CHAPTER 200 - FISHERIES ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Fisheries (Fishing Licence Fees) Regulation
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
3. Fishing fees for commercial areas
7. Revocation of S.I. No. 21 of 1997
SI 59 of 2008,
SI 84 of 2019.
These Regulations may be cited as the Fisheries (Fishing Licence Fees) Regulations, 2008.
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.
The fees payable in respect of any aquaculture activity are as set out in the Third Schedule to these Regulations.
The fees payable for importing or exporting fish are as set out in the Fourth Schedule to these Regulations.
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.
[Regulation 2]
4SPECIAL FISHING LICENCE FEES
1.Collection of ornamental fish for aquaria | Fee Units |
All licensed fisheries | 28,000 per annum |
2. Fisheries Research Permits: | |
(a) non-resident student | 28,000 per annum |
(b) resident student | 2,800 per annum |
(c) individual researcher (no-resident) | 56,000 per annum |
(d) individual researcher (resident) | 2,800 per annum |
3.Institutional Research Permits: | |
(a) foreign institution | 100,000 per annum |
(b) local institution | 56,000 per annum |
4.Collection of Research Specimens: | |
(a) variety of live specimens up to 30 | 16,000 per annum |
(b) variety of dead specimens up to 30 | 8,300 per annum |
(c) additional specimen (live) | 30 each |
(d) additional specimen (dead) | 30 each |
(e) mono species specimen live up to 30 | 8,300 per annum |
(f) additional specimen (live) | 30 each |
(g) mono specimen (dead) up to 30 | 8,300 per annum |
(h) additional mono specimen (dead) | 30 each |
(i) endangered species | Prohibited |
(j) rare species | 555 each |
[Regulation 3]
[Second Sch am by reg 2 of SI 84 of 2019.]
COMMERCIAL FISHING AREAS
FISHING LICENCE FEES
1. Persons resident in Zambia: | Fee Units |
(a) Kafue Fishery from Chunga Lagoon toKafue Gorge Dam | 555 per annum |
(b) Kafue Fishery from Itezhi-tezhi dam to the | 555 per annum |
(c) Lukanga Fishery | 445 per annum |
(d) Lake Kariba Fishery | 555 per annum |
(e) Bangweulu Fishery | 555 per annum |
(f) Mweru-Luapula Fishery | 555 per annum |
(g) Mweru-Wantipa Fishery | 555 per annum |
(h) Upper Zambezi Fishery | 280 per anuum |
(i) Lake Tanganyika Fishery | 555 per annum |
(j) Lower Zambezi Fishery | 416 per annum |
(k) Luangwa Fishery | 280 per annum |
(l) Chisense Fishing (Mweru-Luapula- Bangweulu) | 680 per annum |
(m) Chisense Fishing (Mweru-Wa-Ntipa) | 830 per annum |
(n) Kapenta Fishing (artisanal): | |
(i) Lake Tanganyika | 555 per annum |
(ii) Lake Itezhi-tezhi | 556 per annum |
(iii) Lake Kariba (Artisanal) | 830 per annum |
(o) Lusemfwa River (Angling only) | 280 per annum |
(p) Lusiwashi Fishery | 280 per annum |
(q) Chambeshi River Fishery | 556 per annum |
(r) Kabompo River Fishery | 280 per annum |
(s) Supper Upper Zambezi Fishery | 333 per annum |
(t) Supper Upper Kafue Fishery | 338 per annum |
(u) Itezhi-tezhi Fishery | 556 per annum |
(v) other fishery areas not mentioned above | 280 per annum |
(w) rod and fishing (all fishery areas) | 110 per month |
2. Persons non-resident in Zambia (in all fishery areas) | 1666 per annum |
3. Fishing groups or co-operatives (Zambians) | 11,000 per annum |
4. Companies: | |
(a) Lake Kariba Fishery per fishing rig | 11,111 per annum |
(b) Lake Tanganyika fishery per fishing unit | 27,777 per annum |
(c) Lake Tanganyika (Nsumbu Area) | 13,888 per annum |
(d) Lake Itezhi-Tezhi Kapenta fishing | 16,666 per unit |
5. Sport Fishing: | |
(a) Sport Fishing (organizers) | 13,800 per annum |
(b) Sport Fishing (individual participation) | 1,500 per annum |
6. Recreation Fishing: | |
(a) Persons resident in Zambia__ | |
(i) under the age of 18 years | 138 per month |
(ii) under the age of 18 years | 830 per annum |
(iii) of the age of 18 years and above | 280 per month |
(iv) of the age of 18 years and above | 1,666 per annum |
(b) person not resident in Zambia | 2,800 per month |
7. Institution angling permits: | |
(a) lodges and campus | 9,700 per annum |
(b) aquaculture facility | 2,800 per annum |
8. Institutional angling permits for hotels: | |
(a) with a capacity of 20 beds | 12,200 per annum |
(b) with a capacity of 21 beds or more | 15,200 per annum |
(c) fishing competitions | 4,160 per week |
[Regulation 4]
AQUACULTURE FEES
Fee Units | |
1. Ornamental breeding for export | 16,600 per annum |
2. Angling in dams 30 per day | |
3. Fish farming licence: | |
(a) small pond producing less than 3 tonnes | 55 per annum |
(b) large pond: | |
(i) producing 3 to 5 tonnes | 166 per annum |
(ii) producing 5 to 100 tonnes | 277 per annum |
(iii) producing over 100 tonnes | 550 per annum |
(c) culture of exotic fish (already in production) | 27,800 per annum |
(d) cage culture/pen culture/re-circulation system: | |
(i) producing less than 1 tonne | 55 per annum |
(ii) producing 1 to 5 tonnes | 556 per annum |
(iii) producing 5 to 100 tonnes | 1,111 per annum |
(iv) producing over 100 tonnes | 2,777 per annum |
4. Fish hatchery permits: | |
(a) hatchery producing less than 10,000 fingerlings | 277 per annum |
(b) hatchery producing 10 to 50,000 fingerlings | |
(c) hatchery producing over 50,000 fingerlings | 2,777 per annum |
[Regulation 5]
[Fourth Sch subs by reg 3 of SI 84 of 2019.]
FISH IMPORT AND EXPORT FEES
1. Fish Export Permit (International Health Certificate) |
||
Fish Type | Fish Weight Bands/Unit | Fee Units |
Dead fish | Fish weighing less than 1kg but not more than or equal to 250kg | 333 |
Fish weighing more than 250kg but less than or equal to 1,000kg | 500 |
|
Fish weighing more than 1,000kg | 833 |
|
Ornamental fish | Per piece | 200 |
Mounted trophy | Each | 280 |
2. Import Permit |
||
Live fish | Per piece | 3 |
Dead fish (Kapenta) | Fish weighing less than 1kg but not more than or equal to 250kg | 333 |
Fish weighing more than 250kg but less than or equal to 1,000kg | 500 |
|
Fish weighing more than 1000kg | 833 |
|
Dead fish (other species) | Fish weighing less than 1kg but not more than or equal to 250kg | 666 |
Fish weighing more than 250kg but less than or equal to 1,000kg | 100 |
|
Fish weighing more than 1,000kg | 1,666 |
[Regulation 6]
[Fifth Sch subs by reg 4 of SI 84 of 2019.]
CERTIFICATE OF ORIGIN/FISH MOVEMENT PERMIT
Fish Type | Fish Weight Bands | Fee Units |
Dry fish | Fish weighing less than 1kg and not more than or equal to 250kg | 333 |
Fish weighing more than 250kg but less than or equal to 1,000kg | 500 |
|
Fish weighing more than 1,000kg | 833 |
|
Fresh fish | Fish weighing less than 1kg and not more than or equal to 250kg | 666 |
Fish weighing more than 250kg but less than or equal to 1,000kg | 1,000 |
|
Fish weighing more than 1,000kg | 1,666 |
[Section 67]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
PART II
REGULATION OF FISHING
6. Restricted fishing equipment
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
PART IV
IMPORT AND EXPORT PERMITS
20. Application for import permit
21. Application for export permit
22. Request for further information and particulars
25. Rejection of application for 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
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
42. Rejection of application for 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
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
PART VIII
GENERAL PROVISIONS
58. Revocation of S.I. Nos. 107 of 1976, 24 of 1986 and 55 of 1986
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
These Regulations may be cited as the Fisheries Regulations, 2012.
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
(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.
(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.
(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.]
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;
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(c) signs prohibiting smoking, spitting, eating and drinking shall be displayed in prominent and conspicuous spots in the area used for landing fish; and
(d) the area shall be closeable and be kept closed in the manner determined by the Department.
13. General conditions for fish factory
Any factory, equipment and premises used for keeping or storing fish shall have the following facilities:
(a) working areas of sufficient size for work to be carried out under hygienic conditions;
(b) the layout and design shall separate the clean and dirty parts of the factory in order to prevent contamination of the fish or fish product;
(c) the cold rooms used for storing fish and fish products shall be kept at appropriate temperatures as prescribed by the Zambia Bureau of Standards;
(d) appropriate facilities for protection against pests such as insects, rodents, birds and vermin shall be in place; and
(e) minimum sanitary conditions shall be adhered to as prescribed by the Zambia Bureau of Standards.
14. General conditions of hygiene applicable to employees
(1) An employer shall take all necessary measures to ensure that the highest possible standard of cleanliness is required of staff.
(2) An employer shall take all necessary measures to prevent any contamination of fish and fish products and ensure provision of personal protective equipment to employees handling fish and fish products.
15. Handling fish products on shore
The handling of fish products on shore shall comply with the standards prescribed by the Zambia Bureau of Standards.
16. Conditions for processed fish products
A person responsible for a factory or premises used for processing fish or fish products shall-
(a) keep a register of the processing of fish and fish products carried out at the factory or premises;
(b) indicate the conditions of storage for the fish or fish products, on the packaging for the fish or fish products;
(c) preserve fish and fish products by salting, smoking or drying; and
(d) avail the expected storage life of the fish and fish products to the Department on demand.
17. Prevention of parasites and moulds
(1) The fish products shall, during production and before they are released for human consumption, be subject to visual inspection for the purpose of detecting and removing any parasites.
(2) A person shall not place on the market for human consumption, any fish or fish products which are infested with parasites or moulds.
(3) Microbiological criteria, including sampling plans and methods of analysis shall be complied with to protect human health.
18. Packaging, storing and transportation
(1) Fish packaging materials and products shall comply with rules of hygiene.
(2) Unused packaging materials for fish and fish products shall be protected from dust and contamination and be stored in premises away from the production area.
(3) Fish products shall not be stored or transported with other products which may contaminated them or affect their hygiene, unless they are packaged in such a way as to provide adequate protection.
(4) Vehicles used for the transportation of fish products shall be constructed and equipped in such a way that the appropriate temperature can be maintained throughout the period of transportation.
Any packaging or consignment of fish or fish products shall be labelled with the following information for purposes of tracing the origin of the fish or fish products:
(a) the name, business address and registration number of the processing factory or premises; or
(b) where applicable, the registration number of the wholesale market.
PART IV
IMPORT AND EXPORT PERMITS
20. Application for import permit
An application for an import permit shall be made in Form I set out in the Second Schedule.
21. Application for export permit
An application for an export permit shall be made in Form II set out in the Second Schedule.
22. Request for further information and particulars
A request for further particulars or information shall be made in Form III set out in the Second Schedule.
The Director shall, within 14 days of the receipt of an application for an import permit, if the application meets the requirements of the Act and these Regulations, issue an import permit to the applicant in Form IV set out in the Second Schedule.
The Director shall, within 14 days of receipt of an application for an export permit, if the application meets the requirements of the Act and these Regulations, issue an export permit to the applicant in Form V set out in the Second Schedule.
25. Rejection of application for permit
The Director shall, if an application for an import or export permit does not meet the requirements of the Act or these Regulations, reject the applicant and inform the applicant of the rejection in Form VI set out in the Second Schedule.
(1) A holder of a permit who decides not to continue operating the business to which the permit relates shall surrender the permit with Form VII set out in the Second Schedule.
(2) The Director shall, where a permit is surrendered under sub-regulation (1), cancel the permit.
An application for the transfer of a permit shall be made in Form VIII set out in the Second Schedule.
28. Suspension and cancellation of permit
(1) The Director shall, before suspending or cancelling a permit, notify the holder of the intention to suspend or cancel the permit in Form IX set out in the Second Schedule.
(2) The Director shall, where the Director suspends or cancels a permit, inform the holder in Form X set out in Second Schedule.
29. Change in particulars of permit
A holder of a permit shall notify the Director of any change in that person's registered particulars in Form XI set out in the Second Schedule.
