CHAPTER 200 - FISHERIES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Fisheries (Fishing Licence Fees) Regulation

Fisheries Regulations

FISHERIES (FISHING LICENCE FEES) REGULATION

[Section 21]

[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Special fishing licence

   3.   Fishing fees for commercial areas

   4.   Aquaculture licence fees

   5.   Import and export fees

   6.   Conveyance fees

   7.   Revocation of S.I. No. 21 of 1997

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

SI 59 of 2008,

SI 84 of 2019.

1.   Title

These Regulations may be cited as the Fisheries (Fishing Licence Fees) Regulations, 2008.

2.   Special fishing licence

The fees payable for any activity relating to the special fishing licence are as set out in the First Schedule to these Regulations.

3.   Fishing fees for commercial areas

The fees payable in respect of a fishing licence issued for the purpose of fishing in a commercial area are as set out in the Second Schedule to these Regulations.

4.   Aquaculture licence fees

The fees payable in respect of any aquaculture activity are as set out in the Third Schedule to these Regulations.

5.   Import and export fees

The fees payable for importing or exporting fish are as set out in the Fourth Schedule to these Regulations.

6.   Conveyance fees

The fees payable for the conveyance of fish are as set out in the Fifth Schedule to these Regulations.

7.   Revocation of S.I. No. 21 of 1997

The Fisheries (Fishing Licence Fees) Regulations, 1997, are hereby revoked.

FIRST SCHEDULE

[Regulation 2]

⁴SPECIAL FISHING LICENCE FEES

SECOND SCHEDULE

[Regulation 3]

[Second Sch am by reg 2 of SI 84 of 2019.]

COMMERCIAL FISHING AREAS

FISHING LICENCE FEES

THIRD SCHEDULE

[Regulation 4]

AQUACULTURE FEES

FOURTH SCHEDULE

[Regulation 5]

[Fourth Sch subs by reg 3 of SI 84 of 2019.]

FISH IMPORT AND EXPORT FEES

FIFTH SCHEDULE

[Regulation 6]

[Fifth Sch subs by reg 4 of SI 84 of 2019.]

CERTIFICATE OF ORIGIN/FISH MOVEMENT PERMIT

FISHERIES REGULATIONS

[Section 67]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   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

   15.   Handling fish products on shore

   16.   Conditions for processed fish products

   17.   Prevention of parasites and moulds

   18.   Package, 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 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 VIIA
COMMERCIAL LICENCES

   55A. Prohibition of commercial fishing without licence

   55B. Application for commercial fishing licence

   55C. Grant or rejection of commercial fishing licence

   55D. Request for further information and particulars

   55E. Surrender of commercial fishing licence

   55F. Cancellation and suspension of commercial fishing licence

   55G. Change of particulars of commercial fishing licence

   55H. Application for duplicate commercial fishing licence

   55I. Commercial fishing licence

   55J. Display of licences

PART VIII
GENERAL PROVISIONS

   56.   Register

   57.   General penalty

   58.   Revocation of S.I. Nos. 107 of 1976, 24 of 1986 and 55 of 1986

      FIRST SCHEDULE

      SECOND SCHEDULE

Act 22 of 2011,

SI 24 of 2012,

SI 62 of 2014,

SI 76 of 2017,

SI 85 of 2019,

SI 109 of 2020.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Fisheries Regulations, 2012.

2.   Interpretation

In these Regulations, unless the context otherwise requires-

"commercial fishing area"  means an area designed 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, handing, 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.   Prohibited fishing areas

   (1) A person shall not fish in any commercial fishing area specified in the First Schedule.

   (2) The restriction imposed in sub-regulation (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.

4.   Prohibited fishing period

   (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 sub-regulation (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 sub-regulation (1) shall apply during the period described in the third column of the First Schedule.

5.   Prohibited nets

   (1) A person shall not use for fishing, without the approval of the Director, in a commercial fishing area set out in the First Schedule, any of the nets specified in the second column of that Schedule.

[Reg 5(1) subs by reg 2 of SI 109 of 2020.]

   (2) The restriction imposed in sub-regulation (1) shall apply only to the extent described in the third column of the First Schedule.

6.   Restricted fishing equipment

   A person shall not, without the approval of the Director-

   (a)   introduce fishing gear or equipment in a commercial fishing area for the purpose of fishing; and

   (b)   construct an industrial fishing vessel for the purpose of fishing kapenta.

[Reg 6 subs by reg 3 of SI 109 of 2020.]

7.   Prohibited fishing methods

A person shall not fish in any commercial fishing area using Kutumpula or any of the fishing methods specified in section 15 of the Act.

8.   Prohibition of use of pesticides

A person shall not use any pesticides as a means of curing, preserving, processing or storing fish.

9.   Control of movement of fish

   (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.

PART III
FISH AND FISH PRODUCTS

10.   Design of industrial vessels and equipment

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

   (d)   a suitable number of toilets and changing rooms.

