THE FISHERIES ACT, 2011
ARRANGEMENT OF SECTIONS

Section

PART I
PRELIMINARY

1. Short title
2. Interpretation
PART II
DEPARTMENT OF FISHERIES
3. Director of Fisheries and other staff
4. Functions of Department
5. Honorary fisheries officers
6. Powers of authorised officers
7. Power to carry out tests and to take statistics
8. Release, seizure and destruction
9. Arrest without warrant
10. Obstruction of authorised officer or honorary fisheries officer
11. Immunity
12. General principles of management
13. Fisheries development measures
14. Fisheries management measures
PART III
PROTECTION OF FISH
15. Prohibited methods of fishing
16. Fish processing and storage vessels
17. Importation of fishing gear
18. Power to restrict methods of fishing
19. Restriction on introduction of fish
Fisheries [ No. 22 of 2011 379
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K20,000 each.
20. Power to control introduction and spread of fish disease
21. Offences related to fish disease
22. Emergency measures
23. Import of fish or fish product
24. Importation for scientific, educational or research purposes
25. Export of fish or fish product
PART IV
FISHERIES MANAGEMENT AREAS
26. Declaration of fisheries management area
27. Restriction on fishing in fisheries management area
28. Fisheries management plan
29. Fisheries management committee
30. Functions of fisheries management committee
31. Misuse of money of committee
32. Submission of report and minutes
33. Zone and village fisheries management committee
PART V
SPECIAL FISHING AREAS
34. Prescribed areas
35. Special fishing licence
PART VI
COMMERCIAL FISHING
36. Declaration of commercial fishing area
37. Registration of boats
38. Boat identification marks
39. Declaration of fisheries reserves
PART VII
AQUACULTURE
40. Prohibition of engaging in aquaculture without licence
41. Application for licence
42. Aquaculture licence
43. Conditions of aquaculture licence
380 [ No. 22 of 2011 Fisheries
44. Restriction on transfer of licence
45. Environmental impact assessment
46. Inspection of proposed site for aquacutlure
47. Prohibition of interfering with aquaculture facility
48. Restriction on use of chemicals, etc. in aquaculture facility
49. Cancellation and suspension of licence
50. Appeal against suspension or cancellation of licence
51. Aquaculture Development Plan
52. Aquaculture regulations
PART VIII
THE FISHERIES AND AQUACULTURE DEVELOPMENT FUND
53. Establishment of Fisheries and Aquaculture Development Fund
54. Administration of Fund
55. Application of moneys of Fund
56. Statement of income and expenditure
PART IX
GENERAL PROVISIONS
57. Mutual legal assistance
58. Offences committed outside Zambia
59. Extraditable offences
60. General offences
61. General penalty
62. Offences by body corporate or unincorporate body
63. Forfeiture provisions on conviction
64. Cancellation of licence or permit by court order
65. Conduct of prosecution
66. Trespass upon private property
67. Regulations
68. Repeal of Cap. 200
SCHEDULE

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Fisheries [ No. 22 of 2011 381 An Act to provide for the appointment of the Director of Fisheries and fisheries officers and provide for their powers and functions; promote the sustainable development of fisheries and a precautionary approach in fisheries management, conservation, utilisation and development; establish fisheries management areas and fisheries management committees; provide for the regulation of commercial fishing and aquaculture; establish the Fisheries and Aquacuture Development Fund; repeal and replace the Fisheries Act, 1974; and provide for matters connected with, or incidental to, the foregoing
[18th April, 2011
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY
1. This Act may be cited as the Fisheries Act, 2011.
2. In this Act, unless the context otherwise requires—
“ 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 fifty-one;
“ aquaculture facility ” means any equipment,construction,
enclosure, place or area, whether on land or in water, in
which aquaculture is conducted;
Short title
Interpretation
Enactment
Fisheries [ No. 22 of 2011 383
GOVERNMENT OF ZAMBIA
ACT
No. 22 of 2011
Date of Assent: 15th April, 2011
“ authorised officer ” means the Director, an officer of the
Department of Fisheries authorised by the Director and
any other person authorised, in writing, by the Director;
“ boat ” means any water craft, whether powered or
unpowered, used for, or in connection with, commercial
fishing, but does not include a canoe;
“ 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;
“ committee ” means a fisheries management committee
constituted under section twenty-nine;
“ community resources board ” has the meaning assigned to
it in the Zambia Wildlife Act, 1998;
“ conveyance ” means an aircraft, ship, boat, vessel, train,
vehicle, carriage, cart or other conveyance of whatever
kind, including the fittings and equipment of the conveyance;
“ Department ” means the Department of Fisheries;
“ Director ” means the person appointed as such under section
three;
“ disease ” means a deviation from the state of complete
physical or social well being of an organism involving a
well defined set of symptoms and ichthyology that leads to
an impairment of the organism’s normal function;
“ ecologically sustainable development ” means using,
conserving and enhancing the fisheries resources and fish
habitats so that—
(a) the ecological processes on which life depends
are maintained; and
(b) the total quality of life, both now and in the
future, can be improved;
“ Environmental Management Agency ” has the meaning
assigned to it in the Environmental Management Act, 2011;
“environmental impact assessment” has the meaning assigned
to it in the EnvironmentalManagement Act, 2011;
“ fish ” means any vertebrate fish alive or dead and any part
thereof, whether or not preserved in any form, and includes
fin, shell fish, the young and eggs but does not include a
genetically modified organism;
384 [ No. 22 of 2011 Fisheries
Act No. 12
of 1998
Act No.12
of 2011
Act No. 12
of 2011
“ fish product ” means any product or part thereof, including
oil, obtained by fish processing and intended for use as
human food, animal feed or raw material ingredient in the
manufacture of other commodities of commercial or
ornamental value;
“ fishing ” includes any act directed at or intended for the
harvesting, taking, killing or injuring of any fish;
“ fishing gear ” means any instrument, equipment, net, cork,
buoy or other article including any part thereof used for
purposes of fish finding, congregating fish or fishing;
“ 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 twenty-six;
“ fisheries management plan ” means a plan for the
management and development of a fisheries management
area prepared pursuant to section twenty-eight;
“ fishery waters ” means water in any river, stream,
watercourse, lake, lagoon, swamp, pond,dam or reservoir,
whether natural or man-made, but does not include water
in aquaria or ornamental ponds unconnected with any
natural water;
“ Fund ” means the Fisheries and Aquaculture Development
Fund established under section fifty-three;
“ game management area ” has the meaning assigned to it in
the Zambia Wildlife Act, 1998;
“ genetically modified organisms” has the meaning assigned
to it in the Biosafety Act, 2007
“ honorary fisheries officer ” means any person appointed
as such under section five;
“ Local Forest ” has the meaning assigned to it in the Forests
Act;
“ National Forest ” has the meaning assigned to it in the
Forests Act;
“ National Park ” has the meaning assigned to it in the Zambia
Wildlife Act, 1998;
“ precautionary approach ” means the principle that, if there
is a threat of serious or irreversible environmental damage,
lack of scientific certainty should not be used as a reason
to postpone measures to prevent environmental degradation,
or possible environmental degradation, because of the
threat;
Fisheries [ No. 22 of 2011 385
Act No. 12
of 1998
Cap. 199
Cap. 199
Act No. 12
of 1998
Act No. 7
of 2007
“ prescribed area ” means such area as may be prescribed
by the Minister for the purpose of this Act; and
“ weir ” means any fence, bank or similar obstruction erected
in or across water for the purpose of taking fish, obstruction
of free fish movement or migration, and includes any basket
traps or similar devices therein.
