main income. Article 41 Commercial Fisheries Commercial fisheries are the aquaculture, catching and processing of aquatic animals for the purpose of districbution to generate main income. Section 2 Aquaculture Article 42 (New) Aquaculture Aquaculture refers to taking aquatic animals for raising in a place, water body that needs to be performed in compliance with the technical standards through the use of aquatic breeds, feed and good health care, avoiding the negative impacts on aquatic animals and environment in order to allow the aquatic animals to become healthy, grow and give high production. Aquatic animals in List I acquired from nature or other places which are not yet bred shall be absolutely not permitted for raising, except in necessary cases, such as research and breeding for non-commercial purposes. Aquatic animals in List II are permitted for raising for research and breeding purposes. In case such aquatic species are already bred, they are permitted for family and commercial aquaculture from the breeds of the first generation and subsequent generation in accordance with the laws. Unofficial Translation by WCS, reviewed and approved by DLF 15 Aquatic animals in List III are permitted for family and commercial aquaculture in accordance with the laws. The Ministry of Agriculture and Forestry is responsible for setting the technical standards related to aquaculture. Article 43 (New) Aquaculture Survey Aquaculture survey refers to the collection of data on aquaculture locations, areas, aquatic species, forms, methods, production and other relevant information. The Agriculture and Forestry sector shall take the lead in conducting the aquaculture survey by coordinating with the relevant sectors and local administrations in order to provide information for aquaculture development planning for each region in each period. Individuals, legal entities or organizations wishing to conduct the aquaculture survey shall apply for permission from the Agriculture and Forestry sector and comply with the relevant laws. After completing the survey, the results of the survey must be reported to the Agriculture and Forestry sector within fifteen days. Article 44 (New) Determination of Aquaculture Zone Aquaculture zone is the location or water body to be the aquaculture site which is determined based on the actual data obtained from the survey. T he Agriculture and Forestry sector shall take the lead in coordinating with the relevant sectors and local administrations to determine the aquaculture zone in each period and to provide notification on aquaculture area to those intending to engage in aquaculture operations. Article 45 (New) Aquatic Breeds Aquatic breeds refer to the parent breeders, sperm, fertilized eggs and larva of the aquatic animals which have outstanding genetic characteristics and are certified of the place of origin or registered in accordance with the regulation for using in the reproduction of aquatic species. The Agriculture and Forestry sector shall take the lead in managing and developing the aquatic breeds, such as registration of aquatic breeds, study of the history of aquatic breeds in order to use such aquatic breeds in aquaculture in a highly productive and sustainable manner. Article 46 (New) Registration of Aquatic Breeds Registration of aquatic breeds is the process of certification and endorsement of aquatic breeds in order to protect the rights and interests of the consumers. The aquatic breeds which are acquired from research and experiment, import for distribution and using in aquaculture must be registered with the Ministry of Agriculture and Forestry. Unofficial Translation by WCS, reviewed and approved by DLF 16 The procedures and methods of aquatic breed registration are determined in a separate regulation. Article 47 (New) Aquatic Breeds Exempted from Registration The aquatic breeds which are exempted from registration are as follows: 1. Aquatic breeds which are re-exported, transited or imported for production for export in accordance with the investment agreement between domestic and foreign investors; 2. Aquatic breeds which are imported for research, experiment, demonstration, test, exhibition, use as grant, gift, exchange or for other activities of the State. Before importing the aquatic breeds which are exempted from registration, it is required to apply for permission from the Ministry of Agriculture and Forestry. Article 48 (New) Aquatic Amimal Feed Aquatic animal feed refer to the things that aquatic animals can eat. It may be the thing that is processed into finished product, semi-finished product or non-processed product that may be used for feeding the aquatic animals in order to receive the production as needed. Individuals, legal entities or organizations, both domestic and foreign, wishing to engage in the production, import, export and distribution of aquatic animal feed must comply with the relevant laws. Article 49 (New) Aquaculture Equipment Aquaculture equipment refer to the equipment that are used in raising and breeding aquatic animals, such as: feed mixer, feeding equipment, induced spawing tools, egg hatching equipment, nursery equipment, cage, water tester, water spinning equipment, water filter, air pump and veterinary products. Individuals, legal entities or organizations, both domestic and foreign, wishing to engage in production, import and distribution of the aquaculture equipment must apply for permission from the Agriculture and Forestry sector and comply with the laws. Section 3 Aquatic Animal Catching Article 50 (New) Aquatic Animal Catching Aquatic animal catching is the capture or the trapping of aquatic fauna by using various methods and gears. Aquatic animal catching shall be conducted, as the case may be, as follows: 1. Aquatic animals in List I are absolutely not