11.   Areas for preparation and freezing of fish and fish products

An area used for the preparation and freezing of fish and fish products shall have the following facilities:

   (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.   Requirements during and after landing of fish

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;

CHAPTER 200 - FISHERIES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Fisheries (Fishing Licence Fees) Regulation

Fisheries Regulations

FISHERIES (FISHING LICENCE FEES) REGULATION

[Section 21]

[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Special fishing licence

   3.   Fishing fees for commercial areas

   4.   Aquaculture licence fees

   5.   Import and export fees

   6.   Conveyance fees

   7.   Revocation of S.I. No. 21 of 1997

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

SI 59 of 2008,

SI 84 of 2019.

1.   Title

These Regulations may be cited as the Fisheries (Fishing Licence Fees) Regulations, 2008.

2.   Special fishing licence

The fees payable for any activity relating to the special fishing licence are as set out in the First Schedule to these Regulations.

3.   Fishing fees for commercial areas

The fees payable in respect of a fishing licence issued for the purpose of fishing in a commercial area are as set out in the Second Schedule to these Regulations.

4.   Aquaculture licence fees

The fees payable in respect of any aquaculture activity are as set out in the Third Schedule to these Regulations.

5.   Import and export fees

The fees payable for importing or exporting fish are as set out in the Fourth Schedule to these Regulations.

6.   Conveyance fees

The fees payable for the conveyance of fish are as set out in the Fifth Schedule to these Regulations.

7.   Revocation of S.I. No. 21 of 1997

The Fisheries (Fishing Licence Fees) Regulations, 1997, are hereby revoked.

FIRST SCHEDULE

[Regulation 2]

⁴SPECIAL FISHING LICENCE FEES

SECOND SCHEDULE

[Regulation 3]

[Second Sch am by reg 2 of SI 84 of 2019.]

COMMERCIAL FISHING AREAS

FISHING LICENCE FEES

THIRD SCHEDULE

[Regulation 4]

AQUACULTURE FEES

FOURTH SCHEDULE

[Regulation 5]

[Fourth Sch subs by reg 3 of SI 84 of 2019.]

FISH IMPORT AND EXPORT FEES

FIFTH SCHEDULE

[Regulation 6]

[Fifth Sch subs by reg 4 of SI 84 of 2019.]

CERTIFICATE OF ORIGIN/FISH MOVEMENT PERMIT

FISHERIES REGULATIONS

[Section 67]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   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

   15.   Handling fish products on shore

   16.   Conditions for processed fish products

   17.   Prevention of parasites and moulds

   18.   Package, 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 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 VIIA
COMMERCIAL LICENCES

   55A. Prohibition of commercial fishing without licence

   55B. Application for commercial fishing licence

   55C. Grant or rejection of commercial fishing licence

   55D. Request for further information and particulars

   55E. Surrender of commercial fishing licence

   55F. Cancellation and suspension of commercial fishing licence

   55G. Change of particulars of commercial fishing licence

   55H. Application for duplicate commercial fishing licence

   55I. Commercial fishing licence

   55J. Display of licences

PART VIII
GENERAL PROVISIONS

   56.   Register

   57.   General penalty

   58.   Revocation of S.I. Nos. 107 of 1976, 24 of 1986 and 55 of 1986

      FIRST SCHEDULE

      SECOND SCHEDULE

Act 22 of 2011,

SI 24 of 2012,

SI 62 of 2014,

SI 76 of 2017,

SI 85 of 2019,

SI 109 of 2020.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Fisheries Regulations, 2012.

2.   Interpretation

In these Regulations, unless the context otherwise requires-

"commercial fishing area"  means an area designed 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, handing, 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.   Prohibited fishing areas

   (1) A person shall not fish in any commercial fishing area specified in the First Schedule.

   (2) The restriction imposed in sub-regulation (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.

4.   Prohibited fishing period

   (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 sub-regulation (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 sub-regulation (1) shall apply during the period described in the third column of the First Schedule.

5.   Prohibited nets

   (1) A person shall not use for fishing, without the approval of the Director, in a commercial fishing area set out in the First Schedule, any of the nets specified in the second column of that Schedule.

[Reg 5(1) subs by reg 2 of SI 109 of 2020.]

   (2) The restriction imposed in sub-regulation (1) shall apply only to the extent described in the third column of the First Schedule.

6.   Restricted fishing equipment

   A person shall not, without the approval of the Director-

   (a)   introduce fishing gear or equipment in a commercial fishing area for the purpose of fishing; and

   (b)   construct an industrial fishing vessel for the purpose of fishing kapenta.

[Reg 6 subs by reg 3 of SI 109 of 2020.]

7.   Prohibited fishing methods

A person shall not fish in any commercial fishing area using Kutumpula or any of the fishing methods specified in section 15 of the Act.

8.   Prohibition of use of pesticides

A person shall not use any pesticides as a means of curing, preserving, processing or storing fish.

9.   Control of movement of fish

   (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.

PART III
FISH AND FISH PRODUCTS

10.   Design of industrial vessels and equipment

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

   (d)   a suitable number of toilets and changing rooms.

11.   Areas for preparation and freezing of fish and fish products

An area used for the preparation and freezing of fish and fish products shall have the following facilities:

   (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.   Requirements during and after landing of fish

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;