Fisheries and Aquaculture Act, 2023
The Act applies to all waters where fish is found or can be farmed within Uganda; to all fisheries and aquaculture activities; and to any Ugandan-registered fishing vessel and acts or omissions on or by that vessel wherever it may be.
- Jurisdiction
- Uganda
- Instrument
- Act or statute
- Citation
- Act 5 of 2023
- Status
- Repealed
- Version
- 24 Mar 2023
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Uganda Legal Information Institute
Statute overview
About this statute
The Act applies to all waters where fish is found or can be farmed within Uganda; to all fisheries and aquaculture activities; and to any Ugandan-registered fishing vessel and acts or omissions on or by that vessel wherever it may be. States the purpose of the Act: to provide for the control and regulation of all fisheries and aquaculture production activities and related administration, financing, participation, competitiveness, quality and research. People involved in fisheries or aquaculture, or anyone exercising functions under this Act related to fisheries development or sustainability, must take into account and implement the environmental management principles prescribed in the National Environment Act, 2019. This section provides definitions of terms used in the Act (interpretation). The Directorate of Fisheries Resources must undertake the administration, management and development of fisheries and aquaculture under the Act, subject to the Minister's overall guidance in collaboration with local governments and other stakeholders.
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Legal text
Provisions of Fisheries and Aquaculture Act, 2023
Showing 68 of 68
Part I
Preliminary
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Preliminary - Application of Act
The Act applies to all waters where fish is found or can be farmed within Uganda; to all fisheries and aquaculture activities; and to any Ugandan-registered fishing vessel and acts or omissions on or by that vessel wherever it may be.
Section Application of Act Section This Act applies— to all waters where fish is found or can be farmed within the jurisdiction of Uganda; to all fisheries and aquaculture activities; and to any fishing vessel registered in Uganda and to any act or omission occurring on or by that vessel, wherever the vessel may be. - 2 Verify source ↗
Preliminary - Purpose of Act
States the purpose of the Act: to provide for the control and regulation of all fisheries and aquaculture production activities and related administration, financing, participation, competitiveness, quality and research.
Section Purpose of Act Section The purpose of this Act is— to provide for the control and regulation of all fisheries and aquaculture production activities and practices in an integrated manner to achieve conservation and sustainable economic, social and environmental benefits for the present and future generations; to provide for the administration, management and coordination of fisheries and aquaculture with local governments and other stakeholders at all levels; to create a sustainably financed Directorate for the management of the fisheries subsector with clearly defined structures and linkages between the mandates of central and local governments and the private sector; to promote and guide public participation in the management and conservation of fisheries resources, including women, youth and other vulnerable groups; to promote the competitiveness of the fisheries and aquaculture subsector and the diversification of fish and fish products; to promote and guide public private partnerships in fish production, value addition and marketing; to guarantee quality and safety of fish and fish products, including biosafety and biosecurity; to promote research-based decision making and sharing of information and data; and to provide for the mechanisation of fisheries, aquaculture and aquatic weed management. - 3 Verify source ↗
Preliminary - Environmental principles
People involved in fisheries or aquaculture, or anyone exercising functions under this Act related to fisheries development or sustainability, must take into account and implement the environmental management principles prescribed in the National Environment Act, 2019.
Section Environmental principles Section All persons involved in fisheries or aquaculture activities or any other person performing functions, duties or powers under this Act in relation to the development and utilisation of fisheries resources or ensuring sustainability shall take into account and give effect to the principles of environment management prescribed under the National Environment Act, 2019. - 4 Verify source ↗
Preliminary - Interpretation
This section provides definitions of terms used in the Act (interpretation).
Section Interpretation Section In this Act, unless the context otherwise requires— “ aquaculture ” means the planned and controlled farming of fish , molluscs, crustaceans and aquatic plants for nutrition, income and livelihoods; “ aquaculture activity ” means breeding fish , hatchery operation, aquaculture farming, fish feed manufacturing and trade, live fish trade, transportation of live fish , processing of farmed fish and plants, live fish storage, provision of aquaculture service, aquaculture net manufacturing and trade in aquaculture appliances and inputs; “ aquaculture establishment ” means a facility or premises on land or water approved for the production of fish through aquaculture or products used in aquaculture , but does not include a personal aquarium ; “ aquarium ” means an artificial pond or tank used for keeping or displaying live fish and aquatic plants for decorative, ornamental or entertainment purposes; “ artisanal fish processing facility ” means any local facility in a fishing community or a designated place where fish , fish or aquaculture products are prepared, handled, processed, chilled, frozen, packaged or stored; “ authorised officer ” means any person or category of persons prescribed under section 88 ; “ breeding ground ” means an area in the natural aquatic environment, where fish lay their eggs or spawn; “ Chief Fisheries Officer ” means the technical head of the Directorate of Fisheries Resources; “ commercial fishing ” means fishing for monetary gain, including trade, business or profit, where all or part of the catch is sold or bartered, but does not include subsistence or sport fishing ; “ Committee ” means the Fisheries and Aquaculture Advisory Committee established under section 9 ; “ currency point ” has the value assigned to it in the Schedule to this Act; “ Directorate ” means the Directorate of Fisheries Resources existing in the Ministry ; “ fish ” means any aquatic organism and includes any crustacean or mollusc, as well as their eggs, fry, fingerlings, or young but does not include reptiles or mammals; “ fish processing establishment ” means any premises where fish , fish or aquaculture products are prepared, handled, processed, chilled, frozen, packaged or stored, but does not include an auction or wholesale market in which only display and sale by wholesale takes place; “ fish product ” means any derivative of fish and includes dried, frozen or chilled fish and molluscs and aquatic plants; “ fisheries activity ” means fishing , transportation of fish , artisanal processing of fish , industrial fish processing , trade in fish maw, fish trade and other fish products, operating a fish processing establishment , manufacturing of fishing gear , fishing vessel building and recreational fishing and trading in fishing gear ; “ Fisheries Research Institute ” means the National Fisheries Resources Research Institute established under the National Agricultural Research Act, 2005; “ fishing ” means the catching, attracting, taking or harvesting of fish by any method and includes attempts to catch and searching for fish , but does not include aquaculture or the transportation of fish ; “ fishing gear ” means a tool used to capture aquatic resources; including a net, basket, trap, hook, line, spear or other implement; “ fishing vessel ” means any craft, raft or boat used for fishing but does not include a vessel used for— (a) the transport of fish or for aquaculture ; or (b) local fishing ; “ fishing waters ” includes all permanent or seasonal water bodies within the land borders of Uganda, capable of supporting fish and those parts of lakes, rivers and other water bodies shared with neighbouring countries, and over which Uganda exercises sovereignty; “ fishmonger ” means a person who trades in or sells fish or fish products; “ foreign fishing vessel ” means any fishing vessel licensed or registered in a foreign country; “ Hazard Analysis and Critical Control Point (HACCP) ” means a proactive food safety management system which identifies, evaluates and controls hazards that are significant and likely to occur at specific points in the food production chain; “ lake management organisation ” means a local government association established to co-ordinate the integrated planning and management of a lake under this Act; “ landing site ” means a landing site established in accordance with section 31 ; “ licence ” means a licence issued under this Act; “ local fishing ” means fishing without a licenced fishing vessel , where fish is caught for consumption by the person engaging in the fishing ; “ local government ” means a local council established under section 3(2) to (5) of the Local Governments Act; “ Minister ” means the Minister responsible for fisheries and aquaculture ; “ Ministry ” means the Ministry responsible for fisheries; “ minor lake ” means a lake other than Lake Victoria, Lake Albert, Lake Edward, Lake George and Lake Kyoga; “ ornamental fish ” means fish for display for leisure; “ processing ” includes cleaning, filleting, canning, salting, smoking, drying, cooking, pickling, grilling or otherwise preserving or preparing fish for the purpose of commercial purposes; “ recreational fishing ” means fishing for sport, recreation or amusement which does not lead to the sale or barter of the fish ; “ shared lake ” means a lake that cuts across the administrative boundary of two or more districts; “ Surveillance Unit ” means the Fisheries Monitoring Control and Surveillance Unit established by section 13 ; “ transboundary fisheries resources ” means fisheries resources; including wetlands, rivers, lakes or other water bodies shared by Uganda and any other country; “ undersize fish ” in relation to capture fisheries means fish of a length less than a length as may be prescribed by regulations; “ vehicle ” includes a machine or implement of any kind drawn or propelled along a road, whether by animal, mechanical, electrical or other motive power.