permitted for catching, except in necessary cases for research and breeding for non-commercial purpose that require to seek the permission from the Ministry of Agriculture and Forestry; Unofficial Translation by WCS, reviewed and approved by DLF 17 2. Aquatic animals in List II are permitted for catching in accordance with the instruction of the Agriculture and Forestry sector which is issued from time to time; 3. Aquatic animals in List III are permitted for catching, except during the spawning season. Article 51 (New) Aquatic Animal Catching Survey Aaquatic animal catching survey refers to the collection of data on the water body areas, aquatic species, catching methods, equipment, habitats and other relevant information. The Agriculture and Forestry sector shall take the lead in conducting the survey on aquatic animal catching by coordinating with relevant sectors and local administrations in order to create the database and provide information for the aquatic animal catching management plan for each region in each period. Individuals, legal entities or organizations wishing to conduct the survey on aquatic animal catching shall apply for permission from the Agriculture and Forestry sector and comply with the relevant laws. After completing the survey, the results of the survey must be reported to the Agriculture and Forestry sector within fifteen days. Article 52 (New) Designation of Zone Not Permitted for Aquatic Animal Catching The Agriculture and Forestry sector shall take the lead in coordinating with relevant sectors and local administrations to identify the zone which is not permitted for aquatic animal catching, such as: fish conservation zone, fish shoaling area, aquatic spawning ground, fish larva growing zone. Article 53 (New) Aquatic Animal Catching Gears Aquatic animals catching gears are the equipment used for catching, trapping the aquatic animals, such as: hooks, cast-net, gill net, lift net (Kadoong), upright basket trap (toom), lahn trap, cylinder trap (lorp), plung basket (soum), seine, aquatic animal detector and aquatic animal suction equipment. Individuals, legal entities or organizations wishing to engage in the production, import and distribution of the seines, aquatic animal detectors and aquatic animal suction equipment shall apply for permission from the Agriculture and Forestry sector. The use of aquatic animal catching gears must ensure sustainable reproduction of the aquatic animals and prohibition of using destructive catching methods and gears. The Ministry of Agriculture and Forestry is responsible for determining the regulation on aquatic animal catching gears. Article 54 (New) Fishing Boats Fishing boats are all types of motorized water vehicles which are used in the catching, loading, harvest, transport or storage of aquatic animals of the fishermen. The Unofficial Translation by WCS, reviewed and approved by DLF 18 fishing boats must be of good quality, equipped with security equipment and in compliance with the technical standards. The fishing boats must be registered with the Public Works and Transport sector and authorized by the Agriculture and Forestry sector. Article 55 (New) Fishermen Fishermen refer to the peoples who have the occupation of aquatic animal catching and earn income mainly from aquatic animal catching and are listed as fishermen. The District Agriculture and Forestry Office is responsible for the listing of fishermen under its responsibility. The Ministry of Agriculture and Forestry is responsible for determining the procedure and conditions for the listing of fishermen. Section 4 Aquatic Animal Processing Article 56 (New) Aquatic Animal Processing Aquatic animal processing is the process of transforming the aquatic animals through the various methodologies by applying machines or human labour to transform aquatic animals into aquatic animal products. The aquatic animal processing must be undertaken in accordancie with the standards of aquatic animal processing and in compliance with the relevant laws. The Ministry of Agriculture and Forestry is responsible for determining the aquatic animal processing standards. Article 57 (New) Sanitary Standards Sanitary standards refer to the measures which are applied in the aquatic animal processing to allow the aquatic animal products to become clean, safe, free from contamination with disease and hazardous chemicals. The Ministry of Agriculture and Forestry is responsible for determining the sanitary standards in consistence with the sanitary standards set out by the international organization. Article 58 (New) Packing, Labelling and Packaging of Aquatic Animal Products The aquatic animal products must be packed in the packages which are of good quality and safe, can prevent them from fast degradation and contamination and are used specifically for each kind of product. The aquatic animal products must have the label specifying detailed information on the aquatic animal products accurately and clearly. Unofficial Translation by WCS, reviewed and approved by DLF 19 The packaging of aquatic animal products must be carried out in accordance with the sanitary standards and use the material which is suitable to the properties of each kind of aquatic animal product that ensure quality and safety. Article 59 (New) Storage and Transport of Aquatic Animal Products The storage and transport of aquatic animal products must be carried out in accordance with the conditions of each kind of aquatic animal products and with the good practices of storage and transport in order to ensure the safety of the aquatic animal products. The Ministry of Agriculture and Forestry is responsible for determining the standards for the storage and transport of aquatic animal products. Section 5 Surveillance, Prevention and Control of Aquatic Animal Diseases Article 