This Act was repealed on 2011-04-18 by Fisheries Act, 2011.
This is the version of this Act as it was when it was repealed.
Fisheries Act, 1974
- Commenced on 8 November 1974
- [This is the version of this document from 12 September 2007.]
- [Amended by Fisheries Act (Amendment) Act, 2007 (Act 22 of 2007) on 12 September 2007]
- [Repealed by Fisheries Act, 2011 (Act 22 of 2011) on 18 April 2011]
Part I – Preliminary
1. Short titleThis Act may be cited as the Fisheries Act.
2. InterpretationIn this Act, unless the context otherwise requires—"aquaculture" means the cultivation, propagation or farming of fish, aquatic vegetation, or other living aquatic resources whether from eggs, spawn, spat or seed or by rearing fish lawfully taken from the wild or lawfully imported into the country, or by other similar process;[definition of "aquaculture" inserted by section 2(b) of Act 22 of 2007]"aquaculture development plan" means the plan prepared under section twelve J;[definition of "aquaculture development plan" inserted by section 2(b) of Act 22 of 2007]"aquaculture facility" means any equipment, construction, enclosure, place or area, whether on land or in water, in which aquaculture is conducted;[definition of "aquaculture facility" inserted by section 2(b) of Act 22 of 2007]"authorised officer" means the Director, any officer of the Department of Fisheries duly authorised by the Director and any other person authorised in writing either by name or appointment by the Director;"boat" means any water craft whether powered or unpowered used for or in connection with commercial fishing;"commercial fishing" means fishing which is undertaken in a commercial fishing area as a regular or occasional occupation for the supply of fish to any market or industry;"Committee" means a fisheries management committee constituted under section five D;[definition of "Committee" inserted by section 2(b) of Act 22 of 2007]"Director" means the officer for the time being in charge of the Department of Fisheries;"Environmental Council of Zambia" has the meaning assigned to it in the Environmental Protection and Pollution Control Act;[Cap. 204][definition of "Environmental Council of Zambia" inserted by section 2(b) of Act 22 of 2007]"environmental impact assessment" has the meaning assigned to it in the Environmental Protection and Pollution Control Act or in regulations made thereunder;[Cap. 204][definition of "environmental impact assessment" inserted by section 2(b) of Act 22 of 2007]"fish" means any vertebrate fish alive or dead and any part thereof whether or not preserved in any form and includes, fin, shell fish, the young and eggs;[definition of "fish" amended by section 2(a)(i) of Act 22 of 2007]"fisheries management area" means any fishery waters or part thereof or any geographical area whether or not connected to any fishery water declared to be a fisheries management area under section five A;[definition of "fisheries management area" inserted by section 2(b) of Act 22 of 2007]"fisheries management plan" means a plan for the management and development of a fisheries management area prepared pursuant to section five C;[definition of "fisheries management plan" inserted by section 2(b) of Act 22 of 2007]"fisherman" means any person who as a regular or occasional occupation, undertakes fishing for the supply of fish to any market or industry, and "occupation of a fisherman" shall be construed accordingly;"fishery waters" means water in any river, stream, watercourse, lake lagoon, swamp, pond, dam or reservoir, whether natural or manmade but does not include water in aquaria or ornamental ponds unconnected with any natural water;[definition of "fishery waters" inserted by section 2(b) of Act 22 of 2007]"fishing" includes any act directed at or intended for the harvesting the taking, killing or injuring of any fish;[definition of "fishing" amended by section 2(a)(ii) of Act 22 of 2007]"Fund" means the Fisheries Development Fund established by section twelve M;[definition of "Fund" inserted by section 2(b) of Act 22 of 2007]"honorary fisheries officer" means any person appointed as such under this Act;[definition of "honorary fisheries officer" inserted by section 2(b) of Act 22 of 2007]"management plan" means a fisheries management plan developed under section five C;[definition of "management plan" inserted by section 2(b) of Act 22 of 2007]"water" means water in any river, stream, watercourse, lake, lagoon, swamp, pond, dam, reservoir or other place of a similar nature, but does not include water in aquaria or ornamental ponds unconnected with any natural water.[As amended by section 2(a)(i), 2(a)(ii) and 2(b) of Act 22 of 2007]
Part II – Control of fishing
3. Prohibited methods of fishing
4. Power to restrict methods of fishingWhere it appears to the Minister that any method of fishing is likely to prove unduly destructive under any circumstances, he may by order in respect of any area for a period to be stated in such order—
5. Restriction on introduction of fish
Part IIA – Fisheries management areas[Part IIA inserted by section 3 of Act 22 of 2007]
5A. Declaration of fisheries management area
5B. Restriction on fishing in fisheries management areaExcept as otherwise provided by this Act, any person who without a licence relevant to such fishing, fishes in any fisheries management area commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both.[section 5B inserted by section 3 of Act 22 of 2007]
5D. Fisheries management committee
5E. Proceedings of committee
5F. Functions of fisheries management committee
5G. Financial provisions
5H. Duty of fisheries management committee to submit report and minutesA committee shall submit—
Part III – Special fishing areas and licences
6. Prescribed areas
7. Special fishing licences
Part IV – Commercial fishing
8. Declaration of commercial fishing area
9. Registration of fishermenThe Minister may, by statutory instrument, provide that any person who so desires may register with the Director as a fisherman.