Part II
Administrative structure for fisheries and aquaculture management
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Administrative structure for fisheries and aquaculture management - Administration, management and development
The Directorate of Fisheries Resources must undertake the administration, management and development of fisheries and aquaculture under the Act, subject to the Minister's overall guidance in collaboration with local governments and other stakeholders.
Section Administration, management and development Section The administration, management and development of fisheries and aquaculture under this Act shall be undertaken by the Directorate of Fisheries Resources, subject to the overall guidance of the Minister in collaboration with local governments and other stakeholders.
Part III
Role of local governments
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Role of local governments - Mandate of Directorate in relation to local governments
The Directorate must inspect, monitor and coordinate fisheries and aquaculture initiatives as they apply to local governments; coordinate and advise on related projects involving local governments; and assist by providing technical advice, support, supervision and training so local governments can deliver fisheries and aquaculture services and develop capacity.
Section Mandate of Directorate in relation to local governments Section For the purposes of ensuring the implementation of national policies with respect to the fisheries and aquaculture subsector and adherence to performance standards by local governments and in accordance with the Local Governments Act, the Directorate shall be responsible for— inspecting, monitoring and co-ordinating of Government initiatives and policies in the fisheries and aquaculture subsector as the initiatives and policies apply to local governments; co-ordinating and advising persons and organisations in relation to fisheries and aquaculture projects involving direct relations with local governments; and assisting in the provision of technical advice, support, supervision and training to local governments to enable the local governments carry out the delivery of fisheries and aquaculture services in their respective areas, and to develop their capacity to manage fisheries resources and aquaculture development. - 22 Verify source ↗
Role of local governments - Functions of local governments
A local government must carry out a set of fisheries and aquaculture management functions, including collaboration, managing resources, making bylaws, planning fish landing sites, developing a district plan, and performing tasks delegated by the Chief Fisheries Officer.
Section Functions of local governments Section A local government shall— collaborate, through lake management organisations to ensure the sustainable management of fisheries on shared lakes; manage the fisheries resources within its jurisdiction under the guidance of the Chief Fisheries Officer ; coordinate the development of aquaculture within its jurisdiction; participate in the planning and development of fish landing sites; make bylaws and ordinances for sustainable fisheries and aquaculture management; where there are no lake management organisations, collaborate with landing site fisheries management committees as partners in the management of minor lakes; in consultation with the relevant ministries, departments and agencies, identify activities in the catchment area of any lake or water body that lie entirely within its administrative boundaries and which may impact on the biodiversity of the lake or water body or on the livelihoods of persons who depend on fisheries and, in relation to those activities, incorporate into local development plans, measures, including those relating to land use and natural resources, to prevent or mitigate such impacts; develop a district Fisheries and Aquaculture Management Plan in accordance with this Act; perform fisheries and aquaculture related tasks conferred by this Act or any other law; and perform such functions as may be delegated by the Chief Fisheries Officer under this Act. - 23 Verify source ↗
Role of local governments - District Fisheries Office
A District Council must establish a District Fisheries Office; a District Service Commission must appoint a District Fisheries Officer and any other officers needed for the office to function properly.
Section District Fisheries Office Section A District Council shall, in accordance with the Local Governments Act, establish a District Fisheries Office. A District Service Commission shall appoint a District Fisheries Officer and such other officers, as may be required for the proper functioning of the District Fisheries Office. - 24 Verify source ↗
Role of local governments - Functions of District Fisheries Officers
District Fisheries Officers must perform specified fisheries management and support functions and submit quarterly reports to the Chief Fisheries Officer.
Section Functions of District Fisheries Officers Section The functions of a District Fisheries Officer are— to co-ordinate with the Directorate and other relevant stakeholders on matters relating to fisheries and aquaculture ; to advise and guide the District Council on all matters relating to fisheries and aquaculture ; to sensitise, promote, guide and support the establishment and operation of landing site fisheries management committees and lake management organisations; to provide technical guidance and collaborate in the collection, analysis, use, storage and transfer of fisheries data and information for management purposes and to link the data to wider information management systems and development planning systems of the local government ; to provide such information to the Directorate as may be required for the purposes of fisheries management and aquaculture development; to provide technical guidance and collaborate with relevant stakeholders in the development of fisheries management and aquaculture development strategies; to support and promote extension and other related services in the development and provision of advisory services, including research relating to fisheries and aquaculture ; to ensure, in collaboration with lake management organisations and landing site fisheries management committees, that this Act and the regulations made under it are enforced; and to ensure, in collaboration with lake management organisations, fishing communities, civil society organisations and landing site fisheries management committees that licences and permits required under this Act are obtained. In addition to any report filed by the District Fisheries Officer under any written law, a District Fisheries Officer shall submit a quarterly report to the Chief Fisheries Officer on activities relating to fisheries management in the District.
Part IV
Sustainable use and management of fisheries and aquaculture resources
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Sustainable use and management of fisheries and aquaculture resources - Fisheries regulation and control
The Directorate is required to regulate and control fisheries and aquaculture activities and to consult relevant ministries, local governments and other stakeholders when performing those functions.
Section Fisheries regulation and control Section The regulation and control of fisheries and aquaculture activities, including monitoring and surveillance of all water bodies, fish handling, storage and processing facilities, fish markets, roads, air, entry and exit border points shall be under the Directorate . The Directorate shall, in the performance of its functions under subsection (1) , consult the relevant Government ministries, departments and agencies, local governments and other relevant stakeholders, as appropriate. - 26 Verify source ↗
Sustainable use and management of fisheries and aquaculture resources - Fisheries co-management structures
The Minister must, by regulations, establish and prescribe functions of fisheries co-management committees from the landing site up to national level with linkages to the regional level, listing specific committee types.
Section Fisheries co-management structures Section The Minister shall, by regulations, establish and prescribe functions of fisheries co-management committees from the landing site up to national level with linkages to the regional level including— landing site fisheries management committee; sub-county fisheries management committee; district fisheries management committee; lake wide fisheries management committees; national fisheries management committees; and regional fisheries management committees.
