The Wildlife Act defines “ capture ”as to catch, take or collect live wild animal specimens, including eggs or nests and “hunt” as to kill or the doing of an act immediately directed at killing; but does not require any specific status as a precondition provided that the necessary hunting/fishing licence or permit is obtained. ‘Wild animal’ refers to an animal ferae naturae, and includes a game or protected animal, but  not a domestic animal. No licence or permit are required to hunt wild animals that are not game or protected; any person can hunt them and gain ownership of the animal or carcass. Subject to such regulations as the Minister may prescribe on the advice of the Director, where a wild animal is found resident on any land, to the owner of the land  can be granted the right to harvest the wild animal, which, based on the definition of “harvest “, entitles him to the non consumptive and consumptive use of game, nongame, protected or unprotected animals.

Hunting and fishing within the legally designated SWM area require a specific licence/permit, including in open areas for game and protected animals. Licences or permits are not transferable to different holders other than the person to whom it was initially issued. There are no collective permits for hunting; however, the Fisheries Act provides for a special fishing licence that can be granted to persons collectively in a specified area in special circumstances, including to supply of food in cases of emergency if no other adequate food supply is available. All aquaculture facilities require an aquaculture licence that is only transferable with the permission of the Director and on conditions that the Director may determine.

The legal framework further gives power to the issuing authority to vary, suspend or even revoke an issued licence, permit or certificate, depending on the severity of the offence committed by the holder, or on the condition that the Director may deem necessary to do so.

The Minister may, by statutory instrument, in consultation with the Wildlife Licensing Committee, prescribe— the form of, and the terms and conditions attaching to, each class of licence and permit; the species, variety of species or the sex of game animal or protected animal which may be hunted or captured under each class of licence or permit; the method of hunting to be employed under each licence, the number of game animals or protected animals of each prescribed species, variety or sex which may be hunted; the area or areas in which each licence or permit shall be valid and the validity of each licence or permit; the time or times of the year during which any specified species, variety or sex of game animal or protected animal may be hunted or captured pursuant to the licence or permit; and the fee payable in respect of each class of licence or permit issued under this Part. The actual cost of the licence/permit is only indicated on the licence/permit and not in the legislative or regulatory instrument, and varies in accordance with the type and purpose of licence/permit as scheduled in the specific regulatory instrument. Hunting licence fees and procedures still differentiate residents’ from non-residents’ licence based on the Schedule of Fees in Statutory Instrument of 2003.

The law requires the licensee to be in possession of the licence at all times. Further, hunters and fishers are required to keep a record of all animals hunted, and hunters must be accompanied by a wildlife officer.

The law establishes licences, permits, and certificates for various activities related to wildlife. Ownership of a hunted or killed game or protected animal, captured fish or fish product, animal carcass or trophy is lawfully transferred to holders of licences or permits. Licenses include hunting, bird, and professional hunter's licences, while permits include fishing, capture, professional guide's, photographic tour operator's, and commercial photographic permits. The Wildlife Management Licensing Committee handles applications, grants or refuses licences and permits, and can suspend or revoke them. Specific terms and conditions are attached to each licence and permit, governing hunting and fishing legality.

The Department operates a single licensing system for the wildlife sector in accordance with the Business regulatory Act, 2014, though it's not fully implemented. Regulatory agencies must consult the Department of Wildlife before granting licences, permits, certificates, or authorizations that may affect wildlife. Violating endorsed conditions or requirements on issued licences or permits can lead to revocation.

Licence and permit holders must adhere to terms and conditions regarding species, hunting methods, quotas, areas, validity, and fees. They must possess and present the licence or permit to authorized officers upon request. Hunting must be accompanied by a wildlife police officer or community scout, and records of all game or protected animals, other than birds, hunted during the validity of the licence or permit must be maintained.

The Minister has discretionary powers to impose additional restrictions or limits, through a statutory instrument, to respond to emerging issues Fees are charged for licences and permits prescribed in regulations, and the actual amount is indicated on the licence and permit.

The legal framework outlines grounds for suspension or revocation of licences or permits for different offenses. Hunting on private fenced areas requires owner consent, while unfenced areas require a game animal hunting licence. Hunting game or protected animals in open areas also requires a permit or licence. Animals, carcasses, or trophies must be cleared with an ownership certificate from the Director of the Department of National Parks and Wildlife (DNPW) to prove legality.

The Wildlife Development Fund supports research, conservation, and management. Revenue sharing mechanisms with local communities are coordinated with the Ministry of Finance. The Department currently contributes a percentage of animal fees and concession fees to a fund managed by a Community Resource Board (CRB) for community development.

