Fisheries (Amendment) Regulations, 2019

1. These Regulations may be cited as the Fisheries (Amendment) Regulations, 2019, and shall be read as one with the Fisheries Regulations, 2012, in these Regulations referred to as the principal Regulations. Title S.J. No. 24 of 2012

2. The principal Regulations are amended by the insertion of the following new Part immediately after Part VII: Insertion of Part VII A PARTVIIA COMMERCIAL LICENCES

55A. 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.

55B. ( 1) An application for acommercial fishing licence shall be made on or before 31 st 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 thirty days notice of that applicant's intention to apply, and paid the prescribed fee.

55C. (1) The Director may issue acommercial 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. Prohibition of commercial fishing without licence Application for commercial fishing licence Grant or rejection of commercial fishing licence Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101, Lusaka, Price K24.00 each 472 Statutory Instruments 27th December, 2019 (3) The Director shall reject the application for a commercial fishing licence if the applicant- (a) is under the age of twenty-one 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.

55D. The Director may, request for further particulars or information in Form III set out in the Second Schedule. 5 SE. (J) A holder ofa 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 subregulation (1), cancel the commercial fishing licence.

55F. (1) The D irector 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 or misleading 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.

55G.A licensee shall notify the Director of any change in that licensee's registered particulars in Form XT set out in the Second Schedule. Reques,for further information and particulars Surrender of commercial fishing licence Cancellation and suspension of commercial fishing licence Change of particulars of commerciai fishing licence 27th December, 2019 Statutory Instrument 473

55H. An application for a duplicate commercial fishing licence shall be made in Form XII set out in the Second Schedule. 55!. A commercial fishing licence shall not be transferable without the prior written approval of the Director.

55J. A holder of a commercial fishing licence shall display the licence in a conspicuous manner and place at the place of business.

3. The First Schedule to the principal Regulations is amended by the deletion of tables A and B, and the substitution there for of the new tables set out inAppendix 1.

