FISH PROTECTION: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Fish Protection Regulations

FISH PROTECTION REGULATIONS

(under section 3)

(19th February, 2016)

ARRANGEMENT OF REGULATIONS

REGULATION

   1.   Citation

   2.   Interpretation

   3.   Application

   4.   Prohibition of catching fish without licence

   5.   Subsistence fishing

   6.   Application for commercial fishing licence

   7.   Commercial fishing licence

   8.   Duplicate fishing licence

   9.   Restriction of size of gill nets

   10.   Prohibition of importation of gill nets

   11.   Prohibition of sale of gill nets

   12.   Open season

   13.   Permits that may be granted by the Director

   14.   Conditions applicable to permits

   15.   Appeals

   16.   Recreational fishing licence

   17.   Recreational fishing competitions

   18.   Catching fish without permission of landowner or occupier

   19.   Power to search

   20.   Fishing at night

   21.   Prohibited fishing practices

   22.   Prohibition of moving fish from one water body to another

   23.   Export permit

   24.   General penalty

   25.   Revocation of S.I. No. 41 of 2008

      SCHEDULE 1

      SCHEDULE 2

S.I. 41, 2008,
S.I. 16, 2016.

1.   Citation

   These Regulations may be cited as the Fish Protection Regulations.

2.   Interpretation

   In these Regulations unless the context otherwise requires-

   "authorised officer" has the same meaning as in section 2 of the Act;

   "catch and effort data" means data indicating the type and number of fish caught;

   "commercial fishing" means the catching of fish by the use of factory-made gill nets or any gill net made out of factory-made materials such as leads, twines, corks, etc;

   "Director" means the Director of Wildlife and National Parks;

   "drive fishing" means the driving of fish into a gill net;

   "endangered fish species" means any fish species which is threatened by extinction due to reduced numbers;

   "exotic species" means a species which is not indigenous or endemic to the specific area of concern;

   "fishing" means an act directed at the taking, killing or injuring of fish;

   "fishing licence" means an authorised written document issued to a person to permit fishing;

   "fish waste" means damaged, spoiled or unwanted whole fish or part of fish, scales or skin, or all intestinal contents that are not of use to a concerned fisher in that particular time and place;

   "game reserve" has the same meaning as in the Wildlife Conservation and National Parks Act;

   "national park" has the same meaning as in the Wildlife Conservation and National Parks Act;

   "night" means the period of time between 06:30 pm in the evening and 06:00 am in the morning;

   "open season" means the period of time stipulated under regulation 12 as the period during which fish may be caught;

   "recreational fishing" means fishing done on the basis of leisure and sport, using rod and line;

   "seining" means the dragging of a net along the bottom of a water body with the ends of such net being drawn together to catch fish;

   "subsistence fishing" means catching fish using traditional fishing gear for personal and household consumption which shall not be for sale;

   "traditional fishing gear" means gear manufactured in an artisanal manner making use of natural materials available from the local environment; and

   "water body" means a river, stream, watercourse, canal, lake, dam, pond, lagoon, swamp, flood plain, reservoir, spring, aquarium or other similar structure.

3.   Application

   These Regulations shall not apply within a game reserve or a national park.

4.   Prohibition of catching fish without licence

   (1) No person shall engage in commercial fishing without a commercial fishing licence.

   (2) A fishing licence shall be limited to the area specified in the licence.

   (3) Any person who contravenes the provisions of this regulation shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction, to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

5.   Subsistence fishing

   (1) Any person who engages in subsistence fishing shall be a citizen of Botswana.

   (2) Any person who engages in subsistence fishing using rod and line shall not-

   (a)   use a rod with a reel; and

   (b)   catch and keep more than ten fish per day.

   (3) Subsistence fishing using other traditional fishing methods such as fishing baskets and traps shall only be undertaken in drying out pools in flood plains.

   (4) Subject to subsection (2) any person who engages in subsistence fishing shall only use traditional fishing gear for the purpose of catching fish.

   (5) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding three months, or to both.

6.   Application for commercial fishing licence

   (1) An application for a commercial fishing licence shall be made in Form A set out in Schedule 1.

   (2) An authorised officer may issue a commercial fishing licence to anyone who-

   (a)   is a citizen of Botswana;

   (b)   is over the age of 18;

   (c)   has not been convicted of an offence under the Act, or the Wildlife Conservation and National Parks Act; and

   (d)   has paid a fee of P500.

7.   Commercial fishing licence

   (1) A commercial fishing licence shall be in Form B set out in Schedule 1 and shall be valid for one open season or part thereof, from the date of its issue.

   (2) A commercial fishing licence shall not be transferable and the holder shall carry the original copy thereof at all times while fishing.

   (3) The holder of a commercial fishing licence shall make it available for inspection when required to do so by an authorised officer.

   (4) The holder of a commercial fishing licence shall submit monthly catch and effort data indicating the type and number of fish caught in Form C set out in Schedule 1 to the Director.