10. Registration of boats
11. Boat identification marks
12. Fishing Development Committee
Part IVA – Aquaculture[Part IVA inserted by section 4 of Act 22 of 2007]
12A. Prohibition of engaging in aquaculture without licence
12B. Application for licence
12C. Restriction of transfer of licenceAn aquaculture licence shall—
12D. Conditions of aquaculture licenceAn aquaculture licence may contain conditions—
12E. Requirement to conduct environmental impact assessmentA person intending to engage in aquaculture shall conduct an environmental impact assessment in accordance with the provisions of the Environmental Protection and Pollution Control Act, and prepare a report thereon for the purposes of this Act.[Cap. 204][section 12E inserted by section 4 of Act 22 of 2007]
12F. Inspection of proposed site for aquacultureAn authorised officer may inspect any site proposed for the establishment of an aquaculture facility to determine the suitability or otherwise of such site for use as an aquaculture facility upon payment of such inspection fee as the Minister may, by regulations, prescribe.[section 12F inserted by section 4 of Act 22 of 2007]
12G. Prohibition of interfering with aquaculture facility
12H. Restriction on use of chemicals etc. in aquaculture
12I. Cancellation and suspension of licence
12J. Appeal against suspension or cancellation of licenceAny licence holder who is aggrieved by a decision of the Director to suspend or cancel the licence under paragraph (b) of subsection (1) of section twelve I may appeal to the Minister, subject to a further appeal to the High Court within thirty days of receiving notification of the suspension or cancellation of the licence.[section 12J inserted by section 4 of Act 22 of 2007]
12K. Aquaculture Development Plan
12L. Aquaculture regulationsThe Minister may, by regulations—
Part IVB – The Fisheries and Aquaculture Development Fund[Part IVB inserted by section 4 of Act 22 of 2007]
12M. Establishment of Fisheries Development Fund
12N. Administration of FundThe Fund shall be vested in the Minister responsible for finance and shall be managed and administered by the Minister responsible for fisheries.[section 12N inserted by section 4 of Act 22 of 2007]
12O. Application of money of FundThe Ministers referred to in section twelve N shall apply the moneys of the Fund for the purposes of developing the fisheries and aquaculture sector and facilitating a community based approach to fisheries management and development.[section 12O inserted by section 4 of Act 22 of 2007]
12P. Statement of income and expenditureThe Ministers referred to in section twelve N shall cause an annual statement of income and expenditure to be prepared and laid before the National Assembly.[section 12P inserted by section 4 of Act 22 of 2007]
Part V – Offences and penalties
13. Powers of search, seizure and arrest
14. PenaltiesAny person who is guilty of an offence under the provisions of this Act shall, unless some other penalty is specifically provided therefor, be liable to a fine not exceeding four thousand penalty units or to imprisonment for a period not exceeding six months, or to both.[As amended by Act No. 13 of 1994]
16. Cancellation of licences by court orderWhere any person is convicted of an offence against this Act, the court may order that any licence or permit held by such person under the provisions of this Act be cancelled and that such person shall not be issued with any further licence or permit for such period not exceeding six months as it may deem fit.
17. Conduct of prosecutionThe Director or any authorised officer may, subject to the directions of the Director of Public Prosecutions, conduct a prosecution for an offence against this Act and shall for that purpose have the powers of a public prosecutor appointed under any written law for the time being in force.
18. Unlawful possession of fishAny person who without reasonable excuse has in his possession or deals in any fish which has been taken contrary to the provisions of this Act shall be guilty of an offence.
Part VI – General
19. Trespass upon private propertyNothing contained in this Act shall affect the liability in trespass of any person who enters upon the lands of another for the purpose of fishing without the permission of the owner or occupier thereof previously had and obtained.
20. Cancellation, suspension or variation of licences and permits by Minister
22. Powers of authorised officers to take statisticsAn authorised officer may for the purpose of obtaining fish statistics weigh, measure and check any fish, and any person in charge of fish shall on demand being made to him produce such fish to the authorised officer for that purpose.
23. Exemption from provisionsThe Minister may, in his discretion, exempt any person or persons from all or any of the provisions of this Act, either generally or in respect of any particular area or waters.
24. Delegation of powers by DirectorThe Director may, with the prior approval of the Minister, delegate to any suitably qualified person the powers conferred upon him by this Act.
|Fisheries (Amendment) Regulations, 1989||Statutory Instrument 16 of 1989|
|Fisheries (Amendment) Regulations, 1993||Statutory Instrument 42 of 1993|
|Fisheries (Fishing Licence Fees) Regulations, 1981||Statutory Instrument 43 of 1981|
|Fisheries (Fishing Licence Fees) Regulations, 1986||Statutory Instrument 25 of 1986|
|Fisheries (Fishing Licence Fees) Regulations, 1994||Statutory Instrument 36 of 1994|
|Fisheries (Fishing Licence Fees) Regulations, 1997||Statutory Instrument 21 of 1997|
|Fisheries (Prescribed Areas) (Declaration) Order, 1986||Statutory Instrument 26 of 1986|
|Fisheries (Registration of Fishing Boats) Order, 1986||Statutory Instrument 24 of 1986|