4. The Second Schedule to the principal Regulations is amended by the insertion of Form XIX set out in Appendix 2. Application for duplicate commercial fishing licence Commercial fishing licence Display of licences Amendment of First Schedule Amendment of Second Schedule 474 Statutory Instruments 27th December, 2019 APPENDIX 1 (Paragraph 3) FIRST SCHEDULE (Regulations 3, 4 and 5) REGULATIONS OF FISHING IN COMMERCIAL FISHING AREAS Commercial Fishing Area Bangweuiu Commerciai Fishing area nets Lower Kafue Commercial Fishing area A. PROHIBITED NETS Specific NetsExtent of Drawiseine net of any size Chisense (P.moeruensis) draw of mesh size less than 10 mm Multi-filament net of a mesh size less than 63 mm Area of Restriction From shore in open lakes Throughout the area Throughout the area Monofi!ament nets of al! mesh sizes Throughout the area Draw/seine net of any mesh size Throughout the area Multi-filament net of a mesh size less than 76m, except for smaller species (Brycinus lateral is) 3 7mm Throughout the area Kariba Commercial Fishing area Draw/seine net of any mesh size Monofilament nets of all mesh sizes Multi-filament nets of mesh not less than 76mm except for (Barbus Imberi) Simm Throughout the area Throughout the area Throughout the area Lake Tanganyika Commercial Fishing area Lusiwashi Commercial Fishing area Kap en ta nets of mesh size less than Throughout the area 10mm Monofilament nets of all mesh sizes Throughout the area Draw/seine net of any mesh size Throughout the area Multi-filament net of a mesh size less Throughout the area than 63 mm Mono filament net of all mesh sizes Throughout the area Kapenta nets of mesh size less than 10mm Draw/seine net of any mesh size Multi-filament net of a mesh size less than 76 mm Throughout the area Throughout the area Mono filament nets of all mesh sizes Throughout the 27th December, 2019 Statutory Instrument 475 Mweru-Luapula commercial Fishing area Mweru-Wantipa commercial Fishing area Upper Zambezi 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 ofall mesh sizes Throughout the area Draw/seine net of any size Throughout the area Chisense (P.moeruensis) draw nets uf m1:sh sizt: l1:ss than 10 rum Throughout the area Multi-filament net of a mesh size less Throughout the area than 76mm Mono filament nets of all mesh sizes Throughout the area Draw/seine net of any mesh size Throughout the area Mulli-Iilarnt:nl nd ufa mt:sh sizt: less than 76 mm, except for (Nembele) M.macrolepidotus and (Limbala) Barbus sp. 37 mm Throughuul lht: art:a Monofilament nets of all sizes Throughout the area Super Upper Zambezi Draw/seine net of any mesh size Throughout the area Chambeshi Commercial Fishing Area Luangwa Commercial Fishing Area Middle Zambezi Commercial Fishing area Lower Zambezi Fishing area Multi-filament net ofa mesh size less than 76 mm Throughout the area Monofilament nets of all mesh sizes Throughout the 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 ofall mesh sizes Throughout the area Throughout the area Draw/seine net of any mesh size Multi-filament net less than 76 mm Throughout the area Monofilament nets of all mesh sizes Throughout the area Draw/seine net of any mesh size Throughout the area Multi-filament net ofa mesh size less than 5 1 mm Throughout the area Monofilament nets of all mesh sizes Throughout the 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 Mono filament nets of all mesh sizes Throughout the area 4"/6 Statutory Instruments 27th December, 2019 Itezhi-tezhi Upper Commercial Fishing area Multi-filament nets of mesh less than 76 mm Throughout the area Upper Kafue Commercial Fishing area Modified purse seine net less than 8 mm for Kapenta fishing Throughout the area Monofiiament nets of aii mesh sizes Throughout the area Draw/seine net of any mesh size Throughout the 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 Mono filament 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 Fishing Period None Throughout the year, except I st December to the last day of February Throughout the year, except I st December to the last day of February Commercial Fishing Area Extent of Area Mweru- Luapula M ifimbo area B. FISHING PERIOD Bangweulu 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. The open water of Lakes Bangweulu, Walilupe, Chifunauli, Kampolombo, Kangwena, Wumba, Chaye, chali and Waka-Waka; the permannet and seasonal swamps adjacent to the said lakes including all lagoons, channels and waterways therein; the Luapula river downstream to MumbatutaFalls, 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 27th December, 2019 Statutory Instrument 477 Lower Kafue 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 \Vith the i\1cboshi Strea.111; the Chambeshi River upstream to the Safwa Falls; together with the verges of the aforementioned water up to 2 kilometers from the watermark at any given date such other waters lying within 30 kilometres upstream ofany tributary measured from the aforesaid waters. 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 to up to 150 metres above watermark at any given date other water lying within 30 kilometers 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 Kariba-inshore Fishery Kariba - Pelagic Fishery (Kapenta) 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. 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 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 1st December to the last day of February Throughout the year Throughout the year, except for 10 days during the Lunar period, that is full moon 478 Statutory Instruments 27th December, 201 9 Lower Luangwa River Mweru-wa-ntipa Lukanga Swamps Throughout the year Throughout the year, except 1 st December to the last day of February Throughout the year, except I st December to the last day of February That part of the Luangwa River starting from Kampumbu to Luangwa and its verges up to 150 metres beyond a the water mark at any given date, other waters lying within 30 kilometres along the tributaries of the aforesaid river. 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 Karnusenga 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 Chisa!a and Kamindwa strea.rns; and the verges of the aforementioned waters up to 150 meters beyond the watermark at any given date. 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 water mark at any given date and other waters lying within 30 kilometres of the lakes, lagoons and rivers. Lusiwashi Upper Zambezi 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 I st December to the last day of February That part of the Zambezi River starting from Lukulu to Marnbova 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 27th December, 201 9 Statutory Instrument 479 Super Upper Zambezi Chambeshi Lower Zambezi Throughout the year, except 1 st December to the last day of February Throughout the year, except 1st December to the iast day of February Throughout the year, except 1 st December to the last day of February 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 kiiometress aiong the tributaries of the Zambezi river including Lake Mwange other than Kabompo. That part of the Chambeshi River starting from Safwa Falls to the Chambeshi­ Kaiunga 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 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 contluence and the verges of Zambezi River within the aforesaid area; other waters lying with 30 kilometres of the Zambezi river and its tributaries within Zambia. Upper Kafue Mushigashi conservancy area from Mutwiba stream to Mushingwashi Kafue National Park boundary (2 1.5 kilometres) None Super Upper Kafue That part of the Kafue River from Makiya to the western end of the Lukanga swamps to the dam wall of Lake ltezhi-Tezhi including Lake Ttezhi-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. 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 3 0 kilometres o f the Kafue river and its tributaries of the said area. Throughout the year, except 1st December to the last day of February Throughout the year, except 1 st December to the last day of February 480 Lunga Statutory Instruments 27th December, 2 019 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 anrl itc trlbnt!:ir-iPc np tn 1 "() n,ptrPC hPyr.n.-i the watermark at any given date, other waters lying within 30 kilometres along the Lunga river and its tributaries. Throughout the year, except l st December to the last day of February Tanganyika Chitili area, Kasakalawe areaNsumbu National Park 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 1 50 metres beyond the watermark at any given date and other water lying within 30 kilometres of the Lufubu lake Tanganyika and river. Throughout the commercial fishing area That part of the Kabompo River starting from the Kabompo-Zabezi confluence upstream to the Kabompo gorge and the tributaries fofthe waters up to 1 50 metres beyond the watermark at any given date, other waters within 3 0 kilometres of the Kabompo River and its tributaries. Itezhi-Tezhi - Pelagic Fishery (Kapenta) Kabompo River None None None Throughout the year, except l 0 days during the Lunar period, that is full moon Throughout the year, except for I 0 days during the Lunar period, that is full moon and 1st December to the last day of February Throughout the year, except I st December to the last day of February 27th December, 20 19 Statutory Instrument 481 APPENDJX 2 (Paragraph 4) SECOND SCHEDULE FORM XIX (Regulation55C) REPUBLIC OF ZAMBIA The Fisheries Act, 2011 (Act No. 2 2 of2 0 11) The Fisheries (Amendment) Regulations, 2019 COMMERCIAL FISHING LICENCE SERIAL NO : ...................... . Thislicence 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 ......................... 2 0 ................... . . DIRECTOR OF FISHERIES LUSAKA 23rd December, 20 19 Minister of Fisheries and Livestock PROF. N. Luo, 482 Statutory Instruments 27th December, 2019