ZMB- CA - HUNTER/FISHER STATUS
CONSUMPTION USE
Zambia / Consumption use
HUNTING AND INLAND FISHING
HUNTER/FISHER STATUS
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Section 2 (extract)- "“ fishing ” includes any act directed at or intended for the harvesting, taking, killing or injuring of any fish; “ 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; “ 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..
Section 34(1) The Minister may, for the purposes of recreational, subsistence or research fishing, by statutory order, declare any area of water to be a prescribed area and shall in such order specify for which of the purposes the area is so declared.
Section 36 (1) The Minister may, by statutory order, declare any area of water to be a commercial fishing area.
Regulation 5 (extract)- "[...](4) A special licence shall authorise the licensee— (a) for purposes of scientific research or for the collection of specimens for zoological gardens, museums or education
to hunt such game animal or protected animal as may be specified in the licence; (b) to hunt in any stated National Park or Game Management Area such game animal or protected animal as may be
specified in the licence; (c) to rear any wild animal and for such purposes to capture for
rearing or hunt in any stated area or part of the Republic such game animal or protected animal or protected animal as may be specified.
Section 2 (extract )-"“ hunt ” includes to kill or the doing of an act immediately directed at killing"
Section 40 (extract)- "(1) The Committee may, upon application made by a person to the Committee in the prescribed manner and form and upon payment of the prescribed fee, issue a hunting licence to that person. (2) Subject to this Act and the terms and conditions prescribed for a hunting licence, the hunting licence shall authorise the licensee to hunt such animals as are specified in the hunting licence in such areas and for such period as may be prescribed."
Section 42 (extract)- "(1) The Committee may, upon application made by a person to the Committee in the prescribed manner and form and upon payment of the prescribed fee, issue a professional hunter’s licence to that person. (2) Subject to the other provisions of this Act and to the terms and conditions prescribed for a professional hunter’s licence, a professional hunter’s licence shall — (a) authorise the licensee to carry on business as a professional hunter; (b) allow the licensee to be employed by a hunting outfitter with a hunting concession or with an unfenced private wildlife estate; (c) engage and supervise such number of apprentice professional hunters on such terms and conditions as may be prescribed; and (d) while accompanied by a bona fide client, authorise the licensee to hunt such animals as are specified in the hunting licence issued to the bona fide client and in the numbers so prescribed.
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Section 27 (extract)- "except as otherwise provided by this Act, any person who, without a fishing licence, fishes in any fisheries management area commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both."
section 40 (extract)- "(1) subject to section forty - one, a person shall not engage in aquaculture except in accordance with the provisions of this Act and under the authority of a licence issued under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both."
Regulation 2 (extract)- "(1) An application for a non-resident hunting licence shall be made in Form ZAWA 1 as set out in the First Schedule. (2) The licensee shall pay the fee in respect of a non-resident
hunting licence, as specified in the Second Schedule."
Regulation 3 (extract)- "(1) An application for a resident hunting licence shall be made in Form ZAWA 4 as set out in the First Schedule; (2) For purposes of this regulation a resident hunting licence
may be issued— (a) by the national office in Form ZAWA 5 set out in the First Schedule; or (b) by a designated District office, in Form ZAWA 6 set out in the First Schedule;
37. Except as otherwise provided by this Act, a person who hunts a game animal or protected animal, except under or in accordance with the conditions of a hunting licence, commits an offence
58 (1) A licensee and permit holder shall -
(a) have the licence or permit in actual possession at all times while hunting a game animal or protected animal under the licence or permit;
(b) produce the licence or permit for inspection and give the licensee’s or permit holder’s full names and address, in writing, to an authorised officer, upon request;
(c) be accompanied by a wildlife police officer or community scout while hunting; and
(d) keep, in the prescribed form, a true record of all game animals or protected animals, other than birds, hunted by that person during the validity of the licence or permit.
(2) A person who contravenes sub-section (1) commits an offence.
63(1) Except as otherwise provided by this Act, a person who is not a holder of a hunting licence or capture permit under this Act, who hunts a game animal or protected animal in an open area commits an offence and is liable, upon conviction, to a fine not exceeding four hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both. (2) This section does not apply to a person who, within an open area — (a) hunts an animal which is not a game animal or protected animal; (b) is the owner of the land and is in possession of a hunting licence or hunting concession that person to hunt the game animal or protected animal; (c) has previously sought and obtained the written consent of the owner to do so and is in possession of a hunting licence that person to hunt a game animal or protected animal; or (d) is an authorised officer while acting under instructions in performance of that officer’s duties in the exercise of powers under this Act. Same criteria for hunting in private fenced and unfenced wildlife estate, see section 64
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Section 40 (extract)- "(1) The Committee may, upon application made by a person to the Committee in the prescribed manner and form and upon payment of the prescribed fee, issue a hunting licence to that person. (2) Subject to this Act and the terms and conditions prescribed for a hunting licence, the hunting licence shall authorise the licensee to hunt such animals as are specified in the hunting licence in such areas and for such period as may be prescribed."
