legal and regulatory requirements for commercial aquaculture in zambia j. mutale dept of fisheries...

LEGAL AND REGULATORY REQUIREMENTS FOR COMMERCIAL AQUACULTURE IN ZAMBIA

J. MUTALEDEPT OF FISHERIES

CHILANGAMAY, 2012

INTRODUCTION• LAWS AND REGULATIONS WITH SOME

POSITIVE AND NEGATIVE IMPACTS ON FISH FARMING:

1. The fisheries Act No.22 of 2012 (i) The Fisheries Regulations si No.24 of 20122.The Environmental Management Act No.22 of

2011 (i)The Environmental Impact Assessment

Regulations ,2017

Cont……………………………………3. The water Resource Management Act, No 21

of 20114. The Land act No. 29 of 1995

1.0 FISHERIES ACT

Prohibits introduction of fish of a species not native to the water into which it is introduced

or to other waters naturally connected here with

Prohibits import into the Republic any live fish without authority of Director of fisheries.

Prohibition of engaging in Aquaculture without a licence subject to section 41 of the Fisheries act no,22 of 2011

Has provisions for licence requirements to engage in commercial aquaculture; to ensure sustainable aquaculture practices and stimulate growth ( siting design, equipment, materials, control of species)

Requirement to conduct environmental impact assessment (EIA) for aquaculture.

Inspection of proposed site for aquaculture (inspection fee to be prescribed by regulation)

Restrictions on use of chemicals, hormones GMOs (regulation developed through BAP standards process).

•

Provisions for preparation of Aquaculture Dev Plan Every three years

The Fisheries and Aquaculture Development Fund with Contribution from aqua licences and Parliament

Provides for regulations to support the Act .

FISHERIES REGULATIONS Application form for licence ( Regulation

48(1) form xvii)Transfer of Aquaculture Licence (vii)Cancellation and suspension of an aquaculture

licence notice to licencee (iX) Aquaculture Licence ( Regulation 49 form

xviii) Licence fees are in SI No. 59 of 2008 (The

Fisheries (Fishing Licence fees) Regulations .

Cont……………. LICENCE FEES

1. ORNAMENTAL K3,000,000/Yr2. ANGLING K5,000/DAY3. SMALL-SCALE PONDS

Less than 3T/HA/YR K10,000/Yr 4. LARGE-SCALE PONDS

(i) 3 to 5T/HA/YR) K 30.000/ Yr

(ii) 5 to 100 T/Yr k 50,000/ Yr (iii) Over 100T/Yr K99,0000/yr5. Culture of Exotic fish( already in production) K 5,000,0006. CAGES/PEN/ RE-CIRCULATION

(i) Less than 1T/YR) K 10,000 (ii) 1 to 5 T/Yr K 100,0007. (iii) 5 to 100T/Yr K 200,0008. (iv) Over 100T/Yr K 500,000 FISH HATCHERY PERMITS (i) less than 10,000 fingerlings K50,000 (ii) 10 to 50,000 fingerlings K100,000 (iii) over 50.000 K500,000

5.0 BEST AQUACULTURE PRACTICES (BAP) STANDARDS

• 10 PROPOSED STANDARDS TO AUGMENT THE ACT AND DEVELOP INTO REGULATIONS.

• STANDARDS ADDRESS ENVIRONMENTAL, SOCIAL AND FOOD SAFEY ISSUES.

10 BEST AQUACULTURE PRACTICE STANDARDS

1. Property Rights and Regulatory Compliance

2. Community Relations3. Wetland Conservation &

Biodiversity Protection4. Effluent Management5. Production practices6. Use of Fertilizers and

Feeds

7. Fish Escapes, Use of non-native stocks and genetically modified organisms

8. Food Safety - Drug and Chemical Mgt

9. Food Safety-Microbial Sanitation

10. Food Safety -Harvest and Transport

BEST PRACTICES IN THE NADP CONTEXT• Addresses major social, environmental, food safety

and traceability issues. • Define the most important elements of responsible

aquaculture as in NADP.• Provide quantitative guidelines and auditing

procedures to evaluate adherence to regulations.• Developed with SMART criteria so may be

implemented objectively in the field.• Respect local, national and international laws

stipulated in the NADP.• Science-based and subject to regular improvement

through wide stakeholder consultations (AAG).

Proposed Aquaculture Regulations• PRELIMINARY • GENERAL AQUACULTURE MANAGEMENT• LICENCE• PROTECTION OF THE AQUATIC ENVIRONMENT• CONTROL OF AQUATIC ORGANISM DISEASES• IMPORTATION AND MOVEMENT OF FISHEXPORT OF AQUATIC ORGANISM AND

AQUACULTURE PRODUCTS• ENFORCEMENT• MISCELLANEOUS

•

2.0 ENVIRONMENTAL MANAGEMENT ACT,No.12 of 2011

Provides for environmental impact assessments (EIA) of investments in aquaculture;SI No 28 of 1997 requires fish farms producing 100t per year or more to conduct an EIA;the regulations require that projects in wetlands, zones of high biological diversity and areas of cultural and religious significance also require ‘Project Briefs’ and Environmental Impact Statements.All cage culture operations are required to do Project Briefs even if their production is less than 100t/yr. ( Regulation 7 (2) Second schedule 6e)

3.0LAND OWNERSHIP AND LAND USE PLANS

TWO LAND TENURE SYSTEMS Statutory- leasehold 99yrs Customary –traditional allocation For land based commercial aquaculture

operators should ensure they have documents relating to land ownership.

Traditional land tenure systems must change rapidly to allow women own

Min of Lands responsible for land allocations-Local authorities do so on behalf of lands.

CONT……………………………….Need for land use plans addressing special needs of

aquaculture such as strategic location along water bodies in the districts

Development of aquaculture require careful land use plans in sellected locations and zones

to prevent environmental degradation and avoiding of conflicts with other resources users

Licencing will prevent proliferation of Aquaculture facilities and activities in undesirable locations were conflicts will arise with other water and land users

4.0 WATER RIGHTS REQUIREMENTS

The Water Resource Management Act No.21 of 2011 sets conditions for allocation of water rights;

Sets out water uses conditions for primary and secondary uses including aquaculture; Thus minimizing conflicts

Requires water users to obtain Water Rights Certificates from Dept of Water Affairs/Water Board.

OTHER LEGISLATIONS Zambia is A signatory to international

agreements : Convention on International Trade in

Endangered Species of Fauna and Flora (CITES):

Convention on Biological Diversity:The Code of Conduct for Responsible

Fisheries:

Other Legislation cont…………..SADC Treaty for the Management of Shared Water Course Systems:Convention on Climate change: Vienna Convention for the Protection of the Ozone

Layer: United Nations Convention to Combat

Desertification:Convention on Wetlands of International

Importance Especially as Waterfowl Habitat:

GUIDE TO LEGAL REQUIREMENTS FOR AQUACULTURE DEVELOPERS

GGG

Zambia Investment Centre

The Zambia Investment Act investment licence

a) Ministry of Lands,b) Local Authority/Chiefs

a) The Lands Actb) The Local government ActC) Town and country Plan

lease hold title for land

Department of Fisheries (DOF)

The Fisheries Act,No.22 of 2011

authorisation/licence for aquaculture operations

Water BoardThe Water Resource Management Act,No.21 of 2011

water rights licence

Zambia environmental Management Agency

The Environmental Management Act, No. 12 of 2011(E1A Regulations)

Decision letter of project approval

THE END

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