Part IX
Offences, penalties, fees, fines and other charges
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Offences, penalties, fees, fines and other charges - Impersonation of authorised officer
It describes an offence where a person who is not an authorised officer or Directorate employee assumes the identity or appearance of such an officer or employee for specified purposes.
Section Impersonation of authorised officer Section A person, not being an authorised officer or employee of the Directorate , who takes or assumes the name, designation, character or appearance of an authorised officer or employee of the Directorate for the purpose of— obtaining admission to any premises; doing or causing to be done any act which he or she is not entitled to do; or doing any unlawful act, - 101 Verify source ↗
Offences, penalties, fees, fines and other charges - Penalty for violating fish quality standards
A person who fails to comply with prescribed fish quality standards commits an offence and is liable on conviction to specified fines or imprisonment depending on whether the supply is for export, domestic market, or if the offender is an exporter.
Section Penalty for violating fish quality standards Section Aperson who fails to comply with the fish quality standards prescribed under this Act, commits an offence and is liable, on conviction— for supply of fish to a fish processing establishment for the export market, to a fine not exceeding two thousand currency points or imprisonment not exceeding one year, or both for a first offence and a subsequent offence, a fine not exceeding three thousand currency points or to imprisonment not exceeding two years, or both; for supply of fish to the domestic market, to a fine not exceeding two hundred currency points or to imprisonment not exceeding six months, or both; and for an exporter, in case of a first offence, to a fine not exceeding five thousand currency points or to imprisonment not exceeding three years, or both and, in addition, the court shall order the revocation of the export licence . - 102 Verify source ↗
Offences, penalties, fees, fines and other charges - Unlawful seizure
Prohibits a person from unlawfully taking, destroying, throwing overboard, or damaging anything seized under this Act.
Section Unlawful seizure Section A person who— takes, or causes or permits to be taken, anything seized under this Act otherwise than in accordance with this Act; breaks, destroys or throws overboard from any facility, aircraft, vessel or vehicle , anything for the purpose of preventing its seizure or for the purpose of preventing it from being secured after it has been seized; or destroys or damages anything that is seized under this Act otherwise than in circumstances provided for in this Act or regulations made under this Act, - 103 Verify source ↗
Offences, penalties, fees, fines and other charges - Removing or defacing seal
A person must not remove a Directorate seal from premises, a facility, or a package without authority, nor willfully alter, deface, obliterate or imitate any mark placed by an authorised officer on premises, a facility or a package.
Section Removing or defacing seal Section A person who— removes a seal of the Directorate from any premises, facility or package without the authority of an authorised officer ; or willfully alters, defaces, obliterates or imitates, any mark placed by an authorised officer on any premises, facility or package, - 104 Verify source ↗
Offences, penalties, fees, fines and other charges - Alerting offender
Anyone who, intending to obstruct an authorised officer or Directorate employee carrying out their duty, alerts or takes action to alert someone engaged in committing an offence under this Act commits an offence and faces a fine up to one thousand currency points or imprisonment up to one year, or both.
Section Alerting offender Section A person who, with intent to obstruct an authorised officer or an employee of the Directorate in the execution of his or her duty, alerts, or does any act for the purpose of alerting any person engaged in the commission of an offence under this Act, whether or not that person is in a position to take advantage of such alert or act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both. - 105 Verify source ↗
Offences, penalties, fees, fines and other charges - Conspiracy to commit an offence
Conspiring with another person to contravene any provision of the Act is an offence punishable by a fine up to one thousand currency points or imprisonment up to one year, or both.
Section Conspiracy to commit an offence Section A person who conspires with another person to contravene any of the provisions of this Act commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both. - 106 Verify source ↗
Offences, penalties, fees, fines and other charges - Continuing or subsequent offences
Continuing contraventions are offences and attract additional penalties, including per-day fines for ongoing breaches and higher fines or imprisonment for second or subsequent offences.
Section Continuing or subsequent offences Section A person who continues to contravene any of the provisions of this Act or regulations made under the Acts commits an offence and is liable to an additional penalty— A person who commits a second or subsequent offence is liable to pay an additional penalty— in the case of an individual, of a fine not exceeding one thousand currency points for each day on which the offence continues; or in the case of a body corporate, to a fine not exceeding ten thousand currency points for each day on which the offence continues. in the case of an individual, to a fine not exceeding fifty thousand currency points or imprisonment not exceeding ten years, or both; and in the case of a body corporate, to a fine not exceeding one hundred thousand currency points. - 107 Verify source ↗
Offences, penalties, fees, fines and other charges - General penalty
Where no specific penalty is provided, contravening any provision of the Act is an offence; on conviction an individual may be fined up to one thousand currency points or imprisoned for up to seven years (or both), and a body corporate may be fined up to ten thousand currency points.
Section General penalty Section A person who contravenes any provision of this Act for which no penalty is specifically provided, commits an offence and is liable, on conviction— in the case of an individual, to a fine not exceeding one thousand currency points or to imprisonment not exceeding seven years, or both; and in the case of a body corporate, to a fine not exceeding ten thousand currency points. - 108 Verify source ↗
Offences, penalties, fees, fines and other charges - Power of court to confiscate and order forfeiture
When a court convicts a person under this Act it may order forfeiture of fish/fish products or items used to commit the offence.
Section Power of court to confiscate and order forfeiture Section The court which convicts a person of an offence under this Act may order the forfeiture of— any fish or fish product in respect of which the offence was committed or which was found in the person’s possession or his or her agent’s possession; or any vehicle , vessel or other conveyance, machinery, goods or equipment, fishing gear implement, appliance, material, container, weapon or other thing which was used to commit the offence or which was capable of being used to take fish or fish products found in his or her possession and used in respect of the commission of the offence. Any fish or fish product forfeited under subsection (1) shall, unless otherwise ordered by the court, be destroyed, sold or otherwise disposed of as the court may determine. - 109 Verify source ↗
Offences, penalties, fees, fines and other charges - Power of court to order compensation
When a person is convicted under this Act, the court may order that person to pay compensation to the Government: an amount not exceeding five times the value of the fish, or up to ten times fees or payments that would have been payable if the act had been authorised.
Section Power of court to order compensation Section The court may, where a person is convicted of an offence under this Act, order the person to— pay to the Government, in addition to any penalty imposed by the court for the offence, an amount of compensation for that loss or damage not exceeding five times the value of the fish ; or pay up to ten times the amount of any fees or other payment which, had the act constituting the offence been authorised, would have been payable in respect of the authorised act. - 110 Verify source ↗
Offences, penalties, fees, fines and other charges - Offences committed by body corporate
If an offence by a company is shown to have been committed with the consent or connivance of, or due to neglect by, a director, manager, secretary or similar officer (or a person purporting to act in that capacity), that person, as well as the company, is treated as committing the offence; such a person is liable on conviction to a fine or imprisonment.
Section Offences committed by body corporate Section Where an offence committed by a body corporate under this Act is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, commits that offence. A person who commits an offence under subsection (1) is liable, on conviction, to a fine or to imprisonment prescribed by the relevant section. - 111 Verify source ↗
Offences, penalties, fees, fines and other charges - Deprivation of monetary benefits
A court that convicts someone may inquire into benefits from the offence and may impose a fine equal to the court’s estimate of that benefit, even if that exceeds statutory maximum penalties.
