LEGISLATION, RESTRICTIONS, MONITORING, CONTROL AND SURVEILLANCE

27. The Zambian delegation informed the meeting that legislation, restrictions and by-laws exist in Zambia but the government lacks the means for enforcing these restrictions. There are external factors, which affect the Fisheries Department such as external funding.

28. The meeting noted that there are problems in implementing monitoring, control and surveillance (MCS) because of lack of sufficient funds and human resources such as:

• lack of operational funds;
• shortage of adequately trained staff;

• non-functional organization structure.

29. Current fishery legislation in Zambia does not conform to present ideals of involving communities in the management of the natural resources. It is very old, outdated and inappropriate for the management and development of fisheries in the current environment. The new draft fisheries bill took into account several factors and aims at including the following aspects in the fisheries legislation of Zambia. There is a need to decentralize and devolve fishery management responsibilities to local communities in the fishery areas; to facilitate participation of local communities and fishermen in the formulation and enforcement of fishery management regulations; to include several aspects of aquaculture development in the fisheries legislation; and to conserve aquatic habitat and fauna as well as to facilitate approved management and conservation structures and measures.

30. Zimbabwe is implementing legislation, fishery restriction, monitoring control and surveillance programme. There are financial and human resource constraints, which limit the success of operations and compliance by the fishermen. It was noted that pouching is still taking place in form of fishing in prohibited areas.

31. The Zimbabwe delegation outlined the specific legislation and national by-laws for Lake Kariba. These include:

• The Parks and Wildlife Act 20:14 and subsequent Statutory Instruments (SI).
• The twenty conditions outlined on the permit for kapenta finishing.
• The Inland Water Shipment Act.

• The Water Act and the Zambezi River Authority Act.

32. The Technical Consultation was informed of existing protocols between Zambia and Zimbabwe, which include:

• Zambia/Zimbabwe SADC Protocol;

• Zambia/Zimbabwe Permanent Joint Commission.

33. The Technical Consultation noted that these protocols facilitate discussion of relevant fisheries matters common to Zambia and Zimbabwe. These protocols also provide a platform for assessing, initiating and promoting research and development activities, essential for optimum management of kapenta as well as the inshore fish stocks.

34. The Representative of fishers in the Zambian sector outlined the problems faced by artisanal fishers on the Lake and suggested ways in which the government could assist their fishing activities. The problems outlined include the following:

• difficulties in purchase of fishing nets, fibre boats, ropes and twines;
• lack of social facilities and amenities such as schools, clean drinking water and health services;
• problems of water and land transport;
• illegal fishing practices;
• inadequate control of number of fishermen;
• lack of electrification of rural areas;
• lack of credit facilities to fishers; and

• discrimination of fishers vis-à-vis farmers.

35. The Technical Consultation was informed by the fishers about conflicts with other users of the Lake namely the kapenta industrial fishery. The following requests were made:

• loans for fishing equipment and boats;
• boreholes for drinking water;
• technical advice from Fisheries Department and researchers;
• improvement of road transport;
• gazetting of fishing villages;

• breeding areas.

36. The Technical Consultation took note of the needs of the fishers, which had to be included in the report for the attention of fisheries Administrators in both countries.