60 (New) Surveillance of Aquatic Animal Diseases Surveillance of aquatic animal diseases refers to the systematic monitoring, collection and analysis of data and information related to aquatic animal health and diseases including the report and notification of data and information to relevant parties for carrying out the prevention and control of the diseases in a timely manner. The Agriculture and Forestry sector shall coordinate with relevant sectors, local administrations and other parties, both domestic and overseas, to conduct the surveillance of aquatic animal diseases effectively. The Ministry of Agriculture and Forestry is responsible for formulating the surveillance plan and the manual on the surveillance of notifiable aquatic animal diseases of each type. Article 61 (New) Prevention of Aquatic Animal Diseases Prevention of aquatic animal diseases refers to the formulation of plan and technical measures prior to the occurrence of diseases in order to prevent and mitigate the risk factors that will lead to the occurrence of aquatic animal diseases, such as the cleaning and disinfection of ponds, tanks, containers, equipment, aquaculture operators. Individuals, legal entities or organizations which engage in aquaculture must carry out disease prevention regularly in accordance with the instructions of the Agriculture and Forestry sector. Article 62 (New) Notifiable Aquatic Animal Diseases Notifiable aquatic animal diseases are severe aquatic animal diseases that can be transmitted from aquatic animals to aquatic animals, from aquatic animals to terrestrial animals or from aquatic animals to humans with rapid spreading, causing negative impacts on the life and health of animals and humans and on the economy and society. Unofficial Translation by WCS, reviewed and approved by DLF 20 The Ministry of Agriculture and Forestry shall define the list of notifiable aquatic animal diseases based on the Notifiable Aquatic Animal Diseases of the World Organization for Animal Health and then notify the public in each period. Article 63 (New) Aquatic Animal Diseases Report Individuals, legal entities or organizations which have found or suspected that aquatic animals are infected with notifiable disease or are dead in large number in a short interval of time must report the incident to the Agriculture and Forestry sector within twenty-four hours. In case of receiving the confirmation of the finding of notifiable aquatic animal disease, the Ministry of Agriculture and Forestry must issue notification in writing to the public and report to relevant international organizations. In case of zoonotic disease, it is required to notify the Public Health sector within twenty-four hours. In case of finding or receiving the confirmation that the death of aquatic animals in large number is not caused by notifiable disease, the Agriculture and Forestry sector must notify the relevant sectors, local administrations and other parties to resolve the incident. Article 64 (New) Declaration and Cancellation of Notifiable Aquatic Animal Disease Outbreak Zone The local administrative authority or the Government is responsible for making the declaration and cancellation of the notifiable aquatic animal disease outbreak zone based on the proposal of the Agriculture and Forestry sector of each level as per following cases: 1. If the disease outbreak occurs within the area of one district, municipality, city, the concerned Chief of District, Municipality Mayor, City Mayor shall be responsible for making the declaration and cancellation; 2. If the disease outbreak occurs in more than one district, municipality, city, but lying within the area of a province or capital city, the concerned Provincial Governor, Capital City Mayor shall be responsible for making the declaration and cancellation; 3. If the disease outbreak occurs in more than one province, the Prime Minister shall be responsible for making the declaration and cancellation. In the declaration of the notifiable aquatic animal disease outbreak zone, the Agriculture and Forestry sector shall clearly define the controlled zone and the surveillance zone and to appoint and define the functions and responsibilities of the task force in order to control the outbreak, set out measures and warning notice to ban the movement of aquatic animals, carcasses, parts and products of aquatic animals into, out of or in transit of these zones without obtaining the authorization from the task force. The notifiable wildlife disease outbreak zone will be cancelled only when the Agriculture and Forestry sector has fully applied the outbreak control measures and is confident that such outbreak is ceased and has then proposed to the local administration authority or the Government to consider and declare the cancellation of the notifiable wildlife disease outbreak zone. Unofficial Translation by WCS, reviewed and approved by DLF 21 Article 65 (New) Control of Aquatic Animal Diseases Control of aquatic animal diseases refers to the restriction of diseases which are occurring in order to prevent them from spreading to wider areas and causing significant impacts on animal and human life, health and to the assets of the State, collective and people. In case of occurrence of notifiable aquatic animal disease outbreak, the Agriculture and Forestry sector must coordinate with relevant sectors, local administrations and other parties to use measures to respond to such outbreak as follows: 1. Destroy the aquatic animals which are confirmed to be infected with aquatic animal disease; 2. Confine or destroy the aquatic animal carcasses and products, wastes or equipment with risk to cause the spreading of disease to other areas; 3. Carry out the cleaning and disinfection of the disease agents in the water, submerged land and contaminated