Fisheries Regulations, 2012 (S.I. No. 24 of 2012)

GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO. 24 OF 2012 The Fisheries Act, 2012 (Act No. 22 of 2011) The Fisheries Regulations, 2012 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulations 1. Title 2. Interpretation PART II REGULATION OF FISHING 3. Prohibited fishing areas 4. Prohibited fishing period 5. Prohibited nets 6. Restricted fishing equipment 7. Prohibited fishing methods 8. Prohibition of use of pesticides 9. Control of movement of fish PART III FISH AND FISH PRODUCTS 10. Design of industrial vessels and equipment 11. Areas for preparation and freezing of fish and fish products 12. Requirements during and after landing of fish 13. General conditions for fish factory 14. General conditions of hygiene applicable to employees Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101, Lusaka, Price K21,000 each 20th April, 2012 Statutory Instruments 97 98 Statutory Instruments 20th April, 2012 15. Handling fish products on shore 16. Conditions for processed fish products 17. Prevention of parasites and moulds 18. Packaging, storing and transportation 19. Labelling PART IV IMPORT AND EXPORT PERMITS 20. Application for import permit 21. Application for export permit 22. Request for further information and particulars 23. Import permit 24. Export permit 25. Rejection of application for permit 26. Surrender of permit 27. Transfer of permit 28. Suspension and cancellation of permit 29. Change in particulars of permit 30. Application for duplicate permit PART V SPECIAL FISHING LICENCE 31. Application of for special fishing licence 32. Special fishing licence 33. Restriction on transfer of special fishing licence 34. Surrender of special fishing licence 35. Cancellation and suspension of special fishing licence 36. Change of particulars of special fishing licence 37. Application for duplicate special fishing licence 38. Application for renewal of special fishing licence PART VI REGISTRATION OF BOATS 39. Application for registration 40. Request for further information and particulars 41. Registration of boat 42. Rejection of application for registration 43. Surrender of registration 44. Transfer of registration 45. Suspension and cancellation of registration 46. Change of particulars of registration 47. Application for duplicate registration PART VII AQUACULTURE LICENCE 48. Application for aquaculture licence 49. Aquaculture licence 50. Surrender of aquaculture licence 51. Transfer of aquaculture licence 52. Cancellation and suspension of aquaculture licence 53. Change of particulars of aquaculture licence 54. Application for duplicate aquaculture licence 55. Application for renewal of aquaculture licence PART VIII GENERAL PROVISIONS 56. Register 57. General penalty 58. Revocation of SI. Nos. 107 of 1976, 24 of 1986 and 55 of 1986 20th April, 2012 Statutory Instruments 99 IN EXERCISE of the powers contained in section sixty-seven of the Fisheries Act, 2011, the following Regulations are hereby made: PART I PRELIMINARY 1. These Regulations may be cited as the Fisheries Regulations, 2012. 2. In these Regulations, unless the context otherwise requires— “ commercial fishing area ” means an area designated as such under the Fisheries (Commercial Fishing Areas) (Declaration) Order, 2011; “ commercial fishing ” means fishing which is undertaken in a commercial fishing area as a regular or occasional occupation for the supply of fish to any market or industry; “ fish ” has the meaning assigned to it in the Act; “ fish product ” means any human food product in which fish is a characterising ingredient; “ Kutumpula ” means any fishing method whereby fish are driven into a stationery net or monofilament net or trap; “process monitoring instrument” means an instrument or device used to indicate conditions during fish processing at a critical control point; “ processing ” means, with respect to fish or fish products, handling, storing, preparing, heading, eviscerating, freezing, changing into different market forms, manufacturing, preserving, packing, labelling, unloading and loading; and “ sanitary and phytosanitary certificate ” means the certificate that permits an inspection authority to attest to the status of an animal, plant or fish product with respect to hygiene, freedom from disease or insect pests, and provides basic details about the means of conveyance of that product. PART II REGULATION OF FISHING 3. (1) A person shall not fish in any commercial fishing area specified in the First Schedule. (2) The restriction imposed in subregulation (1) shall, in respect of any commercial fishing area set outin the first column of the First Schedule, apply only to the extent described in the second column of that Schedule. Title Interpretation 100 Statutory Instruments 20th April, 2012 S.I No. of 2011 Prohibited fishing areas 4. (1) A person shall not fish in a commercial fishing area set out in the first column of the First Schedule except during the period set out in the third column of that Schedule or with the written permission of the Director. (2) The restriction imposed in subregulation (1) shall, in respect of any commercial fishing area set out in the first column of the First Schedule, apply only to the extent described in the second column of that Schedule. (3) The prohibition imposed by subregulation (1) shall apply during the period described in the third column of the First Schedule. 5. (1) A person shall not use for fishing, in a commercial fishing area set out in the First Schedule, any of the nets specified in the second column of that Schedule. (2) The restriction imposed in sub regulation (1) shall apply only to the extent described in the third column of the First Schedule. 6. (1) A person who is found in a commercial fishing area in possession of equipment, the use of which is prohibited under the Act or these Regulations, commits an offence. (2) A person shall not construct an industrial fishing vessel for the purpose of fishing Kapenta without the approval of the Director. 7. A person shall not fish in any commercial fishing area using Kutumpula or any of the fishing methods specified in section fifteen of the Act. 8. A person shall not use any pesticides as a means of curing, preserving, processing or storing fish. 9. (1) A person shall not, during the closed fishing season, move fish from an open fishing area and an aquaculture facility without a certificate of origin. (2) A person shall not transit any fish in Zambia without a sanitary and phytosanitary certificate issued by the relevant authority in the country of origin. (3) A certificate of origin shall be surrendered at the port of exit. (4) A certificate of origin of fish shall be valid for a period not exceeding two days and shall not be transferable or assigned to any other person. 