Local community input is required for specifying the names of wild animals.

Hunting concessions authorize hunting outfitters to hunt within a GMA or part of a GMA on prescribed terms and conditions and to sell hunting quotas in the concession area. “Hunting outfitter” refers to a company engaged in the business of conducting safari hunting that holds a tourism enterprise licence and a hunting concession. The obtaining of a concession is subject to bidding and the involvement of the community, private sector, and government.

The legal framework defines game animals as wild animal ferae naturae that are not necessarily threatened or endangered but that require control in order to prevent consumptive uses inimical to their survival, as specified by the regulations. As such, a game animal can be hunted for subsistence, commercial and sports purposes under control of a licence or permit, while a protected animal, defined as a wild animal ferae naturae that is endemic, threatened or endangered, and that is subject to strict control in order to further its survival, cannot be hunted for any purposes except for scientific research, which the Minister may sanction under an order

In essence, the legal framework prohibits hunting of protected animals as a way of increasing their protection status relative to game animals. The Minister shall, by statutory order, in consultation with the Director and on the advice of a board specify which wild animals are game or protected. The order specifying a wild animal as a protected animal may prohibit or regulate the hunting of the protected animal generally or during a specified period and throughout the Republic or in a specified area.

The Minister has discretionary powers to alter the listing as the need to do so arises. Moreover, the law mandates the Minister to cooperate at international and regional levels, to liaise with other government ministries and to involve any other relevant stakeholder in implementing research and development programmes for wildlife conservation. As such, the listing meets international requirements under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Union for Conservation of Nature (IUCN).

Particular reference is made to elephants and rhinoceros, which are protected species over which the law imposes the highest level of protection, seen also in the severity of criminal sanctions imposed on wildlife crimes associated with these two species.

The legal framework provides for a quota system as a way of limiting hunting and fishing. Quota shall be established by the Department, hunters must record the numbers of animal killed or wounded to compute them under a licence. CRBs can manage wildlife under their jurisdiction within quotas specified by the Department. CRBs have quotas set for hunting blocks, allocated annually to the Chiefs to manage them. The Chief holds the quota on behalf of anyone within the communities. However, the assigned quotas are not free, nor are the proceeds from the quota accrued to the Chief, since fees for licences and permits must be paid to the DNPW.

A hunting concession grants the authority to hunt within a specified hunting block in a GMA and authorizes the hunting outfitter to sell a hunting quota to any person to hunt in the concession.

While the legal framework provides for the counting of authorized hunted animals, the law provides no details on the criteria to determine hunting quotas. In practice, however, much the management of quotas is performed administratively within the DNPW. The Research Unit in the DNPW compiles the quotas after feedback from the field staff, safari hunting outfitters and CRBs. Management approves the quotas before the Licensing Unit distributes them to operators. The Wildlife Conservation and Management Unit verifies the quotas. The Zambia Wildlife (Off-Take Quota Management) Regulations are not yet issued.

A Fisheries Management Plan shall determine fishing quotas, the amount of fish that may be harvested, and the number of fishing licences that may be issued in respect of the fishery, in any fishing season.

The Minister may, by statutory instrument, in consultation with the Licence Committee, prescribe the time or times of the year during which any specified species, variety or sex of game animal or protected animal may be hunted or captured pursuant to the licence or permit; Further, the law prohibits hunting during the hours of darkness. Seasonal fishing is also imposed to restrict fishing at a particular time of the year. Restrictions on hunting and fishing seasons are punishable by the imposition of civil sanctions in the form of fines, and criminal sanctions in the form of imprisonment.

The legal framework regulates types of hunting methods and tools. The use of specified firearms at a protected or game animal, of a motor vehicle, boat or aircraft for the purposes of hunting a game or protected animal, poisons and chemicals, or methods that drive animals into stampede, or hunting wild animal by game pits, trenches and wire traps are prohibited. 

The use of explosives, firearms, trawl nets and bottom drag nets is prohibited for fishing. The restrictions in fishing methods and techniques are mainly premised on environmental sustainability interests, particularly, the prevention of pollution and loss of biodiversity.

Anything that alters the natural configuration of the fishing environment, all techniques that jeopardizes wildlife habitats, all methods that threatens the continuous existence of an animal, such as the hunting of female and dependent young animals or eggs, as well as all methods that injure the welfare of an animal are prohibited. Hunters are under an obligation to self-report matters related to accidental injury of an animal or where such restrictions are violated. Any offence related to restrictions on hunting methods and techniques attract both criminal and civil sanctions depending on its severity.