PART II
DEPARTMENT OF FISHERIES
3. (1) The Public Service Commission shall appoint, as public
officers, a Director, a Deputy Director, fisheries officers and such
other staff, for the Department within the Ministry responsible for
fisheries development, as shall be necessary for the proper
administration of this Act.
(2) The Director shall be responsible for the administration of
this Act and the exercise of the Department’s functions as provided
under this Act.
(3) The Director may, in writing, delegate the exercise of any
of the powers and functions conferred upon the Director by this
Act to such authorised officers as the Director may think fit.
(4) The Director may, in writing, revoke or vary any delegation
made, under subsection (3), of any power included in the delegation
instrument.
(5) The Minister may, by statutory order, confer any power
and any duties of an authorised officer under this Act, on any public
officer or class of public officers.
4. (1) The functions of the Department are to—
(a) conserve, manage and develop fishery resources and
waters in a sustainable manner;
(b) manage, develop and protect aquaculture, aquatic
vegetation and fish habitats;
(c) take such measures as are necessary for the protection
of fish stocks from the effects of pollution and from any
other effects which are harmful or potentially harmful
to fish stocks;
(d) regulate the conduct of fishing operations including
aquaculture and operations ancillary thereto;
Director of
Fisheries and
other staff
386 [ No. 22 of 2011 Fisheries
Functions of
Department
(e) manage, control and eliminate diseased fisheries resources;
(f) take appropriate measures, in consultation with the
Environmental Management Agency, for the safeguard
against extinction of protected species;
(g) issue, vary, suspend and revoke any permits and licences
for fishing, equipment used for fishing, aquaculture and
other activities for which permits or licences are required
under this Act;
(h) ensure the fair access to fisheries resources for
commercial, recreational and indigenous use;
(i) conduct and support fisheries research and development;
(j) allocate money from the Fund;
(k) create an environment of cooperation and consultation
with other public institutions so as to enable the other
public institutions to perform their functions that impact
on this Act,within the context of this Act and the ambit
of their respective powers and functions;
(l) liaise or interface with similar organs in other countries or
international institutions dealing with fisheries
conservation and management; and
(m) perform any other functions as are necessary or incidental
to the carrying out of its functions under this Act.
(2) The Director shall, in carrying out the functions of the
Department, as specified under subsection (1)—
(a) promote a community-based natural resource management
approach in respect of fisheries management;
(b) facilitate and simplify the issuance of licences and permits
to those who are entitled to them;
(c) create a climate of cooperation with communities and
organs of civil society so as to encourage them to
cooperate with the Department in the application and
implementation of this Act;
(d) ensure the uniform application of this Act;
(e) ensure the efficient and effective operation of the
Department;
Fisheries [ No. 22 of 2011 387
(f) administer the prescribed fees, fines and other payments
that the Department exacts or receives in such a manner
as to defray the overall cost of the Department’s
operations; and
(g) conduct any other activity specified under this Act or that
is necessary for or conducive to its implementation.
(3) The functions of the Director are to—
(a) supervise and control the manner, extent and conditions
of producing, harvesting, treating, transporting and selling
of fisheries resources;
(b) ensure that economic efficiency is taken into account in
developing management arrangements for fisheries
resources;
(c) supply or support fisheries educational programs and codes
of practice for fisheries management;
(d) examine and advise the Minister on issues affecting
fisheries resources and fish habitat;
(e) examine and advise the Minister on the administration of
this Act and make any recommendations the Director
considers appropriate;
(f) assess fish stocks and collect statistics including details
of catches;
(g) maintain a record of fishing boats, their masters, captains,
crew and any other person working on them;
(h) monitor and control fishing operations; and
(i) perform any other functions conferred on the Director
under this Act.
5. (1) The Minister may, in consultation with the Director, by
notice in the Gazette, on such terms and conditions as the Minister
may specify in the notice, appoint any person to be an honorary
fisheries officer.
(2) The appointment of an honorary fisheries officer may be—
(a) general, so that the honorary fisheries officer is empowered
to act in any part of the Republic, including any fishery
waters as may be specified in the instrument of
appointment; or
388 [ No. 22 of 2011 Fisheries
Honorary
fisheries
officers
(b) limited, so that the honorary fisheries officer is empowered
to act in areas of their residence including any fishery
waters as may be specified in the instrument of
appointment.
(3) Subject to the other provisions of this Act and to the terms
of the instrument of appointment, an honorary fisheries officer shall,
within the terms of appointment, exercise the functions and perform
the duties of an authorised officer.
6. (1) Subject to, and for the purposes of, this Act, an authorised
officer may—
(a) at any reasonable time, enter upon and inspect any land,
tent, conveyance, fish processing establishment,
aquaculture facility, building or premises where any fish
or fish product may be found or processed, or where
any traps, weirs, stakes, fences or other contrivances
may be found for the purposes of inspection and data
collection;
(b) open and examine any container, conveyance, package
or wrapping suspected to contain any fish or fish product,
to ensure sanitary compliance;
(c) inspect any fish or fish product destined for import into or
export from Zambia to determine whether the
consignment is sanitary compliant;
(d) inspect and examine any conveyance which the authorised
officer has reasonable grounds to believe is transporting
any fish or fish product to ensure sanitary compliance;
(e) require the person in charge of any conveyance entering
in Zambia to furnish a list of the names of all persons in
the conveyance and such other prescribed information
as it is within the power of such person to furnish;
(f) search any person whom the authorised officer has
reasonable grounds to believe is carrying any fish or
fish product or carrying out activities contrary to this
Act;
(g) require any person to produce for inspection any fish, fish
product, net, trap, line, poison, document, explosive,
appliance, article, device or anything in relation to or in
connection with which, the authorised officer has reason
to believe, an offence has been committed or is likely to
be committed;
Fisheries [ No. 22 of 2011 389
Powers of
authorised
officers
(h) seize any fish, fish product, net, trap, line, poison, explosive,
appliance, equipment, device or material in connection
with which an offence appears to have been committed;
(i) apply or order the application of measures which are
necessary or prescribed for the control or prevention of
the spread of a disease;
(j) destroy or order the destruction at any time of any fish or
fish product which is diseased, moved or used contrary
to the provisions of this Act;
(k) order the adoption of measures prescribed to ensure the
protection of fish; and
(l) seize or order the seizure of a conveyance carrying any
fish or fish product in contravention of this Act or any
other law.