30. Application for duplicate permit
An application for a duplicate permit shall be made in Form XII set out in the Second Schedule.
PART V
SPECIAL FISHING LICENCE
31. Application for special fishing licence
(1) An application for a special fishing licence shall be made in Form XIII set out in the Second Schedule.
(2) A request for further particulars or information in relation to an application for a special fishing licence shall be made in Form III set out in the Second Schedule.
(3) The Director shall, within 14 days of receiving an application under sub-regulation (1), reject the application if the application does not meet the requirements of the Act or these Regulations and shall notify the applicant of the rejection in Form VI set out in Second Schedule.
The Director shall, within 30 days of receiving an application for special fishing licence, issue a special fishing licence in Form XIV set out in the Second Schedule.
33. Restriction on transfer of special fishing licence
A holder of a special fishing licence shall not assign, code or transfer the special fishing licence to any other person.
34. Surrender of special fishing licence
(1) A holder of a special fishing licence who decides not to continue operating the business to which the special fishing licence relates shall surrender the special fishing licence with Form VII set out in the Second Schedule.
(2) The Director shall, where a special fishing licence is surrendered under sub-regulation (1), cancel the special fishing licence.
35. Cancellation and suspension of special fishing licence
(1) The Director may cancel or suspend a special fishing licence if-
(a) the licensee contravenes the Act or these Regulations;
(b) the licensee contravenes any terms or conditions of the licence; or
(c) the applicant submitted false or misleading information in the application for the special fishing licence.
(2) The Director shall, before suspending or cancelling a special fishing licence, notify the licensee of the intention to suspend or cancel the special fishing licence in Form IX set out in the Second Schedule.
(3) The Director shall, where the Director suspends or cancels a special fishing licence, inform the licensee in Form X set out in the Second Schedule.
36. Change of particulars of special fishing licence
A licensee shall notify the Director of any change in that person's registered particulars in Form XI set out in the Second Schedule.
37. Application for duplicate special fishing licence
An application for a duplicate special fishing licence shall be made in Form XII set out in the Second Schedule.
38. Application for renewal of special fishing licence
A holder of a special fishing licence may, at least three months before its expiry, apply for the renewal of the special fishing licence in Form XIII set out in the Second Schedule.
PART VI
REGISTRATION OF BOATS
39. Application for registration
An application for the registration of a boat shall be in Form XV set out in the Second Schedule.
40. Request for further information and particulars
A request for further particulars or information shall be made in Form III set out in the Second Schedule.
The Director shall, within 14 days of the receipt of an application for registration of a boat, if the applicant meets the requirement of the Act or these Regulations, register the boat in Form XVI set out in the Second Schedule.
42. Rejection of application for registration
The Director shall, if an application for registration of a boat does not meet the requirements of the Act or these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.
(1) An owner of a registered boat who decides not to continue operating the business to which the registration relates shall inform the Director in Form VII set out in the Second Schedule.
(2) The Director shall, where any registration is surrendered under sub-regulation (1), de-register the boat.
An application for the transfer of registration shall be made in Form VIII set out in the Second Schedule.
45. Suspension and cancellation of registration
(1) The Director shall, before suspending or cancelling the registration of a boat, notify the holder of the intention to suspend or cancel the registration in Form IX set out in the Second Schedule.
(2) The Director shall, where the Director suspends or cancels the registration of a boat, inform the holder in Form X set out in the Second Schedule.
46. Change in particulars of registration
An owner of a registered boat shall notify the Director of any change in that person's registered particulars in relation to the boat in Form XI set out in the Second Schedule.
47. Application for duplicate registration
An application for a duplicate registration shall be made in Form XII set out in the Second Schedule.
PART VII
AQUACULTURE LICENCE
48. Application for aquaculture licence
(1) An application for an aquaculture licence shall be made in Form XVII set out in the Second Schedule.
(2) A request for further particulars or information in relation to an application for an aquaculture licence shall be made in Form III set out in the Second Schedule.
(3) The Director shall, within 14 days of receiving an application for an aquaculture licence, reject the application if it does not meet the requirements of the Act or these Regulations and shall notify the applicant of the rejection in Form VI set out in the Second Schedule.
The Director shall, within 30 days of receiving an application for an aquaculture licence, if the applicant meets the requirement of the Act and these Regulations, issue an aquaculture licence in Form VII set out in the Second Schedule.
50. Surrender of aquaculture licence
(1) A licensee who decides not to continue operating the business to which the aquaculture licence relates shall surrender the aquaculture licence with Form VII set out in the Second Schedule.
(2) The Director shall, where an aquaculture licence is surrendered under sub-regulation (1), cancel the licence.
51. Transfer of aquaculture licence
An application for the transfer of an aquaculture licence shall be made in Form VIII set out in the Second Schedule.
52. Cancellation and suspension of aquaculture licence
(1) The Director shall, before suspending or cancelling an aquaculture licence, notify the licensee of the intention to suspend or cancel the aquaculture licence in Form IX set out in the Second Schedule.
(2) The Director shall, where the Director suspends or cancels a licence, inform the licensee in Form X set out in the Second Schedule.
53. Change of particulars of aquaculture licence
A licensee shall notify the Director of any change in that person's registered particulars in Form XI set out in the Second Schedule.
54. Application for duplicate aquaculture licence
An application for a duplicate aquaculture licence shall be made in Form XII set out in the Second Schedule.
55. Application for renewal of aquaculture licence
A holder of an aquaculture licence may, at least three months before its expiry, apply for the renewal of the aquaculture licence in Form XVII set out in the Second Schedule.
PART VIIA
COMMERCIAL LICENCES
[Part VIIA ins by reg 2 of SI 85 of 2019.]
55A. Prohibition of commercial fishing without licence
A person shall not, without a commercial fishing licence issued under these Regulations, fish in any commercial fishing area set out in the First Schedule.
[Reg 55A ins by reg 2 of SI 85 of 2019.]
55B. Application for commercial fishing licence
(1) An application for a commercial fishing licence shall be made on or before 31st October in each year, and shall be in Form XV set out in the Second Schedule.
(2) The Director shall not consider any application for a commercial fishing licence unless the Director is satisfied that the applicant has given at least 30 days notice of that applicant's intention to apply, and paid the prescribed fee.
[Reg 55B ins by reg 2 of SI 85 of 2019.]
55C. Grant or rejection of commercial fishing licence
(1) The Director may issue a commercial fishing licence subject to the terms and conditions that the Director considers appropriate.
(2) Subject to these Regulations, a commercial fishing licence is valid for one year.
(3) The Director shall reject the application for a commercial fishing licence if the applicant-
(a) is under the age of 21 years;
(b) is an undischarged bankrupt; or
(c) has entered into a composition or a scheme of arrangement with the applicant's creditors which is still binding.
(4) Where the Director rejects an application for a commercial fishing licence, the Director shall notify the applicant, stating the reasons for the rejection.
[Reg 55C ins by reg 2 of SI 85 of 2019.]
55D. Request for further information and particulars
The Director may, request for further particulars or information in Form III set out in the Second Schedule.
[Reg 55D ins by reg 2 of SI 85 of 2019.]
55E. Surrender of commercial fishing licence
(1) A holder of a commercial fishing licence who decides not to continue operating the business to which the commercial fishing licence relates shall surrender the commercial fishing licence with Form VII set out in the Second Schedule.
(2) The Director shall, where a commercial fishing licence is surrendered under sub-regulation (1), cancel the commercial fishing licence.
[Reg 55E ins by reg 2 of SI 85 of 2019.]
55F. Cancellation and suspension of commercial fishing licence
(1) The Director may cancel or suspend a commercial fishing licence if-
(a) the licensee contravenes the Act or these Regulations;
(b) the licensee contravenes any terms or conditions of the licence; or
(c) the applicant submitted false ormisleading information in the application for the commercial fishing licence.
(2) The Director shall, before suspending or cancelling a commercial fishing licence, notify the licensee of the intention to suspend or cancel the commercial fishing licence in Form IX set out in the Second Schedule.
(3) The Director shall, where the Director suspends or cancels a commercial fishing licence, inform the licensee in Form X set out in the Second Schedule.
[Reg 55F ins by reg 2 of SI 85 of 2019.]
55G. Change of particulars of commercial fishing licence
A licensee shall notify the Director of any change in that licensee's registered particulars in Form XI set out in the Second Schedule.
[Reg 55G ins by reg 2 of SI 85 of 2019.]
55H. Application for duplicate commercial fishing licence
An application for a duplicate commercial fishing licence shall be made in Form XII set out in the Second Schedule.
[Reg 55H ins by reg 2 of SI 85 of 2019.]
55I. Commercial fishing licence
A commercial fishing licence shall not be transferable without the prior written approval of the Director.
[Reg 55I ins by reg 2 of SI 85 of 2019.]
A holder of a commercial fishing licence shall display the licence in a conspicuous manner and place at the place of business.
[Reg 55J ins by reg 2 of SI 85 of 2019.]
PART VIII
GENERAL PROVISIONS
The Director shall keep or cause to be kept a register of permits, registration and licences in which shall be entered the following particulars:
(a) the name and address of every holder of a permit, registration or licence;
(b) the area in respect of which any permit, registration or licence is granted; and
(c) any other information necessary for purposes of the Act
Any person who contravenes these Regulations commits an offence and is liable, upon conviction-
(a) to a fine not exceeding 2,000 penalty units or to imprisonment for a period not exceeding two years, or to both;
(b) in the case of a continuing offence, to an additional penalty not exceeding 25 penalty units in respect of each day on which the offence continues; and
(c) in respect of a second or subsequent contravention, to a penalty not exceeding 2,500 penalty units.
58. Revocation of SI Nos. 107 of 1976, 24 of 1986 and 55 of 1986
The following Statutory Instruments are hereby revoked:
(a) the Commercial Fishing Areas (Declaration) Order, 1976;
(b) the Fisheries (Registration of Fishing Boats) Order, 1986; and
(c) the Fisheries Regulations, 1986.
[Regulations 3, 4 and 5]
[First Sch subs by reg 3 of SI 85 of 2019; am by reg 4 of SI 109 of 2020.]
