Fisheries (Amendment) Act, 2007 (No. 22 of 2007)

Fisheries (Amendment) ACT [No. 22 of2007 401 No. 22 of 2007 Date of Assent: 6th September, 2007 An Act to amend the Fisheries Act [12th September, 2007 ENACTED by the Parliament of Zambia 1. This Act may be cited as the Fisheries (Amendment) Act, 2007, and shall be read as one with the Fisheries Act, in this Act referred to as the principal Act. 2. Section two ofthe principal Act is amended (a) in the definition (i) "fish" by the insertion of a comma and the words " fin, shell fish," after the word" includes "; and (ii) "fishing" by the insertion of the words" or intended for the harvesting " after the words " any act directed at "; and (b) by the insertion in the appropriate places of the following new definitions: "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 twelve J; " aquaculture facility" means any equipment, construction, enclosure, place or area, whether on land or in water, in which aquaculture is conducted; " Committee " means a fisheries management committee constituted under section five D; " Environmental Council of Zambia " has the meaning assigned to it in the Environmental Protection and Pollution Control Act; " environmental impact assessment" has the meaning assigned to it in the Environmental Protection and Enactment Short title Cap. 200 Amendment of section 2 Cap. 204 copies of this Statutory Instrument can be obtainedfrom the GovernmentP,infer Po. Box 30136, 101 01, Lusaka Price K4,000 each 402 No. 22 of 2007) Fisheries (Amendment) Cap. 204 Insertion of new Part II A Declaration of fisheries management area Pollution Control Act or in regulations made thereunder;. " 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 five A; "fisheries management plan" means a plan for the management and development of a fisheries management area prepared pursuant to section five c; "fishery waters" means water in any river, stream, watercourse, lake, lagoon, swamp, pond,dam or reservoir, whether natural or manmade but does not include water in aquaria or ornamental ponds unconnected with any natural water; " Fund " means the Fisheries Development Fund established by section twelve M; " honorary fisheries officer " means any person appointed as such under this Act; " management plan means a fisheries management plan developed under section five C. 3. The principal Act is amended by the insertion immediately after Part II of the following new Part: PART IIA FISHERIES MANAGEMENT AREAS SA (1) The Minister may, after consultation with the Minister, responsible for environmental protection and management, national heritage conservation and management and wildlife management and with the Director and the local riparian community, by statutory order, declare any area of water to be a fisheries management area for the management and sustainable utilisation of such species of fish as may be specified in the order. (2) The Minister, may in like manner, define, alter or extend the boundaries of any such fisheries management area or order any such area to cease to be a fisheries management area. (3) Where a fisheries management area is in a Local Forest or National Forest or in a National Park, the exercise or enjoyment of any fishing right or interest in the area shall be consistent with sustainable forest management or wildlife conservation and management, as the case may be. I I II I~ Fisheries (Amendment) [No.!2of2007 403 (4) In this section "Local Forest" has the meaning assigned to it in the Forests Act; " National Forest" has the meaning assigned to it in the Forests Act; and "National Park" has the meaning assigned to it in the Zambia Wildlife Act, 1998. 5B. Except as otherwise provided by this Act, any persol'rwho without a licence relevant to such fishing, fishes in any flSheries management area commits an offence and is liable, upon convidian, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both. 5C. (1) The Director shall, in consultation with a Committee appointed under section five D, prepare a fisheries management plan for the conservation and management of fish and the development of the fisheries management area. (2) A fisheries management plan shall (a) identity the fishery to which it relates and state its characteristics and its current state of exploitation; (b) specify the objectives to be achieved in the conservation, management and development of the fisheries management area; (c)specify the strategies to be adopted for effective management and development of the fishery; (d) determine fishing quotas, the amount offish which may be harvested, and the number of fishing licences which may beissued, in respect of the fishery, in any fishing season; (e) identify any possible adverse effects, that flShing activities in the fishery may cause to the environment and provide solutions for the management of those effects in accordance with the provisions of the Environmental ProtectiOlt and Pollution Control Act; (f) specity the statistical and other data to be submitted by the Committee to the Director for purposes of monitoring the management and development of the fishery; and Cap. 199 Cap. 199 Act No. 12 of 1998 Restriction on fishing in fisheries management area Cap. 204 