Fisheries and Aquaculture Act, 2023

Section Application of Act Section This Act applies— to all waters where fish is found or can be farmed within the jurisdiction of Uganda; to all fisheries and aquaculture activities; and to any fishing vessel registered in Uganda and to any act or omission occurring on or by that vessel, wherever the vessel may be.

Section Purpose of Act Section The purpose of this Act is— to provide for the control and regulation of all fisheries and aquaculture production activities and practices in an integrated manner to achieve conservation and sustainable economic, social and environmental benefits for the present and future generations; to provide for the administration, management and coordination of fisheries and aquaculture with local governments and other stakeholders at all levels; to create a sustainably financed Directorate for the management of the fisheries subsector with clearly defined structures and linkages between the mandates of central and local governments and the private sector; to promote and guide public participation in the management and conservation of fisheries resources, including women, youth and other vulnerable groups; to promote the competitiveness of the fisheries and aquaculture subsector and the diversification of fish and fish products; to promote and guide public private partnerships in fish production, value addition and marketing; to guarantee quality and safety of fish and fish products, including biosafety and biosecurity; to promote research-based decision making...

Section Environmental principles Section All persons involved in fisheries or aquaculture activities or any other person performing functions, duties or powers under this Act in relation to the development and utilisation of fisheries resources or ensuring sustainability shall take into account and give effect to the principles of environment management prescribed under the National Environment Act, 2019.

Section Interpretation Section In this Act, unless the context otherwise requires— “ aquaculture ” means the planned and controlled farming of fish , molluscs, crustaceans and aquatic plants for nutrition, income and livelihoods; “ aquaculture activity ” means breeding fish , hatchery operation, aquaculture farming, fish feed manufacturing and trade, live fish trade, transportation of live fish , processing of farmed fish and plants, live fish storage, provision of aquaculture service, aquaculture net manufacturing and trade in aquaculture appliances and inputs; “ aquaculture establishment ” means a facility or premises on land or water approved for the production of fish through aquaculture or products used in aquaculture , but does not include a personal aquarium ; “ aquarium ” means an artificial pond or tank used for keeping or displaying live fish and aquatic plants for decorative, ornamental or entertainment purposes; “ artisanal fish processing facility ” means any local facility in a fishing community or a designated place where fish , fish or aquaculture products are prepared, handled, processed, chilled, frozen, packaged or stored; “ authorised officer ” means any person...

Section Administration, management and development Section The administration, management and development of fisheries and aquaculture under this Act shall be undertaken by the Directorate of Fisheries Resources, subject to the overall guidance of the Minister in collaboration with local governments and other stakeholders.

Section Mandate of Directorate in relation to local governments Section For the purposes of ensuring the implementation of national policies with respect to the fisheries and aquaculture subsector and adherence to performance standards by local governments and in accordance with the Local Governments Act, the Directorate shall be responsible for— inspecting, monitoring and co-ordinating of Government initiatives and policies in the fisheries and aquaculture subsector as the initiatives and policies apply to local governments; co-ordinating and advising persons and organisations in relation to fisheries and aquaculture projects involving direct relations with local governments; and assisting in the provision of technical advice, support, supervision and training to local governments to enable the local governments carry out the delivery of fisheries and aquaculture services in their respective areas, and to develop their capacity to manage fisheries resources and aquaculture development.

Section Functions of local governments Section A local government shall— collaborate, through lake management organisations to ensure the sustainable management of fisheries on shared lakes; manage the fisheries resources within its jurisdiction under the guidance of the Chief Fisheries Officer ; coordinate the development of aquaculture within its jurisdiction; participate in the planning and development of fish landing sites; make bylaws and ordinances for sustainable fisheries and aquaculture management; where there are no lake management organisations, collaborate with landing site fisheries management committees as partners in the management of minor lakes; in consultation with the relevant ministries, departments and agencies, identify activities in the catchment area of any lake or water body that lie entirely within its administrative boundaries and which may impact on the biodiversity of the lake or water body or on the livelihoods of persons who depend on fisheries and, in relation to those activities, incorporate into local development plans, measures, including those relating to land use and natural resources, to prevent or mitigate such impacts; develop a district Fish...