REGULATION OF FISHERIES IN COMMERCIAL FISHING AREAS
A. PROHIBITED NETS
Commercial Fishing Area | Specified Nets | Extent of Area of Restriction |
Bangweulu Commercial Fishing Area Nets | Draw/seine net of any size | From shore in open lakes |
Chisense (P. moeruensis) draw of mesh size less than 10 mm | Throughout the area |
|
Multi-filament net of a mesh size less than 63 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Lower Kafue Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm, except for smaller species (Brycinus lateralis) 37 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Kariba Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament nets of mesh not less than 76 mm except for (Barbus Imberi) 51 mm | Throughout the area |
|
Kapenta nets of mesh size less than 10 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Lake Tanganyika Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh less than 63 mm | Throughout the area |
|
Monofilament net of all mesh sizes | Throughout the area |
|
Kapenta nets of mesh size less than 10 mm | ||
Bukabuka (L. stapersii) multi-filament drifting net of all sizes | ||
Lusiwashi Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Mweru-Luapula Commercial Fishing Area | Draw/seine net of any size | Throughout the area |
Chisense (P. moeruensis) draw nets of mesh size less than 10 mm | Throughout the area |
|
Multi-filament net of a mesh size less than 63 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Mweru-Wantipa Commercial Fishing Area | Draw/seine net of any size | Throughout the area |
Chisense (P. moeruensis) draw nets of mesh size less than 10 mm | Throughout the area |
|
Multi-filament net of amesh size less than 76 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Upper Zambezi Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm, except for (Nembele) | Throughout the area |
|
Monofilament nets of all sizes | Throughout the area |
|
Super Upper Zambezi | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Chambeshi Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 9 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Luangwa Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Middle Zambezi Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 51 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Lower Zambezi Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Itezhi-tezhi Upper Commercial Fishing Area | Multi-filament nets of mesh less than 76 mm | Throughout the area |
Modified purse seine net less than 8 mm for Kapenta fishing | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Draw/seine net of any mesh size | Throughout the area |
|
Upper Kafue Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 51 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Super Upper Kafue Commercial Fishing Area | Multi-filament net of a mesh size less than 51 mm | Throughout the area |
Monofilament nets of all mesh sizes | Throughout the area |
|
Draw/seine net of any mesh size | Throughout the area |
B. FISHING PERIOD
Commercial Fishing Area | Extent of Area | Fishing Period |
Mweru-Luapula | Mifimbo area | None |
The open water of Lake Mweru; the main stream of the Luapula River up to its confluence with the Luongo River; the main stream of the Kalungwisha River near Mununga; together with the verges of the lake and rivers respectively up to 150 metres above the watermark at any given date; and other waters lying within 30 kilometres of the aforesaid lake and rivers and their tributaries. | Throughout the year, except 1st December to the last day of February |
|
Bangweulu | The open water of Lakes Bangweulu, Walilupe, Chifunauli, Kampolombo, Kangwena, Wumba, Chaye, Chali and Waka-Waka; the permanent and seasonal swamps adjacent to the said lakes including all lagoons, channels and waterways therein; the Luapula river downstream to Mumbatuta Falls, the Mwapenda Estuary and river upstream to its junction with the Mulungushi River; the Lupososhi Estuary and river upstream to its junction with the Mufili River; the Luena Estuary and river upstream to the point immediately opposite Luena Mission Station; the Lukutu Estuary and river upstream to its junction with the Filonda Stream; the Luansenshi Estuary and river upstream to its junction with the Moboshi Stream; the Chambeshi River upstream to the Safwa Falls; together with the verges of the aforementioned water up to 2 kilometres from the watermark at any given date such other waters lying within 30 kilometres upstream of any tributary measured from the aforesaid waters. | Throughout the year, except 1st December to the last day of February |
Lower Kafue | The whole length of the Kafue River from Itezhi-Tezhi dam wall to the confluence of the Kafue/Zambezi rivers; together with verges of the lake and rivers respectively up to 150 metres above watermark at any given date other water lying within 30 kilometres of the lake and Musa Luwato and Nampongwe rivers, save that the boundary within the Lochinvar area which shall be mutually agreed from time to time between the Commissioner and National Parks authorities. | Throughout the year, except 1st December to the last day of February |
Lower Zambezi | The part of the Zambezi River within Zambia starting from the dam wall of Lake Kariba to the Zambia border with Mozambique and Zimbabwe at the Zambia-Luangwa confluence and the verges of Zambezi River within Zambia, other waters lying within 30 kilometres of the Zambezi river and its tributaries within Zambia. | Throughout the year, except 1st December to the last day of February |
Kariba-Inshore Fishery | Namazambwe river estuary, Mweemba river estuary, Chimini inlet, Maaze river estuary, Zongwe river estuary, Sikalamba river estuary, Nang"™ombe river estuary, Jongola river estuary, Chezya river estuary, lufua river estuary, Nangandwe river estuary and Nanhunwe river estaury. | Throughout the year |
Kariba-Pelagic Fishery (Kapenta) | All the water of Lake Kariba from the river Devil's Gorge to the dam wall, together with the verges of the lake and rivers respectively up to 150 meters beyond a watermark at any given date, other waters lying within 30 kilometres of Lake Kariba and its tributaries. | Throughout the year, except for 10 days during the lunar period, that is full moon |
Lower Luangwa River | That part of the Luangwa River starting from Kampumbu to Luangwa and its verges up to 150 metres beyond the water mark at any given date, other waters lying within 30 kilometres along the tributaries of the aforesaid river. | Throughout the year |
Mweru-wa-ntipa | The whole Tabwa Tribe area including Lake Tondwa but excluding the other areas lying east of a line in a south-easterly direction starting at a point on the Zambia-Democratic Republic of Congo border at the confluence of the Munkonge and Kamusenga streams; thence in a straight line in a south-easterly direction to the most southern point of lake Kako; thence in a straight line in a south-easterly direction to point on the Mporokoso-Mbala District boundary at the confluence of the Chisala and Kamindwa streams; and the verges of the aforementioned waters up to 150 meters beyond the watermark at any given date. | Throughout the year, except 1st December to the last day of February |
Lukanga Swamps | The open water of Lake Suye and Lake Chiposhya; all the lagoons and swamps bounded by a straight line starting from Chipito in a north-easterly direction to White Mwika; thence a straight line in a south-easterly direction to a point 28 degrees east and 14 degrees 15' south; thence a straight line southwardly direction up to Chabambwa; thence a straight line more or less in a westerly direction back to the starting point at Chipito. The area shall include the verges of lakes and river respectively up to 150 meters above the watermark at any given date and other waters lying within 30 kilometres of the lakes, lagoons and rivers. | Throughout the year, except 1st December to the last day of February |
Lusiwashi | The open water of the lake together with the verges of the lake up to 150 metres above watermark at any given date; such other waters lying within 30 kilometres of the lake. | Throughout the year, except 1st December to the last day of February |
Upper Zambezi | That part of the Zambezi River starting from Lukulu to Mambova including the verges of the Zambezi River within that area up to 150 metres beyond the watermark at any given date; such other waters lying within 30 kilometres along the tributaries of the aforesaid river. | Throughout the year, except 1st December to the last day of February |
Super Upper Zambezi | That upstream part of the Zambezi River starting from Lukulu proceeding to the Zambian boarder with Angola north of Chavuma including its verges up to 150 meters beyond the waters lying within 30 kilometres along the tributaries of the Zambezi river including Lake Mwange other than Kabompo. | Throughout the year, except 1st December to the last day of February |
Chambeshi | That part of the Chambeshi River starting from Safwa Falls to the Chambeshi-Kalunga confluence; the verges of the said water extending up to 150 metres beyond the watermark at any given date, other waters lying within 30 kilometres along the tributaries of the Chambeshi river including the Luwala swamps. | Throughout the year, except 1st December to the last day of February |
Lower Zambezi | That part of the Zambezi River within Zambia starting from the wall of Lake Kariba to the Zambian boarder with Mozambique and Zimbabwe at the Zambezi-Luangwa confluence and the verges of Zambezi River within the aforesaid area; other waters lying within 30 kilometres of the Zambezi river and its tributaries within Zambia. | Throughout the year, except 1st December to the last day of February |
Upper Kafue | Mushigashi conservancy area from Mutwiba stream to Mushingwashi Kafue National Park boundary (21.5 kilometres). | None |
That part of the Kafue River from Makiya to the western end of the Lukanga swamps to the dam wall of lake Itezhi-Tezhi including lake Itezhi-Tezhi and the verges of those waters up to 150 metres beyond the watermark at any given date, other waters lying within 30 kilometres along the tributaries of the Kafue river and lake Itezhi-Tezhi. | Throughout the year, except 1st December to the last day of February |
|
Super Upper Kafue | That part of the Kafue River from Makiya up to the Zambia-Democratic Republic of Congo boarder including the verges of the Kafue river up to 150 metres beyond the watermark at any given date; other waters within 30 kilometres of the Kafue river and its tributaries of the said area. | Throughout the year, except 1st December to the last day of February |
Lunga | That part of the Lunga River starting from the Mutanda-Lungu rivers"™ confluence downwards passing through Nyoka and Lelongwa to the Lunga-Kafue Rivers"™ confluence, the verges of the Lunga river and its tributaries up to 150 metres beyond the watermark at any given date, other waters lying within 30 kilometres along the Lunga river and its tributaries. | Throughout the year, except 1st December to the last day of February |
Tanganyika | Chitili area, Kasakalawe area | None |
Nsumbu | None |
|
National Park | None |
|
The open water of Lake Tanganyika on the Zambia side of the boarder, the main stream of the Lufubu river upstream to the Mwepwe Falls, together with the verges of the lake and river respectively up to 150 metres beyond the watermark at any given date and other water lying within 30 kilometres of the Lufubu lake Tanganyika and river. | Throughout the year, except 10 days during the lunar period, that is full moon |
|
Itezhi-Tezhi-Pelagic Fishery (Kapenta) | Throughout the commercial fishing area. | Throughout the year, except for 10 days during the lunar period, that is full moon and 1st December to the last day of February |
Kabompo River | That part of the Kabompo River starting from the Kabompo-Zabezi confluence upstream to the Kabompo Gorge and the tributaries of the waters up to 150 metres beyond the watermark at any given date, other waters within 30 kilometres of the Kabompo River and its tributaries. | Throughout the year, except 1st December to the last day of February |
[Regulations 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35(2), 35(3), 36, 37, 38, 39, 40, 41, 42, 43(1), 44, 45, 46, 47, 48, 49, 50(1), 51, 52, 53, 54 and 55, 55C]
[Second Sch am by reg 4 of SI 85 of 2019.]
PRESCRIBED FORMS
FORMS I
[Regulation 20]
(To be completed in Duplicate)
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
The Fisheries Regulations, 2011
APPLICATION FOR IMPORT PERMIT
Shaded fields for Official use only |
Information Required | Information Provided |
INDIVIDUAL |
1. | (a) Forename(s) of applicant (b) Surname(s) of Applicant(s) |
(a) Nationality of applicant(s) |
|
Presentation of product and type of treatment (state whether live, refrigerated, frozen, salted smoked, preserved). |
Have you previously held a permit or licence which was suspended or cancelled by the |
Do you hold any other permit or licence under the Fisheries Act, 2011? | Type of Permit/Licence |
Have you ever been convicted of an offence under the Fisheries Act, 2011? Are there any proceedings now pending which may lead to such a conviction? |
16. | If yes, specify details:........................................... |
I/We ....................do solemnly declare as follows: (a) that the information provided in this Form is correct and true; (b) that my permit has never been suspended or cancelled; (c) that the fish will be caught, landed, packaged, handled, marked, prepared, processed, thawed, stored and transported under conditions equivalent to good manufacturing and hygiene practices; (d) that the fish has undergone health controls in the country of origin; and (e) that the fish do not come from toxic species or species contain bio-toxines; and I/we make this solemn declaration conscientiously believing the same to be true to the best of my/our knowledge and belief. ................. ................ Applicant's signature Date |
Received by:......................... ................... |
FORMS II
[Regulation 21]
(To be completed in Duplicate)
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR EXPORT PERMIT
Shaded fields for official use only |
Information Required | Information Provided |
|
1. | (a) Forename(s) (b) Surname(s) of applicant(s) |
(a) Nationality of applicant(s) |
|
Details of fish/fish product |
Have you previously held a permit or licence which was suspended or cancelled by the |
Reason for suspension/cancellation:.......................................... Date of suspension/cancellation:....................................... |
Do you hold any other permit or licence under the Fisheries Act, 2011? | Type of Permit/Licence |
Have you ever been convicted of an offence under the Fisheries Act, 2011? Are there any proceedings now pending which may lead to such a conviction? |
16. | If yes, specify details:........................................... |
I/We ....................do solemnly declare as follows: (a) that the information provided in this Form is correct and true; and (b) that my permit has never been suspended or cancelled; and I/we make this solemn declaration conscientiously believing the same to be true to the best of my/our knowledge and belief. ................. ................ Applicant's signature Date |
Received by:......................... ................... |
FORM III
[Regulations 22, 31, (2)]
40 and 48 (2)
(To be completed in duplicate)
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
REFERENCE NO:..........
REQUEST FOR FURTHER INFORMATION/PARTICULARS
To: (1)............................................(Here insert name of applicant)
Address:............................................
...............................................
are hereby requested to furnish the following information and documents in respect of your application;
(a)..............................................
(b)..............................................
(c)...............................................
(d).............................................within (2).....................(Insert number of days)days of this Notice. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected.
Dated this..............day of..............., 20.........
......................
Director of Fisheries
FORMS IV
[Regulation 23]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
PERMIT NO.:..........
SERIAL NO.;...............
IMPORT PERMIT
Name of holder:.......................................
Address:...........................................
YOU ARE HEREBY permitted to import the following ........................
for the purpose of ........................................
................................................
This Permit is valid for a period of ............from the...........day of.....
20 .............
The terms and conditions of the importation are attached herewith.
Issued at this........day of............., 20.....
.....................
Director of Fisheries
This Permit is not valid unless the Official Seal of the Fisheries Department has been affixed.
FORM V
[Regulation 24]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
PERMIT NO.:..........
SERIAL NO.;...............
EXPORT PERMIT
Name of holder: .......................................
Address: ...........................................
YOU ARE HEREBY permitted to import the following ........................
for the purpose of ........................................
................................................
This Permit is valid for a period of ............ from the ........... day of .....
20 .
The terms and conditions of the importation are attached herewith.
Issued at this........day of............., 20.....
.....................
Director of Fisheries
This Permit is not valid unless the Official Seal of the Fisheries Department has been affixed.
FORM VI
[Regulation 25, 31, (3), 42 and 48 (3)]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
Reference No.:.............
NOTICE OF REJECTION OF APPLICATION
1.Here insert the full names and address of applicant (2)Here insert type of application | To: (1) ............................................ Address: ............................................ ............................................... You are hereby notified that your application for (2) .......................... has been rejected on the following grounds: (a).............................................. (b)............................................. (c)............................................. (d)............................................. Dated this .............. day of ..............., 20. ...................... Director of Fisheries |
FORM VII
[Regulation 26(1), 34, 43 and 50(1)]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
NOTICE OF INTENTION TO SURRENDER PERMIT/LICENCE/REGISTRATION
PERMIT/LICENCE/REGISTRATION NO.:........
