LEGAL AND REGULATORY REQUIREMENTS FOR COMMERCIAL AQUACULTURE IN ZAMBIA J. MUTALE DEPT OF FISHERIES

1. LEGAL AND REGULATORY REQUIREMENTS FOR COMMERCIAL AQUACULTURE IN ZAMBIA J. MUTALE DEPT OF FISHERIES CHILANGA MAY, 2012

2. 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 2012 • The Environmental Management Act No.22 of 2011 (i)The Environmental Impact Assessment Regulations ,2017

3. Cont…………………………………… 3. The water Resource Management Act, No 21 of 2011 4. The Land act No. 29 of 1995

4. 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.

5. 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.

6. 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).

7. 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 .

8. 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 .

9. Cont……………. LICENCE FEES 1. ORNAMENTAL K3,000,000/Yr 2. ANGLING K5,000/DAY • SMALL-SCALE PONDS Less than 3T/HA/YR K10,000/Yr • 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/yr • Culture of Exotic fish( already in production) K 5,000,000 • CAGES/PEN/ RE-CIRCULATION (i) Less than 1T/YR) K 10,000 (ii) 1 to 5 T/Yr K 100,000 • (iii) 5 to 100T/Yr K 200,000 • (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

10. 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.

11. 10 BEST AQUACULTURE PRACTICE STANDARDS • Property Rights and Regulatory Compliance • Community Relations • Wetland Conservation & Biodiversity Protection • Effluent Management • Production practices • Use of Fertilizers and Feeds • FishEscapes, Use of non-native stocks and genetically modified organisms • Food Safety - Drug and Chemical Mgt • Food Safety-Microbial Sanitation • Food Safety -Harvest and Transport

12. 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).

13. 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

14. 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)

15. 3.0 LAND 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.

16. 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

17. 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.

18. 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:

19. 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:

20. GUIDE TO LEGAL REQUIREMENTS FOR AQUACULTURE DEVELOPERS

21. THE END THANK YOU