(2) An owner of any land, building or premises or of any
conveyance shall afford an authorised officer access thereto and
shall give such information and provide such reasonable assistance
as the authorised officer may require for the purposes of data
collection and carrying out an inspection.
(3) An authorised officer may, in the performance of any
functions under this section, be accompanied and assisted by a
police officer.
(4) An authorised officer may, in the course of an inspection
carried out under this section—
(a) seize, re-call, destroy, detain, or otherwise dispose of any
fish or fish product or order that any such action be
taken, at the expense of the owner;
(b) obtain any sample of any fish or fish product as the
authorised officer considers necessary;
(c) order any person to produce for inspection, or for purposes
of obtaining extracts or copies, any book, document or
other information concerning any matter relevant to the
administration of this Act;
(d) suspend one or more activities or temporarily, partially or
completely close an inspected premises; and
(e) suspend or withdraw any permit or licence issued under
this Act.
390 [ No. 22 of 2011 Fisheries
(5) Where an authorised officer detains, disposes of or destroys
any fish or fish product under subsection (1) or (4), the authorised
officer shall, as soon as is practicable, notify in writing, the owner
of the fish or fish products of the steps taken and the reasons
therefor.
(6) Where—
(a) at any place within Zambia, any fish, fish product or
conveyance is infected or is suspected of being infected
with any disease; or
(b) any fish, fish product or conveyance has been introduced
into any place in Zambia without the permit required for
such introduction, or having been introduced under a
permit is moved or dealt with otherwise than in
accordance with such permit;
an authorised officer may make such order as the authorised officer
considers necessary for all or any of the following purposes:
(i) to direct that such fish, fish product or conveyance be
seized or detained;
(ii) to direct that such fish, fish product or conveyance be
disposed of or destroyed, as the case may be; or
(iii) to direct that such fish, fish product or conveyance be
dealt with in such manner as is considered necessary
to prevent the spread of any disease.
(7) A person who contravenes an order made pursuant to this
section commits an offence and is liable, upon conviction, to a fine
not exceeding three hundred thousand penalty units or to
imprisonment for a period not exceeding three years, or to both.
(8) Where a person fails or refuses to do anything which that
person is required to do under an order made under this section, an
authorised officer may do or cause such thing to be done.
(9) The cost of anything which an authorised officer does or
causes to be done under subsection (8) shall be recoverable by the
Director from the person who failed or refused to comply with the
order.
(10) The Government shall not be liable for any loss or damage
which occurs to any property during an act of seizure by an
authorised officer or whilst the property is detained under this Act
unless the authorised officer caused the damage negligently,
maliciously or fraudulently.
Fisheries [ No. 22 of 2011 391
7. (1) An authorised officer may, for the purposes of this Act—
(a) take or cause to be taken from any fish or fish product,
any sample or specimen;
(b) take or cause to be taken from a building, place or
conveyance, any sample or specimen; and
(c) apply such other tests as the authorised officer considers
necessary.
(2) An authorised officer may, for the purpose of obtaining
fish statistics, weigh, measure and check any fish, and any person
in charge of the fish shall, on demand being made to that person by
an authorised officer produce such fish to the authorised officer
for that purpose.
8. (1) Where an authorised officer reasonably believes that it
is not necessary to destroy any fish or fish product seized, the
authorised officer shall—
(a) release the fish or fish product, to its lawful owner; or
(b) release the fish or fish product, to its lawful owner on
conditional payment of any charges incurred, in
connection with its impounding or other measures taken
by the authorised officer.
(2) An authorised officer shall, at the time of release referred
to in subsection (1), by order in writing, require an owner of any
fish or fish product, to take measures to eliminate any risk associated
with a disease.
9. (1) An authorised officer may arrest a person, without
warrant, where the authorised officer has reasonable grounds to
believe that the person—
(a) has committed an offence under this Act;
(b) is about to commit an offence under this Act and there is
no other way to prevent the commission of the offence;
or
(c) is willfully obstructing the authorised officer in the execution
of the authorised officer’s duties.
(2) An authorised officer who makes an arrest under subsection
(1) shall, without undue delay, have the person so arrested brought
before a court of competent jurisdiction to be dealt with accordingly.
392 [ No. 22 of 2011 Fisheries
Power to
carry out
tests and to
take statistics
Release,
seizure and
destruction
Arrest
without
warrant
Fisheries [ No. 22 of 2011 393
10. A person who—
(a) wilfully delays or obstructs an authorised officer or an
honorary fisheries officer in the carrying out of their
duties;
(b) knowingly or negligently gives an authorised officer or an
honorary fisheries officer false or misleading information
orally, in writing or otherwise; or
(c) impersonates or falsely represents oneself to be an
authorised officer, or to be a person acting under an
authorised officer’s orders;
commits an offence and is liable, upon conviction, to a fine not
exceeding one hundred thousand penalty units or to imprisonment
for a period not exceeding one year, or to both.
11. An action shall not lie against an authorised officer or an
honorary fisheries officer in respect of any act done by the authorised
officer or honorary fisheries officer in good faith and without
negligence in the execution of the powers vested in them under
this Act.