Section Deprivation of monetary benefits Section A court convicting a person of an offence under this Act may summarily and without pleadings, inquire into the money benefit acquired or saved by the person as a result of the commission of the offence and may, in addition to any other penalty imposed, impose a fine equal to the court’s estimation of that monetary benefit, notwithstanding any maximum penalty provided under this Act. - 112 Verify source ↗
Offences, penalties, fees, fines and other charges - Cancellation of licences and permits by court
The court may, on convicting a person granted a licence or permit of an offence under this Act, order cancellation of the licence or permit or disqualify that person from obtaining a licence or permit for a period as the court thinks fit.
Section Cancellation of licences and permits by court Section The court may, on convicting a person granted a licence or permit of an offence under this Act— order that the licence or permit be cancelled; or disqualify that person from obtaining a licence or permit for a period as the court thinks fit. - 113 Verify source ↗
Offences, penalties, fees, fines and other charges - Further powers of court
A court may, when convicting a person for an offence under the Act, order that person to do any act they had failed, refused or neglected to do, within a time specified in the order.
Section Further powers of court Section A court, on convicting any person for an offence under this Act, may order that person, within a time specified in the order, to do any act that the person had failed, refused or neglected to do. - 114 Verify source ↗
Offences, penalties, fees, fines and other charges - Express penalties
The Minister may, by regulations, prescribe an express penalty scheme for contraventions of any provision of this Act; prescribed express penalties must be deposited into the Consolidated Fund.
Section Express penalties Section The Minister may, by regulations, prescribe an express penalty scheme for contravention of any provision of this Act. For the avoidance of doubt, an express penalty prescribed under subsection (1) shall be deposited into the Consolidated Fund. - 93 Verify source ↗
Offences, penalties, fees, fines and other charges - General offences
If a person contravenes the terms or conditions of a licence or permit they commit an offence and on conviction face a fine up to one thousand currency points or imprisonment up to one year, or both.
Section General offences Section A person who contravenes any of the terms or conditions of a licence or permit commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both. - 94 Verify source ↗
Offences, penalties, fees, fines and other charges - Counterfeiting and similar offences
Making, issuing, altering, defacing, receiving or possessing certain licences, permits, stamps or fish products obtained in contravention of the Act is an offence punishable by up to a fine of one thousand currency points or up to one year imprisonment, or both.
Section Counterfeiting and similar offences Section A person who— counterfeits, or issues without authority, any licence or permit; submits false information in an application for a licence or permit; counterfeits, alters, obliterates or defaces any stamp, mark, sign, licence or permit; knowingly receives or keeps in his or her possession, any fish or fish product acquired in contravention of this Act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both. - 95 Verify source ↗
Offences, penalties, fees, fines and other charges - False statements and evidence of application
Making a false statement to obtain a licence or falsely representing oneself as a licence-holder is an offence punishable by up to a fine of one thousand currency points, up to one year imprisonment, or both.
Section False statements and evidence of application Section A person who— makes any statement which he or she knows to be false for the purpose of procuring, whether for himself or herself or any other person, the issue of a licence or permit under this Act; or falsely represents himself or herself to be a person to whom a licence or permit has been issued under this Act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both. In any proceedings before a court, the fact that a licence or a permit has been issued to a person shall be evidence that the person, for the purpose of obtaining that licence or permit, made a declaration that he or she was not disqualified from holding or obtaining the licence or permit. - 96 Verify source ↗
Offences, penalties, fees, fines and other charges - Prohibited fishing methods and fishing gear
Prohibits persons from using explosives, firearms, electric devices, poisons, unlawful fishing gear or methods, carrying such items with intent, and handling fish knowing they were taken by such methods; sets offences and penalties including imprisonment and fines; research use is exempt.
Section Prohibited fishing methods and fishing gear Section A person commits an offence who— Any person who— uses any explosive, fire-arm, any device capable of producing an electric current, poison; including poison made from a natural substance or other noxious substance for killing, stunning, disabling or catching fish ; uses any fishing method or fishing gear prescribed as unlawful; carries anything referred to in paragraph (a) or (b) in circumstances that indicate an intention to use it; or lands, sells, receives, transports or is found in possession of fish , knowing or having good cause to know it to have been taken using a method referred to in paragraph (a) . A person who commits an offence under subsection (1)(a) is liable, on conviction, to imprisonment not exceeding eight years without the option of a fine. A person who commits an offence under subsection (1)(b) , (c) or (d) , is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both. Subsections (1)(a) and (b) do not apply to the use of prohibited fishing methods or gear for purposes of research in accordance with this Act. The onus is on the person found with anything referred to in subsection 1(a) or (b) to prove that he or she was not intending to use it. manufactures, stocks or sells prohibited fishing gear , including nets with prohibited mesh sizes; or sells explosives or substances knowing or having good cause to know that they are likely to be used for illegal fishing , commits an offence and is liable, on conviction, to a fine not exceeding five thousand currency points or to imprisonment not exceeding three years, or both. - 97 Verify source ↗
Offences, penalties, fees, fines and other charges - Undersize fish
A person must not take, kill, buy, sell, expose for sale or possess undersize fish taken from fishing waters; the court may order payment equivalent to value at permitted size in addition to penalties.
Section Undersize fish Section A person who— in fishing waters , captures or kills any fish which is undersize; or buys, sells, exposes for sale or is in possession of any undersize fish taken from any fishing waters , In addition to any penalty imposed under subsection (1) , court may order the person to make good any loss occasioned by paying to court an amount equivalent to the value for the undersize fish in question at the rate of permitted size. - 98 Verify source ↗
Offences, penalties, fees, fines and other charges - Pollution
A person must not disturb, injure, poison, kill or detrimentally affect fish, fish spawning grounds, aquatic plants or animals, or place pollutants where they can reach fishing waters or any water body by casting, discharging or allowing hazardous substances or rubbish to enter those waters.
Section Pollution Section A person who— disturbs, injures, poisons, kills or detrimentally affects any fish , fish spawning ground, including any aquatic plant or animal or fish food in any part of the fishing waters , by casting, discharging or allowing to fall, flow or percolate into those waters, oil, chlorinated hydrocarbon, biocide, pesticide, toxic or any other hazardous substance, heavy metal or other material or rubbish; or places any pollutants in a place where, by natural means, they can be washed into or otherwise reach the fishing waters or any water body, - 99 Verify source ↗
Offences, penalties, fees, fines and other charges - Offences relating to authorised officers
A person commits an offence if they do any of the listed acts towards an authorised officer, such as failing to comply with lawful orders, refusing entry or access, obstructing, giving false information, refusing searches, or failing to identify themselves.
Section Offences relating to authorised officers Section A person who— fails to comply with a lawful order issued by an authorised officer in accordance with this Act; refuses an authorised officer entry upon any land, water, premises, facility, vehicle or vessel which he or she is empowered to enter by this Act; obstructs, intimidates, molests, hinders or wilfully delays an authorised officer in the exercise or performance of his or her powers and functions under this Act; refuses an authorised officer access to records, including electronic records, kept in accordance with this Act; knowingly or negligently misleads or gives wrongful or false information to an authorised officer under this Act; knowingly makes a statement or produces a document that is false or misleading in a material particular to an authorised officer engaged in carrying out his or her duties and functions under this Act; fails to produce anything required to be produced under this Act; refuses or resists a lawful search or inspection; or fails to state or wrongly states his or her name or address to an authorised officer in the course of his or her duties under this Act,
Part V
Licences and permits
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Licences and permits - Prohibition of fisheries and aquaculture activities without licence or permit
A person must not carry out any fisheries or aquaculture activity without the relevant licence or permit issued under this Act.