404 No. 22 of 2007] Fisheries (Amendment) Fisheries Management Committee (g) where necessary, identify and recommend any international co-operation that may be needed to achieve the management and development objectives ofthe fishery. (3) The Director shall, during the preparation of a fisheries management plan, consult as appropriate, with other Government departments and agencies affected by the fisheries management plan. (4) Where a fisheries management area includes any waters where any fish endemic in the Republic of Zambia are found, the Director shall, before preparing a fisheries management plan (a) consult with any government or other relevant authority concerned with general conservation and biodiversity matters; and (b) shall give due regard to any advice given by those authorities in relation to the endemic fish. (5) A fisheries management plan shall be reviewed and revised as necessary. (6) Each fisheries management plan and any revision thereof shall be submitted to the Minister for approval, and shall only enter into force when such approval is given. 5D. (1) The Minister shall by Gazette notice appoint a committee for each fisheries management area declared under section five A: Provided that where the fisheries management area is in a game management area, the Minister shall appoint the committee in consultation with the community resource board for that area.; (2) A committee appointed under subsection (1) shall compnse (a) six representatives from the local riparian fishing community who shall be elected by the local community; (b) one representative of the local authority in the fisheries management area; (c) one representative of the chief: Provided that where a fisheries management area covers two or more chiefdoms, each chief shall nominate a representative to the committee; Ii Fisheries (Amendment) [No.22 of2007 405 (d) one representative of a non-government.al organisation operating in the fisheries management area; (e) one representative from the fishing industry; (f) one representative from the acquaculture industry,; and (g) two other persons: Provided that the Minister may reject a nomination of any member and request the nominating institution or organisation to provide another nomination. (3) The Minister shall appoint the Chairperson and Vice Chairperson from among the members appointed under subsection (2). (4) Subject to the other provisions of this Act, a member of a committee shall hold office for a period of three years and may be re-appointed for one further period of three years. (5) The office of a member shall become vacant (a) if without reasonable excuse that member is absent from three consecutive meetings of the committee of which the member has had notice; (b) upon the member's death; (c) ifthe member is adjudged bankrupt; (d) if the member becomes mentally or physically incapable of performing the duties of a member of the committee; (e) if the member is convicted of an offence under this Act; or (f) if the member is convicted of an offence under any other written law and sentenced therefor to imprisonment for a term of six months or more without the option of a fine. (6) The Minister shall, on such terms and conditions as the Minister may determine, appoint an officer of the Department of Fisheries to be a Secretary to a committee. (7) The Minister may dissolve a committee constituted under subsection (I) if satisfied that the committee 406 No.22 of 2007] Fisheries (Amendment) Act No. 12 of 1998 Act No. 12 of 1998 Proceedings of Committee (8) (a) has mismanaged the natural resources in the fisheries management area; or (b) has engaged in activities which are inconsistent with their functions. In this section " community resource board" has the meaning assigned to it in the Zambia Wildlife Act; and " game management area" has the meaning assigned to it in the Zambia Wildlife Act. 5E. (1) Subject to the other provisions of this Act, a committee may regulate its own procedure. (2) A committee shall meet for the transaction of business at such places and at such times as the Chairperson may determine: Provided that the first meeting of a committee shall be called by notice given and at a place determined by the Director. (3) Upon giving notice of not less than fourteen days, a meeting of a committee may be called by the chairperson and shall be called if not less than one third of the members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be calledupon giving a shorter notice. (4) The quorum at any meeting of a committee shall be seven members. (5) There shall preside at any meeting of a committee (a) the chairperson; or (b) in the absence of the chairperson, the vice chairperson; or (c) in the absence of the chairperson and the vice chairperson, such member as the members present may elect from amongst their number for the purpose of that meeting. (6) A decision of a committee on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote. 1'1 Fisheries (Amendment) [No. 21 .of:2007 407 (7) A committee may invite any person wlmse presence in its opinion is desirable to attend and J:o participate in the deliberations of a meeting of tire committee but such person shall have no vote. (8) The validity of