equipment; 4. Issue the warning notice and control the movement of the vectors, such as: humans, aquatic animals and vehicles transporting aquatic animal products into or out of the outbreak zone; 5. Suspend the breeding of aquatic animal species in the area where current outbreak occurs; 6. Give drugs or chemicals to prevent aquatic animal disease in neighboring areas; 7. Carry out the disease surveillance and apply certain sanitary measures based on the risk analysis in the outbreak zone to ensure the outbreak of disease is calming down; 8. Conduct the advertisement and education campaign to allow all parties concerned to be aware and participate in the prevention and control of the disease. If the drugs or chemicals are used to control the notifiable aquatic animal diseases, it is required to comply with the instructions of the Agriculture and Forestry sector. Chapter IV Research, Analysis and Information System Related to Aquatic Animals and Fisheries Article 66 (New) Research on Aquatic Animals and Fisheries Research on aquatic animals and fisheries refers to the scientific study, research and experiment on the breeding, reproduction, genetics, growth, ecosystem, value, aquaculture, catching, processing, prevention and control of aquatic animal diseases including the search for appropriate models and technical standards for applying in aquatic and fishery activities. Individuals, legal entities or organizations may conduct the study, research and experiment on aquatic animals and fisheries and invest in the establishment of the research and experiment institute or center in accordance with the permission from the relevant sector Unofficial Translation by WCS, reviewed and approved by DLF 22 and in compliance with the laws, conventions to which Lao PDR is a party and with the relevant international agreements. Taking the specimen of aquatic animal including the carcass, part and product of aquatic animal for research purpose abroad requires to apply for permission from the Ministry of Agriculture and Forestry. After completing the research, the results of the research shall be submitted to the Ministry of Agriculture and Forestry within fifteen days. Article 67 (New) Analysis on Aquatic Animals and Fisheries Analysis on aquatic animals and fisheries refers to the application of scientific methods of the laboratory to test and certify the quality, safety of the fishery commodities including the analysis of water, submerged land and aquatic animal diseases. The Ministry of Agriculture and Forestry shall take the lead in developing the infrastructure, materials, techniques including the personnel and facilities for the analysis to achieve the international standard and shall identify the laboratory or recognize the laboratory in foreign country to be the laboratory of reference. Individuals, legal entities or organizations wishing to conduct the analysis or establish the laboratory related to aquatic animals and fisheries shall apply for permission from the Ministry of Agriculture and Forestry. Article 68 (New) Aquatic Animal Feed Analysis Aquatic animal feed analysis refers to the application of scientific methods of the laboratory to test and certify the quality, safety of the aquatic animal feed with regard to the proteins, fiber, fats, minerals, vitamins, ash, energy, moisture, rate of digestion or absorption, etc. including the search for residual chemical, contamination and dangerous pathogens in the aquatic animal feed or in the raw material of the aquatic animal feed. The Ministry of Agriculture and Forestry shall take the lead in developing the infrastructure, materials, techniques including the personnel and facilities for the aquatic animal feed analysis in order to ensure that the aquatic animal feed has achieved required standard, quality and safety levels. Individuals, legal entities or organizations wishing to conduct the aquatic animal feed analysis shall apply for permission from the Ministry of Agriculture and Forestry. Article 69 (New) Information System Related to Aquatic Animals and Fisheries Information system related to aquatic animals and fisheries is the place of collection, compilation, storage, examination, analysis and provision of data and information in paper and electronic forms. The Ministry of Agriculture and Forestry shall establish, update and use the data and information on aquatic animals and fisheries as well as provide and exchange such data and information by coordinating with relevant ministries, agencies and local administrations. Unofficial Translation by WCS, reviewed and approved by DLF 23 The Provincial Agriculture and Forestry Office, District Agriculture and Forestry Office shall improve the Information system related to aquatic animals and fisheries to allow connection with the information system of the Ministry of Agriculture and Forestry and to provide and exchange such data and information in accordance with their responsibilities. Individuals, legal entities and organizations, both domestic and foreign, can access and use the data in the information system related to aquatic animals and fisheries for the performance of their activities in accordance with the permission of the Agriculture and Forestry sector and in compliance with relevant laws and regulations. Chapter V Aquatic and Fishery-Related Businesses Article 70 (New) Business Operations Related to Aquatic Animals and Fisheries Individuals, legal entities or organizations wishing to conduct the business operations related to aquatic animals and fisheries shall make the declaration for enterprise registration with the Industry and Commerce sector as prescribed in the Law on Enterprise. After receiving the Enterprise Registration Certificate, they shall apply for Business Operating License with the Agriculture and Forestry