20th April, 2012 Statutory Instruments 101 Prohibited fishing period Prohibited nets Restricted fishing equipment Prohibited fishing methods Prohibition of use of pesticides Control of movement of fish PART III FISH AND FISH PRODUCTS 10. An industrial fishing vessel or equipment shall have the following minimum requirements: (a) a reception and adequate work for taking fish and fish products on board; (b) the area shall be easy to clean and protect the fish products from the sun or any source of contamination; (c) a place for storing and packaging materials separate from processing areas; and (c) a suitable number of toilets and changing rooms. 11. An area used for the preparation and freezing of fish and fish products shall have the following: (a) a non-slippery floor, walls and ceilings that are easy to clean and disinfect; (b) adequate ventilation, lighting and proper vapour extraction; and (c) cleaning and disinfection tools that are not hand operated. 12. The following requirements shall be complied with during and after landing of fish: (a) offloading and landing equipment shall be constructed of material that is easy to clean and disinfect, and shall be kept in good state of repair and cleanliness; (b) fish products shall be placed, without unnecessary delay, in a protected environment at appropriate temperatures to prevent contamination of the fish products; (c) signs prohibiting smoking, spitting, eating and drinking shall be displayed in prominent and conspicuous spots in the area used for landing fish; and (d) the area shall be closeable and be kept closed in the manner determined by the Department. 13. Any factory, equipment and premises used for keeping or storing fish shall have the following facilities: (a) working areas of sufficient size for work to be carried out under hygienic conditions; (b) the layout and design shall separate the clean and dirty parts of the factory in order to prevent contamination of the fish or fish product; 102 Statutory Instruments 20th April, 2012 Design of industrial vessels and equipment Areas for preparation and freezing of fish and fish products Requirements during and after landing of fish General conditions for fish factory (c) the cold rooms used for storing fish and fish products shall be kept at appropriate temperatures as prescribed by the Zambia Bureau of Standards; (d) appropriate facilities for protection against pests such as insects, rodents, birds and vermin shall be in place; and (e) minimum sanitary conditions shall be adhered to as prescribed by the Zambia Bureau of Standards. 14. (1) An employer shall take all necessary measures to ensure that the highest possible standard of cleanliness is required of staff. (2) An employer shall take all necessary measures to prevent any contamination of fish and fish products and ensure provision of personal protective equipment to employees handling fish and fish products. 15. The handling of fish products on shore shall comply with the standards prescribed by the Zambia Bureau of Standards. 16. A person responsible for a factory or premises used for processing fish or fish products shall— (a) keep a register of the processing of fish and fish products carried out at the factory or premises; (b) indicate the conditions of storage for the fish or fish products, on the packaging for the fish or fish products; (c) preserve fish and fish products by salting, smoking or drying; and (d) avail the expected storage life of the fish and fish products to the Department on demand. 17. (1) The fish products shall, during production and before they are released for human consumption, be subject to visual inspection for the purpose of detecting and removing any parasites. (2) A person shall not place on the market for human consumption, any fish or fish products which are infested with parasites or moulds. (3) Microbiological criteria, including sampling plans and methods of analysis shall be complied with to protect human health. 18. (1) Fish packaging materials and products shall comply with the rules of hygiene. (2) Unused packaging materials for fish and fish products shall be protected from dust and contamination and be stored in premises away from the production area. 20th April, 2012 Statutory Instruments 103 General conditions of hygiene applicable to employees Handling fish products on shore Conditions for processed fish products Prevention of parasites and moulds Packaging, storing and transportation (3) Fish products shall not be stored or transported with other products which may contaminate them or affect their hygiene, unless they are packaged in such a way as to provide adequate protection. (4) Vehicles used for the transportation of fish products shall be constructed and equipped in such a way that the appropriate temperature can be maintained throughout the period of transportation. 19. Any packaging or consignment of fish or fish products shall be labelled with the following information for purposes of tracing the origin of the fish or fish products: (a) the name, business address and registration number of the processing factory or premises; or (b) where applicable, the registration number of the wholesale market. PART IV IMPORT AND EXPORT PERMITS 20. An application for an import permit shall be made in Form I set out in the Second Schedule. 21. An application for an export permit shall be made in Form II set out in the Second Schedule. 22. A request for further particulars or information shall be made in Form III set out in the Second Schedule. 23. The Director shall, within fourteen days of the receipt of an application for an import permit, if the application meets the requirements of the Act and these Regulations, issue an import permit to the applicant in Form IV set out in the Second Schedule. 24. The Director shall, within fourteen days of receipt of an application for an export permit, if the application meets the requirements of the Act and these Regulations, issue an export permit to the applicant in Form V set out in the Second Schedule. 25. The Director shall, if an application for an import or export permit does not meet the requirements of the Act or these Regulations, reject the applicationand inform the applicant of the rejection in Form VI set out in the Second Schedule. 104 Statutory Instruments 20th April, 2012 Labelling Application for import permit Application for export permit Request for further information and particulars Import permit Export permit Rejection of application for permit 26. (1) A holder of a permit who decides not to continue operating the business to which the permit relates shall surrender the permit with Form VII set out in the Second Schedule. (2) The Director shall, where a permit is surrendered under subregulation (1), cancel the permit. 