any proceedings, act or decision of a committee shall not be affected by any vacancy in the membership of the committee or by any defect in :nile appointment of any member or by reason that any person not entitled so to do, took part in the proceedings. (9) A committee shall cause minutes to be kept of the proceedings of every meeting of the committee. SF. (1) The functions of a committee are to promote and develop an integrated approach to the management and sustainable utilisation of natural and fisheries resources in a fisheries management area under its jurisdiction. (2) Without prejudice to the generality of subsectWa (1), a committee shall have power to (a) negotiate in conjunction with the Director, co management agreements with industrial fishing companies operating inthe fisheries managemem area under its jurisdiction; (b) manage the fisheries resources under its jurisdiction, within fishing quotas specified by the fisheries management plan; (c) in consultation with the Director, develop and implement management plans which reconcile the various uses of water in the fisheries management area under the committee's jurisdiction; (d) cooperate with the Department of Fisheries in the management of the fisheries management area under its jurisdiction; (e) facilitate the involvement of non governmental organisations providing support to fisheries management and conservation efforts in 'lite fisheries management area under its jurisdiction; (f) recommend to the Director measures, plans and programmes required for fisheries development in the fisheries management area under lits jurisdiction; (g) monitor the development of aquaculture in the fisheries management area under its jurisdiction; Functions of fisheries management committee 408 No. 220f2007J Fisheries (Amendment) Financial provisions (h) submit to the Director, on a regular basis, reports on the status of the fisheries management area under its jurisdiction; and (i) perform such other functions as the Minister may direct. (3) A committee shall prepare and implement the fisheries management plan referred to in section five D in accordance with such regulations as the Minister may, by statutory instrument, prescribe. 5G. (1) A committee shall establish a fund to enhance the economic and social well being of the local riparian community within a fisheries management area. (2) There shall be paid into the fund of a committee referred to in subsection (1) (a) such moneys from the revenues payable in respect of fishing and aquaculture licences issued under this Act and services rendered from the use of fisheries resources within a fisheries management area as the Minister may, after consultation withthe Minister responsible for finance by regulations prescribe; and (b) such moneys as the committee may, with the approval of the Minister, accept by way of grants and donations from any source within or outside Zambia. (3) A committee shall cause to be kept proper books of accounts and other records relating to its accounts. (4) The accounts referred to in subsection (3) shall be open for inspection by the Director or any member of the local riparian community concerned. (5) The financial year of a committee shall be a period of twelve months ending on 31 st December. (6) A committee shall, not later than ninety days after the end of the financial year submit to the Minister (a) an audited balance sheet; (b) an audited statement of income and expenditure; and (c) a report concerning its activities during the financial year. II I I II Fisheries (Amendment) [No. 22 .of2D07 409 (7) Any person who misuses any money belonging to a committee shall (a) be liable to a surcharge; and (b) be guilty of an offence and is liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding twelve months or to both. SR. A committee shall submit (a) to the Director minutes of each meeting of the committee; and (b) to the Minister an annual report of its activities; within two weeks after such minutes or report are adopted by the committee. 4. The principaJAct is amended by the insertion immediately after Part IV of the following new Parts: PART IVA Duty of fisheries management <COml1litteeto submit report and minutes Insertion of new Parts IVA and !VB Prohibition of engaging in aquaculture without lirence AQUACULTURE 12A. (l) Subject to section twenty-three, a person shaH not engage in aquaculture except in accordance with this Act and under the authority of a licence issued under this Act. (2) A person who contravenes subsection (I) commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both. 12B. (1) An application for a licence to engage in Application aquaculture shall be made to the Director or such other for licence officer designated for that purpose by the Minister, in the prescribed form and shall be accompanied by a prescribed fee, an environmental impact assessment report prepared pursuant to section twelve E and such other documents as may be prescribed by the Minister by regulations made under section twelve L. (2) The Director shall, within sixty days of receiving an application for a licence under subsection (1), issue a licence, subject to any condition specified under section twelve D. 410 No.22 