12. In exercising powers under and in relation to this Act, the
Minister, Director or persons to whom the Minister or Director, as
the case may be, has delegated their responsibilities under this Act,
shall have regard to—
(a) the principle that the country’s aquatic environment shall
be managed as an asset for succeeding generations;
(b) the need to apply the precautionary approach to the
utilisation, management, development and conservation
of the fisheries resources and waters taking into account
the best scientific evidence available;
(c) the utilisation of the country’s fisheries resources and
aquaculture development to achieve a sound ecological
balance;
(d) any relevant obligations under applicable rules of
international law or international agreements;
(e) the need to achieve optimum utilisation and ecologically
sustainable development of fisheries resources;
(f) the need to conserve fisheries living resources for both
present and future generations;
Obstruction
of authorised
officer or
honorary
fisheries
officer
Immunity
General
principles of
management
394 [ No. 22 of 2011 Fisheries
(g) the need to utilise fisheries living resources to achieve
economic growth, human resource development,
capacity building within fisheries, employment creation
and a sound ecological balance;
(h) the need to protect the ecosystem as a whole, including
species which are not targeted for exploitation;
(i) the need to preserve biodiversity in fishery waters;
(j) the need to minimise pollution of fishery waters; and
(k) the need to achieve to the extent practicable a broad and
accountable participation in the decision-making
processes provided for in this Act.
13. The Director shall, in co-operation with other appropriate
agencies and other departments of Government, promote the
development of fisheries, fish culture and related industries
through—
(a) providing extension and training services;
(b) conducting research and surveys;
(c) promoting co-operation among fishermen;
(d) providing infrastructure facilities; and
(e) stocking waters with fish and supplying fish for stocking.
14. (1) The Minister may, by notice in the Gazette, impose any
of the following measures:
(a) closed seasons for designated areas, species of fish or
methods of fishing;
(b) prohibited fishing areas for all or designated species of
fish or methods of fishing;
(c) limitations on the methods or fishing gear, including mesh
sizes of nets, that may be used for fishing;
(d) limitations on the amount, size, age and other
characteristics and species or composition of species of
fish that may be caught, landed or traded;
(e) regulate the landing of fish and provide for the management
of fish landing areas;
(f) control the introduction into, or harvesting or removal from
any fishery waters of any acquatic plant; and
(g) any other measures that are necessary for the proper
management of fishery.
Fisheries
development
measures
Fisheries
management
measures
Fisheries [ No. 22 of 2011 395
(2) Where the use of any fishing gear is prohibited in any area,
the Minister may, by notice in the Gazette, prohibit the possession
of the fishing gear in that area.
(3) A person who contravenes the provisions of a notice issued
under this section commits an offence and is liable, upon conviction,
to a fine not exceeding two hundred thousand penalty units or to
imprisonment for a period not exceeding two years, or to both.
PART III
PROTECTION OF FISH
15. (1) A person shall not—
(a) use, or have in that person’s possession, any explosive
or firearm for fishing;
(b) possess, use, attempt or cause to be used for fishing, any
trawl net or bottom drag net or other fishing net of similar
nature;
(c) alter or interfere with the natural configuration of the terrain
or cause any such alteration or interference in such a
manner as to enable the isolation from the main water
of any fish in subsidiary water, whether or not such
isolation takes place immediately or through the natural
rise or fall of the water;
(d) fish by means of any net towed through the water behind
or between boats, or by driving or directing fish towards
a stationary net;
(e) set any net across the width of any river, channel or lagoon,
measured from bank to bank;
(f) permit to be used, use, or attempt to use any poison or
other noxious substance for the purpose of killing,
stunning, injuring, disabling or catching fish, or in any
way rendering fish more easily caught;
(g) carry or have in that person’s possession or control any
explosive, firearm, poison, chemical or other noxious
substance in circumstances indicating an intention of
using such substance for any of the purposes referred
to in paragraph (f);
(h) use any electrical device for fishing or carry or have in
that person’s possession or control, or have on board
any conveyance, an electrical device in circumstances
which indicate an intention to use it for fishing;
Prohibited
methods of
fishing
(i) use equipment for fishing which does not conform to any
standard prescribed for that type of fishing equipment,
including any net or trap the mesh size of which does
not conform to the prescribed minimum mesh size for
that type of net or trap either generally or in a prescribed
area;
(j) use any weir or fishing equipment which is prohibited under
this Act; or
(k) use for fishing, fishing nets that are of a number and size
exceeding that which is permitted under this Act.
(2) Any explosive, firearm, poison, chemical or other noxious
substance found in or on any person, fishing boat, or fishing
equipment in a commercial fishing area shall be presumed, unless
the contrary is proved, to be intended for the purposes referred to
in subsection (1).
(3) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding three hundred
thousand penalty units or to imprisonment for a period not exceeding
three years, or to both.
16. (1) A person shall not permit to be anchored a fish processing
and storage vessel which does not conform to the sanitary standards
for vessels used for such purposes in any commercial fishing area.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.
17. (1) A person shall not import, manufacture or trade in
any fishing gear or equipment which is prohibited by this Act.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.
18. The Minister may, where it appears to the Minister that
any method of fishing is likely to prove unduly destructive under
any circumstances, by order, in respect of any area, for a period to
be stated in such order—
(a) prohibit the use of such method; or
(b) subject the use of such method to such conditions as the
Minister may consider appropriate.
396 [ No. 22 of 2011 Fisheries
Fish
processing
and storage
vessels
Importation
of fishing
gear
Power to
restrict
methods of
fishing
19. (1) A person shall not without the written permission of
the Director—
(a) introduce or cause to be introduced into any water any
fish of a species not native either to the water into which
it is introduced or to other waters naturally connected
therewith;
(b) import into the Republic any live fish;
(c) stock, cause to be stocked or attempt to stock any fishery
waters or any part thereof with live fish;
(d) translocate, transfer, cause to be translocated or attempt
to translocate live fish from one fishery area to another
or from one place to another; or
(e) land fish or attempt to land fish at any site other than at
the designated landing site.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both.
20. Where at any place within or outside Zambia there exists,
or is suspected to exist, any disease which is likely to affect fish in
Zambia, the Minister or Director may make such order as the
Minister or Director considers necessary for all or any of the
following purposes:
(a) to prohibit or prevent the introduction of the disease from
such place into Zambia or any part of Zambia;
(b) to prohibit or regulate the entry and movement of any
fish, fish product or conveyance within or out of any
part of Zambia named in the order;
(c) to regulate the quarantine, isolation, disinfection or
treatment of any fish, fish product or conveyance in any
part of Zambia named in the order;
(d) to prohibit or regulate the sale of any fish or fish product
and control agricultural show grounds, stock markets
or sale yards in any area specified in the order; or
(e) to provide for the establishment of check points on roads
and such other areas as may be necessary to control
diseases.