sector. Article 71 (New) Types of Business Related to Aquatic Animals and Fisheries The types of business related to aquatic animals and fisheries are as follows: 1. Aquatic animal farm, aquatic plant farm; 2. Aquatic animal catching; 3. Aquaculture in the catchment area or reservoir; 4. Production and distribution of fishery equipment; 5. Production and distribution of aquatic animal feed; 6. Aquatic animal processing factory and cold storage for storing aquatic animals and aquatic animal products; 7. Trade in aquatic animals and fishery commodities; 8. Import, export of aquatic animals and fishery commodities; 9. Aquatic zoos; 10. Aquatic animal and fishery consultancy; 11. Fisheries vocational school or fisheries training center; 12. Other businesses related to aquatic animals and fisheries. The division of levels of management of business operation permit related to aquatic animals and fisheries is determined in a separate regulation. Article 72 (Revised) Conditions for Business Operations Related to Aquatic Animals and Fisheries The conditions required for business operations related to aquatic animals and fisheries are as follows: Unofficial Translation by WCS, reviewed and approved by DLF 24 1. Have the Enterprise Registration Certificate; 2. Have suitable area, capital, construction facilities, equipment, tools and vehicles; 3. Have the economic-technical feasibility study report and/or the business operation plan; 4. Have the technical staff with knowledge in aquatic animals or fisheries of middle level or higher and have the certificate of past work experiences in aquatic animal and fishery-related businesses; 5. Have fulfilled other conditions as per each type of business. Article 73 (New) Documents Required for Applying for Business Operating License The documents required for applying for business operating license are as follows: 1. Application for business operating license in the form determined by the Ministry of Agriculture and Forestry; 2. Copy of the Enterprise Registration Certificate; 3. Economic-technical feasibility study report and/or business operation plan; 4. Other documents as per each type of business. Article 74 (New) Consideration of the Application for Business Operating License The Agriculture and Forestry sector shall consider to issue the Business Operating License related to aquatic animals and fisheries within a time period of thirty days, from the date of receipt of the application and support documents in complete and duly form. In case the Business Operating License cannot be issued, the applicant must be notified of the reason in writing within this time period. The Ministry of Agriculture and Forestry is responsible for defining the procedures, conditions and support documents required for the approval of business operation license related to aquatic animals and fisheries. Article 75 (New) Business Operating License The Business Operating License related to aquatic animals and fisheries has a validity duration of two years and may be extended. The Business Operating License cannot be transferred or assigned to another individual for use. Article 76 (Revised) Rights and Obligations of the Business Operators The aquatic animal and fishery-related business operators have the rights and obligations as follows: 1. Conduct their business in conformance with the permits, technical standards and laws; 2. Receive the data and information related to aquatic animal and fishery activities; 3. Appeal to the relevant authority regarding the violation of laws committed by the aquatic animal and fishery officers and the concerned officials/civil servants; Unofficial Translation by WCS, reviewed and approved by DLF 25 4. Contribute the fund or labor to the development of aquatic animal and fishery activities; 5. Give cooperation, provide information and facilities to the aquatic animal and fishery management organizations; 6. Pay the fees, service charges and other obligations in accordance with the laws; 7. Exercise other rights and perform other obligations as provided in the laws. Article 77 (Revised) Suspension of Business Operations The business operations related to aquatic animals and fisheries shall be suspended in the following cases: 1. Request made by the aquatic animal and fishery-related business operator; 2. Conducting business operations in inconsistence with the approved objectives and goals; 3. Conducting business operations in non-compliance with the relevant laws. In case the business operator fails to remedy and make improvement in accordance with the warning notice, the Agriculture and Forestry sector shall issue an Order to suspend the business operations. Article 78 (Revised) Withdrawal of Business Operating License The Business Operating Licence related to aquatic animals and fisheries shall be withdrawn in case the business operator fails to comply with the Suspension Order. After withdrawing the Business Operating Licence, the Agriculture and Forestry sector must notify the Industry and Commerce sector and other relevant sectors within five official days from the date of withdrawal of the Business Operating Licence. Chapter VI Group, Cooperative and Association Relating to Aquatic Animals and Fisheries Article 79 (New) Formation of Group and Cooperative Relating to Aquatic Animals and Fisheries The State promotes the formation of group and cooperative relating to aquatic animals and fisheries in order to improve the living conditions of the Lao multi-ethnic people and promote and develop the production, services and business operations to grow, become strong, secured and more competitive. The procedures of formation, the rights and duties of the group and cooperative are determined in a separate regulation. Article 80 (New) Establishment of Association Relating to Aquatic Animals and