   (5) No person shall be a licence holder of more than one commercial fishing licence at any given time.

   (6) If a commercial fishing licence is lost or destroyed, the licence holder shall, within 30 days of such loss or destruction, report the event in writing to an authorised officer.

   (7) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence and liable upon conviction to a fine not exceeding P200 or to imprisonment for a term not exceeding three months, or to both.

8.   Duplicate fishing licence

   Where an authorised officer who is informed of the loss or destruction of a fishing licence is satisfied of the loss or destruction thereof, he or she shall issue to the licence holder a duplicate fishing licence on payment of P500.

9.   Restriction on size of gill nets

   (1) No person shall catch fish with a mounted gill net exceeding a total length of 25 metres.

   (2) The owner of a gill net shall cause to be tagged to any such gill net a distinct mark on the float bearing the following-

   (a)   name of the fishing licence holder;

   (b)   fishing licence number; and

   (c)   contact details of the fishing licence holder.

   (3) Any person who contravenes the provisions of this regulation shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction, to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

10.   Prohibition of importation of gill nets

   (1) No person shall import any gill nets except under and in accordance with a gill net import permit issued in terms of this regulation.

   (2) An application for a gill net import permit shall be made to the Director in Form D set out in Schedule 1.

   (3) No person shall be issued with a gill net import permit unless he or she has a valid gill net dealer's permit or has a valid commercial fishing licence.

   (4) A gill net import permit, in Form E set out in Schedule 1, shall be issued on payment of a fee of P500 and shall be valid for one month from the date of issue.

   (5) Any person who imports a gill net without a gill net import permit shall be guilty of an offence and liable to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

11.   Prohibition of sale of gill nets

   (1) No person shall sell gill nets except under and in accordance with a gill net dealer's permit issued in terms of this regulation.

   (2) An application for a gill net dealer's permit shall be in Form F set out in Schedule 1.

   (3) A gill net dealer's permit, in Form G set out in Schedule 1, shall be issued on payment of a fee of P500 and shall be valid for one year from the date of issue.

   (4) A gill net dealer shall not sell gill nets to any person who is not a holder of a valid commercial fishing licence or a gill net dealer's permit.

   (5) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

12.   Open season

   (1) The period of time during which fish may be caught shall be the period beginning on 1st March and ending on 31st December every year.

   (2) Any person who catches fish during the period beginning on 1st January and ending on 28th or 29th February shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

   (3) The Director shall cancel the licence or permit of any person who has been convicted of a second offence under this regulation and such person shall be banned from fishing for the next two open seasons.

13.   Permits that may be granted by the Director

   (1) The Director may, acting in accordance with such directions as may be given by the Minister, grant permits authorising the-

   (a)   capturing of any fish for the breeding or farming of such fish;

   (b)   issuance of fishing quotas; or

   (c)   use of larger or smaller mesh sizes where necessary depending on the situation and reasons given.

   (2) Permits issued in terms of subregulation (1) shall be issued on payment of a fee of P100 for every hundred fish intended to be caught by the applicant.

   (3) A permit issued under this regulation shall be in Form H set out in Schedule 1.

14.   Conditions applicable to permits

   (1) Every permit issued under regulation 13 shall be subject to such terms and conditions as the Director deems fit to impose in each case, and such terms and conditions or requirements shall be endorsed on the permit.

   (2) Any person to whom a permit is issued under regulation 13 who contravenes any of its terms, conditions or requirements shall be guilty of an offence and liable to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, or to both.

   (3) The Director may, at any time and without assigning a reason therefor, cancel, amend or modify a permit issued under regulation 13, forthwith so informing the holder of such permit, and such holder shall return the permit to the Director for cancellation, amendment or modification, as the case may be, within 21 days from the date of his or her being so informed.

   (4) Any permit holder who is required under subregulation (3) to return such permit and who fails to do so within the period specified, shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months.

15.   Appeals

   Any person who is aggrieved by the refusal of the Director to grant a permit under regulation 13, or by any terms imposed by the Director to grant a permit under regulation 13, may appeal against the refusal or the terms and conditions to the Minister within 30 days.

16.   Recreational fishing licence

   (1) No person shall undertake recreational fishing in Botswana unless he or she is in possession of a recreational fishing licence issued by the Director.

   (2) A licence under subregulation (1) shall be in Form I set out in Schedule 1 and shall be accompanied by a fee set out in Schedule 2.

   (3) This regulation shall not apply to privately owned water bodies.

   (4) Recreational fishing shall be done-

   (a)   on a catch and release basis; and

   (b)   using a single fishing rod, line or hook.

   (5) A seasonal recreational fishing permit in Form J, set out in Schedule 1 shall be issued to a fishing camp.

   (6) Seasonal recreational fishing shall be done-

   (a)   on a catch and release basis; and

   (b)   using a single fishing rod, line or hook.

   (6) The holder of a seasonal recreational fishing permit shall submit monthly catch and effort data in Form C, set out in Schedule 1.