Fisheries [ No. 22 of 2011 397
Restriction
on
introduction
of fish
Power to
control
introduction
and spread of
fish disease
21. A person who—
(a) unlawfully communicates a disease to live fisheries
resources or fish habitat;
(b) unlawfully sells any fish or fish product knowing the fish
or fish product is infected with or contains a disease;
(c) leaves any fish or fish product in a place knowing the fish
or fish product is infected with or contains a disease;
(d) unlawfully brings any fish or fish product into the Republic
knowing the fish or fish product is infected with or
contains a disease;
commits an offence and is liable, upon conviction, to a fine not
exceeding five hundred thousand penalty units or to imprisonment
for a period not exceeding five years, or to both.
22. The Director may, where an emergency occurs that
endangers or may endanger stocks of fish or aquatic life, or any
species or class of fish or aquatic life in any fishery or part of a
fishery—
(a) suspend all or any of the fishing in that fishery or any
specified part of it;
(b) restrict the number of boats fishing in that fishery;
(c) restrict the mass of fish which may be taken from that
fishery; or
(d) specify or order the taking of such measures as may be
necessary.
23. (1) A person shall not import any fish or fish product without
an import permit issued by the Director.
(2) The Minister may, by statutory instrument, provide for the
prohibition, restriction and regulation of the importation of any fish
and fish product.
(3) Without derogating from the generality of subsection (1),
the Minister may, by regulation—
(a) provide for the disinfection or treatment of any imported
fish or fish product, or their containers;
(b) designate ports of entry, routes and methods of
transportation;
(c) provide for the detention of any fish or fish product which
is imported and the measures to be taken during the
detention;
398 [ No. 22 of 2011 Fisheries
Offences
related to fish
disease
Emergency
measures
Import of
fish or fish
product
(d) provide for the imposition and recovery of fees for
disinfecting or treating any fish or fish product, which is
imported; and
(e) provide for the disposal of any imported fish or fish product
in respect of which prescribed fees are not paid and of
the proceeds resulting from their disposal.
24. The Minister may, in consultation with the Director, authorise
the entry of any fish or fish product for scientific or research
purposes, subject to such terms and conditions as the Minister may
consider necessary.
25. (1) A person shall not export any fish or fish product
without an export permit issued by the Director.
(2) The Minister may, by statutory instrument, prohibit the export
of any fish or fish product from Zambia, or any part of Zambia, in
general or to one or more designated countries of destination, unless
and until all regulations with regard to their export have been
complied with.
(3) The Minister may, by statutory instrument, make regulations
for the purposes of regulating and controlling the export of any fish
or fish product from Zambia or any part of Zambia and prescribing
the fees to be paid.
(4) The Minister shall take into account, in the regulations
prescribed under subsections (2) and (3), the requirement to fulfill
international treaties and agreements and the requirements of the
countries of destination.
PART IV
FISHERIES MANAGEMENT AREAS
26. (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 a fisheries management area or order the area to
cease to be a fisheries management area.
Fisheries [ No. 22 of 2011 399
Importation
for
scientific,
educational
or research
purposes
Export of
fish or fish
product
Declaration
of fisheries
management
area
(3) Where a fisheries management area is in a Local Forest,
National Forest or 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.
27. Except as otherwise provided by this Act, any person who,
without a fishing licence, fishes in any fisheries management area
commits an offence and is liable, upon conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a period not exceeding three years, or to both.
28. (1) The Director shall, in consultation with a committee
appointed under section twenty-nine, 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) identify 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 the effective
management and development of the fishery;
(d) determine fishing quotas, the amount of fish which may
be harvested and the number of fishing licences which
may be issued in respect of the fishery, in any fishing
season;
(e) identify any possible adverse effects that fishing 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
Management Act, 2011;
(f) specify 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
(g) where necessary, identify and recommend any international
cooperation that may be needed to achieve the
management and development objectives of the 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.
400 [ No. 22 of 2011 Fisheries
Restriction
on fishing in
fisheries
management
area
Fisheries
management
plan
Act No. of
2011
(4) Where a fisheries management area includes any waters
where any fish endemic in the Republic are found, the Director
shall, before preparing a fisheries management plan for the area—
(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 the authorities
referred to in paragraph (a) in relation to the endemic
fish.
(5) A fisheries management plan shall be reviewed and revised
as necessary.
(6) A 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.
29. (1) The Minister may, by statutory instrument, appoint a
committee for a fisheries management area declared under section
twenty-six:
Provided that where the fisheries management area is
in a game management area, the Minister shall appoint the
committee in consultation with the community resources
board for that area.
(2) A committee appointed under subsection (1) shall
comprise—
(a) six representatives from the local riparian fishing
community who shall be elected by the local community;
(b) a 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;
(d) one representative of a non-governmental organisation
operating in the fisheries management area;
(e) one representative of the commercial fishing operators in
the area;
(f) one representative from the acquaculture industry; and
(g) two other persons.
Fisheries [ No. 22 of 2011 401
Fisheries
management
committee
(3) The Minister shall appoint the Chairperson and ViceChairperson of a committee from among the members of the
committee.
(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 had notice;
(b) upon the member’s death;
(c) if the member is adjudged bankrupt;
(d) if the member becomes mentally or physically incapable
of performing the duties of a member of the committee;
or
(f) if the member is convicted of an offence under this Act or
any other written law and sentenced therefor to
imprisonment for a period 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 the secretary to a committee.
(7) The Minister may dissolve a committee constituted under
subsection (1) if satisfied that the committee—
(a) has mismanaged the natural resources in the fisheries
management area; or
(b) has engaged in activities which are inconsistent with their
functions.
(8) Where the Minister dissolves a committee under subsection
(7), the assets of the committee shall become the property of the
State and;
(9) The provisions of the Schedule apply to a committee.
30. (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 subsection (1), a
committee shall have power to—
402 [ No. 22 of 2011 Fisheries
Functions of
fisheries
management
committee
(a) negotiate, in conjunction with the Director, co-management
agreements with industrial fishing companies operating
in the fisheries management 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 its
jurisdiction;
(d) cooperate with the Department 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 the fisheries management
area under its jurisdiction;
(f) recommend to the Director the measures, plans and
programmes required for fisheries development in the
fisheries management area under its jurisdiction;
(g) monitor the development of aquaculture in the fisheries
management area under its jurisdiction;
(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 twenty-eight in accordance
with such regulations as the Minister may, by statutory instrument,
prescribe.
31. A person who misuses or misappropriates any money
belonging to a committee—
(a) is liable to a surcharge; and
(b) commits an offence and is liable, upon conviction, to a
fine not exceeding one hundred thousand penalty units
or to imprisonment for a period not exceeding twelve
months, or to both.
