Plant Protection (Control of Water Hyacinth) Rules, 2001 (G.N. No. 423 of 2001)

Tanzania Plant Protection Act Control of Water Hyacinth (No. 13 of 1997) Page 1 of 5 THE UNITED REPUBLIC OF TANZANIA THE PLANT PROTECTION ACT (No. 13 of 1997) THE PLANT PROTECTION (CONTROL OF WATER HYACINTH) RULES (Made Under Section 3) Citation 1. These Rules may be cited as Plant Protection (Control of Water Hyacinth) Rules. 2. In these Rules unless the context requires otherwise Interpretation "Act" means the Plant Protection Act No. 13 of 1997; 1 "Biological Control Agent" means a natural enemy, antagonist or competitor and other self replicating biotic entity, used for water hyacinth control; "conveyance" means any vessel, aircraft, train, truck, car, boat, ship, ferry, cart, cargo, container, animal, or other device whereby water hyacinth may be moved from one place to another; "Director" means the Director of Agriculture "effective date" means the date on which these rules shall be published in the Government Gazette; "inspector" means a plant protection inspector or an officer of the Ministry responsible for fisheries, designated to be an inspector under these rules; "Minister" means the Minister responsible for agriculture; "Regulations" means plant protection regulations made under the Act; "water body" means any collection of water or medium which is capable of assisting the growth of water hyacinth; “water hyacinth" means a plant organism of the Pontedericeae family whose genus is Eichhornia and crassipes species known as "gugu maji'' in Kiswahili and includes any of its parts whether severed from the plant or not; Prohibition of importation or planting 3. No person shall import, plant, grow or propagate water hyacinth in the Mainland Tanzania. Duty to destroy water hyacinth on site 4. (1) Any person living nearby a water body on which water hyacinth is growing or floating, has a duty to collect and destroy the water hyacinth in accordance to the procedure provided in Schedule IV. Tanzania Plant Protection Act Control of Water Hyacinth (No. 13 of 1997) Page 2 of 5 (2) Any holder of a right of disposal or any owner of a water body which contains water hyacinth whether for ornamental purposes or otherwise shall destroy the water hyacinth within thirty days from the effective date. Duty to report 5. Any person who comes into contact with, or is informed of an occurrence or suspected occurrence of water hyacinth or any other pertinent facts concerning the occurrence or control of water hyacinth shall forthwith report to the inspector the occurrence or suspected occurrence of water hyacinth or any other pertinent facts concerning the occurrence or control of water hyacinth to the inspector. Conveyance in infested area 6. An owner, master or person in possession of any conveyance moving from water hyacinth infested areas shall ensure that the conveyance or its contents do not have water hyacinth on or adhering to it. Declaration of water hyacinth infested areas. 7 (1) The Director shall declare by a notice published in the Gazette any water body to be a water hyacinth infested area under the First Schedule. (2) The Director may amend the First Schedule. (3) Any person who, when using the water of the water bodies declared under the First Schedule, allows water hyacinth to be moved from these waters no non infested water bodies, commits an offence. Quarantine districts 8 (1) The Director shall declare by notice published in the Gazette, all districts in which water hyacinth infested water bodies are found to be quarantine districts as specified in the Second Schedule. (2) The Director may amend the Second Schedule. Conveyance in declared infested areas or quarantine districts 9. Any owner, master or person in possession of any conveyance leaving from: (a) water bodies declared in the First Schedule ;or (b) districts specified in the Second Schedule, shall ensure that, the conveyance or its contents do not have water hyacinth on or adhering to it. Water hyacinth control methods 10. (1) The biological control agents appearing in the Third Schedule may be used in the control of water hyacinth. (2) Subject to sub-rules (1) any use of any biological control agent or chemical for the control of water hyacinth shall have to be in accordance to the approval procedure provided under the Act and Regulations (3) The only unrestricted method for water hyacinth control under these rules shall be mechanical control. Tanzania Plant Protection Act Control of Water Hyacinth (No. 13 of 1997) Page 3 of 5 (4) For the purpose of this rule "mechanical control" means the physical removal of water hyacinth from the water before it is destroyed and which do not use any biological control agent or any chemical for water hyacinth destruction, whether while on water or after