of2007] Fisheries (Amendment) Restriction of transfer of licence Conditions of aquaculture licence (3) Subject to section twelve D, a licence issued under this section shall be valid for such period as may be specified therein and may be renewed for a like period if the applicant has been complying with the provisions of this Act and the conditions of the previous licence and on payment of the fee prescribed by the Minister by regulations made under section twelve L. (4) Where the Director is not satisfied with an application under this Part, the Director shall within sixty days of receiving the application refuse to issue the licence to the applicant and shall notify the applicant stating the reasons for so refusing. (5) An applicant for a licence who is aggrieved by a decision of a Director not to grant the licence under subsection (4) may appeal to the Minister, subject to a further appeal to the High Court within thirty days of receiving the notification. 12C. An aquaculture licence shaIl (a) not be transferred without the prior written approval of the Director: Provided that the Director may authorise the transfer of a licence on such conditions as the Director may determine; and (b) confer on the licence holder exclusive rights to harvest the products of the aquaculture facility named in the licence within the area specified in the licence. 12D. An aquaculture licence may contain conditions (a) relating to the siting, design, equipment and materials to be used in the construction of the aquaculture facility; (b) relating to the control of the species of aquatic life that may be introduced into any such facility; (c) intended to promote sanitary conditions in the handling of fish and in the preparation and processing of fisheries and aquaculture products; (d) to prevent the escape of fish from an aquaculture facility; 'II I II Fisheries (Amendment) [No. 22 of 2007 411 (e) to prevent and control the spread of diseases of fish; (f) to regulate the marketing of fish and fisheries products of an aquaculture facility; (g) stipulating measures to be taken to minimise the escape of waste products and the pollution of the water in, or the land surrounding, an aquaculture facility; (h) regulating the disposal of dead fish or waste from an aquaculture facility operated by the licensee including consents and notifications required in respect thereof; (i) respecting the control and monitoring of water quality in the aquaculture facility; (j)prohibiting or controlling the use of any chemical or pharmaceutical preparation, drug or antibiotic, in an aquaculture facility; or (Ie) prescribed by regulations under section twelve L. 12E. A person intending to engage in aquaculture shall conduct an environmental impact assessment in accordance with the provisions of the Environmental Protection and Pollution Control Act, and prepare a report thereon for the purposes of this Act. 12F. An authorised officer may inspect any site proposed for the establishment of an aquaculture facility to determine the suitability or otherwise of such site for use as an aquaculture facility upon payment of such inspection fee as the Minister may, by regulations, prescribe. 12G. (1) A person shall not (a) interfere with or harvest the products of an aquaculture facility without the authority of the licensee; (b) place any object in the water, or promote or undertake any activity in a manner so as to obstruct an aquaculture operation being carried out by another person; (c) destroy, damage, displace or alter the position of any equipment lawfully deployed in connection with an aquaculture facility; or (d) without lawful excuse cause the release of ~ Requirement to conduct environmental impact assessment Cap. 204 Inspection of proposed site for aquaculture Prohibition of interfering with aquaculture facility 412 No. 220f2007J Fisheries (Amendment) Restriction on use of chemicals etc. in aquaculture Cancellation and suspension of licence product of an aquaculture fac ility. (2) Any person who contravenes subsection (I) commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a period not exceeding two years, or to both. 12H. (1) A person shall not use any drug, chemical or substance for the treatment of fish diseases or for the enhancement of fish growth in an aquaculture facility except a drug, chemical or substance approved by the Director for such purpose in consultation with the Environmental Council of Zambia. (2) Any person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a period not exceeding one year, or to both. 121. (1) The Director may cancel or suspend an aquaculture licence where the Director is satisfied that (a) it is necessary to do so in order to give effect to this Part or any programme specified in a fisheries management plan; or (b) the licence holder has contravened any provision of regulations made under this Act or any condition of the licence: Provided that the Director shall before suspending or cancelling a licence under this section notifY the licence holder of the intention to suspend or cancel the licence giving reasons for such intention and inviting the licence holder to make representations to the Director, ifthe licence holder so wishes, within such period as is specified in the notice. (2) Where a licence is suspended or cancelled on the grounds specified in paragraph (a) of subsection (I), the fees or such proportion of the fees paid for the licence representing the unexpired period ofthat licence shall be reimbursed to the licence holder within sixty days of such suspension or cancellation. III I,ll I II Fisheries (Amendment) [Ne.n 012087 413 Aquaculture regulations 12l Anylicence holder who is aggrieved by a decision of the Director to suspend or cancel the licence undec paragraph (b) of subsection (1) of section twelve I may appeal to the Minister, subject to a further appeal to die High Court within thirty days of receiving notificatioA of the suspension or cancellation of the licence. 