27. An application for the transfer of a permit shall be made in Form VIII set out in the Second Schedule. 28. (1) The Director shall, before suspending or cancelling a permit, notify the holder of the intention to suspend or cancel the permit in Form IX set out in the Second Schedule. (2) The Director shall, where the Director suspends or cancels a permit, inform the holder in Form X set out in the Second Schedule. 29. A holder of a permit shall notify the Director of any change in that person’s registered particulars in Form XI set out in the Second Schedule. 30. An application for a duplicate permit shall be made in Form XII set out in the Second Schedule. PART V SPECIAL FISHING LICEMCE 31. (1) An application for a special fishing licence shall be made in Form XIII set out in the Second Schedule. (2) A request for further particulars or information in relation to an application for a special fishing licence shall be made in Form III set out in the Second Schedule. (3) The Director shall, within fourteen days of receiving an application under sub-regulation (1), reject the application if the application does not meet the requirements of the Act or these Regulations and shall notify the applicant of the rejection in Form VI set out in the Second Schedule. 32. The Director shall, within thirty days of receiving an application for a special fishing licence, issue a special fishing licence in Form XIV set out in the Second Schedule. 33. A holder of a special fishing licence shall not assign, cede or transfer the special fishing licence to any other person. 20th April, 2012 Statutory Instruments 105 Surrender of permit Transfer of permit Suspension and cancellation of permit Change in particulars of permit Application for duplicate permit Application for special fishing licence Special fishing licence Restriction on transfer of special fishing licence 34. (1) A holder of a special fishing licence who decides not to continue operating the business to which the special fishing licence relates shall surrender the special fishing licence with Form VII set out in the Second Schedule. (2) The Director shall, where a special fishing licence is surrendered under subregulation (1), cancel the special fishing licence. 35. (1) The Director may cancel or suspend a special fishing licence if— (a) the licensee contravenes the Act or these Regulations; (b) the licensee contravenes any terms or conditions of the licence; or (c) the applicant submitted false or misleading information in the application for the special fishing licence. (2) The Director shall, before suspending or cancelling a special fishing licence, notify the licensee of the intention to suspend or cancel the special fishing licence in Form IX set out in the Second Schedule. (3) The Director shall, where the Director suspends or cancels a special fishing licence, inform the licensee in Form X set out in the Second Schedule. 36. A licensee shall notify the Director of any change in that person’s registered particulars in Form XI set out in the Second Schedule. 37. An application for a duplicate special fishing licence shall be made in Form XII set out in the Second Schedule. 38. A holder of a special fishing licence may, at least three months before its expiry, apply for the renewal of the special fishing licence in Form XIII set out in the Second Schedule. PART VI REGISTRATION OF BOATS 39. An application for the registration of a boat shall be in Form XV set out in the Second Schedule. 106 Statutory Instruments 20th April, 2012 Surrender of special fishing licence Cancellation and suspension of special fishing licence Change of particulars of special fishing licence Application for duplicate special fishing licence Application for renewal of special fishing licence Application for registration 40. A request for further particulars or information shall be made in Form III set out in the Second Schedule. 41. The Director shall, within fourteen days of the receipt of an application for registration of a boat, if the application meets the requirements of the Act or these Regulations, register the boat in Form XVI set out in the Second Schedule. 42. The Director shall, if an application for registration of a boat does not meet the requirements of the Act or these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule. 43. (1) An owner of a registered boat who decides not to continue operating the business to which the registration relates shall inform the Director in Form VII set out in the Second Schedule. (2) The Director shall, where any registration is surrendered under subregulation (1), de-register the boat. 44. An application for the transfer of registration shall be made in Form VIII set out in the Second Schedule. 45. (1) The Director shall, before suspending or cancelling the registration of a boat, notify the holder of the intention to suspend or cancel the registration in Form IX set out in the Second Schedule. (2) The Director shall, where the Director suspends or cancels the registration of a boat, inform the holder in Form X set out in the Second Schedule. 46. An owner of a registered boat shall notify the Director of any change in that person’s registered particulars in relation to the boat in Form XI set out in the Second Schedule. 47. An application for a duplicate registration shall be made in Form XII set out in the Second Schedule. PART VII AQUACULTURE LICENCE 48. (1) An application for an aquaculture licence shall be made in Form XVII set out in the Second Schedule. (2) A request for further particulars or information in relation to an application for an aquaculture licence shall be made in Form III set out in the Second Schedule. 20th April, 2012 Statutory Instruments 107 Request for further information and particulars Registration of boat Rejection of application for registration Surrender of registration Transfer of registration Change in particulars of registration Application for duplicate registration Suspension and cancellation of registration Application for aquaculture licence (3) The Director shall, within fourteen days of receiving an application for an aquaculture licence, reject the application if it does not meet the requirements of the Act or these Regulations and shall notify the applicant of the rejection in Form VI set out in the Second Schedule. 49. The Director shall, within thirty days of receiving an application for an aquaculture licence, if the applicant meets the requirement of the Act and these Regulations, issue an aquaculture licence in Form XVIII set out in the Second Schedule. 50. (1) A licensee who decides not to continue operating the business to which the aquaculture licence relates shall surrender the aquaculture licence with Form VII set out in the Second Schedule. (2) The Director shall, where an aquaculture licence is surrendered under subregulation (1), cancel the licence. 