being removed from water. Prohibition of Utilization of water hyacinth 11. (1) No person shall import or use water hyacinth for commercial, social or any purpose, unless such person first obtains a permit from the Minister. (2) The importation or use of water hyacinth for research purposes shall be done according to section 9 of the Act. Designation of inspectors 12. In addition to the plant protection inspectors, all district fisheries Officers are designated as inspectors for the purposes of enforcing these Rules. Powers of inspectors 13 (1) Any inspector may (a) stop and search any conveyance which he/she suspects has water hyacinth on or adhering to it (b) for the purposes of paragraph (a) erect or place barriers in or across any road, passage or street, or in any public place within Mainland Tanzania. (2) There shall be affixed to or prominently displayed adjacent to every such barrier a notice bearing in white letters, not less than ten centimeters in height on a black background the word, "KILIMO - GUGU maji'' CONTROL". (3) Where any conveyance is reasonably suspected by an inspector of having water hyacinth on or adhering to it, the inspector shall forthwith inform the person Incharge of the conveyance and that person shall cause that water hyacinth to be destroyed. Offences 14. (1) Any person in charge of a conveyance who (a) willfully fails to obey any signal of an inspector requiring him to stop such conveyance before reaching any barrier erected or placed in or across any road, street, passage or in any public place under the provision of sub-rule (1) (b) of rule 13, or (b) having been directed by an inspector under the provision of rule 13 to cause the detected water hyacinth to be destroyed; or (c) obstructs an inspector on duty: commits an offence and shall upon conviction, be liable to a fine not less than -two hundred thousand shillings (Shs. 200,000/=) or to a term of imprisonment for three years or to both such fine and imprisonment. (2) Any person who by himself, his servant or agent, either directly or indirectly contravenes any of the provisions of these rules commits an offence Tanzania Plant Protection Act Control of Water Hyacinth (No. 13 of 1997) Page 4 of 5 (3) Any person guilty of an offence under these rules, unless specifically provided under the rule concerned, shall be liable on conviction, to a fine not exceeding two hundred thousand shillings (200,000/=) or to a term of imprisonment of three years or to both such fine and imprisonment. FIRST SCHEDULE - Rule 7(1) Water Hyacinth infested areas A. LAKES: B. RIVERS: C. PONDS (i) Victoria (i) Pangani (ii) Sigi (iii) Musoma (iv) Kagera (v) Kanoni (i) Bulili (ii) Bukabwa SECOND SCHEDULE - Rule 8 Quarantine Districts Region District Kagera Muleba Ngara Karagwe Biharamulo Bukoba Rural Bukoba Urban Mwanza Mwanza Magu Misungwi Sengerema Geita Ukerewe Mara Musoma Bunda Tarime Tanga Tanga Handeni Korogwe Pangani Handeni Muheza Dar es Salaam Kinondoni Coast Kibaha THIRD SCHEDULE - Rule 10(l) Biological Control Agents Permitted to be used in the control of Water Hyacinth in the Mainland Tanzania 1. Weevils belonging to the Curculionidae family, known as "mbawa kavu" in Kiswahili namely (a) Neochetina bruchi (b) Neochetina eichhorniae FOURTH SCHEDULE - Rule 4(1) Procedures for destroying water hyacinth, which has been removed from, water bodies Any person who removes water hyacinth from a water body: Tanzania Plant Protection Act Control of Water Hyacinth (No. 13 of 1997) Page 5 of 5 (i) Shall ask the inspector to locate a site, far but conveniently removed from the water shoreline, to be used for purposes of disposing water hyacinth. (ii) The disposal site shall be well marked to make the local community aware of the existence of such a site and to prevent anybody from taking parts of water hyacinth away. The local authority of the area shall be responsible for the security of the site during the time when water hyacinth is in the process of being destroyed. (iii) The disposal area shall be spacious enough so that the transported water hyacinth plants could be spread out for quick drying. (iv) Transportation of water hyacinth plants to the located disposal site shall be done with care, ensuring that the plants or their parts thereof are not dropped or left about the road or route to the disposal site. (v) The water hyacinth shall be allowed to dry until it can be reasonably burnt. (vi) The dry waterhyacinth plants shall be heaped together and burnt until when they become reduced to ashes, to the satisfaction of a designated inspector. (vii) Any equipment used to transport water hyacinth shall be cleaned by washing until it is free of water hyacinth plants or water hyacinth parts, to the satisfaction of a designate inspector, before they can be taken for other uses.