Fisheries [ No. 22 of 2011 403
Misuse of
money of
committee
32. 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.
33. (1) The Director may, under a fisheries management
committee, appoint a zone and village fisheries management
committee for the purpose of fisheries and aquaculture development
in the area.
(2) The Minister may, by statutory instrument, provide for—
(a) the composition, functions and procedure of the zone and
village fisheries management committees; or
(b) any other matters necessary for purposes of the zone and
village fisheries management committees.
PART V
SPECIAL FISHING AREAS
34. (1) The Minister may, for the purposes of recreational,
subsistence or research fishing, by statutory order, declare any
area of water to be a prescribed area and shall in such order specify
for which of the purposes the area is so declared.
(2) The Minister may, in respect of any area designated as a
prescribed area under subsection (1), regulate the method of fishing
to be used in the prescribed area and may prohibit the use of nets.
35. (1) Notwithstanding the provisions of this Act, the Director
may, upon such conditions as the Director may consider necessary,
and upon payment of such fee as may be prescribed, grant to any
person, or persons collectively, a special fishing licence which shall
authorise the holder thereof to fish in any specified area or specified
waters for any of the following purposes:
(a) scientific research or the collection of specimens for
aquaria, museums and similar institutions;
(b) collecting live fish for stocking specified waters;
(c) the supply of food in cases of emergency if no other
adequate food supply is available; or
(d) experiment subject to the direction of the Director.
(2) A special fishing licence may authorise the holder to fish
by any means or method of fishing subject to such conditions as
the Director may consider necessary to impose.
404 [ No. 22 of 2011 Fisheries
Submission of
report and
minutes
Zone and
village fisheries
management
committee
Prescribed
areas
Special
fishing
licence
PART VI
COMMERCIAL FISHING
36. (1) The Minister may, by statutory order, declare any area
of water to be a commercial fishing area.
(2) The Minister may, in respect of any commercial fishing area
declared as such under subsection (1), make regulations—
(a) prohibiting, restricting or regulating fishing;
(b) controlling the methods of fishing;
(c) prescribing that during any period of the year it shall be an
offence to fish whether generally or for any particular
species of fish;
(d) prescribing the licences to be held by any person fishing
in a commercial fishing area; and
(e) prescribing the records to be kept, and the information to
be provided, by any person fishing in a commercial
fishing area.
37. (1) A person shall apply to the Director for the registration
of the boat intended to be used by the person for the purpose of
commercial fishing in the prescribed manner and form upon payment
of a prescribed fee.
(2) A person who fails to register a boat commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a period not exceeding
two years, or to both.
38. (1) A boat registered under the provisions of this Act shall
be allocated a number or identification mark corresponding to the
number or identification mark entered in the register.
(2) The number or identification mark of a boat shall be clearly
painted on the hull of such boat in such manner as the Minister
may prescribe.
39. (1) The Minister may, in consultation with the Director, a
committee, a local authority and the chief, by notice in the Gazette,
declare any area of a commercial fishing area as a fisheries reserve
if the Minister considers that special measures are necessary to—
(a) preserve the aquatic environment;
Fisheries [ No. 22 of 2011 405
Declaration
of
commercial
fishing area
Registration
of boats
Boat
identification
marks
Declaration
of fisheries
reserves
(b) protect, preserve or rehabilitate the fish habitat, related
ecosystems including wetlands, lakes, lagoons, nursery
and spawning areas, which are essential to maintaining
the integrity of an ecosystem, species or assemblages
of species;
(c) promote re-generation of fish stocks; or
(d) protect fisheries resources and their environment from
destruction, degradation, pollution and any other adverse
impacts through human activities that threaten their
health and viability.
(2) A person shall not, in a fisheries reserve declared under
subsection (1), without the written permission of the Director—
(a) engage in any activity for fishing; or
(b) dredge or extract any material or discharge or deposit
any waste or other polluting matter or in any other way
destroy, disturb or interfere with the natural environment
of fish and related ecosystems.
(3) The Minister may, where the sustainable utilisation of fish
is threatened, by notice in the Gazette, prohibit or limit the number
of licences that may be issued in respect of any one or both types
of regulated fishing gear either in general or in respect of a particular
area or for a specified period.
PART VII
AQUACULTURE
40. (1) Subject to section forty one, a person shall 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 (1) commits an
offence and is liable, upon conviction, to a fine not exceeding
three hundred thousand penalty units or to imprisonment for a period
not exceeding three years, or to both.
41. (1) An application for a licence to engage in aquaculture
shall be made to the Director or such other officer designated for
that purpose by the Director in the prescribed manner and form
and shall be accompanied by a prescribed fee, an environmental
impact assessment report prepared pursuant to section forty-five
and such other information as may be prescribed.
406 [ No. 22 of 2011 Fisheries
Prohibition
of engaging in
aquaculture
without
licence
Application
for licence
(2) The Director shall, within sixty days of receiving an
application, reject the application if the application does not meet
the requirements of this Act and shall notify the applicant stating
the reasons for the rejection.
(3) An applicant for a licence who is aggrieved by a decision
of a Director not to grant the licence under subsection (2) may
appeal to the Minister, subject to a further appeal to the High
Court within thirty days of receiving the notification.
42. (1) The Director shall, within thirty days of receiving an
application for a licence under section forty-one, issue a licence,
subject to any condition specified under section forty-three.
(2) Subject to section forty-three, a licence issued under this
section shall be valid for such period as may be specified therein.
(3) An aquaculture licence confers on the holder thereof
exclusive rights to harvest the products of the aquaculture facility
named in the licence within the area specified in the licence.
(4) A holder of an aquaculture licence may, at least three months
before its expiry, apply for the renewal of the licence.
43. 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 the aquaculture facility;
(c) intended to promote sanitary conditions in the handling of
fish and in the preparation and processing of fisheries
and fish products;
(d) to prevent the escape of fish from an aquaculture facility;
(e) to prevent and control the spread of diseases of fish;
(f) to regulate the marketing of fish and fish 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;
Fisheries [ No. 22 of 2011 407
Aquaculture
licence
Conditions
of
aquaculture
licence
(i) respecting the control and monitoring of the 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
(k) prescribed by regulations under section fifty-two.
44. An aquaculture licence shall 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.
45. A person who intends to engage in aquaculture shall conduct
an environmental impact assessment in accordance with the
provisions of the Environmental Management Act, 2011, and
prepare a report thereon for the purposes of this Act.
46. 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.
47. (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 of an aquaculture facility, 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 any product
of an aquaculture facility.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.