12K. (1) The Director shall, in consultation wi1h a Committee and the Environmental Council of ~ prepare an Aquaculture Development Plan for the sustainable development of aquaculture in Zambia furthe approval of the Minister. (2) The Aquaculture Development Plan shall be f«a period of three years and shall be designed to promo1e the sustainable development of aquaculture in accordancewi1h sound principles of fisheries management. (3) The Aquaculture Development Plan shall include (a)a statement of the objectives of the plan and a strategy for achieving those objectives; (b) performance indicators to monitor the extent to which the objectives of the plan are being attained; (c) an evaluation of the implementation of the aquaculture plan that preceded it; (d) a description or identification of any area ofwater which is suitable for aquaculture and the type of aquaculture for which the area is suitable; (e) describe suitable methods for undertaking any~ of aquaculture; (j)·identify suitable or unsuitable species offish for aquaculture; and (g) include any other matter concerning aquacultnre which the Director considers appropriate. (4) The first Aquaculture Development Plan shaUbe prepared and submitted to the Minister for approval within three months from the date on which this Act comes into operation. ]2L. The Minister may, by regulations (a) prescribe the forms to be used for an application for an aquaculture licence under this Part; Appeal against suspension or cancellation of Jicmce Aquaculture Development Plan "'-- •. -c.• ill 414 No. 22 of 2007] Fisheries (Amendment) (b) prescribe the fees to be paid by an applicant for a licence under this Part; (c) provide for the control, management and improvement of any aquaculture facility; (d) prescribe matters to be considered in determining whether or not to grant, refuse or renew an aquaculture licence; (e) prescribe the duration and other conditions of an aquaculture licence; and (f) make or give any direction generally for the better carrying out of the purposes of this Part. PART IV B THE FISHERlES AND ACQUACULTURE DEVELOPMENT FUND Establishment of Fisheries Development Fund Administration of Fund Application of money of Fund Statement of income and expenditure I 12M. (1) There is hereby established a Fisheries and Aquaculture Development Fund. (2) The Fund shall consist of (a) such monies as may be appropriated by Parliament for the purposes of the Fund; (b) fifty per centum of the monies collected from fishing and aquaculture licences and other fees payable under this Act; and (c) such moneys as may accrue to or vest in the Fund. 12N. The Fund shall be vested in the Minister responsible for finance and shall be managed and administered by the Minister responsible for fisheries. 120. The Ministers referred to in section twelve N shall apply the moneys of the Fund for the purposes of developing the fisheries and aquaculture sector and facilitating a community based approach to fisheries management and development. 12P. The Ministers referred to in section twelve N shall cause an annual statement of income and expenditure to be prepared and laid before the Natiorial Assembly. 4. Section twenty-one of the principal Act is amended in subsection (2) (a) by the insertion immediately after paragraph (k) of the following new paragraphs: I' I~ Fisheries (Amendment) [No. 22 of 2007 415 (I) regulating and controlling aquaculture, sport fishing and fishing for ornamental purposes; (m) placing limits on the amounts of fish to be caught or the number of licences, permits or other authorisations to be issued in respect of a fish management area; (n) providing for the keeping of records or requiring the provision of statistical and other information relating to a fishery by a Committee or any person authorised to carry on any activity under this Act; (0) establishing and regulating community based or other decentralised fisheries management and any aspect of their operation including financial management and the granting or delegation of power to any person, class or group of persons to enforce or implement regulations relating to fisheries conservation and management; and (P) providing for the control, development and management of any fisheries management area including the development, establishment and implementation of integrated community projects among communities within fishery management areas; and (b) by the re-numbering of paragraph (q) as paragraph (r). 416 I I'