Fisheries The State promotes the establishment of association relating to aquatic animals and fisheries in order to strengthen the organization and business operations relating to aquatic Unofficial Translation by WCS, reviewed and approved by DLF 26 animals and fisheries efficiently and effectively based on the respect and strict observance of the laws, protection of legitimate rights and interests of the members. The procedures of establishment, the rights and duties of the association are determined in a separate regulation. Chapter VII Prohibitions Article 81 (Revised) General Prohibitions Individuals, legal entities and organizations are prohibited to perform any of the following acts: 1. Using poisons, explosives, weapons, electrical devices, frequencies, bright lights, noise-making devices to catch or capture aquatic animals in a destructive manner; 2. Using fishing gears which potentially lead to aquatic animal extinction, such as: seine, fence filter trap (lee), small-size mesh fishing net, box funnel net (tong), large cylinder trap (lob) and others; 3. Catching aquatic animals from natural water bodies by blocking a stream, creek, marsh, channel or by digging or draining a permanent natural pond; 4. Receiving, trading, having in possession or transporting the aquatic animals in List I without obtaining the authorization; 5. Creating the obtruction to the passage of the aquatic animals without obtaining the authorization; 6. Raising and/or releasing alien aquatic species with potential risk of destroying native aquatic species and ecosystem; 7. Growing aquatic plants that will harm the ecosystem or the aquaculture site without obtaining the authorization; 8. Encroaching the fish conservation zones or aquatic species conservation zones, fish shoaling areas, aquatic animal spawning grounds and larva growth area; 9. Catching aquatic animals during spawning season; 10. Consuming, trading in aquatic animals which are dead from unknown cause or are infected or contaminated with chemical residues; 11. Performing other acts that violate the laws. Article 82 (New) Prohibitions for Business Operators The aquatic animal and fishery-related business operators are prohibited to perform any of the following acts: 1. Conducting business operations in non-compliance with the laws and permits; 2. Transferring or handing over the Business Operating License to another person for use; Unofficial Translation by WCS, reviewed and approved by DLF 27 3. Engaging in the trade, catching, import, export, transit or movement of aquatic animals, carcasses, parts and products of aquatic animals and fishery commodities without obtaining the authorization; 4. Forging the documents or using forged documents; 5. Using threat, violence and inappropriate verbal words toward relevant officials/civil servants and officers; 6. Refusing to take the responsibilty, avoiding, distorting or concealing the exhibits; 7. Offering bribe to relevant officials/civil servants and officers; 8. Performing other acts that violate the laws. Article 83 (Revised) Prohibitions for Officials/Civil Servants and Officers in Charge of Aquatic Animals and Fisheries The officials/civil servants and officers in charge of aquatic animals and fisheries are prohibited to perform any of the following acts: 1. Abusing their rights, functions, position and using coercion, threat for seeking personal benefits and for the benefits of their family, relatives and friends; 2. Disclosing the state or official secrets; 3. Demanding, requesting, accepting the bribes; 4. Performing their duties carelessly, negligently and irresponsibly; 5. Delaying, withholding, forging the documents; issuing the documents or destoying the document in an unlawful manner; 6. Demanding the payment of fees, service charges and using the technical revenue illegally; 7. Performing other acts that violate the laws. Chapter VIII Management and Inspection of Aquatic Animal and Fishery Activities Section 1 Management of Aquatic Animal and Fishery Activities Article 84 (Revised) Aquatic Animal and Fishery Management Organization The Government is charged with the management of aquatic animal and fishery activities in a centralized and uniform manner throughout the country by assigning the Ministry of Agriculture and Forestry to be directly responsible and take the lead in coordinating with other relevant ministries, agencies and local administrations. The aquatic animal and fishery management organizations comprise: 1. Ministry of Agriculture and Forestry; Unofficial Translation by WCS, reviewed and approved by DLF 28 2. Provincial/Capital City Agriculture and Forestry Office; 3. District/Municipality/City Agriculture and Forestry Office. In necessary case, a Committee for Aquatic Animal and Fishery Management of a water body area may be established according to the approval of the Agriculture and Forestry sector. The organization and activities of such committee are determined in a separate regulation. Article 85 (Revised) Rights and Duties of the Ministry of Agriculture and Forestry In the management of aquatic animal and fishery activities, the Ministry of Agriculture and Forestry has the rights and duties as follows: 1. Conduct studies and formulate policies, strategies and laws relating to aquatic animal and fishery activities for submitting to the Government for consideration; 2. Elaborate the policies, strategies and laws into regulations, plans, programs, projects related to aquatic animal and fishery activities and ensure their implementation; 3. Conduct the dissemination and education on the policies, strategies, laws, plans, programs, projects related to aquatic animal and fishery activities to the society and people widely and inclusively; 4. Manage, approve the aquatic animal lists of all categories in Lao PDR; 