408 [ No. 22 of 2011 Fisheries
Restriction
on transfer
of licence
Environmental
impact
assessment
Act No. of
2011
Inspection
of
proposed
site for
aquaculture
Prohibition
of
interfering
with
aquaculture
facility
48. (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 or for the disinfection of any
equipment used in an aquaculture facility, except a drug, chemical
or substance approved by the Director for such purpose in
consultation with the Environmental Management Agency.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding one
hundred thousand penalty units or to imprisonment for a period not
exceeding one year, or to both.
49. (1) The Director may cancel or suspend an aquaculture
licence where—
(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 this
Act or any conditions of the licence.
(2) 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 within
such period as may be specified in the notice.
(3) Where a licence is suspended or cancelled on the grounds
specified in paragraph (a) of subsection (1), the fees or such
proportion of the fees paid for the licence representing the unexpired
period of that licence shall be reimbursed to the licence holder
within sixty days of such suspension or cancellation.
50. Any licence holder who is aggrieved by a decision of the
Director to suspend or cancel the licence under section forty-nine
may appeal to the Minister, subject to a further appeal to the High
Court, within thirty days of receiving the notification of the suspension
or cancellation of the licence.
51. (1) The Director shall, in consultation with a committee,
prepare an Aquaculture Development Plan for the sustainable
development of aquaculture in Zambia, for the approval of the
Minister.
(2) The Aquaculture Development Plan shall be for a period
of three years and shall be designed to promote the sustainable
development of aquaculture in accordance with sound principles
of fisheries management.
Fisheries [ No. 22 of 2011 409
Restriction
on use of
chemicals,
etc. in
aquaculture
facility
Cancellation
and
suspension
of licence
Appeal
against
suspension
or
cancellation
of licence
Aquaculture
Development
Plan
(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 of water which
is suitable for aquaculture and the type of aquaculture
for which the area is suitable;
(e) a description of suitable methods for undertaking any type
of aquaculture;
(f) the identification of suitable or unsuitable species of fish
for aquaculture; and
(g) any other matter concerning aquaculture which the
Director considers appropriate.
52. The Minister may, by statutory instrument, make regulations
to—
(a) prescribe the forms to be used for an application for an
aquaculture licence under this Part;
(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
applications under this Part;
(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.
410 [ No. 22 of 2011 Fisheries
Aquaculture
regulations
PART VIII
THE FISHERIES AND AQUACULTURE DEVELOPMENT FUND
53. (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 percent 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.
54. The Fund shall be vested in the Minister responsible for
finance and shall be managed and administered by the Minister
responsible for fisheries.
55. The Ministers referred to in section fifty-four 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.
56. The Ministers referred to in section fifty-four shall cause
an annual statement of income and expenditure relating to the Fund
to be prepared and laid before the National Assembly.
PART IX
GENERAL PROVISIONS
57. The Mutual Legal Assistance in Criminal Matters Act
applies to offences under this Act, except where the provisions of
that Act are inconsistent with this Act.
58. (1) This Act shall have effect within as well as outside
Zambia and notwithstanding where any offence is committed by
any person, that person may be dealt with in respect of such offence
as if it has been committed within Zambia.
(2) Any proceedings against any person under this section
which would be a bar to subsequent proceedings against such person
for the same offence, if such offence had been committed in
Zambia, shall be a bar to further proceedings against that person
under any written law for the time being in force relating to the
extradition of persons, in respect of the same offence outside
Zambia.
Fisheries [ No. 22 of 2011 411
Establishment
of Fisheries
and
Aquaculture
Development
Fund
Administration
of Fund
Application
of
moneys of
Fund
Statement of
income and
expenditure
Mutual legal
assistance
Cap. 98
Offences
committed
outside
Zambia
59. An offence under this Act shall be deemed to be an
extraditable offence under the provisions of the Extradition Act.
60. A person who—
(a) without reasonable excuse has in that person’s possession
or deals in any fish or fish product taken contrary to the
provisions of this Act;
(b) contravenes any restriction, condition or order made under
this Act;
(c) transfers any licence or permit issued under this Act
without the prior written consent of the Director;
(d) casts adrift or otherwise interferes with any fishing
equipment or aquaculture facility;
(e) places any object in any fishery waters or aquaculture
facility, or undertakes any activity in a manner so as to
obstruct a valid fishing or aquaculture operation being
carried out by another person;
(f) destroys, damages, displaces or alters the position of any
fishing equipment, aquaculture facility or any buoy, float
or other marker attached to it;
(g) removes fish from any fishing equipment belonging to
some other person without the consent of that person;
(h) dumps or allows to enter or permits to be dumped or
discharged in fishery waters anything which is or may
be injurious to fish, or which may disturb or alter the
ecological balance in such waters, or hinders the catching
of fish;
(i) without reasonable excuse, fails to furnish any information
required under this Act or provides false or misleading
information;
(j) conceals or destroys any fish, fish product, fishing
equipment and aquaculture equipment, explosive,
firearm, poison, noxious substance, chart, log, document
or other thing with intent to avoid the seizure thereof or
the detection of any offence under this Act; or
(k) alters or defaces any licence or permit issued under this
Act;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.
412 [ No. 22 of 2011 Fisheries
Extraditable
offences
Cap. 94
General
offences
61. A person who is convicted of an offence under the provisions
of this Act is, unless some other penalty is specifically provided
therefor, liable to a fine not exceeding one hundred thousand penalty
units or to imprisonment for a period not exceeding one year, or to
both.
62. Where an offence under this Act is committed by a body
corporate or unincorporate body, every director or manager of the
body corporate or unincorporate body shall be liable, upon conviction,
as if the director or manager has personally committed the offence,
unless the director or manager proves to the satisfaction of the
court that the act constituting the offence was done without the
knowledge, consent or connivance of the director or manager or
that the director or manager took reasonable steps to prevent the
commission of the offence.
63. (1) Upon the conviction of any person of an offence
under this Act, the court may, in addition to any other penalty
imposed, declare the fish, fish products, net, trap, line, poison,
explosive, firearm, appliance or device or subject to subsections
(2) to (8), any conveyance with which the offence was committed,
or which was used in, or for the purpose of, or in relation to, or in
connection with, the commission of the offence, to be forfeited to
the State without compensation and shall order the same to be
disposed of as the State considers fit.
(2) Where the prosecution requests a declaration of forfeiture
in respect of any conveyance, the court shall make an order, to the
effect that unless any person other than the convicted party claims,
under this section, any right of ownership in the conveyance within
three months of the date referred to in subsection (5), the prosecution
may apply to the court, ex parte, for a declaration for forfeiture
under subsection (1), and the court shall make the declaration.