Section Prohibition of fisheries and aquaculture activities without licence or permit Section A person shall not engage in any fisheries or aquaculture activity without the relevant licence or permit issued under this Act. - 33 Verify source ↗
Licences and permits - Application for licence or permit
The Chief Fisheries Officer may issue licences or permits on application in the prescribed manner and payment of the prescribed fee; if the Officer refuses, they must inform the applicant in writing with reasons within thirty days; an aggrieved person may appeal to the Minister within fourteen days.
Section Application for licence or permit Section A licence shall be deemed to have been issued where the Chief Fisheries Officer does not— An application for a licence or permit under this Act shall be in the manner prescribed by regulations. Subject to this Act, the Chief Fisheries Officer may, on application being made in the prescribed manner and on payment of the prescribed fee, issue to an applicant, a licence or permit. A licence or permit shall be issued in such form and subject to such conditions as may be prescribed by regulations. Where the Chief Fisheries Officer refuses to issue a licence , he or she shall, within thirty days from the date of the application, inform the applicant, in writing, giving reasons for the refusal. issue a licence within the prescribed time; and inform the applicant, in writing, of the reasons for the refusal. A person who is aggrieved by the refusal of the Chief Fisheries Officer to issue a licence may appeal to the Minister within fourteen days from the date of communication of the refusal. The Chief Fisheries Officer shall, in determining an application for a licence or permit, have regard to the purposes of this Act. - 34 Verify source ↗
Licences and permits - Fishing vessel licence
A vessel must not be used for fishing unless it is registered under the Inland Water Transport Act, 2021, and there is in force a valid fishing vessel licence for that vessel.
Section Fishing vessel licence Section A vessel shall not be used for fishing unless— the vessel is registered under the Inland Water Transport Act, 2021; and there is in force, in respect of that vessel, a valid fishing vessel licence . The owner and crew of a vessel used in contravention of subsection (1) each commit an offence and are each liable, on conviction, to a fine not exceeding five thousand currency points or imprisonment for a term not exceeding three years, or both. - 35 Verify source ↗
Licences and permits - Fishing vessel licence conditions
Fishing vessel licences must have a unique identification plate; licences under section 34 must specify species, gear, size and crew details; owners and crew who use a vessel contrary to licence conditions commit an offence and face fines or imprisonment.
Section Fishing vessel licence conditions Section A fishing vessel licence maybe subject to general or special conditions and shall have a unique fishing vessel identification plate for the vessel to which it relates as may be prescribed by regulations. Notwithstanding subsection (1) , a license issued under section 34 shall specify the species, fishing gear , type and size, the number of each target species based on the state of stocks and the number of crew. The owner and crew of a vessel used in contravention of any condition relating to the fishing vessel licence , each commit an offence and are each liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term not exceeding one year, or both. - 36 Verify source ↗
Licences and permits - Fish transport licence
A vessel or vehicle must not be used to transport fish unless it is registered under the Inland Water Transport Act, 2021 or the Traffic and Road Safety Act, 1998 and a valid fish transport licence is in force; the Chief Fisheries Officer may delegate issuing power; owners and crew without a valid licence commit an offence with fines or imprisonment; subsistence transport is excluded.
Section Fish transport licence Section A vessel or vehicle shall not be used to transport fish unless— the vessel or vehicle is registered under the Inland Water Transport Act, 2021 or the Traffic and Road Safety Act, 1998 respectively; and there is in force in respect of that vessel or vehicle , a valid fish transport licence . The Chief Fisheries Officer may delegate the power to issue a fish transport license under subsection (1) to a District Fisheries Officer. The owner and crew of a vessel or vehicle which transports fish without a valid fish transport licence contrary to subsection (1) or in breach of any condition applicable to the licence, each commit an offence and are each liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment for a term not exceeding two years, or both. This section does not apply to the transportation of fish or fish products for subsistence purposes. - 37 Verify source ↗
Licences and permits - Fishmonger licence
A person must not trade in fish or fish products unless they have a valid fishmonger licence issued by the Chief Fisheries Officer.
Section Fishmonger licence Section A person shall not trade in fish or fish products unless he or she is in possession of a valid fishmonger licence issued by the Chief Fisheries Officer . The Chief Fisheries Officer may delegate the power to issue a fishmonger licence under subsection (1) to a District Fisheries Officer. A person who trades in fish or fish products without a fishmonger licence commits an offence and is liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment not exceeding two years, or both. - 38 Verify source ↗
Licences and permits - Prohibition of foreign fishing vessels
Foreign fishing vessels are prohibited from being used for commercial fishing in the waters of Uganda.
Section Prohibition of foreign fishing vessels Section A foreign fishing vessel shall not be used for commercial fishing in the waters of Uganda. A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five thousand currency points or to imprisonment not exceeding three years, or both. - 39 Verify source ↗
Licences and permits - Fish movement permit
Moving fish or fish products for trade is prohibited unless the person holds a valid fish movement permit; holders must carry and exhibit the permit; unauthorised movement is an offence with fines or imprisonment; permits follow prescribed form.
Section Fish movement permit Section A person shall not, for purposes of trade, move fish or fish products from one place to another unless he or she is in possession of a valid fish movement permit issued by a District Fisheries Officer. A person who, for purposes of trade, moves fish or fish products without a fish movement permit commits an offence and is liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment not exceeding one year, or both. The holder of a fish movement permit shall cause the permit to be carried and exhibited at all times. A fish movement permit shall be in the form prescribed by regulations.
Part VI
Regulation of aquaculture
- 57 Verify source ↗
Regulation of aquaculture - Regulation of aquaculture practices
Regulation and approval of aquaculture establishments must be carried out in collaboration with relevant stakeholders.
Section Regulation of aquaculture practices Section The regulation of aquaculture and approval of aquaculture establishments shall be carried out in collaboration with relevant stakeholders. - 58 Verify source ↗
Regulation of aquaculture - Provision of adequate measures for confinement
A person must not carry out aquaculture unless they have adequate measures to confine fish and prevent their escape from the establishment.
Section Provision of adequate measures for confinement Section A person shall not carry out aquaculture without adequate measures for confinement of the fish to prevent escape from the establishment. - 59 Verify source ↗
Regulation of aquaculture - Environmental and social impact assessment
A person must not engage in commercial aquaculture unless they have carried out the required environmental and social impact assessment under the National Environment Act, 2019.
Section Environmental and social impact assessment Section A person shall not engage in aquaculture for commercial purposes without carrying out the relevant environmental and social impact assessment in accordance with the National Environment Act, 2019. - 60 Verify source ↗
Regulation of aquaculture - Safety and quality measures
A person constructing an aquaculture establishment must build it to ensure safety and quality of live fish, fish products and the environment, and must put in place sanitary measures prescribed by regulations to protect health and product quality.