51. An application for the transfer of an aquaculture licence shall be made in Form VIII set out in the Second Schedule. 52. (1) The Director shall, before suspending or cancelling an aquaculture licence, notify the licensee of the intention to suspend or cancel the aquaculture licence in Form IX set out in the Second Schedule. (2) The Director shall, where the Director suspends or cancels a licence, inform the licensee in Form X set out in the Second Schedule. 53. A licensee shall notify the Director of any change in that person’s registered particulars in Form XI set out in the Second Schedule. 54. An application for a duplicate aquaculture licence shall be made in Form XII set out in the Second Schedule. 55. A holder of an aquaculture licence may, at least three months before its expiry, apply for the renewal of the aquaculture licence in Form XVII set out in the Second Schedule. 108 Statutory Instruments 20th April, 2012 Aquaculture licence Surrender of aquaculture licence Transfer of aquaculture licence Cancellation and suspension of aquaculture licence Change of particulars of aquaculture licence Application for duplicate aquaculture licence Application for renewal of aquaculture licence PART VIII GENERAL PROVISIONS 56. The Director shall keep or cause to be kept a register of permits, registrations and licences in which shall be entered the following particulars: (a) the name and address of every holder of a permit, registration or licence; (b) the area in respect of which any permit, registration or licence is granted; and (c) any other information necessary for purposes of the Act. 57. Any person who contravenes these Regulations commits an offence and is liable, upon conviction— (a) to a fine not exceeding two thousand penalty units or to imprisonment for a period not exceeding two years, or to both; (b) in the case of a continuing offence, to an additional penalty not exceeding twenty five penalty units in respect of each day on which the offence continues; and (c) in respect of a second or subsequent contravention, to a penalty not exceeding two thousand five hundred penalty units. 58. The following statutory instruments are hereby revoked: (a) the Commercial Fishing Areas (Declaration) Order, 1976; (b) the Fisheries (Registration of Fishing Boats) Order, 1986; and (c) the Fisheries Regulations, 1986. 20th April, 2012 Statutory Instruments 109 Register General penalty S.I. No. 107 of 1976 Revocation of SI Nos. 107 of 1976, 24 of 1986 and 55 of 1986 S.I No. 24 of 1986 S.I No. 55 of 1986 110 Statutory Instruments 20th April, 2012 FIRST SCHEDULE (Regulations 3. 4 and 5) REGULATION OF FISHING IN COMMERCIAL FISHING AREAS A. PROHIBITED NETS Commercial Fishing Area Specified Nets Extent of Area of Restriction Bangweulu Commercial Draw net of mesh size less than 800 from shore in open lakes Fishing area Gill net of a mesh size less than 63 mm Throughout the area Monofilament net of a mesh size less Throughout the area than 127 mm Lower Kafue Commercial Draw/Seine net of nay mesh size Throughout the area Fishing Area Gill net of a mesh size less than 76m, Throughout the area except for smaller species (Brycinus lateralis) 37 mm Monofilament net of a mesh size less Throughout the area than 127 mm Kariba Commercial Fishing Draw/Seine net of any mesh size Throughout the area area Gill nets of mesh not less than 76mm Throughout the area except for (Barbus imberi) 51mm Kapenta nets of mesh net less than 10 mm Throughout the area except 3Km from the shore Monofilament net of a mesh size less than 127 mm Throughout the area Lake Tanganyika Commercial Draw/Seine net of any mesh size Throughout the area Fishing area Gill net of a mesh size less than Throughout the area 63 mm Monofilament net of a mesh size less Throughout the area than 127 mm Seine nets for Kapenta 10 mm Throughout the area Lusiwashi Commercial Draw/Seine net of any mesh size Throughout the area Fishing area Gill net of a mesh size less than Throughout the area 76 mm Monofilament if mesh size less than Throughout the area 127 mm Mweru-Luapula Commercial Draw/Seine net of any mesh size Throughout the area Fishing area except for chisense (P.moeruensis) less than 10 mm 20th April, 2012 Statutory Instruments 111 Gill net of a mesh size less than Throughout the area 63 mm Monofilament net of a mesh size Throughout the area less than 127 mm Mweru-Wantipa Commercial Draw/Seine net of any size Throughout the area Fishing area except for chisense (P.moeruensis) less than 10 mm Gill net of mesh size less than 76 mm Throughout the area Monofilament net of a mesh size less than 127 mm Throughout the area Upper Zambezi Commercial Draw/Seine net of any mesh size Throughout the area Fishing area Gill net of a mesh size less than Throughout the area 76 mm. except for Nembele M.macrolepidotus and (Limbala) Throughout the area Barbus spp 37 mm Monofilament net of a mesh size less Throughout the area than 127 mm Super Upper Zambezi Gill nets of mesh size less than Throughout the area 76 mm Draw/Seine net of any mesh size Throughout the area Monofilament nets of mesh size less Throughout the area than 127 mm Chambeshi Commercial Gill nets of mesh sizes less than 9 mm Throughout the area Fishing area Draw/Seine net of any mesh size Throughout the area Monofilament nets of mesh sizes below 127 mm Throughout the area Luangwa Commercial Gill nets less than 76 mm Throughout the area Fishing area monofilament nets of mesh sizes less Throughout the area than 127 mm Draw/Seine net of nay mesh size Throughout the area Middle Zambezi Commercial Gill nets of mesh size less than 51 mm Throughout the area Fishing area Monofilament nets of mesh sizes less than 127 Throughout the area Draw/Seine net of any mesh size Throughout the area Lower Zambezi Fishing area Gill nets of mesh sizes less than Throughout the area 76 mm Monofilament nets of mesh sizes Throughout the area 127 mm Draw/Seine net of any mesh size Throughout the area Commercial Fishing Area Specified Nets Extent of Area of Restriction 112 Statutory Instruments 20th April, 2012 Upper Kafue Commercial Gill nets of mesh sizes less than Throughout the area Fishing area I.I.T 51 mm Monofilament nets of mesh size less Throughout the area than 127 mm Draw/Seine net of any mesh size Throughout the area Super Upper Kafue Gill nets of mesh sizes less than Throughout the area Commercial Fishing area 51 mm Monofilament nets of mesh sizes less Throughout the area than 127 mm Draw/Seine net of any mesh size Throughout the area B. FISHING PERIOD Mweru-Luapula That portion of water of Mweru No fishing throughout the bound by a straight line drawn year from the Northern up of Nkole point in