To the Director of Fisheries
I hereby notify your office that I intend to surrender my* permit/licence/registration on ...........
day of ................ 20. for the following reasons:
(a) .............................................
(b) ...............................................
(c) ...............................................
(d) ...............................................
Dated this ........ day of ......., 20 .
......................................
Name(s) and signature(s) of holder(s) of *permit/licence/registration
*Delete as appropriate
FORM VIII
[Regulations 27, 44 and 51]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR CONSENT TO TRANSFER PERMIT/LICENCE/REGISTRATION
Please complete in block letters | Shaded fields for official use only | Reference No. | |||||
Date and time | |||||||
Information required | Information provided | ||||||
1. | Permit/Licence/Registration No. | ||||||
2. | Current holder | ||||||
3. | (a) Name(s) of proposed holder(s) | ||||||
(b) Type of holder (tick as applicable) | Individual | Firm | Company | ||||
4. | Proposed holder's address | ||||||
Telephone | |||||||
Fax: | |||||||
E-mail: | |||||||
5. | Appendix | ||||||
Minutes of relevant meeting | |||||||
Reasons for transferring/entering into agreement to transfer | |||||||
Copy of agreement/letter to transfer | |||||||
Name of applicant (individual or authorised representative): ................................. Date: ..........................................Signature: .......................................... |
|||||||
FOR OFFICIAL USE ONLY Received by:....................... OfficerDate Receipt No:.......................... Amount received:....................... OFFICIAL STAMP Serial No. of application:..................... |
FORM IX
[Regulations 28(1), 35(2), 45(1)]
and 52(1))
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
Permit/Licence/Registration No.:.............
NOTICE OF INTENTION TO SUSPEND OR CANCEL *PERMIT/LICENCE/REGISTRATION
(1)Here insert the full names and address of holder (2)Here insert the type of application (3) Here insert the number of days (4) Signature of Director of Fisheries | To: (1) ............................................ ................................................ ............................................... IN THE MATTER OF (2) .................................. you are hereby notified that the Director of Fisheries intends to *suspend/cancel your *permit/licence/registration on the following grounds: (a).................................... (b).................................. (c) ................................................. (d)............................... Accordingly, you are requested to take action to remedy the breaches set out in paragraphs .......... (above) within (3) ......... days of receiving this Notice. Failure to remedy the said breaches shall result in the *suspension/cancellation of your permit/licence/registration. Dated this..............day of..............., 20. ...................... Director of Fisheries *Delete as appropriate |
FORM X
[Regulations 28(2), 35(3), 45(2)]
and 52(2))
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
Permit/Licence/Registration No.:.............
NOTICE OF SUSPENSION OR CANCELLATION OF *PERMIT/LICENCE/REGISTRATION
(1) Here insert the full names and address of holder (2)Here insert the type of application (4) Signature of Director of Fisheries | To: (1)............................................ ................................................ ............................................... IN THE MATTER OF (2) ............................. you are hereby notified that your *permit/licence/registration has been *suspended/cancelled on the following grounds: (a)........................................ (b)........................................ (c) ...................................... (d) ...................................... Dated this .............. day of ..............., 20. ...................... Director of Fisheries *Delete as appropriate |
FORM XI
[Regulations 29, 36, 46 and 53]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
Permit/Licence/Registration No.:.............
NOTIFICATION OF CHANGE IN PARTICULARS
To the Director of Fisheries:
Holder's Name:........................................
Notice is hereby given that the following changes have occurred in respect of the particulars relating to my permit/licence/registration:
Current details | New details |
The reason for the change is ..................................
.................................................
Date at ............ this ....... day of ..............., 20.
Signed: ................. Name: ..................
Witness: ......................................
Address: ......................................
Occupation: ....................................
FORM XII
[Regulations 30, 37, 47 and 54]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR DUPLICATE PERMIT/LICENCE/REGISTRATION
Please complete in block letters | Shaded fields for official use only | Permit/Licence/ Registration No. | ||||||
Date and time | ||||||||
Information required | Information provided | |||||||
1. | Name of applicant | |||||||
2. | (a) First name(s) | |||||||
(b) Surname(s) of applicant(s) | ||||||||
(c) Type of applicant (tick as applicable | Individual | Firm | Company | |||||
3. | (a) Nationality of applicant(s) | |||||||
(b) National Registration Card No. | ||||||||
(c) Passport No. | ||||||||
Date of issue | ||||||||
Place of issue | ||||||||
Expiry date | ||||||||
4. | (a) Notification address: | |||||||
Telephone/Cell No. | ||||||||
Fax No. | ||||||||
E-mail address | ||||||||
(b) Residential address | ||||||||
5. | How was the permit/licence/registration lost or destroyed? (specify details) (Attach copy of affidavit or report of destruction) | |||||||
|
FORM XIII
[Regulations 31 and 38]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR SPECIAL FISHING LICENCE
Please complete in black letters | Shaded fields for official use only | Reference No. | |||
Date and time | |||||
Information required | Information provided | ||||
INDIVIDUAL | |||||
1. | (a)Forename(s) of applicant | ||||
2. | (a) Nationality of applicant(s) | ||||
(b) National Registration Card No. | |||||
(c) Passport No. | |||||
Date of issue | |||||
Place of issue | |||||
Expiry date | |||||
3. | (a) Notification address | ||||
Telephone/Cell No. | |||||
Fax No. | |||||
E-mail address | |||||
(b) Residential address | |||||
FIRM | |||||
4. | (a) Business name | ||||
(b) Certificate of incorporation No. | |||||
(c) TPIN No. | |||||
(d) Business address | |||||
(e) Postal address | |||||
(f) E-mail address | |||||
GENERAL INFORMATION |
|||||
5. | Fishing area | Location | Fishing period | Storage approved | |
6. | Fishing equipment | Type | Preventive measures | Temperature | |
7. | Purpose of fishing | ||||
8. | Presentation of product and type of treatment (state whether live, refrigerated, frozen, salted smoked, preserved. | ||||
9. | Packaging | Type of packaging | Number of packages | Net weight | |
10. | Storage and transport | Mode of transport | Storage | Temperature | |
11. | Destination of product | Place of dispatch | Place of destination | Mode of transport | |
12. | Names and details of consignee | Names | Address | ||
13. | Have you previously held a permit or licence which was suspended or cancelled by the Director of Fisheries? | ||||
14. | Do you hold any other permit or licence under the Fisheries Act, 2011? | Permit/Licence No. | Type of Permit/Licence | Location | |
15. | Have you ever been convicted of an offence under the Fisheries Act, 2011? Are there any proceedings now pending which | ||||
| |||||
16. | STATUTORY DECLARATION | ||||
|
FORM XIV
[Regulation 32]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
LICENCE NO:............
SERIAL NO.:.............
SPECIAL FISHING LICENCE
Name of holder: ........................................
Address: ...........................................
YOU ARE HEREBY licensed to fish in the following areas ........................
for the purpose of ........................................
................................................
This Licence is valid for a period of ............ from the ............ day of
................, 20.........
The terms and conditions of the licence are attached herewith.
Issued at ............. this ...... day of ............., 20.
...........................
Director of Fisheries
This Licence is not valid unless the Official Seal of the Fisheries Department has been affixed.
FORM XV
[Regulation 39]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR REGISTRATION OF BOAT
Please complete in black letters | Shaded fields for official use only | Reference No. | |
Date and time | |||
Information required | Information provided | ||
INDIVIDUAL | |||
1. | (a)Forename(s) of applicant | ||
2. | (a) Nationality of applicant(s) | ||
(b) National Registration Card No. | |||
(c) Passport No. | |||
Date of issue | |||
Place of issue | |||
Expiry date | |||
3. | (a) Notification address | ||
Telephone/Cell No. | |||
Fax No. | |||
E-mail address | |||
(b) Residential address | |||
FIRM | |||
4. | (a) Business name | ||
(b) Certificate of incorporation No. | |||
(c) TPIN No. | |||
(d) Business address | |||
(e) Postal address | |||
(f) Email address | |||
GENERAL INFORMATION |
|||
5. | Purpose for which boat is to be registered | ||
6. | STATUTORY DECLARATION | ||
FOR OFFICIAL USE ONLY |
FORM XVI
[Regulation 41]
(To be completed in Duplicate)
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
REGISTRATION NO.:.........
SERIAL NO.:..........
REGISTRATION OF BOAT
Name of owner of boat: .....................................
Address: ...........................................
YOUR BOAT IS REGISTERED with the following details:
Make | Year made | Colour | Propelled by | Capacity/Netweight | Registration authority |
This Registration is valid for a period of ........... from the ........... day of
................, 20.
The terms and conditions of the registration are attached herewith.
Issued at ............. this ...... day of ............, 20.
..........................
Director of Fisheries
This Registration is not valid unless the Official Seal of the Fisheries Department has been affixed.
FORM XVII
[Regulations 48(1)]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR AQUACULTURE LICENCE
Please complete in black letters | Shaded fields for official use only | Reference No. | ||||
Date and time | ||||||
Information required | Information provided | |||||
INDIVIDUAL |
||||||
1. | (a)Forename(s) of applicant | |||||
2. | (a) Nationality of applicant(s) | |||||
3. | (a) Notification address | |||||
Telephone/Cell No. | ||||||
Fax No. | ||||||
E-mail address | ||||||
(b) Residential address | ||||||
FIRM |
||||||
4. | (a) Business name | |||||
(b) Certificate of incorporation No. | ||||||
(c) TPIN No. | ||||||
(d) Business address | ||||||
(e) Postal address | ||||||
(f) Email address | ||||||
GENERAL INFORMATION |
||||||
5. | Area(s) to which aquaculture is to be done | |||||
6. | State the species of organisms to be cultivated | |||||
7. | Is the species indigenous (native or naturally occurring) to Zambia | |||||
8. | Is the species indigenous or naturally occurring to the area in which you propose to culture it? | |||||
9. | Have you conducted an Environmental Impact | |||||
10. | Do you have water rights from the Water Resources Management Authority? If yes, attach copy. | |||||
11 | State the proposed source of brood stock, post larvae, | Proposed source | Supplier | Stage of development of organism | ||
Name | Address | |||||
12. | State the type of acquaculture for which licence is required | (a) Ornamental breeding for export | ||||
(b) Angling in dams | ||||||
(c) Small earthen ponds (urban/peri-urban) producing less than 3t/year | ||||||
(d) Medium/large ponds | ||||||
(e) Culture of exotics | ||||||
(f) Cage culture/pen/tank/recirculation system | ||||||
(g) Fish hatchery | ||||||
13. | State proposed/current aquaculture facilities established | Total number of ponds | ||||
Total area of ponds | ||||||
Total number and volume of tanks | ||||||
Total number of cages/pens | ||||||
Total volume of cages | ||||||
14. | State the specific site at which aquacultures is/will be conducted (provide as much detail as possible describing the location, dimensions, legal description, overall area, map) | |||||
15. | State the expected/current production per year from the aquaculture facility | |||||
16. | State the method of processing, storage or curing of fish and fish products prior to sale (if any) | |||||
17. | STATUTORY DECLARATION | |||||
FOR OFFICIAL USE ONLY |
FORM XVIII
[Regulation 49]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
LICENCE NO:............
SERIAL NO.:.............
AQUACULTURE LICENCE
This Licence is granted to (name of holder): .............................
of .............................................
to undertake acquaculture, specifically the cultivation of .....................
..............................................
for a period of .................. from the ......... day of ......................................., 20 ..
The terms and conditions of the Licence are attached herewith.
Issued at ............. this ...... day of ............., 20.
...........................
Director of Fisheries
This Licence is not valid unless the Official Seal of the Fisheries Department has been affixed.
FORM XIX
[Regulation 55C]
REPUBLIC OF ZAMBIA
THE FISHERIES ACT, 2011
(Act No. 22 of 2011)
The Fisheries Regulations, 2011
SERIAL NO.: .....
COMMERCIAL FISHING LICENCE
This licence is hereby granted to (Name of Holder) ...................................................................................
of ................................................................................ to fish in ............................
....................................................................................................................................................................
up to and including .....................................................................................................................................
This licence is subject to the following condition(s) ....................................................................................
.....................................................................................................................................................................
.....................................................................................................................................................................
Fee paid K ...................................................................................................................................................
Issued at ....................................... this .................. day of ......................... 20.......
....................
Director of Fisheries
CHAPTER 200 - FISHERIES ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Fisheries (Fishing Licence Fees) Regulation
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
3. Fishing fees for commercial areas
7. Revocation of S.I. No. 21 of 1997
SI 59 of 2008,
SI 84 of 2019.