Section Safety and quality measures Section A person engaged in the construction of an aquaculture establishment shall— construct the aquaculture establishment in such a manner as to ensure the safety and quality of the live fish and fish products and the environment; and put in place sanitary measures in a manner prescribed by regulations to ensure health for fish and other animals and aquatic plants, safety and quality of products and protection of the environment. - 61 Verify source ↗
Regulation of aquaculture - Prevention and control of contaminants and other diseasecausing agents
People engaged in aquaculture must have measures to prevent and control contaminants and other disease‑causing agents and must comply with sanitary measures prescribed by the Chief Fisheries Officer.
Section Prevention and control of contaminants and other diseasecausing agents Section A person engaged in aquaculture shall not practice aquaculture without having in place measures to prevent and control contaminants and other disease-causing agents arising from the air, soil, water, feed, fertilisers, fish stock, veterinary drugs, and agricultural chemicals, including pesticides or any other source of contaminants. A person engaged in aquaculture shall comply with the standard sanitary measures for aquaculture prescribed by guidelines issued by the Chief Fisheries Officer . - 62 Verify source ↗
Regulation of aquaculture - Aquaculture activity licence
A person must not engage in aquaculture without a valid licence; applications must be made to the Chief Fisheries Officer in the prescribed form with the prescribed fee; the Chief Fisheries Officer must ensure stakeholder consultations as prescribed.
Section Aquaculture activity licence Section The Chief Fisheries Officer shall not issue a licence under this section unless he or she is satisfied that— A person shall not engage in an aquaculture activity without a valid licence issued by the Chief Fisheries Officer in respect of that aquaculture activity , under this Part. An application for an aquaculture activity licence shall be made to the Chief Fisheries Officer in the prescribed form and shall be accompanied by the prescribed application fee. The Chief Fisheries Officer shall, before determining an application under this section, ensure that consultations with stakeholders are carried out in accordance with such procedures as may be prescribed by regulations. The procedures under subsection (4) may require the costs of, and ancillary to consultation, to be borne wholly or partly by the applicant. the applicant has the legal right to occupy any land required for the operation of the aquaculture establishment , and to use the land for that purpose; the applicant has the legal right to abstract or use any water required for the operation of the aquaculture establishment and to discharge any waste water or effluent from that establishment; the aquaculture establishment is in the public interest; and the applicant has complied with the National Environment Act, 2019 and any other applicable written law. The provisions relating to licensing under Part V to this Act shall apply to an aquaculture activity licence with the necessary modifications. A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding two years, or both. - 63 Verify source ↗
Regulation of aquaculture - Conditions of aquaculture activity licence
Section Conditions of aquaculture activity licence Section An aquaculture activity licence may contain such conditions as the Chief Fisheries Officer considers necessary to ensure the protection of the environment and fish in adjacent or
Section Conditions of aquaculture activity licence Section An aquaculture activity licence may contain such conditions as the Chief Fisheries Officer considers necessary to ensure the protection of the environment and fish in adjacent or connected waters, including conditions relating to— the species and quantities of fish that may be introduced into a particular aquaculture establishment ; the structure, equipment and maintenance practices pertaining to that aquaculture establishment ; measures relating to the health of fish maintained within the aquaculture establishment , including the use of any drugs or pharmaceutical applications; the types of feed that may be used; and the disposal of dead fish , waste or other materials resulting from aquaculture . The Chief Fisheries Officer shall, in determining the conditions to be included in an aquaculture activity licence , have regard to the regulations, as may be made by the Minister . A person who operates an aquaculture establishment in breach of the conditions of the relevant aquaculture activity licence commits an offence and is liable, on conviction, to a fine not exceeding two thousand five hundred currency points or to imprisonment not exceeding two years, or both. - 64 Verify source ↗
Regulation of aquaculture - Alterations to aquaculture establishment
An aquaculture establishment cannot be altered unless the Chief Fisheries Officer gives prior written consent.
Section Alterations to aquaculture establishment Section An aquaculture establishment shall not be altered without the prior consent, in writing, of the Chief Fisheries Officer . - 65 Verify source ↗
Regulation of aquaculture - Aquaculture not to impair other activities
The Chief Fisheries Officer must, with local governments and other relevant bodies, ensure aquaculture development is ecologically sustainable, does not affect local communities' livelihoods or access to fishing grounds, and that siting does not deprive access.
Section Aquaculture not to impair other activities Section The Chief Fisheries Officer shall, in collaboration with local governments and other relevant bodies ensure that— the development of aquaculture is ecologically sustainable and allows the rational use of the resource shared by aquaculture and other activities; the livelihood, culture and traditions of local communities and their access to fishing grounds are not affected by aquaculture development; and the siting of aquaculture establishments does not deprive local communities of access to fishing grounds. - 66 Verify source ↗
Regulation of aquaculture - Notice of disease
If the Chief Fisheries Officer is satisfied that aquaculture stocks are infected, the Chief Fisheries Officer must give written notice to the owner or person in charge requiring destruction or other measures; owners or persons in charge who suspect disease must notify an authorised officer, and the authorised officer must promptly notify the Chief Fisheries Officer.
Section Notice of disease Section Where the Chief Fisheries Officer is satisfied that any fish , aquatic plants or aquaculture product in the aquaculture establishment is infected with any disease, the Chief Fisheries Officer shall, in consultation with the Commissioner responsible for animal health and the Fisheries Research Institute , give notice in writing to the owner or person in charge of the aquaculture establishment , requiring— An owner or a person in charge of an aquaculture establishment who suspects fish , aquatic plant or aquaculture product in the aquaculture establishment to be infected with a disease shall notify an authorised officer . The authorised officer shall, as soon as practicable, notify the Chief Fisheries Officer of the disease. the destruction of all fish , aquatic plants or aquaculture products in the establishment; or the taking of such measures as the Chief Fisheries Officer may specify in the notice. - 67 Verify source ↗
Regulation of aquaculture - Compliance with guidelines and codes of practice
Biosecurity mechanisms at an aquaculture establishment must be in accordance with guidelines and the Code of Practice for Aquaculture issued by the Chief Fisheries Officer.
Section Compliance with guidelines and codes of practice Section The biosecurity mechanisms at an aquaculture establishment shall be in accordance with guidelines and the Code of Practice for Aquaculture issued by the Chief Fisheries Officer . - 68 Verify source ↗
Regulation of aquaculture - Import or export permit for live fish
Imports and exports of live fish for aquaculture require permits and fish health certificates; the Chief Fisheries Officer may refuse import permits on specified ecological risk grounds and can require a risk assessment.
Section Import or export permit for live fish Section The Chief Fisheries Officer may refuse to grant an import permit if the fish to be imported— A person shall not import live fish into Uganda for purposes of aquaculture or any other purpose without an import permit issued by the Chief Fisheries Officer and a fish health certificate from the country of origin. A person shall not export live fish from Uganda for purposes of aquaculture without an export permit and a fish health certificate issued by the Chief Fisheries Officer . A person who wishes to import or export fish shall apply to the Chief Fisheries Officer in the manner prescribed by regulations. The Chief Fisheries Officer shall, before granting an import permit, require an applicant to carry out a risk assessment study in respect of the fish to be imported. presents a danger of degradation of native species through the influx of exotic genes that are less fit, either by means of hybridization or hypothetically by gene transfer; or presents a danger of loss of native species or change in species composition through competition, predation and habitat degradation. - 69 Verify source ↗
Regulation of aquaculture - Tampering with aquaculture establishment
A person must not tamper with or add items, organisms or deleterious substances to an aquaculture establishment; contravention is an offence punishable by a fine not exceeding three thousand currency points or imprisonment not exceeding one year, or both.