a Northerly direction to the Southern most tip of Kilwa Islans thence in a south easterly direction to the bank of the Chota Channel; thence following the shores of lake Mweru to the right bend of Luapula River thence up this river for a distance approximately 5 kilometres; thence to the nearest boundary between the Democratic Republic of Congo and Zambia opposite; thence in a northerly direction along this boundary to the point of starting. The whole of Mweru-Luapula 1st December to the last fisheries day of February Bangweulu Throughout the Commercial fishing 1st December to 28th area February of any ordinary year and 1 December to 29th February of a leap year Lower Kafue Throughout the Kafue Commercial 1st December to 28th Fishing Area February of any ordinary year and 1 December to 29th February of a leap year Lower Zambezi Throughout the Commercial fishing 1st December up to 28th area of any ordinary year and 1 1st December to 28th February of any ordinary year and 1 Commercial Fishing Area Specified Nets Extent of Area of Restriction 20th April, 2012 Statutory Instruments 113 December to 29 February of a leap year Kariba Namazambwe river estuary, Throughout the year Mweemba river estuary, Chimini inlet, Maaze river estuary, Zongwe river estuary, Sikalamba river estuary, Nang’ombe river estuary, Jongola river estuary, Chezya river Lufua River Estaury, Nangandwe River estuary and Nanhunwe River Lunar period Throughout the area Lower Luangwa River None None Mweru-wa-ntipa Mweru Wa Ntipa National Park Throughout the year The whole of Mweru-Wa-Ntipa 1st December to last day of February Lukanga Swamps Throughout the commercial 1st December to last day February Lusiwasi Throughout the commercial fishing 1st Dec. to last day of area February Upper Zambezi Commercial Throughout the commercial fishing 1st Dec. to last day of Fishing Area area February Super Upper Zambezi Throughout the commercial fishing 1st Dec. to last day of Commercial Fishing Area area February Chambeshi Commercial Throughout the commercial fishing 1st Dec. to last day of Fishing Area area February Middle Zambezi Commercial Throughout the commercial fishing 1st Dec. to last day of Fishing Area area February Lower Zambezi Commercial Throughout the commercial fishing 1st Dec. to last day of Fishing Area area February Upper Kafue Commercial Throughout the commercial fishing 1st Dec. to last day of Fishing area area February Super Upper Kafue Throughout the commercial fishing 1st Dec. to last day of Commercial fishing area area February Lunga Commercial Fishing Throughout the commercial fishing 1st Dec. to last day of Area area February Tanganyika Commercial Fishing Area Chitili area Throughout the year Kasakalawe area Throughout the area Nsumbu National ParkKapenta Throughout the area fishing during Lunar period Throughout the area i.e. full moon Commercial Fishing Area Specified Nets Extent of Area of Restriction 114 Statutory Instruments 20th April, 2012 SECOND SCHEDULE (Regulations 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35(2), 35(3), 36, 37, 38, 39, 40, 41, 42, 43(1), 44, 45, 46, 47, 48, 49, 50(1), 51, 52, 53, 54 and 55 ) PRESCRIBED FORMS Form I (Regulation 20) (To be completed in duplicate) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 APPLICATION FOR IMPORT PERMIT Please complete in block letters Shaded fields for official use only Reference No. Date and Time Information Required Information Provided INDIVIDUAL 1. (a) Forename(s) of applicant (b) Surname(s) of applicant(s) 2. (a) Nationality of applicant(s) (b) National Registration Card No. (c) Passport No. Date of issue: Place of issue: Expiry date: 3. (a) Notification address Telephone/Cell No. Fax No. Email address (b) Residential address FIRM 4. (a) Business name (b) Certificate of incorporation No. (c) TPIN No. (d) Business address (e) Postal address (f) Email address 20th April, 2012 Statutory Instruments 115 15. Have you ever been convicted of an offence under the Fisheries Act, 2011? Are there a pending which may lead to such a conviction? If yes, specify details:…………………………………………………………………… Nature of offence:………………………………………………………………………… Date of conviction:……………………………………………………………………… Sentence:………………………………………………………………………………… 16. STATUTORY DECLARATION I/We …………………………………………. do solemnly declare as follows: (a) that the information provided in this Form is correct and true; (b) that my permit has never been suspended or cancelled; (c) that the fish will be caught, landed, packaged, handled, marked, prepared, p transported under conditions equivalent to good manufacturing and hygiene pr (d) that the fish has undergone health controls in the country of origin; and (e) that the fish do not come from toxic species or species contain bio-toxines; and I /we make this solemn declaration conscientiously believing the same to be knowledge and belief. …………………………………………………. …………… Applicant‘s signature Da GENERAL INFORMATION 5. Country of origin of fish/fish product Place Registration No. 6. Description of fish/fish product Fish Fish Product 7. Purpose of importation 8. Presentation of product and type of treatment (state whether live, refrigerated, frozen, salted, smoked, preserved) 9. Packaging Type of Packaging Number of Packag 10. Storage and transport Mode of transport Storage 11. Destination of product Place of dispatch Place of destinatio 12. Names and details of consignee Name Address 116 Statutory Instruments 20th April, 2012 FOR OFFICIAL USE ONLY Received by: ………………………………………………………………... … Officer Receipt No.: ………………………………………………………………… Date received: ……………………………………………………………… Amount received: …………………………………………………………. Serial No. of application: ………………………………………………….. 20th April, 2012 Statutory Instruments 117 Form II (Regulation 21) (To be completed in duplicate) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 APPLICATION FOR EXPORT PERMIT Please complete in block letters Shaded fields for official use only Reference No. Date and Time Information Required Information Provided INDIVIDUAL 1. (a) Forename(s) (b) Surname(s) of applicant(s) 2. (a) Nationality of applicant(s) (b) National Registration Card No. (c) Passport No. Date of issue: Place of issue: Expiry date: 3. (a) Notification address Telephone/Cell No. Fax No. Email address (b) Residential address FIRM 4. (a) Business name (b) Certificate of incorporation No. (c) TPIN No. (d) Business address (e) Postal address (f) Email address GENERAL INFORMATION 5. Name of fishery 6. Details of fish/fish product intended for export Fish Fish p 118 Statutory Instruments 20th April, 2012 FOR OFFICIAL USE ONLY Received by: ………………………………………………………………... …… Officer Receipt No.: ………………………………………………………………… Date received: ……………………………………………………………… Amount received: …………………………………………………………. Serial No. of application: ………………………………………………….. 