Section 42 (extract)- "(1) The Committee may, upon application made by a person to the Committee in the prescribed manner and form and upon payment of the prescribed fee, issue a professional hunter’s licence to that person."
Section 44 (extract)- "(1) The Committee, or a wildlife police officer duly authorise, in writing, by the Committee, may issue a fishing permit to authorize a person to fish for non-consumptive purposes in a National Park or Community Partnership Park and shall impose such conditions upon the use of the fishing permit as the Minister may prescribe. (2) A fishing permit issued under subsection (1) shall specify the species and number of fish which may be caught under the fishing permit."
Section 48 (extract)- "(1) Subject to subsection (2), the Committee may, upon application by a hunting outfitter in the prescribed manner and form and upon payment of the prescribed fee, grant the hunting outfitter a hunting concession. (2) A hunting concession shall authorise a hunting outfitter (holder of a tourism enterprise licence)to — (a) hunt within a Game Management Area or part of a Game Management Area on such terms and conditions as may be prescribed; and (b) sell a hunting quota to any person to hunting in the concession area"
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Section 39 (extract)- "(1) The following classes of licences shall be issued under
this Part—(a) hunting licence; (b) bird licence; and (c) professional hunter’s licence. (2) The following permits shall be issued under this Part— (a) fishing permit; […]"
Section 63 (Extract)- "(1) Except as otherwise provided by this Act, a person who is not a holder of a hunting licence or capture permit under this Act, who hunts a game animal or protected animal in an open area commits an offence and is liable, upon conviction, to a fine not exceeding four hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.
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Section 39 (extract)- "(3)The Minister may, by statutory instrument, in consultation with the Committee, prescribe— (a) the form of, and the terms and conditions attaching to, each class of licence and permit; (b) 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; (c) 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; (d) the area or areas in which each licence or permit shall be valid and the validity of each licence or permit; (e) 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 (f)the fee payable in respect of each class of licence or permit issued under this Part."
Section 58. (1) A licensee and permit holder shall—
(a) have the licence or permit in actual possession at all times while hunting a game animal or protected animal under the licence or permit;
(b) produce the licence or permit for inspection and give the licensee’s or permit holder’s full names and address, in writing, to an authorised officer, upon request;
(c) be accompanied by a wildlife police officer or community scout while hunting; and
(d) keep, in the prescribed form, a true record of all game animals or protected animals, other than birds, hunted by that person during the validity of the licence or permit
Section 59. (1) provides that a holder of a professional hunter’s licence issuedunder section forty-two shall—
(a) have the licence in actual possession, at all times, while engaged in hunting a game animal or protected animal as a professional hunter;
(b) produce the licence for inspection, and give the licensee’s full names and address, in writing, to an authorised officer, upon request;
(c) keep, in the prescribed form, a record of each client whereby the professional hunter accepted engagement by the client as a professional hunter, together with a true record of the game animal or protected animal, other than birds, hunted by, or on behalf of, that client under the licence;
(d) be accompanied by a wildlife police officer or community scout during hunting; and
(e) immediately after each hunt ensure that a client in relation to whom the professional hunter is engaged for that hunt completes a certificate in the prescribed form, specifying the game animal or protected animal killed or wounded.
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Section 39 (extract)- "(3) The Minister may, by statutory instrument, in consultation with the Committee, prescribe—(a) the form of, and the terms and conditions attaching to, each class of licence and permit; […]"
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Regulation 2 (extract)- "(2) The licensee shall pay the fee in respect of a non-resident hunting licence, as specified in the Second Schedule."
Section 39 (extract)- "(3) of the Wildlife Act provides that the Minister may, by statutory instrument, in consultation with the Licensing Committee established under the Act, prescribe- [...](f)the fee payable in respect of each class of licence or permit issued under this Part."
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Section 35 (extract)- "(1) Notwithstanding the provisions of this Act, the Director may, upon such conditions as the Director may consider necessary, and upon payment of such fee as may be prescribed, grant to any person, or persons collectively, a special fishing licence which shall authorise the holder thereof to fish in any specified area or specified waters for any of the following purposes:(a) scientific research or the collection of specimens for aquaria, museums and similar institutions;(b) collecting live fish for stocking specified waters;(c) the supply of food in cases of emergency if no other adequate food supply is available; or(d) experiment subject to the direction of the Director.(2)A special fishing licence may authorise the holder to fish by any means or method of fishing subject to such conditions as the Director may consider necessary to impose."
57. (1) Subject to this Act, the Department shall operate a single licensing system for the wildlife sector in accordance with the Business Regulatory Act, 2014. (2) A regulatory agency shall not issue or grant a licence, permit, certificate or other authorisation for the doing of an activity by a person, which may have an adverse effect on wildlife management and conservation, before the regulatory agency first consults the Department whether the issuing or the grant of the licence, permit, certificate or other authorisation will have an adverse effect on wildlife management and conservation (3) The Department may, where consulted under subsection (1), impose such conditions or stipulate such requirements as it considers necessary to maintain the wildlife estate or protect wildlife and the wildlife habitat, including conditions relating to the strict compliance of any provision of this Act. (4) Where the Department imposes any conditions or stipulates any requirement under subsection (3), a regulatory agency shall endorse such condition or requirement on a licence, permit, certificate or authorisation issued to a person whose activities under the licence, permit, certificate or authorisation will affect wildlife conservation and management. (5) A regulatory agency shall, when requested to do so by the Department, give to the Department any advice or assistance or submit such information as may be necessary for the performance of its functions under this section. (6) A contravention of a condition or requirement endorsed on a licence, permit, certificate or authorisation under subsection (3), shall be a ground for the revocation of the licence, permit, certificate or authorisation issued by a regulatory agency under the relevant law.