Section District Fisheries Office Section A District Council shall, in accordance with the Local Governments Act, establish a District Fisheries Office. A District Service Commission shall appoint a District Fisheries Officer and such other officers, as may be required for the proper functioning of the District Fisheries Office.

Section Functions of District Fisheries Officers Section The functions of a District Fisheries Officer are— to co-ordinate with the Directorate and other relevant stakeholders on matters relating to fisheries and aquaculture ; to advise and guide the District Council on all matters relating to fisheries and aquaculture ; to sensitise, promote, guide and support the establishment and operation of landing site fisheries management committees and lake management organisations; to provide technical guidance and collaborate in the collection, analysis, use, storage and transfer of fisheries data and information for management purposes and to link the data to wider information management systems and development planning systems of the local government ; to provide such information to the Directorate as may be required for the purposes of fisheries management and aquaculture development; to provide technical guidance and collaborate with relevant stakeholders in the development of fisheries management and aquaculture development strategies; to support and promote extension and other related services in the development and provision of advisory services, including research relating to fish...

Section Fisheries regulation and control Section The regulation and control of fisheries and aquaculture activities, including monitoring and surveillance of all water bodies, fish handling, storage and processing facilities, fish markets, roads, air, entry and exit border points shall be under the Directorate . The Directorate shall, in the performance of its functions under subsection (1) , consult the relevant Government ministries, departments and agencies, local governments and other relevant stakeholders, as appropriate.

Section Fisheries co-management structures Section The Minister shall, by regulations, establish and prescribe functions of fisheries co-management committees from the landing site up to national level with linkages to the regional level including— landing site fisheries management committee; sub-county fisheries management committee; district fisheries management committee; lake wide fisheries management committees; national fisheries management committees; and regional fisheries management committees.

Section Impersonation of authorised officer Section A person, not being an authorised officer or employee of the Directorate , who takes or assumes the name, designation, character or appearance of an authorised officer or employee of the Directorate for the purpose of— obtaining admission to any premises; doing or causing to be done any act which he or she is not entitled to do; or doing any unlawful act,

Section Penalty for violating fish quality standards Section Aperson who fails to comply with the fish quality standards prescribed under this Act, commits an offence and is liable, on conviction— for supply of fish to a fish processing establishment for the export market, to a fine not exceeding two thousand currency points or imprisonment not exceeding one year, or both for a first offence and a subsequent offence, a fine not exceeding three thousand currency points or to imprisonment not exceeding two years, or both; for supply of fish to the domestic market, to a fine not exceeding two hundred currency points or to imprisonment not exceeding six months, or both; and for an exporter, in case of a first offence, to a fine not exceeding five thousand currency points or to imprisonment not exceeding three years, or both and, in addition, the court shall order the revocation of the export licence .

Section Unlawful seizure Section A person who— takes, or causes or permits to be taken, anything seized under this Act otherwise than in accordance with this Act; breaks, destroys or throws overboard from any facility, aircraft, vessel or vehicle , anything for the purpose of preventing its seizure or for the purpose of preventing it from being secured after it has been seized; or destroys or damages anything that is seized under this Act otherwise than in circumstances provided for in this Act or regulations made under this Act,

Section Removing or defacing seal Section A person who— removes a seal of the Directorate from any premises, facility or package without the authority of an authorised officer ; or willfully alters, defaces, obliterates or imitates, any mark placed by an authorised officer on any premises, facility or package,

Section Alerting offender Section A person who, with intent to obstruct an authorised officer or an employee of the Directorate in the execution of his or her duty, alerts, or does any act for the purpose of alerting any person engaged in the commission of an offence under this Act, whether or not that person is in a position to take advantage of such alert or act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both.

Section Conspiracy to commit an offence Section A person who conspires with another person to contravene any of the provisions of this Act commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both.

Section Continuing or subsequent offences Section A person who continues to contravene any of the provisions of this Act or regulations made under the Acts commits an offence and is liable to an additional penalty— A person who commits a second or subsequent offence is liable to pay an additional penalty— in the case of an individual, of a fine not exceeding one thousand currency points for each day on which the offence continues; or in the case of a body corporate, to a fine not exceeding ten thousand currency points for each day on which the offence continues. in the case of an individual, to a fine not exceeding fifty thousand currency points or imprisonment not exceeding ten years, or both; and in the case of a body corporate, to a fine not exceeding one hundred thousand currency points.