8. Treatment Date of treatment Ty 9. Packaging Type of Packaging Number of Pack 10. Storage and transport Mode of transport Storage 11. Destination of product Place of dispatch Place of destina 12. Names and details of consignee Name Ad 13. Have you previously held a permit or licence which was suspended or cancelled by the Director of Fisheries? If yes, specify details:…………………………………………………………………… Reason for suspension/cancellation:…………………………………………………… Date of suspension/cancellation:………………………………………………………… 14. Do you have a valid permit or licence issued under the Fisheries Act, 2011? Permit/licence No. Type of Permit/ 15. Have you ever been convicted of an offence under the Fisheries Act, 2011? Are there which may lead to such a conviction? If yes, specify details:…………………………………………………………………… Nature of offence:……………………………………………………………………… Date of conviction:……………………………………………………………………… Sentence:………………………………………………………………………………… 16. STATUTORY DECLARATION I/We …………………………………………. do solemnly declare as follows: REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 REFERENCE NO:………………………. REQUEST FOR FURTHER INFORMATION/PARTICULAR To: (1)................................................................................................................. Address:.............................................................................................................. ............................................................................................................................ are hereby requested to furnish the following information and documents in respect of your application: (a)…………………………………………………………………….…………….. (b)……………………………………………………….………………….…. (c)……………………………………..…………………….……………………… (d)……………………………………………………………………………. within (2) …………………………….days of this Notice. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. Dated this ………….............…day of………………….. 20…………… ……………………………….. Director of Fisheries Form III (Regulation 22,31,(2)) 40 and 48 (2) (To be completed in duplicate) 1. Here insert name of applicant 2. Insert number of days 20th April, 2012 Statutory Instruments 119 Form IV (Regulation 23) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 PERMIT NO.:.…………………. SERIAL NO.: ………….……………… IMPORT PERMIT Name of holder:…………………………………………………………………………………… Address:…………………………………………………………………………………………………. YOU ARE HEREBY permitted to import the following ……………………………………...... for the purpose of ........................................................................................................................ ……………………….………………………….…………………………………………….…. This Permit is valid for a period of …………… from the ……………….. day of ……………., 20 ……………… The terms and conditions of the importation are attached herewith. Issued at ……………………… this …………… day of …………..………….., 20................. ….…………..……………………………………… Director of Fisheries This Permit is not valid unless the official seal of the Fisheries Department has been affixed. 120 Statutory Instruments 20th April, 2012 Form V (Regulation 24) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 PERMIT NO.:.…………………. SERIAL NO.: ………….……………… EXPORT PERMIT Name of holder:…………………………………………………………………………………… Address: ….............………………………………………………………………………………. YOU ARE HEREBY permitted to export the following ……….....……………………………. .............……………….………………………….…………………………………………….…. This Permit is valid for a period of …………… from the ……………….. day of……………., 20 ……………… The terms and conditions of the importation are attached herewith. Issued at ……………………… this …………… day of …………..………….., 20................. ….…………..……………………………………… Director of Fisheries This Permit is not valid unless the official seal of the Fisheries Department has been affixed. 20th April, 2012 Statutory Instruments 121 Form VI (Regulations 25, 31(3), 42 and 48(3)) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 Reference No.: ……………………………….. NOTICE OF REJECTION OF APPLICATION To (1) ……………………......………………………………………………..... ……………………………..……………………………………………………………..… You are hereby notified that your application for (2)…………….……………. has been rejected on the following grounds: (a)…………………………………………………….......................................... (b) …………………………………....………......................................………. (c) ….................................……………………………………………………… (d) …………………………………………………............................................ Dated this ………...................…day of……................….20…………………. .................................................... Director of Fisheries (1) Here insert the full names and address of applicant(2) Here insert type of application 122 Statutory Instruments 20th April, 2012 REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 PERMIT/LICENCE/REGISTRATION NO.: ……………………. NOTICE OF INTENTION TO SURRENDER PERMIT/LICENCE/REGISTRATION To the Director of Fisheries: I hereby notify your office that I intend to surrender my* permit/licence/registration on ………........................…… day of ………......….....…….. 20 …………… for the following reasons: (a)………………………………………………………………...................………….………..... (b)……………………………..………………………………………...............………………… (c)……………………………………………………………........................................................ (d)……………………………….………………………...................................………………….. Dated this ………………………………day of ………………….20……….………. ...................................................................................................................... Name(s) and signature(s) of Holder(s) of *permit/licence/registration· Delete as appropriate Form VII (Regulations 26(1), 34, 43 and 50(1)) 20th April, 2012 Statutory Instruments 123 Form VIII (Regulations 27, 44 and 51 APPLICATION FOR CONSENT TO TRANSFER PERMIT/LICENCE/REGISTR Please complete in block letters Shaded fields for official use only Reference No. Date and Time Information Required Information Provided 1. Permit/Licence/Registration No. 2. Current holder 3. (a) Name(s) of proposed holder(s) (b) Type of holder (tick as applicable) Individual Firm Co 4. Proposed holder’s Address Telephone: Fax: Email: 5. Appendix Minutes of relevant meeting Reasons for transferring/entering into agreement to transfer Copy of Agreement/letter to transfer Name of applicant (individual or authorised representative): ……………………………………… Date: ………………………………………………………………………………………………………… Signature: ………………………………………………………………………………………………… FOR OFFICIAL USE ONLY Received by: ………………………………………………………………... ……………… Officer D Receipt No.: ………………………………………………………………… Amount received: …………………………………………………………. OFF REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 124 Statutory Instruments 20th April, 2012 Form IX (Regulations 28 (1), 35(2), 45(1) and 52(1)) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 Permit/Licence/Registration No.: …………………………….. NOTICE OF INTENTION TO SUSPEND OR CANCEL *PERMIT/LICENCE/REGISTRATION To (1)…………………………………………………….......