The legal framework designates different actors and/or authorities, and their responsibilities and roles at the national and local levels. The Ministers responsible for wildlife and fisheries provide overall direction to their respective ministries, which are the appropriate enforcement authorities for the respective legislative and regulatory instruments on wildlife and fishing. The Ministers have discretionary powers to establish additional regulatory rules through statutory instruments. The Directors of the DNPW and Fisheries  department are responsible for the overall administration of their respective legal frameworks. The Directors have the power and authority to devolve and delegate their statutory functions to authorized officers operating at the local level in direct coordination with local entities such as the CRB, private tourism enterprises, and fisheries management committees in villages and zones.

The legal framework provides for institutional coordination and cooperation given the connectedness of land-based natural resources. It provides for coordination with the Ministries of Transport, Tourism, Agriculture and Fisheries, and Lands and Natural Resources, particularly, the Forest Department. It also provides for mandatory coordination with the Zambia Environmental Management Agency (ZEMA) with respect to matters of environmental sustainability, and environmental impact assessment.

The legal framework provides for the intra-departmental delegation of powers and functions, but not for the delegation of powers and functions to other actors and stakeholders outside the jurisdiction of the DNPW and the Fisheries Department. The Public Service Commission shall appoint as a public officer the Director of National Parks and Wildlife The Director may delegate any of the Director’s functions to an Assistant Director, a wildlife officer, a member of the Department, a board or to a committee of a board. The wildlife licensing committee may delegate its functions to the Director, an Assistant Director or a wildlife officer on such terms and conditions as it may determine, as it sits only on a quarterly basis.

The quota system limits hunting and fishing and indirectly impacts game meat and fish consumption. The Wildlife Act and statutory instruments further regulate the trade and consumption of trophies and meat. Offenses include dealing in trophies without a trophy dealer’s permit, with "trophy" encompassing durable parts of game or protected animals.

The Minister, advised by the Committee, can designate prescribed trophies, such as ivory and rhinoceros horn. A certificate of ownership is issued to lawful possessors of trophies, and import or export permits are required. A certificate of ownership is required to transfer the ownership to another person. The transfer of a certificate of ownership of a prescribed trophy needs the approval by the Committee.

Failure to comply with reporting and possession requirements is an offense.

Possessing, buying, or selling live game or protected animals or their meat without permission is prohibited. In private wildlife estates, possessing game meat without the owner's written consent is an offense. The Director can issue a certificate of ownership for lawful possession or sale of game or protected animals or their meat. A certificate and permit are required for selling game or protected animals, or their meat, with details endorsed upon the certificate upon sale.

Importing or exporting wild animals or their meat without permits is an offense. The trade and transportation of endangered species or trophies are subject to restrictions under the CITES Regulations. The control system relies on licences, permits, and certificates, including ownership certificates and permits to sell. Engaging in hunting or fishing outside this system leads to administrative, civil, and criminal consequences, including revocations, seizures, fines, and imprisonment.

In Zambia, wild meat is a national staple. The safety of any meat, wildlife or livestock is regulated by the Food Safety Act. The Wildlife Act, 2015 regulates wild meat as trophy or animal carcass and not as food. 

The Minister responsible for wildlife has discretionary powers to enforce regulatory controls over the consumption of wild meat through a statutory instrument. However, in doing so, under the current regulation, wild meat is regulated as wildlife trophy and not necessarily as food. The Prescribed Trophies Regulations of 1993, in particular, already enforces these regulatory mechanisms. No statutory instruments are yet in place to regulate wild meat retail.

The legal framework designates different actors and authorities with their respective duties, responsibilities and roles from the national to the local level. In addition to the Ministers responsible for the wildlife and fishing sector, the law empowers the Public Service Commission to appoint public officers from the directors of the respective departments as well as  the authorized officers who are delegated to perform different duties and roles. The authorized officers are mandated to coordinate and cooperate with local-level actors and stakeholders including community establishment.

The legal framework does not provide for mandatory cooperation and coordination among the authorities involved in decision-making; rather, this cooperation and/or coordination process should be determined by the discretion of the relevant Ministries.

The legal framework empowers designates the Permanent Secretary in the Ministry responsible for wildlife to direct the different actors within the Ministry at different levels of responsibility. Essentially, the delegation of powers and responsibilities is intra-departmental. While the Directors of the DNPW and the Fisheries Department are under the direction of the Minister and Permanent Secretary, they have power to delegate technical functions and duties to authorized officers under their jurisdiction to local institutions at the community level.