(3) Upon the making of an order under subsection (2), the
Director shall, within one month thereafter, cause to be published
in the Gazette and in at least one daily newspaper of general
circulation in the place where the offence was committed, a notice
of the making of the order, which notice shall be in the prescribed
form, or if no such form is prescribed, in a form approved by the
court.
(4) If under any written law requiring the registration of any
conveyance referred to in subsections (1) and (2), the conveyance
is registered in Zambia in the name of any person other than the
person convicted, the Director shall, within seven days after
Fisheries [ No. 22 of 2011 413
General
penalty
Offences by
body
corporate or
unincorporate
body
Forfeiture
provisions
on
conviction
publication of the notice in the Gazette, cause a copy to be sent by
registered post in a sealed envelope addressed to the person at the
address appearing on the register, and the registration of the letter
shall be conclusive evidence of service of the notice upon such
person.
(5) Any person who claims any right of a conveyance may,
within three months after the making of the order referred to in
subsection (2), serve upon the Director and lodge with the clerk of
the court an application in writing for the discharge of the order
setting out the claim of ownership in the conveyance, whereupon
the clerk of the court shall fix a date, not less than one month after
the lodgement of the application for a hearing and shall, within
seven days after the lodgement, cause notice of the hearing of the
application to be served upon the Director.
(6) In any proceedings brought under subsection (5), the burden
of proof shall be on the applicant and no order discharging the
order shall be made unless the applicant has adduced evidence and
proved to the satisfaction of the court that the applicant was not in
any way privy to the offence and that the conveyance was, at the
time of the commission of the offence, being used for such purpose
without the knowledge or consent of the applicant and without any
negligent disregard on the part of the applicant, of its use by the
convicted person.
(7) Where, upon an application made under subsection (5),
the court is satisfied that the conveyance is owned jointly by the
claimant and the convicted party, or is the subjectmatter of a
hirepurchase agreement between the claimant and the convicted
party, and the claimant has discharged the burden of proof referred
to under subsection (6), the court shall declare forfeited all of the
estate or interest of the convicted person in and to the conveyance,
or all of the rights therein accrued to that person under the hire
purchase agreement or pursuant to the Hire Purchase Act and
order the estate, or interest or rights to be disposed of as the State
may consider fit.
(8) Except with the consent of the State, any right vested in
any claimant under any hirepurchase agreement or pursuant to the
Hire Purchase Act to repossess any conveyance which is subject
to an order made under subsection (2), shall be suspended pending
the determination of any application brought under subsection (5),
and in the event of the court declaring the rights therein accrued to
the convicted party to be forfeited, the accrued right to repossess
the conveyance shall not be exercisable against the State.
414 [ No. 22 of 2011 Fisheries
Cap. 399
Cap. 399
64. Where a person is convicted of an offence under this Act,
the court may order that any licence or permit held by such person
under the provisions of this Act be cancelled and that such person
shall not be issued with any further licence or permit for such period
not exceeding six months as it may deem fit.
65. The Director or any authorised officer may, subject to the
directions of the Director of Public Prosecutions, conduct a
prosecution for an offence under this Act and shall for that purpose
have the powers of a prosecutor appointed under the National
Prosecution Authority Act, 2010.
66. Nothing contained in this Act shall affect the liability in
trespass of any person who enters upon the land of another person
for the purpose of fishing without the permission of the owner or
occupier thereof.
67. (1) The Minister may, by statutory instrument, make
regulations for the better carrying into effect of the provisions of
this Act.
(2) Without prejudice to the generality of subsection (1),
regulations under that subsection may make provision for—
(a) anything which by this Act may or is required to be
prescribed;
(b) the registration of boats used for commercial fishing;
(c) the procedure to be followed and the records to be kept
by a committee;
(d) the methods of fishing in any prescribed area;
(e) the control, management and improvement of any
commercial fishing area;
(f) the methods of curing, preserving, processing or storing of
fish at any commercial fishing area;
(g) the fees to be paid for anything to be done under this Act;
(h) the trade in and the sale and export of fish;
(i) the forms to be used for any application, permit, licence or
other document issued or kept under the provisions of
this Act;
(j) the keeping of records of fish taken under licence or
removed from the Republic or exported;
Fisheries [ No. 22 of 2011 415
Cancellation
of licence or
permit by
court order
Conduct of
prosecution
Act No. 34
of 2010
Trespass
upon private
property
Regulations
(k) the regulation and control of aquaculture;
(l) the regulation and control of 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 document to be
issued in respect of a fisheries management area;
(n) the keeping of records or requiring the provision of
statistical and other information relating to a fisheries
management area by a committee or any person
authorised to carry on any activity under this Act;
(o) establishing and regulating community-based or other
decentralised fisheries management and any aspect of
their operation;
(p) financial management and the granting or delegating of
power to any person, class or group of persons to enforce
or implement regulations relating to fisheries
conservation and management;
(q) the control, development and management of any fisheries
management area including the development,
establishment and implementation of integrated
community projects among communities within fisheries
management areas; and
(r) making or giving any order or direction generally for the
better carrying out of the purposes of this Act.
(3) Any regulations made under this section may provide that
any person who contravenes or fails to comply with such regulations
commits an offence under this Act and is liable, upon conviction, to
a fine not exceeding three hundred thousand penalty units or to
imprisonment for a period not exceeding three years, or to both.
68. (1) The Fisheries Act, 1974, is hereby repealed.
(2) Notwithstanding subsection (1), any permit or licence issued
under the repealed Act shall be valid for a period of six months
after which the holder thereof shall apply for a permit or licence,
as the case may be, in accordance with the provisions of this Act.
416 [ No. 22 of 2011 Fisheries
Repeal of
Cap. 200
Act No. 21 of
1974
SCHEDULE
(Section 29(8))
ADMINISTRATION
1. (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 called upon 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;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of both the Chairperson and the ViceChairperson, 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.
(7) A committee may invite any person whose presence in its
opinion is desirable to attend and to participate in the deliberations
of a meeting of the 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 the appointment of any member
or by reason that any person not entitled so to do, took part in the
proceedings.
Fisheries [ No. 22 of 2011 417
Proceedings of
committee
(9) A committee shall cause minutes to be kept of the
proceedings of every meeting of the committee.
2. (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 subparagraph (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 with the 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 subparagraph (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 31st 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.
418 [ No. 22 of 2011 Fisheries
Financial
provisions
relating to
Fund