5. Issue, suspend or withdraw the Business Operating License related to aquatic animals and fisheries; 6. Issue the aquatic animal breed, health and sanitary certificates; 7. Set out the technical standards related to aquatic animals and fisheries, such as: aquaculture, catching and processing; 8. Lead, manage, monitor the implementation of aquatic animal and fishery activities; 9. Establish, manage and use the information system related to aquatic animals and fisheries; 10. Authorize the import, export, re-export and transit of aquatic animals and fishery commodities; 11. Develop, train and upgrade the personnel for aquatic animal and fishery activities; 12. Receive, consider and address the requests of individuals, legal entities or organizations in relation to aquatic animal and fishery activities; 13. Coordinate with other relevant ministries, agencies and local administrations to implement the aquatic animal and fishery activities; 14. Ensure the relation and cooperation with foreign countries, regional and international bodies on matters related to aquatic animals and fisheries; 15. Summarize and report the implementation of aquatic animal and fishery activities to the Government on a regular basis; 16. Exercise other rights and perform other duties as provided in the laws. Unofficial Translation by WCS, reviewed and approved by DLF 29 Article 86 (Revised) Rights and Duties of the Provincial/Capital City Agriculture and Forestry Office In the management of aquatic animal and fishery activities, the Provincial/Capital City Agriculture and Forestry Office has the rights and duties according to the scope of its responsibilities as follows: 1. Implement the policies, stategies, laws, regulations, plans, programs, projects related to aquatic animal and fishery activities; 2. Conduct the dissemination and education on the policies, strategies, laws, regulations, plans, programs, projects related to aquatic animal and fishery activities to the society and people; 3. Issue, suspend or withdraw the Business Operating License related to aquatic animals and fisheries; 4. Authorize the movement of aquatic animals in List I and List II including the aquatic animal carcasses, parts and products between province and province; 5. Issue the aquatic animal health or sanitary certificate; 6. Lead, manage, monitor the implementation of aquatic animal and fishery activities; 7. Manage and use the information system relating to aquatic animals and fisheries; 8. Propose to develop, train and upgrade the personnel who are in charge of aquatic animal and fishery activities; 9. Receive, consider and address the requests of individuals, legal entities or organizations in relation to aquatic animal and fishery activities; 10. Make the proposal to authorize the import, export, re-export and transit of aquatic animals and fishery commodities; 11. Coordinate with the Planning Office and the relevant District Administration to implement the aquatic animal and fishery activities; 12. Ensure the relation and cooperation with foreign countries on matters related to aquatic animals and fisheries as assigned by the higher authority; 13. Regularly summarize and report the implementation of aquatic animal and fishery activities to the Ministry of Agriculture and Forestry and the Provincial, Capital City Administrations; 14. Exercise other rights and perform other duties as provided in the laws. Article 87 (Revised) Rights and Duties of the District/Municipality/City Agriculture and Forestry Office In the management of aquatic animal and fishery activities, the District/ Municipality/City Agriculture and Forestry Office has the rights and duties according to the scope of their responsibilities as follows: 1. Implement the policies, stategies, laws, regulations, plans, programs, projects related to aquatic animal and fishery activities; Unofficial Translation by WCS, reviewed and approved by DLF 30 2. Conduct the dissemination and education on the policies, strategies, laws, regulations, plans, programs, projects related to aquatic animal and fishery activities to the society and people; 3. Issue, suspend or withdraw the Business Operating License related to aquatic animals and fisheries; 4. Authorize the movement of aquatic animals in List I and List II including the aquatic animal carcasses, parts and products between district and district; 5. Issue the aquatic animal health or sanitary certificate; 6. Make the inventory of fishermen; 7. Propose to the Chief of District, Municipality Mayor, City Mayor to consider the establishment of fish conservation zone or aquatic species preservation zone by coordinating with the relevant village authorites; and lead, monitor the management and use of such zones; 8. Manage and use the information system related to aquatic animals and fisheries; 9. Propose to develop, train and upgrade the personnel who are in charge of aquatic animal and fishery activities; 10. Receive, consider and address the requests of individuals, legal entities or organizations in relation to aquatic animal and fishery activities; 11. Coordinate with relevant District Offices and village administrations to implement the aquatic animal and fishery activities; 12. Regularly summarize and report the implementation of aquatic animal and fishery activities to the Provincial, Vientiane Capital Agriculture and Forestry Office and the District, Municipality, City Administrations; 13. Exercise other rights and perform other duties as provided in the laws. Article 88 (Revised) Rights and Duties of other Relevant Sectors, Local Administrations and Parties Other relevant sectors, local administrations and parties have the rights and duties to coordinate and cooperate with the Aquatic Animal and Fishery Management Organizations with regard to the management, protection, development