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Section 40 (extract)- "(1) The Committee may, upon application made by a person to the Committee in the prescribed manner and form and upon payment of the prescribed fee, issue a hunting licence to that person. (2) Subject to this Act and the terms and conditions prescribed for a hunting licence, the hunting licence shall uthorise the licensee to hunt such animals as are specified in the hunting licence in such areas and for such period as may be prescribed. (3) The Committee may, by way of endorsement on a hunting licence issued under this section, authorise the licensee to employ a Zambian, for reward or otherwise, to hunt or assist in hunting, on behalf of the licensee, the animal specified in the hunting licence, except that the Committee’s endorsement under this subsection shall not be unreasonably withheld.(4) It shall not be necessary that a person employed under subsection (3) be the holder of a hunting licence under this Part."
Section 44 (extract)- "(1) The Committee, or a wildlife police officer duly authorised, in writing, by the Committee, may issue a fishing permit to authorise a person to fish for non-consumptive purposes in a
National Park or Community Partnership Park and shall impose such conditions upon the use of the fishing permit as the Minister may prescribe. (2) A fishing permit issued under subsection (1) shall specify the species and number of fish which may be caught under the fishing permit."
Section 54 (extract)- "(1) Subject to subsection (2), the Committee may suspend or revoke a licence or permit if the licensee or permit holder— (a) obtained the licence or permit on the basis of fraud, negligence or misrepresentation; (b) assigns, cedes or otherwise transfers the licence without the prior approval of the Committee; (c) fails to comply with any term or condition of the licence or permit; or (d) operates the licensed or permitted business activity in contravention of this Act or any other relevant written law. (2) The Committee shall, before suspending or revoking a licence or permit, in accordance with subsection (1), notify the licensee or permit holder of its intention to suspend or revoke the licence or permit, giving reasons for its decision and requesting the licensee or permit holder to show cause, within such reasonable period as may be specified in the notice, why the licence or permit should not be suspended or revoked. (3) The Committee shall, where a licensee or permit holder fails to correct the contravention within the period specified under subsection (2), suspend or revoke the licence or permit as it considers appropriate in the circumstances of the case."
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Section 44 of the Fisheries Act provides that an aquaculture licence shall not be transferred without
the prior written approval of the Director:
provided that the Director may authorise the transfer of a licence on such conditions as the Director may determine.
Section 51(extract)- "(1) provides that except as is otherwise provided by this Act, a licence or permit issued under this Part shall be used solely by the licensee or permit holder and is not transferable to another person. (2) A person who transfers a licence or permit issued to that person or accepts the transfer of a licence or permit from any person commits an offence."
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54(1); Subject to subsection (2), the Committee may suspend or revoke a licence or permit if the licensee or permit holder— (a) obtained the licence or permit on the basis of fraud, negligence or misrepresentation; (b) assigns, cedes or otherwise transfers the licence without the prior approval of the Committee; (c) fails to comply with any term or condition of the licence or permit; or (d) operates the licensed or permitted business activity in contravention of this Act or any other relevant written law.
114(1); An authorised officer may arrest a person, without warrant, where the authorised officer has reasonable grounds to believe that the person— (a) has committed an offence under this Act; (b) is about to commit an offence under this Act and there is no other way to prevent the commission of the offence; or (c) is wilfully obstructing the authorised officer in the execution of the officer’s duties. (2) An authorised officer who makes an arrest under subsection (1) shall, without undue delay, have the person arrested brought to a police station.
138(1); The court may, where a person is convicted of an offence, in addition to any other penalty provided for in this Act— (a) order the cancellation and surrender of the licence, permit, certificate or authorisation held by that person; (b) assess the amount of compensation for the loss or damage caused by that person in the commission of the offence and cause the compensation to be recovered from that person as if it were a debt due and payable to the Government; (c) order the removal or demolition, within such time as the court may determine, of any unauthorised buildings, structures, machinery, equipment, crops and other works set up or grown by that person, and the restoration, as far as practicable, of all areas and things to their former state, and if the removal, demolition and restoration is not effected within the time fixed by the court, the Director shall cause it to be done and the cost incurred shall be recovered by the Director from the convicted person; or (d) order the confiscation or forfeiture of any wildlife, object, item or article in respect of which the offence was committed and of any livestock, tools, machinery, equipment, vehicles or other property used in the commission of the offence. (2) The Director may sell or otherwise dispose of any property confiscated or forfeited under subsection (1) and handed over to the Director by order of the court, and any moneys received from the sale or disposal of the property shall be paid into the general revenues of the Republic