Section Tampering with aquaculture establishment Section A person shall not tamper with or add an item or organism or deleterious substance to an aquaculture establishment . A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding three thousand currency points or to imprisonment not exceeding one year, or both. - 70 Verify source ↗
Regulation of aquaculture - Aquaculture inputs
People who intend to produce, distribute or import aquaculture inputs (including fish seed, feeds, fertilizers, hormones or antibiotics) must apply to the Chief Fisheries Officer for certification; it is prohibited to produce, distribute or sell fish seed to fish farmers without a fish seed production certificate issued by the Chief Fisheries Officer; contravention is an offence punishable by a fine not exceeding five thousand currency points or imprisonment not exceeding three years, or both.
Section Aquaculture inputs Section A person who intends to engage in production for sale and distribution or importation of aquaculture inputs including fish seed, aquaculture feeds, aquaculture fertilizers, hormones or antibiotics for aquaculture use shall apply to the Chief Fisheries Officer for certification. A person shall not produce, distribute or sell fish seed to fish farmers without a fish seed production certificate issued by the Chief Fisheries Officer . An application under this section shall be in a manner prescribed by regulations. A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding five thousand currency points or to imprisonment not exceeding three years, or both. - 71 Verify source ↗
Regulation of aquaculture - Fish feeds permitted in aquaculture
A person must not use fish feeds in an aquaculture establishment unless the feeds contain all nutrients in the proportions required for optimum growth of the target fish as prescribed by regulations.
Section Fish feeds permitted in aquaculture Section A person shall not use fish feeds in an aquaculture establishment that do not contain all the nutrients in the proportions required for optimum growth of the target fish as prescribed by regulations. - 72 Verify source ↗
Regulation of aquaculture - Approval of veterinary products and medicinal premixes
People must not use veterinary therapeutic products or medicinal premixes in fish feeds unless those products are approved for use by the Chief Fisheries Officer in consultation with the Commissioner responsible for animal health.
Section Approval of veterinary products and medicinal premixes Section A person shall not use veterinary therapeutic products and medicinal premixes in fish feeds unless the veterinary therapeutic products and medicinal premixes are approved for use by the Chief Fisheries Officer , in consultation with the Commissioner responsible for animal health.
Part VIII
Enforcement
- 88 Verify source ↗
Enforcement - Authorised officers
Defines who are authorised officers; allows the Chief Fisheries Officer to designate public officers as authorised officers; and gives authorised officers the same powers as Surveillance Unit officers under sections 16–20.
Section Authorised officers Section For the purposes of this Act, the following persons are authorised officers— fisheries inspectors and other officers of the Directorate ; local government fisheries officers designated, in writing, by the Chief Fisheries Officers; and officers employed in the Surveillance Unit . Notwithstanding subsection (1) , the Chief Fisheries Officer may, in consultation with the relevant ministry, department or agency of government, by statutory instrument, designate public officers as authorised officers. Authorised officers shall have the same powers as officers of the Surveillance Unit specified in sections 16 , 17 , 18 , 19 and 20 .
Part X
Miscellaneous
- 115 Verify source ↗
Miscellaneous - Cooperation in fisheries management
The Minister must set up collaboration mechanisms with regional and international partners for sustainable global fisheries management; the Minister may collaborate with foreign affairs and other ministries on transboundary fisheries programmes (subject to the Constitution) and may establish a national focal point on the Chief Fisheries Officer's recommendation.
Section Cooperation in fisheries management Section The Minister shall establish mechanisms for collaboration with the regional and international community to contribute towards a peaceful, healthier and better global fisheries management for the present and future generations. The Minister may, subject to the Constitution, collaborate with the Ministry responsible for foreign affairs, sector ministries and agencies, to initiate, coordinate and implement transboundary fisheries resources management programmes with other countries. Without prejudice to subsection (2) , the Minister may, on the recommendation of the Chief Fisheries Officer , establish a national focal point for the coordinated implementation of multilateral environmental agreements to enable effective preparation for negotiations, reporting, feedback and national implementation. - 116 Verify source ↗
Miscellaneous - Research and training
The Minister may carry out or commission research (in consultation with institutions, stakeholders and local governments) for conservation and utilisation of fisheries and biodiversity, and must ensure training of Directorate officers, authorised officers, other public officers and stakeholders for sustainable management of fisheries resources.
Section Research and training Section The Minister , in consultation with relevant research and training institutions, stakeholders and local governments— may carry out or commission research for the purpose of conservation, development and utilisation of fisheries resources, and for the conservation of biological diversity resources; and shall ensure the training of officers of the Directorate , authorised officers and other public officers and stakeholders for the development and sustainable management of fisheries resources. - 117 Verify source ↗
Miscellaneous - Information
The Chief Fisheries Officer may require applicants for licences or permits to provide information about the related activity, and may require various fisheries-related actors to make returns of fish caught, landed, transported, processed, bought or sold.
Section Information Section The Chief Fisheries Officer may require an applicant for a licence or a permit to provide him or her with information concerning any activity relating to the licence or permit applied for under this Act as he or she may deem necessary. The Chief Fisheries Officer may require commercial fishers, persons engaged in aquaculture , whether under a permit or not, fish wholesalers and retailers, fish processors, fish transporters, and owners of catering establishments or fish importers to make returns of fish caught, landed, transported, processed, bought or sold by them. - 118 Verify source ↗
Miscellaneous - Management of fisheries information
The Chief Fisheries Officer is required to collect, document, evaluate and share fisheries information, run education, coordinate exchanges and local government support, advise government, set guidelines, require submissions, establish a national information centre, and may publish fisheries information for public awareness.
Section Management of fisheries information Section The Chief Fisheries Officer shall— gather, document, evaluate and disseminate information on fisheries resources; carry out public education and awareness on fisheries resources; foster information exchange on fisheries with other ministries, departments, agencies of government, foreign agencies, international and nongovernmental agencies; coordinate and support local governments in the management of fisheries information; advise Government on fisheries information gaps and needs; issue guidelines and establish principles for the gathering, documentation, evaluation and dissemination of fisheries information; and require a local government or any person to submit fisheries information to the Chief Fisheries Officer . The Chief Fisheries Officer shall establish a national fisheries information resource centre to standardise fisheries information and to act as the central depository for fisheries information. The Chief Fisheries Officer may publish any fisheries information as he or she considers necessary for public education and awareness. - 119 Verify source ↗
Miscellaneous - Access to information
Every citizen has a right to access information related to this Act; a citizen seeking such information must apply to the Chief Fisheries Officer and access is granted upon payment of the prescribed fee, subject to article 41 and the Access to Information Act, 2005.
Section Access to information Section Subject to article 41 of the Constitution and the Access to Information Act, 2005, every citizen has a right of access to any information relating to the implementation of this Act, submitted to or in the possession of the Directorate , a local government or any other relevant stakeholder. A citizen desiring information under subsection (1) shall apply to the Chief Fisheries Officer and shall be granted access to the information on the payment of the prescribed fee. - 120 Verify source ↗
Miscellaneous - Regulations
The Minister may, in consultation with stakeholders, make regulations by statutory instrument to carry out the purposes of the Act and on many specific fisheries matters; regulations may set penalties and must be laid before Parliament for approval in certain cases.