…......…………… ………………………………………………………………………………........... ............................................................................................................................ IN THE MATTER OF (2)……………………………….............. you are hereby notified that the Director of Fisheries intends to *suspend/cancel your *permit/licence/registration on the following grounds: (a)……………………....................................................................……………………………… (b)…………….....................................................................................................................…….. (c)……………............................................................................................……………… (d)…………………………………………………………………...……………… Accordingly, you are requested to take action to remedy the breaches set out in paragraphs…………………..........……..(above) within (3)……………………………days of receiving this Notice. Failure to remedy the said breaches shall result in the *suspension /cancellation of your permit/ licence/registration. Dated this …………………day of ……….…………………., 20……………… (4) ………………………..………………….. Director of Fisheries *Delete as appropriate (1) Here insert the full names and address of holder (2) Here insert the type of application (3) Here insert the number of days (4) Signature of Director of Fisheries 20th April, 2012 Statutory Instruments 125 REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 Permit/Licence/Registration No.: …………………………….. NOTICE OF SUSPENSION OR CANCELLATION OF *PERMIT/LICENCE/REGISTRATION To (1)…………………………........………………………......................……... ...................................................................................................................................................... ...................................................................................................................................................... IN THE MATTER OF (2)………………………………………..….............. you are hereby notified that your *permit/licence/registration has been *suspended/cancelled on the following grounds: (a)………………………………………………………………………………….……… (b)………………………………………………………………………………………….. (c)……………………………………………………………………………………….… (d)……………………………………………………………………………………...… Dated this …………… day of …….…………….., 20………….....… (3) …………………………..……………….. Director of Fisheries *Delete as appropriate (1) Here insert the full names and address of holder (2) Here insert the type of application (3) Signature o f Director o f Fisheries Form X (Regulations 28 (2), 35( 3), 45(2) and 52(2)) 126 Statutory Instruments 20th April, 2012 Form XI (Regulations 29, 36, 46 and 53) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 Permit/Licence/Registration No.: ………………………. NOTIFICATION OF CHANGE IN PARTICULARS To the Director of Fisheries: Holder’s Name:…………………………………………………………………........…………… Notice is hereby given that the following changes have occurred in respect of the particulars relating to my permit/licence/registration: Current Detail New Details The reason for the change is …………………………….………………………………........ …………………………………………..…………………………….……………………………………………….. Date at…………………………this…………… day of ………………..……., 20………..... Signed:……………………………. Name:…….................................… Witness: ………………………………………………………………….. Address: …………………………………………………………………. Occupation: ……………………………………………………………… 20th April, 2012 Statutory Instruments 127 APPLICATION FOR DUPLICATE PERMIT/LICENCE/REGIST Please complete in block letters Shaded fields for official use only Permit/Licence/ Registration No. Date and Time Information Required Information Provided 1. Name of applicant 2. (a) First Name(s) (b) Surname(s) of applicant(s) (c) Type of applicant (tick as applicable) Individual Firm 3. (a) Nationality of applicant(s) (b) National Registration Card No. (c) Passport No. Date of issue: Place of issue: Expiry date: 4. (a) Notification address: Telephone/Cell No. Fax No. Email address (b) Residential address 4. How was the permit/licence/registration lost or destroyed? (specify details) (Attach copy of affidavit or report of destruction) FOR OFFICIAL USE ONLY Received by: ………………………………………………………………... ……… Officer Receipt No.: ………………………………………………………………… Date received: ……………………………………………………………… Amount received: …………………………………………………………. Serial No. of application: ………………………………………………….. Form XII (Regulation 30, 37, 47 and 54 (To be completed in duplicate) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 128 Statutory Instruments 20th April, 2012 APPLICATION FOR SPECIAL FISHING LICE Please complete in block letters Shaded fields for official use only Reference No. Date and Time Information Required Information Provided INDIVIDUAL 1. (a) Forename(s) of applicant (b) Surname(s) of applicant(s) 2. (a) Nationality of applicant(s) (b) National Registration Card No. (c) Passport No. Date of issue: Place of issue: Expiry date: 3. (a) Notification address Telephone/Cell No. Fax No. Email address (b) Residential address FIRM 4. (a) Business name (b) Certificate of incorporation No. (c) TPIN No. (d) Business address Form XIII (Regulations 31 and 38) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 20th April, 2012 Statutory Instruments 129 GENERAL INFORMATION 5. Fishing area Location Fishing period S 6. Fishing equipment Type Preventive measures 7. Purpose of fishing 8. Presentation of product and type of treatment (state whether live, refrigerated, frozen, salted, smoked, preserved) 9. Packaging Type of Packaging Number of Packages N 10. Storage and transport Mode of transport Storage Te 11. Destination of product Place of dispatch Place of destination M 12. Names and details of consignee Name Address 13. Have you previously held a permit or licence which was suspended or cancelled by the Director of Fisheries? 14. Do you hold any other permit or licence under the Fisheries Act, 2011? Permit/Licence No. Type of Permit/Licence 15. Have you ever been convicted of an offence under the Fisheries Act, 2011? Are there any proc pending which may lead to such a conviction? If yes, specify details:……………………………………………………………………………… Nature of offence:………………………………………………………………………………… Date of conviction:………………………………………………………………………………… Sentence:…………………………………………………………………………………………… 16. STATUTORY DECLARATION I/We …………………………………………. do solemnly declare as follows: (a) that the information provided in this Form is correct and true; and (b) that my licence has never been suspended or cancelled. and I /we make this solemn declaration conscientiously believing the same to be true to knowledge and belief. …………………………………………………. ……………………… Applicant‘s signature Date FOR OFFICIAL USE ONLY Received by: ………………………………………………………………... ……………… Officer D Receipt No.: ………………………………………………………………… Date received: ……………………………………………………………… Amount received: …………………………………………………………. Serial No. of application: ………………………………………………….. OF S 130 Statutory Instruments 20th April, 2012 Form XIV (Regulation 32) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 LICENCE NO.:.