Section General penalty Section A person who contravenes any provision of this Act for which no penalty is specifically provided, commits an offence and is liable, on conviction— in the case of an individual, to a fine not exceeding one thousand currency points or to imprisonment not exceeding seven years, or both; and in the case of a body corporate, to a fine not exceeding ten thousand currency points.

Section Power of court to confiscate and order forfeiture Section The court which convicts a person of an offence under this Act may order the forfeiture of— any fish or fish product in respect of which the offence was committed or which was found in the person’s possession or his or her agent’s possession; or any vehicle , vessel or other conveyance, machinery, goods or equipment, fishing gear implement, appliance, material, container, weapon or other thing which was used to commit the offence or which was capable of being used to take fish or fish products found in his or her possession and used in respect of the commission of the offence. Any fish or fish product forfeited under subsection (1) shall, unless otherwise ordered by the court, be destroyed, sold or otherwise disposed of as the court may determine.

Section Power of court to order compensation Section The court may, where a person is convicted of an offence under this Act, order the person to— pay to the Government, in addition to any penalty imposed by the court for the offence, an amount of compensation for that loss or damage not exceeding five times the value of the fish ; or pay up to ten times the amount of any fees or other payment which, had the act constituting the offence been authorised, would have been payable in respect of the authorised act.

Section Offences committed by body corporate Section Where an offence committed by a body corporate under this Act is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, commits that offence. A person who commits an offence under subsection (1) is liable, on conviction, to a fine or to imprisonment prescribed by the relevant section.

Section Deprivation of monetary benefits Section A court convicting a person of an offence under this Act may summarily and without pleadings, inquire into the money benefit acquired or saved by the person as a result of the commission of the offence and may, in addition to any other penalty imposed, impose a fine equal to the court’s estimation of that monetary benefit, notwithstanding any maximum penalty provided under this Act.

Section Cancellation of licences and permits by court Section The court may, on convicting a person granted a licence or permit of an offence under this Act— order that the licence or permit be cancelled; or disqualify that person from obtaining a licence or permit for a period as the court thinks fit.

Section Further powers of court Section A court, on convicting any person for an offence under this Act, may order that person, within a time specified in the order, to do any act that the person had failed, refused or neglected to do.

Section Express penalties Section The Minister may, by regulations, prescribe an express penalty scheme for contravention of any provision of this Act. For the avoidance of doubt, an express penalty prescribed under subsection (1) shall be deposited into the Consolidated Fund.

Section General offences Section A person who contravenes any of the terms or conditions of a licence or permit commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both.

Section Counterfeiting and similar offences Section A person who— counterfeits, or issues without authority, any licence or permit; submits false information in an application for a licence or permit; counterfeits, alters, obliterates or defaces any stamp, mark, sign, licence or permit; knowingly receives or keeps in his or her possession, any fish or fish product acquired in contravention of this Act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both.

Section False statements and evidence of application Section A person who— makes any statement which he or she knows to be false for the purpose of procuring, whether for himself or herself or any other person, the issue of a licence or permit under this Act; or falsely represents himself or herself to be a person to whom a licence or permit has been issued under this Act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both. In any proceedings before a court, the fact that a licence or a permit has been issued to a person shall be evidence that the person, for the purpose of obtaining that licence or permit, made a declaration that he or she was not disqualified from holding or obtaining the licence or permit.

Section Prohibited fishing methods and fishing gear Section A person commits an offence who— Any person who— uses any explosive, fire-arm, any device capable of producing an electric current, poison; including poison made from a natural substance or other noxious substance for killing, stunning, disabling or catching fish ; uses any fishing method or fishing gear prescribed as unlawful; carries anything referred to in paragraph (a) or (b) in circumstances that indicate an intention to use it; or lands, sells, receives, transports or is found in possession of fish , knowing or having good cause to know it to have been taken using a method referred to in paragraph (a) . A person who commits an offence under subsection (1)(a) is liable, on conviction, to imprisonment not exceeding eight years without the option of a fine. A person who commits an offence under subsection (1)(b) , (c) or (d) , is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment not exceeding one year, or both. Subsections (1)(a) and (b) do not apply to the use of prohibited fishing methods or gear for purposes of research in accordance with this Act. The onus is on the perso...