and use of the aquatic animals and fisheries accordingly to their respective mandates and responsibilities. Article 89 (Revised) Aquatic Animal and Fishery Officers Aquatic animal and fishery officers are the officials-civil servants who are appointed by the Aquatic Animal and Fishery Management Organization of each level to be posted at the acheckpoint or to perform specific duties. The aquatic animal and fishery officers have the following rights and duties: 1. Inspect the implementation of the laws and regulations related to the aquatic animal and fishery activities; 2. Inspect the sites, document validity, aquatic animals and fishery commodities; Unofficial Translation by WCS, reviewed and approved by DLF 31 3. Inspect the kinds and tools that are used in aquatic animal catching and conduct the patrol; 4. Collect the samples from aquatic animals, fishery commodities for sending for analysis; 5. Report the case of finding notifiable aquatic animal diseases to the Aquatic Animal and Fishery Management Organizations; 6. Summarize the data and evidence for sending to the relevant authority for conducting the investigation; 7. Coordinate with other officers and relevant local administration in the performance of their duties; 8. Exercise other rights and perform other duties as provided in the laws and in accordance with assignment. Section 2 Inspection of Aquatic Animal and Fishery Activities Article 90 (Revised) Aquatic Animal and Fishery Inspection Organizations The aquatic animal and fishery inspection organizations comprise: 1. Internal inspection organizations which are the same as the aquatic animal and fishery management organizations as specified in Article 84 of this Law; 2. External inspection organizations which are the National Assembly, Provincial People’s Assembly, State Inspection Authority of each level, State Audit Organization, Lao Front for National Development, Lao National Federation of Veterans, mass organizations and mass media. Article 91 (New) Contents of Inspection The inspection of aquatic animal and fishery activities has the following contents: 1. Implementation of the laws and regulations related to the aquatic animal and fishery activities; 2. Performance of duties of the organizations, officials/civil servants and officers in charge of aquatic animals and fisheries; 3. Implementation of activities and business operations related to aquatic animals and fisheries; 4. Preparation and implementation of plans related to aquatic animal and fishery activities; 5. Other contents as deemed necessary. Article 92 (Revised) Forms of Inspection Inspection consists of three forms as follows: 1. Regular inspection which is an inspection conducted according to a regular plan with specified time period; Unofficial Translation by WCS, reviewed and approved by DLF 32 2. Inspection with prior notice which is an inspection outside the plan and conducted when deemed necessary by giving the notice in advance to the inspection target; 3. Emergency inspection which is an inspection carried out urgently without giving the notice in advance to the inspection target. The inspection of aquatic animal and fishery activities shall be carried out in strict compliance with the laws. Chapter IX Budget, Uniform, Logo, Officer’s Identity Card, Seal and National Fish and Aquatic Animal Release Day Article 93 (Revised) Budget The sources of budget used in aquatic animal and fishery activities are as follows: 1. State budget; 2. Forest Protection Fund; 3. Grants and contribution from individuals, legal entities and organizations, both domestic and overseas; 4. Other lawful revenues. The management and use of budget shall be performed in compliance with the Law on State Budget and relevant regulations. Article 94 (Revised) Uniform, Logo, Officer’s Identity Card and Seal The aquatic animal and fishery officers shall have the uniform, logo, specific card and seal for using in the performance of aquatic animal and fishery activities. The uniform, logo, specific card and seal are determined by the Ministry of Agriculture and Forestry. Article 95 (Revised) National Fish and Aquatic Animal Release Day The Government designates the 13th of July of every year as the National Fish and Aquatic Animal Release Day with the aim of ensuring the management, protection and development of aquatic animals to become abundant and sustainable. Chapter X Rewards for Persons with Good Performance and Measures Against Offenders Article 96 (Revised) Rewards for Persons with Good Performance Individuals, legal entities or organizations having outstanding performance in the implementation of this Law, such as becoming the role model in the management, protection, development of aquatic animals, protection of aquatic habitats, aquatic species Unofficial Translation by WCS, reviewed and approved by DLF 33 conservation zones, fish conservation zones shall receive the awards and other benefits in accordance with the regulations. Article 97 (Revised) Measures Against Offenders Individuals, legal entities or organizations having violated this law shall be subject to re-education, disciplinary actions, fines, payment of compensation for civil damage that they have caused or criminal sanctions in accordance with the laws. Chapter XI Final Provisions Article 98 Implementation The Government of the Lao People’s Democratic Republic shall be responsible for implementing the present Law. Article 99 (Revised) Effectiveness This Law shall enter into force from the 2nd of October 2023 onwards after the President of the Lao People’s Democratic Republic issues a promulgation decree and publication in the Official Gazette. This Law supersedes the Law on Fisheries No. 03/NA, dated 9 July 2009. President of the National Assembly (Signature & Seal) Dr. Xaysomphone PHOMVIHANE