These Regulations may be cited as the Fisheries (Fishing Licence Fees) Regulations, 2008.
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.
The fees payable in respect of any aquaculture activity are as set out in the Third Schedule to these Regulations.
The fees payable for importing or exporting fish are as set out in the Fourth Schedule to these Regulations.
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.
[Regulation 2]
4SPECIAL FISHING LICENCE FEES
1.Collection of ornamental fish for aquaria | Fee Units |
All licensed fisheries | 28,000 per annum |
2. Fisheries Research Permits: | |
(a) non-resident student | 28,000 per annum |
(b) resident student | 2,800 per annum |
(c) individual researcher (no-resident) | 56,000 per annum |
(d) individual researcher (resident) | 2,800 per annum |
3.Institutional Research Permits: | |
(a) foreign institution | 100,000 per annum |
(b) local institution | 56,000 per annum |
4.Collection of Research Specimens: | |
(a) variety of live specimens up to 30 | 16,000 per annum |
(b) variety of dead specimens up to 30 | 8,300 per annum |
(c) additional specimen (live) | 30 each |
(d) additional specimen (dead) | 30 each |
(e) mono species specimen live up to 30 | 8,300 per annum |
(f) additional specimen (live) | 30 each |
(g) mono specimen (dead) up to 30 | 8,300 per annum |
(h) additional mono specimen (dead) | 30 each |
(i) endangered species | Prohibited |
(j) rare species | 555 each |
[Regulation 3]
[Second Sch am by reg 2 of SI 84 of 2019.]
COMMERCIAL FISHING AREAS
FISHING LICENCE FEES
1. Persons resident in Zambia: | Fee Units |
(a) Kafue Fishery from Chunga Lagoon toKafue Gorge Dam | 555 per annum |
(b) Kafue Fishery from Itezhi-tezhi dam to the | 555 per annum |
(c) Lukanga Fishery | 445 per annum |
(d) Lake Kariba Fishery | 555 per annum |
(e) Bangweulu Fishery | 555 per annum |
(f) Mweru-Luapula Fishery | 555 per annum |
(g) Mweru-Wantipa Fishery | 555 per annum |
(h) Upper Zambezi Fishery | 280 per anuum |
(i) Lake Tanganyika Fishery | 555 per annum |
(j) Lower Zambezi Fishery | 416 per annum |
(k) Luangwa Fishery | 280 per annum |
(l) Chisense Fishing (Mweru-Luapula- Bangweulu) | 680 per annum |
(m) Chisense Fishing (Mweru-Wa-Ntipa) | 830 per annum |
(n) Kapenta Fishing (artisanal): | |
(i) Lake Tanganyika | 555 per annum |
(ii) Lake Itezhi-tezhi | 556 per annum |
(iii) Lake Kariba (Artisanal) | 830 per annum |
(o) Lusemfwa River (Angling only) | 280 per annum |
(p) Lusiwashi Fishery | 280 per annum |
(q) Chambeshi River Fishery | 556 per annum |
(r) Kabompo River Fishery | 280 per annum |
(s) Supper Upper Zambezi Fishery | 333 per annum |
(t) Supper Upper Kafue Fishery | 338 per annum |
(u) Itezhi-tezhi Fishery | 556 per annum |
(v) other fishery areas not mentioned above | 280 per annum |
(w) rod and fishing (all fishery areas) | 110 per month |
2. Persons non-resident in Zambia (in all fishery areas) | 1666 per annum |
3. Fishing groups or co-operatives (Zambians) | 11,000 per annum |
4. Companies: | |
(a) Lake Kariba Fishery per fishing rig | 11,111 per annum |
(b) Lake Tanganyika fishery per fishing unit | 27,777 per annum |
(c) Lake Tanganyika (Nsumbu Area) | 13,888 per annum |
(d) Lake Itezhi-Tezhi Kapenta fishing | 16,666 per unit |
5. Sport Fishing: | |
(a) Sport Fishing (organizers) | 13,800 per annum |
(b) Sport Fishing (individual participation) | 1,500 per annum |
6. Recreation Fishing: | |
(a) Persons resident in Zambia__ | |
(i) under the age of 18 years | 138 per month |
(ii) under the age of 18 years | 830 per annum |
(iii) of the age of 18 years and above | 280 per month |
(iv) of the age of 18 years and above | 1,666 per annum |
(b) person not resident in Zambia | 2,800 per month |
7. Institution angling permits: | |
(a) lodges and campus | 9,700 per annum |
(b) aquaculture facility | 2,800 per annum |
8. Institutional angling permits for hotels: | |
(a) with a capacity of 20 beds | 12,200 per annum |
(b) with a capacity of 21 beds or more | 15,200 per annum |
(c) fishing competitions | 4,160 per week |
[Regulation 4]
AQUACULTURE FEES
Fee Units | |
1. Ornamental breeding for export | 16,600 per annum |
2. Angling in dams 30 per day | |
3. Fish farming licence: | |
(a) small pond producing less than 3 tonnes | 55 per annum |
(b) large pond: | |
(i) producing 3 to 5 tonnes | 166 per annum |
(ii) producing 5 to 100 tonnes | 277 per annum |
(iii) producing over 100 tonnes | 550 per annum |
(c) culture of exotic fish (already in production) | 27,800 per annum |
(d) cage culture/pen culture/re-circulation system: | |
(i) producing less than 1 tonne | 55 per annum |
(ii) producing 1 to 5 tonnes | 556 per annum |
(iii) producing 5 to 100 tonnes | 1,111 per annum |
(iv) producing over 100 tonnes | 2,777 per annum |
4. Fish hatchery permits: | |
(a) hatchery producing less than 10,000 fingerlings | 277 per annum |
(b) hatchery producing 10 to 50,000 fingerlings | |
(c) hatchery producing over 50,000 fingerlings | 2,777 per annum |
[Regulation 5]
[Fourth Sch subs by reg 3 of SI 84 of 2019.]
FISH IMPORT AND EXPORT FEES
1. Fish Export Permit (International Health Certificate) |
||
Fish Type | Fish Weight Bands/Unit | Fee Units |
Dead fish | Fish weighing less than 1kg but not more than or equal to 250kg | 333 |
Fish weighing more than 250kg but less than or equal to 1,000kg | 500 |
|
Fish weighing more than 1,000kg | 833 |
|
Ornamental fish | Per piece | 200 |
Mounted trophy | Each | 280 |
2. Import Permit |
||
Live fish | Per piece | 3 |
Dead fish (Kapenta) | Fish weighing less than 1kg but not more than or equal to 250kg | 333 |
Fish weighing more than 250kg but less than or equal to 1,000kg | 500 |
|
Fish weighing more than 1000kg | 833 |
|
Dead fish (other species) | Fish weighing less than 1kg but not more than or equal to 250kg | 666 |
Fish weighing more than 250kg but less than or equal to 1,000kg | 100 |
|
Fish weighing more than 1,000kg | 1,666 |
[Regulation 6]
[Fifth Sch subs by reg 4 of SI 84 of 2019.]
CERTIFICATE OF ORIGIN/FISH MOVEMENT PERMIT
Fish Type | Fish Weight Bands | Fee Units |
Dry fish | Fish weighing less than 1kg and not more than or equal to 250kg | 333 |
Fish weighing more than 250kg but less than or equal to 1,000kg | 500 |
|
Fish weighing more than 1,000kg | 833 |
|
Fresh fish | Fish weighing less than 1kg and not more than or equal to 250kg | 666 |
Fish weighing more than 250kg but less than or equal to 1,000kg | 1,000 |
|
Fish weighing more than 1,000kg | 1,666 |
[Section 67]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
PART II
REGULATION OF FISHING
6. Restricted fishing equipment
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
PART IV
IMPORT AND EXPORT PERMITS
20. Application for import permit
21. Application for export permit
22. Request for further information and particulars
25. Rejection of application for 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
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
42. Rejection of application for 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
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
PART VIII
GENERAL PROVISIONS
58. Revocation of S.I. Nos. 107 of 1976, 24 of 1986 and 55 of 1986
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
These Regulations may be cited as the Fisheries Regulations, 2012.
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
(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.
(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.
(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.]
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;
{mprestriction ids="2,3,5"}
(c) signs prohibiting smoking, spitting, eating and drinking shall be displayed in prominent and conspicuous spots in the area used for landing fish; and
(d) the area shall be closeable and be kept closed in the manner determined by the Department.
13. General conditions for fish factory
Any factory, equipment and premises used for keeping or storing fish shall have the following facilities:
(a) working areas of sufficient size for work to be carried out under hygienic conditions;
(b) the layout and design shall separate the clean and dirty parts of the factory in order to prevent contamination of the fish or fish product;
(c) the cold rooms used for storing fish and fish products shall be kept at appropriate temperatures as prescribed by the Zambia Bureau of Standards;
(d) appropriate facilities for protection against pests such as insects, rodents, birds and vermin shall be in place; and
(e) minimum sanitary conditions shall be adhered to as prescribed by the Zambia Bureau of Standards.
14. General conditions of hygiene applicable to employees
(1) An employer shall take all necessary measures to ensure that the highest possible standard of cleanliness is required of staff.
(2) An employer shall take all necessary measures to prevent any contamination of fish and fish products and ensure provision of personal protective equipment to employees handling fish and fish products.
15. Handling fish products on shore
The handling of fish products on shore shall comply with the standards prescribed by the Zambia Bureau of Standards.
16. Conditions for processed fish products
A person responsible for a factory or premises used for processing fish or fish products shall-
(a) keep a register of the processing of fish and fish products carried out at the factory or premises;
(b) indicate the conditions of storage for the fish or fish products, on the packaging for the fish or fish products;
(c) preserve fish and fish products by salting, smoking or drying; and
(d) avail the expected storage life of the fish and fish products to the Department on demand.
17. Prevention of parasites and moulds
(1) The fish products shall, during production and before they are released for human consumption, be subject to visual inspection for the purpose of detecting and removing any parasites.
(2) A person shall not place on the market for human consumption, any fish or fish products which are infested with parasites or moulds.
(3) Microbiological criteria, including sampling plans and methods of analysis shall be complied with to protect human health.
18. Packaging, storing and transportation
(1) Fish packaging materials and products shall comply with rules of hygiene.
(2) Unused packaging materials for fish and fish products shall be protected from dust and contamination and be stored in premises away from the production area.
(3) Fish products shall not be stored or transported with other products which may contaminated them or affect their hygiene, unless they are packaged in such a way as to provide adequate protection.
(4) Vehicles used for the transportation of fish products shall be constructed and equipped in such a way that the appropriate temperature can be maintained throughout the period of transportation.
Any packaging or consignment of fish or fish products shall be labelled with the following information for purposes of tracing the origin of the fish or fish products:
(a) the name, business address and registration number of the processing factory or premises; or
(b) where applicable, the registration number of the wholesale market.
PART IV
IMPORT AND EXPORT PERMITS
20. Application for import permit
An application for an import permit shall be made in Form I set out in the Second Schedule.
21. Application for export permit
An application for an export permit shall be made in Form II set out in the Second Schedule.
22. Request for further information and particulars
A request for further particulars or information shall be made in Form III set out in the Second Schedule.
The Director shall, within 14 days of the receipt of an application for an import permit, if the application meets the requirements of the Act and these Regulations, issue an import permit to the applicant in Form IV set out in the Second Schedule.
The Director shall, within 14 days of receipt of an application for an export permit, if the application meets the requirements of the Act and these Regulations, issue an export permit to the applicant in Form V set out in the Second Schedule.
25. Rejection of application for permit
The Director shall, if an application for an import or export permit does not meet the requirements of the Act or these Regulations, reject the applicant and inform the applicant of the rejection in Form VI set out in the Second Schedule.
(1) A holder of a permit who decides not to continue operating the business to which the permit relates shall surrender the permit with Form VII set out in the Second Schedule.
(2) The Director shall, where a permit is surrendered under sub-regulation (1), cancel the permit.
An application for the transfer of a permit shall be made in Form VIII set out in the Second Schedule.
28. Suspension and cancellation of permit
(1) The Director shall, before suspending or cancelling a permit, notify the holder of the intention to suspend or cancel the permit in Form IX set out in the Second Schedule.
(2) The Director shall, where the Director suspends or cancels a permit, inform the holder in Form X set out in Second Schedule.
29. Change in particulars of permit
A holder of a permit shall notify the Director of any change in that person's registered particulars in Form XI set out in the Second Schedule.
30. Application for duplicate permit
An application for a duplicate permit shall be made in Form XII set out in the Second Schedule.
PART V
SPECIAL FISHING LICENCE
31. Application for special fishing licence
(1) An application for a special fishing licence shall be made in Form XIII set out in the Second Schedule.