Section Undersize fish Section A person who— in fishing waters , captures or kills any fish which is undersize; or buys, sells, exposes for sale or is in possession of any undersize fish taken from any fishing waters , In addition to any penalty imposed under subsection (1) , court may order the person to make good any loss occasioned by paying to court an amount equivalent to the value for the undersize fish in question at the rate of permitted size.

Section Pollution Section A person who— disturbs, injures, poisons, kills or detrimentally affects any fish , fish spawning ground, including any aquatic plant or animal or fish food in any part of the fishing waters , by casting, discharging or allowing to fall, flow or percolate into those waters, oil, chlorinated hydrocarbon, biocide, pesticide, toxic or any other hazardous substance, heavy metal or other material or rubbish; or places any pollutants in a place where, by natural means, they can be washed into or otherwise reach the fishing waters or any water body,

Section Offences relating to authorised officers Section A person who— fails to comply with a lawful order issued by an authorised officer in accordance with this Act; refuses an authorised officer entry upon any land, water, premises, facility, vehicle or vessel which he or she is empowered to enter by this Act; obstructs, intimidates, molests, hinders or wilfully delays an authorised officer in the exercise or performance of his or her powers and functions under this Act; refuses an authorised officer access to records, including electronic records, kept in accordance with this Act; knowingly or negligently misleads or gives wrongful or false information to an authorised officer under this Act; knowingly makes a statement or produces a document that is false or misleading in a material particular to an authorised officer engaged in carrying out his or her duties and functions under this Act; fails to produce anything required to be produced under this Act; refuses or resists a lawful search or inspection; or fails to state or wrongly states his or her name or address to an authorised officer in the course of his or her duties under this Act,

Section Prohibition of fisheries and aquaculture activities without licence or permit Section A person shall not engage in any fisheries or aquaculture activity without the relevant licence or permit issued under this Act.

Section Application for licence or permit Section A licence shall be deemed to have been issued where the Chief Fisheries Officer does not— An application for a licence or permit under this Act shall be in the manner prescribed by regulations. Subject to this Act, the Chief Fisheries Officer may, on application being made in the prescribed manner and on payment of the prescribed fee, issue to an applicant, a licence or permit. A licence or permit shall be issued in such form and subject to such conditions as may be prescribed by regulations. Where the Chief Fisheries Officer refuses to issue a licence , he or she shall, within thirty days from the date of the application, inform the applicant, in writing, giving reasons for the refusal. issue a licence within the prescribed time; and inform the applicant, in writing, of the reasons for the refusal. A person who is aggrieved by the refusal of the Chief Fisheries Officer to issue a licence may appeal to the Minister within fourteen days from the date of communication of the refusal. The Chief Fisheries Officer shall, in determining an application for a licence or permit, have regard to the purposes of this Act.

Section Fishing vessel licence Section A vessel shall not be used for fishing unless— the vessel is registered under the Inland Water Transport Act, 2021; and there is in force, in respect of that vessel, a valid fishing vessel licence . The owner and crew of a vessel used in contravention of subsection (1) each commit an offence and are each liable, on conviction, to a fine not exceeding five thousand currency points or imprisonment for a term not exceeding three years, or both.

Section Fishing vessel licence conditions Section A fishing vessel licence maybe subject to general or special conditions and shall have a unique fishing vessel identification plate for the vessel to which it relates as may be prescribed by regulations. Notwithstanding subsection (1) , a license issued under section 34 shall specify the species, fishing gear , type and size, the number of each target species based on the state of stocks and the number of crew. The owner and crew of a vessel used in contravention of any condition relating to the fishing vessel licence , each commit an offence and are each liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term not exceeding one year, or both.