Section Regulations Section Without prejudice to the generality of subsection (1) , the Minister may make regulations in respect of any or all of the following matters— Regulations made under this section may, in respect of any contravention— The Minister may, in consultation with the relevant stakeholders, by statutory instrument, make regulations generally for the better carrying out of the purposes of this Act. the establishment, management and closure of fishing activities at the landing sites; measures to protect wetlands and fish breeding grounds from damage caused by specific fishing methods; the control and prohibition of methods of fishing and protection of fish stock and habitats from the effects of pollution or from the effects of measures taken to eliminate or control pollution; the conservation, sustainable management or utilisation and protection of fisheries resources, including the establishment of closed areas and the declaration of closed seasons, the prescription of the limits on the amounts, sizes and weights of fish caught, retained or traded; methods of fishing ; the procedure for application for licences and permits; the marketing, purchase, sale, processing , canning or freezing of fish , either generally or in respect of any particular area or areas; fish culture, aquatic pests and weed, fish farming and fish breeding; the extraction, handling, processing , transportation and marketing of fish maws; the importation, exportation and manufacture of fishing gear ; limiting the numbers of licences and permits; whether generally or specifically; fees or charges payable under this Act, including landing site user fees; closing an area or areas to commercial fishing , or prohibiting a method or methods of commercial fishing within an area or areas, for the purpose of sustainable management of fisheries resources; recreational and local fishing , including restrictions on the amount of fish that may be caught; the restocking of water bodies; the introduction of alien and exotic species and regulating the import and export of live freshwater or marine fish and fry and their spawn, any other aquatic organisms and aquatic plants; aquaculture and fish breeding, including the issue by the Chief Fisheries Officer of guidelines, instructions and codes of practice for the maintenance and operation of aquaculture facilities; the control of diseases of fish , including the destruction of any live fish stock in aquaculture facilities; the handling, sale, transport, storage, treatment, processing and labeling of fish and fish products to promote the value of fish and fish products, and to minimise or prevent risks to human health; prescribing specifications for fish processing establishments, cold rooms, ice plants, fish transportation vehicles, boats and landing sites; light fishing and the type of light fishing per water body; equitable sharing of fisheries resources; prescribing the standards for boats and boat size per water body; prescribing the number of boats per person or company; prescribing the number of nets per boat; prescribing the type of fishing gear per water body; bait fishing , transportation and storage of bait; the gazetting of closed seasons and fish breeding areas; the management of fish processing establishments and artisanal fish processing facilities to prepare and implement quality management programmes and own checks; monitoring quality management programmes and application of Hazard Analysis and Critical Control Point (HACCP); the performing of microbiological and chemical and physical analyses on fish and fish products before they are released for human consumption; certifying the quality of fish and fish products through issuance of sanitary certificate before they are placed on the market; prescribing the manner in which fish and fish products placed on the market shall be labelled; prescribing ornamental fish ; prohibiting or regulating trade in fish or fish products; establishing a traceability system of fish and fish products at any stage; the methods, equipment, and devices to be used for determining the size or weight of any fish and regulating or prohibiting the possession or use of any kind of fishing gear , equipment, or device used for, or related to, fishing ; prescribing undersize fish and regulating or prohibiting the catching of undersize fish , either generally or in respect of any species of fish or specified area; permitted by-catch or non-target fish species; the notification of diseases dangerous to fish and the measures to be taken to control or eradicate the notified diseases; prescribing details and conditions relating to the registration of fishing vessels and fish carriers and related matters, the method or methods of identifying fishing vessels and fish carriers, the identification marks or symbols or distinguishing flags to be carried by such vessels and by tenders and similar vessels carried by or attached to or used in conjunction with registered vessels, and the identification marks on sails, nets or seines, and other fishing gear used in fishing , by vessels or otherwise; specifying information concerning fisheries activities to be provided to the Chief Fisheries Officer and the form, format and frequency within which the information is to be submitted; prescribing forms and other documents required for the purposes of this Act; and prescribing the form and contents of registers to be kept under this Act. Regulations made under this section may apply to all water bodies in Uganda, a single lake, water body or part of a water body. provide for additional enforcement powers of authorised officers; provide for the forfeiture of anything used in the commission of an offence; prescribe a penalty of a fine not exceeding one thousand currency points or imprisonment not exceeding three years, or both; in the case of a continuing contravention, prescribe an additional penalty not exceeding five hundred currency points in respect of each day on which the offence continues; or prescribe a higher penalty not exceeding two thousand currency points or imprisonment not exceeding ten years or both in respect of a second or subsequent contravention. The Minister shall lay the regulations made under subsection (2)(d) , (h) , (n) , (t) , (v) , (w) , (x) , (y) , (z) and (aa) before Parliament for approval. Regulations laid before Parliament under subsection (5) shall be approved by Parliament within sixty days from the date of laying. Where Parliament does not approve the regulations within the period prescribed under subsection (6) , the regulations shall be deemed to have been approved. - 121 Verify source ↗
Miscellaneous - Guidelines
The Chief Fisheries Officer may issue guidelines and codes of practice relating to fisheries and fisheries management, provided they are not inconsistent with this Act and regulations made under this Act.
Section Guidelines Section The Chief Fisheries Officer may issue guidelines and codes of practice relating to fisheries and fisheries management not inconsistent with this Act and regulations made under this Act. - 122 Verify source ↗
Miscellaneous - Amendment of Schedule
The Minister may amend the Schedule to this Act, by statutory instrument and with the approval of Cabinet.
Section Amendment of Schedule Section The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act.
Part XI
Repeal, savings and transitional
- 123 Verify source ↗
Repeal, savings and transitional - Repeal of Cap. 197 and Cap. 199
Repeals the Fish Act and the Trout Protection Act; preserves in-force statutory instruments made under those Acts until revoked or inconsistent with this Act.
Section Repeal of Cap. 197 and Cap. 199 Section The Fish Act is repealed. The Trout Protection Act is repealed. A statutory instrument made under any of the Acts repealed by subsection (1) and (2) , and which is in force immediately before the commencement of this Act, shall, unless a contrary intention appears, remain in force, so far as it is not inconsistent with this Act until it is revoked by regulations made under this Act and, until that revocation, shall be deemed to have been made under this Act. - 124 Verify source ↗
Repeal, savings and transitional - Existing licences, permits and agreements
Licences and permits issued under the repealed Fish Act that are in force immediately before commencement continue to have effect from commencement as if granted under this Act; time‑limited licences remain in force for the remainder of their period, and agreements under Acts repealed by section 123 continue until terminated under their terms.
Section Existing licences, permits and agreements Section A licence or permit issued under the Fish Act repealed by section 123 , and which is in force immediately before the commencement of this Act— shall have effect from the commencement of this Act as if granted under this Act; and in the case of licence or permit for a specified period, shall remain in force, subject to this Act, for so much of that period as falls after the commencement of this Act. Any agreement or similar arrangement made under any of the Acts repealed by section 123 shall continue in force until terminated in accordance with the terms and conditions of the agreement or arrangement.
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Fisheries and Aquaculture Act, 2023
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