(2) A request for further particulars or information in relation to an application for a special fishing licence shall be made in Form III set out in the Second Schedule.
(3) The Director shall, within 14 days of receiving an application under sub-regulation (1), reject the application if the application does not meet the requirements of the Act or these Regulations and shall notify the applicant of the rejection in Form VI set out in Second Schedule.
The Director shall, within 30 days of receiving an application for special fishing licence, issue a special fishing licence in Form XIV set out in the Second Schedule.
33. Restriction on transfer of special fishing licence
A holder of a special fishing licence shall not assign, code or transfer the special fishing licence to any other person.
34. Surrender of special fishing licence
(1) A holder of a special fishing licence who decides not to continue operating the business to which the special fishing licence relates shall surrender the special fishing licence with Form VII set out in the Second Schedule.
(2) The Director shall, where a special fishing licence is surrendered under sub-regulation (1), cancel the special fishing licence.
35. Cancellation and suspension of special fishing licence
(1) The Director may cancel or suspend a special fishing licence if-
(a) the licensee contravenes the Act or these Regulations;
(b) the licensee contravenes any terms or conditions of the licence; or
(c) the applicant submitted false or misleading information in the application for the special fishing licence.
(2) The Director shall, before suspending or cancelling a special fishing licence, notify the licensee of the intention to suspend or cancel the special fishing licence in Form IX set out in the Second Schedule.
(3) The Director shall, where the Director suspends or cancels a special fishing licence, inform the licensee in Form X set out in the Second Schedule.
36. Change of particulars of special fishing licence
A licensee shall notify the Director of any change in that person's registered particulars in Form XI set out in the Second Schedule.
37. Application for duplicate special fishing licence
An application for a duplicate special fishing licence shall be made in Form XII set out in the Second Schedule.
38. Application for renewal of special fishing licence
A holder of a special fishing licence may, at least three months before its expiry, apply for the renewal of the special fishing licence in Form XIII set out in the Second Schedule.
PART VI
REGISTRATION OF BOATS
39. Application for registration
An application for the registration of a boat shall be in Form XV set out in the Second Schedule.
40. Request for further information and particulars
A request for further particulars or information shall be made in Form III set out in the Second Schedule.
The Director shall, within 14 days of the receipt of an application for registration of a boat, if the applicant meets the requirement of the Act or these Regulations, register the boat in Form XVI set out in the Second Schedule.
42. Rejection of application for registration
The Director shall, if an application for registration of a boat does not meet the requirements of the Act or these Regulations, reject the application and inform the applicant of the rejection in Form VI set out in the Second Schedule.
(1) An owner of a registered boat who decides not to continue operating the business to which the registration relates shall inform the Director in Form VII set out in the Second Schedule.
(2) The Director shall, where any registration is surrendered under sub-regulation (1), de-register the boat.
An application for the transfer of registration shall be made in Form VIII set out in the Second Schedule.
45. Suspension and cancellation of registration
(1) The Director shall, before suspending or cancelling the registration of a boat, notify the holder of the intention to suspend or cancel the registration in Form IX set out in the Second Schedule.
(2) The Director shall, where the Director suspends or cancels the registration of a boat, inform the holder in Form X set out in the Second Schedule.
46. Change in particulars of registration
An owner of a registered boat shall notify the Director of any change in that person's registered particulars in relation to the boat in Form XI set out in the Second Schedule.
47. Application for duplicate registration
An application for a duplicate registration shall be made in Form XII set out in the Second Schedule.
PART VII
AQUACULTURE LICENCE
48. Application for aquaculture licence
(1) An application for an aquaculture licence shall be made in Form XVII set out in the Second Schedule.
(2) A request for further particulars or information in relation to an application for an aquaculture licence shall be made in Form III set out in the Second Schedule.
(3) The Director shall, within 14 days of receiving an application for an aquaculture licence, reject the application if it does not meet the requirements of the Act or these Regulations and shall notify the applicant of the rejection in Form VI set out in the Second Schedule.
The Director shall, within 30 days of receiving an application for an aquaculture licence, if the applicant meets the requirement of the Act and these Regulations, issue an aquaculture licence in Form VII set out in the Second Schedule.
50. Surrender of aquaculture licence
(1) A licensee who decides not to continue operating the business to which the aquaculture licence relates shall surrender the aquaculture licence with Form VII set out in the Second Schedule.
(2) The Director shall, where an aquaculture licence is surrendered under sub-regulation (1), cancel the licence.
51. Transfer of aquaculture licence
An application for the transfer of an aquaculture licence shall be made in Form VIII set out in the Second Schedule.
52. Cancellation and suspension of aquaculture licence
(1) The Director shall, before suspending or cancelling an aquaculture licence, notify the licensee of the intention to suspend or cancel the aquaculture licence in Form IX set out in the Second Schedule.
(2) The Director shall, where the Director suspends or cancels a licence, inform the licensee in Form X set out in the Second Schedule.
53. Change of particulars of aquaculture licence
A licensee shall notify the Director of any change in that person's registered particulars in Form XI set out in the Second Schedule.
54. Application for duplicate aquaculture licence
An application for a duplicate aquaculture licence shall be made in Form XII set out in the Second Schedule.
55. Application for renewal of aquaculture licence
A holder of an aquaculture licence may, at least three months before its expiry, apply for the renewal of the aquaculture licence in Form XVII set out in the Second Schedule.
PART VIIA
COMMERCIAL LICENCES
[Part VIIA ins by reg 2 of SI 85 of 2019.]
55A. Prohibition of commercial fishing without licence
A person shall not, without a commercial fishing licence issued under these Regulations, fish in any commercial fishing area set out in the First Schedule.
[Reg 55A ins by reg 2 of SI 85 of 2019.]
55B. Application for commercial fishing licence
(1) An application for a commercial fishing licence shall be made on or before 31st October in each year, and shall be in Form XV set out in the Second Schedule.
(2) The Director shall not consider any application for a commercial fishing licence unless the Director is satisfied that the applicant has given at least 30 days notice of that applicant's intention to apply, and paid the prescribed fee.
[Reg 55B ins by reg 2 of SI 85 of 2019.]
55C. Grant or rejection of commercial fishing licence
(1) The Director may issue a commercial fishing licence subject to the terms and conditions that the Director considers appropriate.
(2) Subject to these Regulations, a commercial fishing licence is valid for one year.
(3) The Director shall reject the application for a commercial fishing licence if the applicant-
(a) is under the age of 21 years;
(b) is an undischarged bankrupt; or
(c) has entered into a composition or a scheme of arrangement with the applicant's creditors which is still binding.
(4) Where the Director rejects an application for a commercial fishing licence, the Director shall notify the applicant, stating the reasons for the rejection.
[Reg 55C ins by reg 2 of SI 85 of 2019.]
55D. Request for further information and particulars
The Director may, request for further particulars or information in Form III set out in the Second Schedule.
[Reg 55D ins by reg 2 of SI 85 of 2019.]
55E. Surrender of commercial fishing licence
(1) A holder of a commercial fishing licence who decides not to continue operating the business to which the commercial fishing licence relates shall surrender the commercial fishing licence with Form VII set out in the Second Schedule.
(2) The Director shall, where a commercial fishing licence is surrendered under sub-regulation (1), cancel the commercial fishing licence.
[Reg 55E ins by reg 2 of SI 85 of 2019.]
55F. Cancellation and suspension of commercial fishing licence
(1) The Director may cancel or suspend a commercial fishing licence if-
(a) the licensee contravenes the Act or these Regulations;
(b) the licensee contravenes any terms or conditions of the licence; or
(c) the applicant submitted false ormisleading information in the application for the commercial fishing licence.
(2) The Director shall, before suspending or cancelling a commercial fishing licence, notify the licensee of the intention to suspend or cancel the commercial fishing licence in Form IX set out in the Second Schedule.
(3) The Director shall, where the Director suspends or cancels a commercial fishing licence, inform the licensee in Form X set out in the Second Schedule.
[Reg 55F ins by reg 2 of SI 85 of 2019.]
55G. Change of particulars of commercial fishing licence
A licensee shall notify the Director of any change in that licensee's registered particulars in Form XI set out in the Second Schedule.
[Reg 55G ins by reg 2 of SI 85 of 2019.]
55H. Application for duplicate commercial fishing licence
An application for a duplicate commercial fishing licence shall be made in Form XII set out in the Second Schedule.
[Reg 55H ins by reg 2 of SI 85 of 2019.]
55I. Commercial fishing licence
A commercial fishing licence shall not be transferable without the prior written approval of the Director.
[Reg 55I ins by reg 2 of SI 85 of 2019.]
A holder of a commercial fishing licence shall display the licence in a conspicuous manner and place at the place of business.
[Reg 55J ins by reg 2 of SI 85 of 2019.]
PART VIII
GENERAL PROVISIONS
The Director shall keep or cause to be kept a register of permits, registration and licences in which shall be entered the following particulars:
(a) the name and address of every holder of a permit, registration or licence;
(b) the area in respect of which any permit, registration or licence is granted; and
(c) any other information necessary for purposes of the Act
Any person who contravenes these Regulations commits an offence and is liable, upon conviction-
(a) to a fine not exceeding 2,000 penalty units or to imprisonment for a period not exceeding two years, or to both;
(b) in the case of a continuing offence, to an additional penalty not exceeding 25 penalty units in respect of each day on which the offence continues; and
(c) in respect of a second or subsequent contravention, to a penalty not exceeding 2,500 penalty units.
58. Revocation of SI Nos. 107 of 1976, 24 of 1986 and 55 of 1986
The following Statutory Instruments are hereby revoked:
(a) the Commercial Fishing Areas (Declaration) Order, 1976;
(b) the Fisheries (Registration of Fishing Boats) Order, 1986; and
(c) the Fisheries Regulations, 1986.
[Regulations 3, 4 and 5]
[First Sch subs by reg 3 of SI 85 of 2019; am by reg 4 of SI 109 of 2020.]