17.   Recreational fishing competitions

   (1) Any person who intends to stage a recreational fishing competition shall apply to the Director for a recreational fishing competition permit, in Form K set out in Schedule 1, at least two months before the date of such competition, giving the time and place thereof and the rules and conditions governing the competition for approval by the Director.

   (2) A recreational fishing competition permit shall be issued by the Director on the payment of a fee of P5,000.

   (3) No person shall participate in a recreational fishing competition unless he or she possesses a valid recreational fishing licence issued under regulation 16.

   (4) A recreational fishing competition permit shall be in Form L set out in Schedule 1.

   (5) Any person who stages a recreational fishing competition without a recreational fishing permit shall be guilty of an offence and liable in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

   (6) Without prejudice to any sentence passed under subregulation (5), a person may in addition to such sentence be banned from undertaking any commercial fishing, recreational fishing or staging or participating in a recreational fishing competition for five years.

18. Catching fish without permission of landowner or occupier

   (1) No person shall enter upon any land for the purpose of catching any fish without the written consent of the owner or occupier or by the duly appointed representative of such owner or occupier; and any person who contravenes the provisions of this subregulation shall be guilty of an offence and liable to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, or to both.

   (2) Any person who catches fish in privately owned land shall-

   (a)   be in possession of a valid fishing licence obtained from the Director;

   (b)   agree with the owner or occupier on terms and conditions of fishing; and

   (c)   be required to submit a record of fish caught in such private land.

   (3) Any person seen or found on any land in possession of any fishing equipment shall be deemed to be in contravention of the provisions of this regulation until he or she proves to the contrary.

   (4) Any authorised officer or police officer or any owner or occupier of land who finds any person in circumstances under subregulation (3) may require such person to satisfy him or her that he or she is not on the land in contravention of the provisions of this regulation and if such person is unable to give satisfactory proof, may demand from that person his or her full name and address and may forthwith direct that person to leave the land.

   (5) Any person who fails to give his or her name and address, or gives a false or incomplete name and address or fails to forthwith leave the land after being directed to do so in accordance with subregulation (4) shall be guilty of an offence and liable to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, or to both.

19. Power to search

   (1) The owner or occupier of any land or any person authorised thereto by him or her may, without warrant, search any boat, premises, hut, tent, camping place, vehicle or receptacle on such land or any road traversing such land if the owner, occupier or authorised person has reasonable cause to suspect that there is contained therein any fish, or any thing or article by means of which or in respect of which, any provision of these Regulations has been contravened and may seize such fish, article or thing found by him or her.

   (2) Any person who obstructs or hinders any person carrying out a search in terms of subregulation (1) shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction, to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

20.   Fishing at night

   (1) No person shall catch fish at night except by the use of gill nets which have been set and left stationary in the water before night or sunset, whichever happens first.

   (2) No unauthorised person shall interfere or tamper with gill nets at night.

   (3) Any person who contravenes the provisions of this regulation shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction, to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

21.   Prohibited fishing practices

   (1) No person shall catch fish by-

   (a)   setting nets across a lagoon entrance, or river channel;

   (b)   drive fishing;

   (c)   seining;

   (d)   using a mosquito net, monofilament net or any other net which is not authorised by the Director;

   (e)   using any chemical, poison, poisonous plant or any noxious or other injurious substance;

   (f)   using any explosive, firearm or electrical device;

   (g)   using any light to lure or attract the fish;

   (h)   using a net within 100 metres of a bridge, culvert or spillway when water is flowing through such structures; or

   (i)   using batteries or other non-factory-made floats and sinkers.

   (2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

   (3) Notwithstanding the provisions of subregulation (1), the Director may authorise the use of seining and drive fishing by permits granted in terms of regulation 13.

22.   Prohibition of moving fish from one water body to another

   (1) No person shall, without a permit from the Director, move live fish from one water body to another water body.

   (2) A person who moves live fish under these regulations shall, at all times he or she is moving such fish, be in physical possession of the permit.

   (3) A permit to move fish shall be in Form M set out in Schedule 1 and shall be obtained upon payment of P100.

   (4) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence and liable in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

23.   Export permit

   (1) No person shall export from Botswana any fresh or processed fish without an export permit issued by an authorised officer.

   (2) An application for an export permit shall be in Form N set out in Schedule 1 and accompanied by a fee set out in Schedule 2.

   (3) A permit in terms of this regulation shall be in Form O set out in Schedule 1 and shall be valid for a period of 30 days from the date of issue.

   (4) A person who exports fish without an export permit commits an offence and is liable to a fine not exceeding P500, or to imprisonment for a term not exceeding six months, or to both.

24.   General penalty

   Any person who contravenes any provision of these Regulations for which no specific penalty is provided shall be guilty of an offence and liable in the case of a first conviction, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction, to a fine not exceeding P500, or to imprisonment for a term not exceeding six months, or to both.

25.   Revocation of S.I. No. 41 of 2008

   The Fish Protection Regulations, S.I. No. 41 of 2008, are hereby revoked.

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