…………………. SERIAL NO.: ………….……………… SPECIAL FISHING LICENCE Name of holder: ………………………….................…………………………………………… Address: ………………………........................…………………………………………………. YOU ARE HEREBY licenced to fish in the following areas ………………………………… for the purpose of ……………………….…….…………………………………………….…. ………………………………………………………………………………………………………………………….. This Licence is valid for a period of ………………. from the ………………. day of ……………………….., 20 ……………………. The terms and conditions of the licence are attached herewith. Issued at …………........……… this …………… day of …………..………….., 20................. ….…………..……………………………………… Director of Fisheries This Licence is not valid unless the official seal of the Fisheries Department has been affixed. 20th April, 2012 Statutory Instruments 131 REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 Form XV (Regulations 39) APPLICATION FOR REGISTRATION OF BOAT Please complete in block letters Shaded fields for official use only Reference No. Date and Time Information Required Information Provided INDIVIDUAL 1. (a) Forename(s) of applicant (b) Surname(s) of applicant(s) 2. (a) Nationality of applicant(s) (b) National Registration Card No. (c) Passport No. Date of issue: Place of issue: Expiry date: 3. (a) Notification address Telephone/Cell No. Fax No. Email address (b) Residential address FIRM 4. (a) Business name (b) Certificate of incorporation No. (c) TPIN No. (d) Business address (e) Postal address (f) Email address GENERAL INFORMATION 5. Purpose for which boat is to be registered 6. STATUTORY DECLARATION I/We …………………………………………. do solemnly declare as follows: (a) that the information provided in this Form is correct and true; and (b) that the registration of my boat has never been suspended or cancelled. FOR OFFICIAL USE ONLY Received by: ………………………………………………………………... ……… Officer Receipt No.: ………………………………………………………………… Date received: ……………………………………………………………… Amount received: …………………………………………………………. Serial No. of application: ………………………………………………….. 132 Statutory Instruments 20th April, 2012 Form XVI (Regulation 41) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 REGISTRATION NO.:.…………………. SERIAL NO.: ………….……………… REGISTRATION OF BOAT Name of owner of boat: ……………………………........………………………………………… Address: …………………………………………………......……………………………………. YOUR BOAT IS REGISTERED with the following details: Make Year made Colour Propelledby Capacity/Netweight Registration Authority This Registration is valid for a period of ………………………. from the ………………. day of ……………………….., 20 ……………………. The terms and conditions of the registration are attached herewith. Issued at ………………………… this …………… day of …………..………….., 20................. ….…………..……………………………………… Director of Fisheries This Registration is not valid unless the official seal of the Fisheries Department has been affixed. 20th April, 2012 Statutory Instruments 133 APPLICATION FOR AQUACULTURE LICENCE Please complete in block letters Shaded fields for official use only Reference No. Date and Time Information Required Information Provided INDIVIDUAL 1. (a) Forename(s) of applicant (b) Surname(s) of applicant(s) 2. (a) Nationality of applicant(s) (b) National Registration Card No. (c) Passport No. Date of issue: Place of issue: Expiry date: 3. (a) Notification address Telephone/Cell No. Fax No. Email address (b) Residential address FIRM 4. (a) Business name (b) Certificate of incorporation No. (c) TPIN No. (d) Business address (e) Postal address (f) Email address GENERAL INFORMATION 5. Area(s) in which aquaculture is to be done 6. State the species of organisms to be cultivated REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 Form XVII (Regulations 48(1)) 134 Statutory Instruments 20th April, 2012 9. Have you conducted an Environmental Impact Study? If yes, provide a copy of the decision letter from the Zambia Environmental Management Agency 10. Do you have water rights from the Water Resources Management Authority? If yes, attach copy. 11. State the proposed source of brood stock, post larvae, juveniles or other form of seed(including name and address of each proposed supplier and the stage of development of the organisms to procured Proposed source (brood stock, post larvae, etc Supplier Name Address 12. State the type of aquaculture for which licence is required (a) Ornamental breeding for export (b) Angling in dams (c) Small earthen ponds (urban/peri-u than 3t/year (d) Medium/large ponds (e) Culture of exotics (f) Cage culture/pen/tank/recirculat (g) Fish hatchery 13. State proposed/current aquaculture facilities established Total number of ponds Total area of ponds Total number and volume of tanks Total number of cages/pens Total volume of cages 14. State the specific site at which aquacultures is/will be conducted (provide as much detail as possible describing the location, dimensions, legal descriptions, overall area, map) 15. State the expected/current 17. STATUTORY DECLARATION I/We ……………………………………………………………………….……. do solem (a) that the information provided in this Form is correct and true; and (b) that my licence has never been suspended or cancelled. and I /we make this solemn declaration conscientiously believing the same to my/our knowledge and belief. …………………………………………………. ………………… Applicant‘s signature Date FOR OFFICIAL USE ONLY Received by: ………………………………………………………………... ………… Officer Receipt No.: ………………………………………………………………… Date received: ……………………………………………………………… Amount received: …………………………………………………………. Serial No. of application: ………………………………………………….. 20th April, 2012 Statutory Instruments 135 Form XVIII (Regulation 49) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 22 of 2011) The Fisheries Regulations, 2011 LICENCE NO.:.…………………. SERIAL NO.: ………….……………… AQUACULTURE LICENCE This Licence is granted to (name of holder): ……………………………………………………. of ………………………………………...………………………………………………………. to undertake aquaculture, specifically the cultivation of …………………………………… ……………………………………………….……………………………............................….… for a period of ……………………………………….. from the ………………………..day of ……………………., 20……………………… The terms and conditions of the Licence are attached herewith. Issued at ……………………… this …………… day of …………..………….., 20................. ….…………..……………………………………… Director of Fisheries This Licence is not valid unless the official seal of the Fisheries Department has been affixed. E. CHENDA, Minister of Agriculture and Livestock Lusaka 19th March, 2012 [DFH/64/9/1C] 136 Statutory Instruments 20th April, 2012