REGULATION OF FISHERIES IN COMMERCIAL FISHING AREAS
A. PROHIBITED NETS
Commercial Fishing Area | Specified Nets | Extent of Area of Restriction |
Bangweulu Commercial Fishing Area Nets | Draw/seine net of any size | From shore in open lakes |
Chisense (P. moeruensis) draw of mesh size less than 10 mm | Throughout the area |
|
Multi-filament net of a mesh size less than 63 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Lower Kafue Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm, except for smaller species (Brycinus lateralis) 37 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Kariba Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament nets of mesh not less than 76 mm except for (Barbus Imberi) 51 mm | Throughout the area |
|
Kapenta nets of mesh size less than 10 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Lake Tanganyika Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh less than 63 mm | Throughout the area |
|
Monofilament net of all mesh sizes | Throughout the area |
|
Kapenta nets of mesh size less than 10 mm | ||
Bukabuka (L. stapersii) multi-filament drifting net of all sizes | ||
Lusiwashi Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Mweru-Luapula Commercial Fishing Area | Draw/seine net of any size | Throughout the area |
Chisense (P. moeruensis) draw nets of mesh size less than 10 mm | Throughout the area |
|
Multi-filament net of a mesh size less than 63 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Mweru-Wantipa Commercial Fishing Area | Draw/seine net of any size | Throughout the area |
Chisense (P. moeruensis) draw nets of mesh size less than 10 mm | Throughout the area |
|
Multi-filament net of amesh size less than 76 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Upper Zambezi Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm, except for (Nembele) | Throughout the area |
|
Monofilament nets of all sizes | Throughout the area |
|
Super Upper Zambezi | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Chambeshi Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 9 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Luangwa Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Middle Zambezi Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 51 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Lower Zambezi Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 76 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Itezhi-tezhi Upper Commercial Fishing Area | Multi-filament nets of mesh less than 76 mm | Throughout the area |
Modified purse seine net less than 8 mm for Kapenta fishing | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Draw/seine net of any mesh size | Throughout the area |
|
Upper Kafue Commercial Fishing Area | Draw/seine net of any mesh size | Throughout the area |
Multi-filament net of a mesh size less than 51 mm | Throughout the area |
|
Monofilament nets of all mesh sizes | Throughout the area |
|
Super Upper Kafue Commercial Fishing Area | Multi-filament net of a mesh size less than 51 mm | Throughout the area |
Monofilament nets of all mesh sizes | Throughout the area |
|
Draw/seine net of any mesh size | Throughout the area |
B. FISHING PERIOD
Commercial Fishing Area | Extent of Area | Fishing Period |
Mweru-Luapula | Mifimbo area | None |
The open water of Lake Mweru; the main stream of the Luapula River up to its confluence with the Luongo River; the main stream of the Kalungwisha River near Mununga; together with the verges of the lake and rivers respectively up to 150 metres above the watermark at any given date; and other waters lying within 30 kilometres of the aforesaid lake and rivers and their tributaries. | Throughout the year, except 1st December to the last day of February |
|
Bangweulu | The open water of Lakes Bangweulu, Walilupe, Chifunauli, Kampolombo, Kangwena, Wumba, Chaye, Chali and Waka-Waka; the permanent and seasonal swamps adjacent to the said lakes including all lagoons, channels and waterways therein; the Luapula river downstream to Mumbatuta Falls, the Mwapenda Estuary and river upstream to its junction with the Mulungushi River; the Lupososhi Estuary and river upstream to its junction with the Mufili River; the Luena Estuary and river upstream to the point immediately opposite Luena Mission Station; the Lukutu Estuary and river upstream to its junction with the Filonda Stream; the Luansenshi Estuary and river upstream to its junction with the Moboshi Stream; the Chambeshi River upstream to the Safwa Falls; together with the verges of the aforementioned water up to 2 kilometres from the watermark at any given date such other waters lying within 30 kilometres upstream of any tributary measured from the aforesaid waters. | Throughout the year, except 1st December to the last day of February |
Lower Kafue | The whole length of the Kafue River from Itezhi-Tezhi dam wall to the confluence of the Kafue/Zambezi rivers; together with verges of the lake and rivers respectively up to 150 metres above watermark at any given date other water lying within 30 kilometres of the lake and Musa Luwato and Nampongwe rivers, save that the boundary within the Lochinvar area which shall be mutually agreed from time to time between the Commissioner and National Parks authorities. | Throughout the year, except 1st December to the last day of February |
Lower Zambezi | The part of the Zambezi River within Zambia starting from the dam wall of Lake Kariba to the Zambia border with Mozambique and Zimbabwe at the Zambia-Luangwa confluence and the verges of Zambezi River within Zambia, other waters lying within 30 kilometres of the Zambezi river and its tributaries within Zambia. | Throughout the year, except 1st December to the last day of February |
Kariba-Inshore Fishery | Namazambwe river estuary, Mweemba river estuary, Chimini inlet, Maaze river estuary, Zongwe river estuary, Sikalamba river estuary, Nang'ombe river estuary, Jongola river estuary, Chezya river estuary, lufua river estuary, Nangandwe river estuary and Nanhunwe river estaury. | Throughout the year |
Kariba-Pelagic Fishery (Kapenta) | All the water of Lake Kariba from the river Devil's Gorge to the dam wall, together with the verges of the lake and rivers respectively up to 150 meters beyond a watermark at any given date, other waters lying within 30 kilometres of Lake Kariba and its tributaries. | Throughout the year, except for 10 days during the lunar period, that is full moon |
Lower Luangwa River | That part of the Luangwa River starting from Kampumbu to Luangwa and its verges up to 150 metres beyond the water mark at any given date, other waters lying within 30 kilometres along the tributaries of the aforesaid river. | Throughout the year |
Mweru-wa-ntipa | The whole Tabwa Tribe area including Lake Tondwa but excluding the other areas lying east of a line in a south-easterly direction starting at a point on the Zambia-Democratic Republic of Congo border at the confluence of the Munkonge and Kamusenga streams; thence in a straight line in a south-easterly direction to the most southern point of lake Kako; thence in a straight line in a south-easterly direction to point on the Mporokoso-Mbala District boundary at the confluence of the Chisala and Kamindwa streams; and the verges of the aforementioned waters up to 150 meters beyond the watermark at any given date. | Throughout the year, except 1st December to the last day of February |
Lukanga Swamps | The open water of Lake Suye and Lake Chiposhya; all the lagoons and swamps bounded by a straight line starting from Chipito in a north-easterly direction to White Mwika; thence a straight line in a south-easterly direction to a point 28 degrees east and 14 degrees 15' south; thence a straight line southwardly direction up to Chabambwa; thence a straight line more or less in a westerly direction back to the starting point at Chipito. The area shall include the verges of lakes and river respectively up to 150 meters above the watermark at any given date and other waters lying within 30 kilometres of the lakes, lagoons and rivers. | Throughout the year, except 1st December to the last day of February |
Lusiwashi | The open water of the lake together with the verges of the lake up to 150 metres above watermark at any given date; such other waters lying within 30 kilometres of the lake. | Throughout the year, except 1st December to the last day of February |
Upper Zambezi | That part of the Zambezi River starting from Lukulu to Mambova including the verges of the Zambezi River within that area up to 150 metres beyond the watermark at any given date; such other waters lying within 30 kilometres along the tributaries of the aforesaid river. | Throughout the year, except 1st December to the last day of February |
Super Upper Zambezi | That upstream part of the Zambezi River starting from Lukulu proceeding to the Zambian boarder with Angola north of Chavuma including its verges up to 150 meters beyond the waters lying within 30 kilometres along the tributaries of the Zambezi river including Lake Mwange other than Kabompo. | Throughout the year, except 1st December to the last day of February |
Chambeshi | That part of the Chambeshi River starting from Safwa Falls to the Chambeshi-Kalunga confluence; the verges of the said water extending up to 150 metres beyond the watermark at any given date, other waters lying within 30 kilometres along the tributaries of the Chambeshi river including the Luwala swamps. | Throughout the year, except 1st December to the last day of February |
Lower Zambezi | That part of the Zambezi River within Zambia starting from the wall of Lake Kariba to the Zambian boarder with Mozambique and Zimbabwe at the Zambezi-Luangwa confluence and the verges of Zambezi River within the aforesaid area; other waters lying within 30 kilometres of the Zambezi river and its tributaries within Zambia. | Throughout the year, except 1st December to the last day of February |
Upper Kafue | Mushigashi conservancy area from Mutwiba stream to Mushingwashi Kafue National Park boundary (21.5 kilometres). | None |
That part of the Kafue River from Makiya to the western end of the Lukanga swamps to the dam wall of lake Itezhi-Tezhi including lake Itezhi-Tezhi and the verges of those waters up to 150 metres beyond the watermark at any given date, other waters lying within 30 kilometres along the tributaries of the Kafue river and lake Itezhi-Tezhi. | Throughout the year, except 1st December to the last day of February |
|
Super Upper Kafue | That part of the Kafue River from Makiya up to the Zambia-Democratic Republic of Congo boarder including the verges of the Kafue river up to 150 metres beyond the watermark at any given date; other waters within 30 kilometres of the Kafue river and its tributaries of the said area. | Throughout the year, except 1st December to the last day of February |
Lunga | That part of the Lunga River starting from the Mutanda-Lungu rivers' confluence downwards passing through Nyoka and Lelongwa to the Lunga-Kafue Rivers' confluence, the verges of the Lunga river and its tributaries up to 150 metres beyond the watermark at any given date, other waters lying within 30 kilometres along the Lunga river and its tributaries. | Throughout the year, except 1st December to the last day of February |
Tanganyika | Chitili area, Kasakalawe area | None |
Nsumbu | None |
|
National Park | None |
|
The open water of Lake Tanganyika on the Zambia side of the boarder, the main stream of the Lufubu river upstream to the Mwepwe Falls, together with the verges of the lake and river respectively up to 150 metres beyond the watermark at any given date and other water lying within 30 kilometres of the Lufubu lake Tanganyika and river. | Throughout the year, except 10 days during the lunar period, that is full moon |
|
Itezhi-Tezhi-Pelagic Fishery (Kapenta) | Throughout the commercial fishing area. | Throughout the year, except for 10 days during the lunar period, that is full moon and 1st December to the last day of February |
Kabompo River | That part of the Kabompo River starting from the Kabompo-Zabezi confluence upstream to the Kabompo Gorge and the tributaries of the waters up to 150 metres beyond the watermark at any given date, other waters within 30 kilometres of the Kabompo River and its tributaries. | Throughout the year, except 1st December to the last day of February |
[Regulations 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35(2), 35(3), 36, 37, 38, 39, 40, 41, 42, 43(1), 44, 45, 46, 47, 48, 49, 50(1), 51, 52, 53, 54 and 55, 55C]
[Second Sch am by reg 4 of SI 85 of 2019.]
PRESCRIBED FORMS
FORMS I
[Regulation 20]
(To be completed in Duplicate)
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
The Fisheries Regulations, 2011
APPLICATION FOR IMPORT PERMIT
Shaded fields for Official use only |
Information Required | Information Provided |
INDIVIDUAL |
1. | (a) Forename(s) of applicant (b) Surname(s) of Applicant(s) |
(a) Nationality of applicant(s) |
|
Presentation of product and type of treatment (state whether live, refrigerated, frozen, salted smoked, preserved). |
Have you previously held a permit or licence which was suspended or cancelled by the |
Do you hold any other permit or licence under the Fisheries Act, 2011? | Type of Permit/Licence |
Have you ever been convicted of an offence under the Fisheries Act, 2011? Are there any proceedings now pending which may lead to such a conviction? |
16. | If yes, specify details:........................................... |
I/We ....................do solemnly declare as follows: (a) that the information provided in this Form is correct and true; (b) that my permit has never been suspended or cancelled; (c) that the fish will be caught, landed, packaged, handled, marked, prepared, processed, thawed, stored and transported under conditions equivalent to good manufacturing and hygiene practices; (d) that the fish has undergone health controls in the country of origin; and (e) that the fish do not come from toxic species or species contain bio-toxines; and I/we make this solemn declaration conscientiously believing the same to be true to the best of my/our knowledge and belief. ................. ................ Applicant's signature Date |
Received by:......................... ................... |
FORMS II
[Regulation 21]
(To be completed in Duplicate)
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR EXPORT PERMIT
Shaded fields for official use only |
Information Required | Information Provided |
|
1. | (a) Forename(s) (b) Surname(s) of applicant(s) |
(a) Nationality of applicant(s) |
|
Details of fish/fish product |
Have you previously held a permit or licence which was suspended or cancelled by the |
Reason for suspension/cancellation:.......................................... Date of suspension/cancellation:....................................... |
Do you hold any other permit or licence under the Fisheries Act, 2011? | Type of Permit/Licence |
Have you ever been convicted of an offence under the Fisheries Act, 2011? Are there any proceedings now pending which may lead to such a conviction? |
16. | If yes, specify details:........................................... |
I/We ....................do solemnly declare as follows: (a) that the information provided in this Form is correct and true; and (b) that my permit has never been suspended or cancelled; and I/we make this solemn declaration conscientiously believing the same to be true to the best of my/our knowledge and belief. ................. ................ Applicant's signature Date |
Received by:......................... ................... |
FORM III
[Regulations 22, 31, (2)]
40 and 48 (2)
(To be completed in duplicate)
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
REFERENCE NO:..........
REQUEST FOR FURTHER INFORMATION/PARTICULARS
To: (1)............................................(Here insert name of applicant)
Address:............................................
...............................................
are hereby requested to furnish the following information and documents in respect of your application;
(a)..............................................
(b)..............................................
(c)...............................................
(d).............................................within (2).....................(Insert number of days)days of this Notice. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected.
Dated this..............day of..............., 20.........
......................
Director of Fisheries
FORMS IV
[Regulation 23]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
PERMIT NO.:..........
SERIAL NO.;...............
IMPORT PERMIT
Name of holder:.......................................
Address:...........................................
YOU ARE HEREBY permitted to import the following ........................
for the purpose of ........................................
................................................
This Permit is valid for a period of ............from the...........day of.....
20 .............
The terms and conditions of the importation are attached herewith.
Issued at this........day of............., 20.....
.....................
Director of Fisheries
This Permit is not valid unless the Official Seal of the Fisheries Department has been affixed.
FORM V
[Regulation 24]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
PERMIT NO.:..........
SERIAL NO.;...............
EXPORT PERMIT
Name of holder: .......................................
Address: ...........................................
YOU ARE HEREBY permitted to import the following ........................
for the purpose of ........................................
................................................
This Permit is valid for a period of ............ from the ........... day of .....
20 .
The terms and conditions of the importation are attached herewith.
Issued at this........day of............., 20.....
.....................
Director of Fisheries
This Permit is not valid unless the Official Seal of the Fisheries Department has been affixed.
FORM VI
[Regulation 25, 31, (3), 42 and 48 (3)]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
Reference No.:.............
NOTICE OF REJECTION OF APPLICATION
1.Here insert the full names and address of applicant (2)Here insert type of application | To: (1) ............................................ Address: ............................................ ............................................... You are hereby notified that your application for (2) .......................... has been rejected on the following grounds: (a).............................................. (b)............................................. (c)............................................. (d)............................................. Dated this .............. day of ..............., 20. ...................... Director of Fisheries |
FORM VII
[Regulation 26(1), 34, 43 and 50(1)]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
NOTICE OF INTENTION TO SURRENDER PERMIT/LICENCE/REGISTRATION
PERMIT/LICENCE/REGISTRATION NO.:........
To the Director of Fisheries
I hereby notify your office that I intend to surrender my* permit/licence/registration on ...........
day of ................ 20. for the following reasons:
(a) .............................................
(b) ...............................................
(c) ...............................................
(d) ...............................................
Dated this ........ day of ......., 20 .
......................................
Name(s) and signature(s) of holder(s) of *permit/licence/registration
*Delete as appropriate
FORM VIII
[Regulations 27, 44 and 51]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR CONSENT TO TRANSFER PERMIT/LICENCE/REGISTRATION
Please complete in block letters | Shaded fields for official use only | Reference No. | |||||
Date and time | |||||||
Information required | Information provided | ||||||
1. | Permit/Licence/Registration No. | ||||||
2. | Current holder | ||||||
3. | (a) Name(s) of proposed holder(s) | ||||||
(b) Type of holder (tick as applicable) | Individual | Firm | Company | ||||
4. | Proposed holder's address | ||||||
Telephone | |||||||
Fax: | |||||||
E-mail: | |||||||
5. | Appendix | ||||||
Minutes of relevant meeting | |||||||
Reasons for transferring/entering into agreement to transfer | |||||||
Copy of agreement/letter to transfer | |||||||
Name of applicant (individual or authorised representative): ................................. Date: ..........................................Signature: .......................................... |
|||||||
FOR OFFICIAL USE ONLY Received by:....................... OfficerDate Receipt No:.......................... Amount received:....................... OFFICIAL STAMP Serial No. of application:..................... |
FORM IX
[Regulations 28(1), 35(2), 45(1)]
and 52(1))
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
Permit/Licence/Registration No.:.............
NOTICE OF INTENTION TO SUSPEND OR CANCEL *PERMIT/LICENCE/REGISTRATION
(1)Here insert the full names and address of holder (2)Here insert the type of application (3) Here insert the number of days (4) Signature of Director of Fisheries | To: (1) ............................................ ................................................ ............................................... IN THE MATTER OF (2) .................................. you are hereby notified that the Director of Fisheries intends to *suspend/cancel your *permit/licence/registration on the following grounds: (a).................................... (b).................................. (c) ................................................. (d)............................... Accordingly, you are requested to take action to remedy the breaches set out in paragraphs .......... (above) within (3) ......... days of receiving this Notice. Failure to remedy the said breaches shall result in the *suspension/cancellation of your permit/licence/registration. Dated this..............day of..............., 20. ...................... Director of Fisheries *Delete as appropriate |
FORM X
[Regulations 28(2), 35(3), 45(2)]
and 52(2))
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
Permit/Licence/Registration No.:.............
NOTICE OF SUSPENSION OR CANCELLATION OF *PERMIT/LICENCE/REGISTRATION
(1) Here insert the full names and address of holder (2)Here insert the type of application (4) Signature of Director of Fisheries | To: (1)............................................ ................................................ ............................................... IN THE MATTER OF (2) ............................. you are hereby notified that your *permit/licence/registration has been *suspended/cancelled on the following grounds: (a)........................................ (b)........................................ (c) ...................................... (d) ...................................... Dated this .............. day of ..............., 20. ...................... Director of Fisheries *Delete as appropriate |
FORM XI
[Regulations 29, 36, 46 and 53]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
Permit/Licence/Registration No.:.............
NOTIFICATION OF CHANGE IN PARTICULARS
To the Director of Fisheries:
Holder's Name:........................................
Notice is hereby given that the following changes have occurred in respect of the particulars relating to my permit/licence/registration:
Current details | New details |
The reason for the change is ..................................
.................................................
Date at ............ this ....... day of ..............., 20.
Signed: ................. Name: ..................
Witness: ......................................
Address: ......................................
Occupation: ....................................
FORM XII
[Regulations 30, 37, 47 and 54]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR DUPLICATE PERMIT/LICENCE/REGISTRATION
Please complete in block letters | Shaded fields for official use only | Permit/Licence/ Registration No. | ||||||
Date and time | ||||||||
Information required | Information provided | |||||||
1. | Name of applicant | |||||||
2. | (a) First name(s) | |||||||
(b) Surname(s) of applicant(s) | ||||||||
(c) Type of applicant (tick as applicable | Individual | Firm | Company | |||||
3. | (a) Nationality of applicant(s) | |||||||
(b) National Registration Card No. | ||||||||
(c) Passport No. | ||||||||
Date of issue | ||||||||
Place of issue | ||||||||
Expiry date | ||||||||
4. | (a) Notification address: | |||||||
Telephone/Cell No. | ||||||||
Fax No. | ||||||||
E-mail address | ||||||||
(b) Residential address | ||||||||
5. | How was the permit/licence/registration lost or destroyed? (specify details) (Attach copy of affidavit or report of destruction) | |||||||
|
FORM XIII
[Regulations 31 and 38]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR SPECIAL FISHING LICENCE
Please complete in black letters | Shaded fields for official use only | Reference No. | |||
Date and time | |||||
Information required | Information provided | ||||
INDIVIDUAL | |||||
1. | (a)Forename(s) of applicant | ||||
2. | (a) Nationality of applicant(s) | ||||
(b) National Registration Card No. | |||||
(c) Passport No. | |||||
Date of issue | |||||
Place of issue | |||||
Expiry date | |||||
3. | (a) Notification address | ||||
Telephone/Cell No. | |||||
Fax No. | |||||
E-mail address | |||||
(b) Residential address | |||||
FIRM | |||||
4. | (a) Business name | ||||
(b) Certificate of incorporation No. | |||||
(c) TPIN No. | |||||
(d) Business address | |||||
(e) Postal address | |||||
(f) E-mail address | |||||
GENERAL INFORMATION |
|||||
5. | Fishing area | Location | Fishing period | Storage approved | |
6. | Fishing equipment | Type | Preventive measures | Temperature | |
7. | Purpose of fishing | ||||
8. | Presentation of product and type of treatment (state whether live, refrigerated, frozen, salted smoked, preserved. | ||||
9. | Packaging | Type of packaging | Number of packages | Net weight | |
10. | Storage and transport | Mode of transport | Storage | Temperature | |
11. | Destination of product | Place of dispatch | Place of destination | Mode of transport | |
12. | Names and details of consignee | Names | Address | ||
13. | Have you previously held a permit or licence which was suspended or cancelled by the Director of Fisheries? | ||||
14. | Do you hold any other permit or licence under the Fisheries Act, 2011? | Permit/Licence No. | Type of Permit/Licence | Location | |
15. | Have you ever been convicted of an offence under the Fisheries Act, 2011? Are there any proceedings now pending which | ||||
| |||||
16. | STATUTORY DECLARATION | ||||
|
FORM XIV
[Regulation 32]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
LICENCE NO:............
SERIAL NO.:.............
SPECIAL FISHING LICENCE
Name of holder: ........................................
Address: ...........................................
YOU ARE HEREBY licensed to fish in the following areas ........................
for the purpose of ........................................
................................................
This Licence is valid for a period of ............ from the ............ day of
................, 20.........
The terms and conditions of the licence are attached herewith.
Issued at ............. this ...... day of ............., 20.
...........................
Director of Fisheries
This Licence is not valid unless the Official Seal of the Fisheries Department has been affixed.
FORM XV
[Regulation 39]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR REGISTRATION OF BOAT
Please complete in black letters | Shaded fields for official use only | Reference No. | |
Date and time | |||
Information required | Information provided | ||
INDIVIDUAL | |||
1. | (a)Forename(s) of applicant | ||
2. | (a) Nationality of applicant(s) | ||
(b) National Registration Card No. | |||
(c) Passport No. | |||
Date of issue | |||
Place of issue | |||
Expiry date | |||
3. | (a) Notification address | ||
Telephone/Cell No. | |||
Fax No. | |||
E-mail address | |||
(b) Residential address | |||
FIRM | |||
4. | (a) Business name | ||
(b) Certificate of incorporation No. | |||
(c) TPIN No. | |||
(d) Business address | |||
(e) Postal address | |||
(f) Email address | |||
GENERAL INFORMATION |
|||
5. | Purpose for which boat is to be registered | ||
6. | STATUTORY DECLARATION | ||
FOR OFFICIAL USE ONLY |
FORM XVI
[Regulation 41]
(To be completed in Duplicate)
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
REGISTRATION NO.:.........
SERIAL NO.:..........
REGISTRATION OF BOAT
Name of owner of boat: .....................................
Address: ...........................................
YOUR BOAT IS REGISTERED with the following details:
Make | Year made | Colour | Propelled by | Capacity/Netweight | Registration authority |
This Registration is valid for a period of ........... from the ........... day of
................, 20.
The terms and conditions of the registration are attached herewith.
Issued at ............. this ...... day of ............, 20.
..........................
Director of Fisheries
This Registration is not valid unless the Official Seal of the Fisheries Department has been affixed.
FORM XVII
[Regulations 48(1)]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
APPLICATION FOR AQUACULTURE LICENCE
Please complete in black letters | Shaded fields for official use only | Reference No. | ||||
Date and time | ||||||
Information required | Information provided | |||||
INDIVIDUAL |
||||||
1. | (a)Forename(s) of applicant | |||||
2. | (a) Nationality of applicant(s) | |||||
3. | (a) Notification address | |||||
Telephone/Cell No. | ||||||
Fax No. | ||||||
E-mail address | ||||||
(b) Residential address | ||||||
FIRM |
||||||
4. | (a) Business name | |||||
(b) Certificate of incorporation No. | ||||||
(c) TPIN No. | ||||||
(d) Business address | ||||||
(e) Postal address | ||||||
(f) Email address | ||||||
GENERAL INFORMATION |
||||||
5. | Area(s) to which aquaculture is to be done | |||||
6. | State the species of organisms to be cultivated | |||||
7. | Is the species indigenous (native or naturally occurring) to Zambia | |||||
8. | Is the species indigenous or naturally occurring to the area in which you propose to culture it? | |||||
9. | Have you conducted an Environmental Impact | |||||
10. | Do you have water rights from the Water Resources Management Authority? If yes, attach copy. | |||||
11 | State the proposed source of brood stock, post larvae, | Proposed source | Supplier | Stage of development of organism | ||
Name | Address | |||||
12. | State the type of acquaculture for which licence is required | (a) Ornamental breeding for export | ||||
(b) Angling in dams | ||||||
(c) Small earthen ponds (urban/peri-urban) producing less than 3t/year | ||||||
(d) Medium/large ponds | ||||||
(e) Culture of exotics | ||||||
(f) Cage culture/pen/tank/recirculation system | ||||||
(g) Fish hatchery | ||||||
13. | State proposed/current aquaculture facilities established | Total number of ponds | ||||
Total area of ponds | ||||||
Total number and volume of tanks | ||||||
Total number of cages/pens | ||||||
Total volume of cages | ||||||
14. | State the specific site at which aquacultures is/will be conducted (provide as much detail as possible describing the location, dimensions, legal description, overall area, map) | |||||
15. | State the expected/current production per year from the aquaculture facility | |||||
16. | State the method of processing, storage or curing of fish and fish products prior to sale (if any) | |||||
17. | STATUTORY DECLARATION | |||||
FOR OFFICIAL USE ONLY |
FORM XVIII
[Regulation 49]
REPUBLIC OF ZAMBIA
FISHERIES ACT, 2011
The Fisheries Regulations, 2011
LICENCE NO:............
SERIAL NO.:.............
AQUACULTURE LICENCE
This Licence is granted to (name of holder): .............................
of .............................................
to undertake acquaculture, specifically the cultivation of .....................
..............................................
for a period of .................. from the ......... day of ......................................., 20 ..
The terms and conditions of the Licence are attached herewith.
Issued at ............. this ...... day of ............., 20.
...........................
Director of Fisheries
This Licence is not valid unless the Official Seal of the Fisheries Department has been affixed.
FORM XIX
[Regulation 55C]
REPUBLIC OF ZAMBIA
THE FISHERIES ACT, 2011
(Act No. 22 of 2011)
The Fisheries Regulations, 2011
SERIAL NO.: .....
COMMERCIAL FISHING LICENCE
This licence is hereby granted to (Name of Holder) ...................................................................................
of ................................................................................ to fish in ............................
....................................................................................................................................................................
up to and including .....................................................................................................................................
This licence is subject to the following condition(s) ....................................................................................
.....................................................................................................................................................................
.....................................................................................................................................................................
Fee paid K ...................................................................................................................................................
Issued at ....................................... this .................. day of ......................... 20.......
....................
Director of Fisheries