Section Fish transport licence Section A vessel or vehicle shall not be used to transport fish unless— the vessel or vehicle is registered under the Inland Water Transport Act, 2021 or the Traffic and Road Safety Act, 1998 respectively; and there is in force in respect of that vessel or vehicle , a valid fish transport licence . The Chief Fisheries Officer may delegate the power to issue a fish transport license under subsection (1) to a District Fisheries Officer. The owner and crew of a vessel or vehicle which transports fish without a valid fish transport licence contrary to subsection (1) or in breach of any condition applicable to the licence, each commit an offence and are each liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment for a term not exceeding two years, or both. This section does not apply to the transportation of fish or fish products for subsistence purposes.

Section Fishmonger licence Section A person shall not trade in fish or fish products unless he or she is in possession of a valid fishmonger licence issued by the Chief Fisheries Officer . The Chief Fisheries Officer may delegate the power to issue a fishmonger licence under subsection (1) to a District Fisheries Officer. A person who trades in fish or fish products without a fishmonger licence commits an offence and is liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment not exceeding two years, or both.

Section Prohibition of foreign fishing vessels Section A foreign fishing vessel shall not be used for commercial fishing in the waters of Uganda. A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five thousand currency points or to imprisonment not exceeding three years, or both.

Section Fish movement permit Section A person shall not, for purposes of trade, move fish or fish products from one place to another unless he or she is in possession of a valid fish movement permit issued by a District Fisheries Officer. A person who, for purposes of trade, moves fish or fish products without a fish movement permit commits an offence and is liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment not exceeding one year, or both. The holder of a fish movement permit shall cause the permit to be carried and exhibited at all times. A fish movement permit shall be in the form prescribed by regulations.

Section Regulation of aquaculture practices Section The regulation of aquaculture and approval of aquaculture establishments shall be carried out in collaboration with relevant stakeholders.

Section Provision of adequate measures for confinement Section A person shall not carry out aquaculture without adequate measures for confinement of the fish to prevent escape from the establishment.

Section Environmental and social impact assessment Section A person shall not engage in aquaculture for commercial purposes without carrying out the relevant environmental and social impact assessment in accordance with the National Environment Act, 2019.

Section Safety and quality measures Section A person engaged in the construction of an aquaculture establishment shall— construct the aquaculture establishment in such a manner as to ensure the safety and quality of the live fish and fish products and the environment; and put in place sanitary measures in a manner prescribed by regulations to ensure health for fish and other animals and aquatic plants, safety and quality of products and protection of the environment.

Section Prevention and control of contaminants and other disease­causing agents Section A person engaged in aquaculture shall not practice aquaculture without having in place measures to prevent and control contaminants and other disease-causing agents arising from the air, soil, water, feed, fertilisers, fish stock, veterinary drugs, and agricultural chemicals, including pesticides or any other source of contaminants. A person engaged in aquaculture shall comply with the standard sanitary measures for aquaculture prescribed by guidelines issued by the Chief Fisheries Officer .

Section Aquaculture activity licence Section The Chief Fisheries Officer shall not issue a licence under this section unless he or she is satisfied that— A person shall not engage in an aquaculture activity without a valid licence issued by the Chief Fisheries Officer in respect of that aquaculture activity , under this Part. An application for an aquaculture activity licence shall be made to the Chief Fisheries Officer in the prescribed form and shall be accompanied by the prescribed application fee. The Chief Fisheries Officer shall, before determining an application under this section, ensure that consultations with stakeholders are carried out in accordance with such procedures as may be prescribed by regulations. The procedures under subsection (4) may require the costs of, and ancillary to consultation, to be borne wholly or partly by the applicant. the applicant has the legal right to occupy any land required for the operation of the aquaculture establishment , and to use the land for that purpose; the applicant has the legal right to abstract or use any water required for the operation of the aquaculture establishment and to discharge any waste water or effluent from that e...

Section Conditions of aquaculture activity licence Section An aquaculture activity licence may contain such conditions as the Chief Fisheries Officer considers necessary to ensure the protection of the environment and fish in adjacent or connected waters, including conditions relating to— the species and quantities of fish that may be introduced into a particular aquaculture establishment ; the structure, equipment and maintenance practices pertaining to that aquaculture establishment ; measures relating to the health of fish maintained within the aquaculture establishment , including the use of any drugs or pharmaceutical applications; the types of feed that may be used; and the disposal of dead fish , waste or other materials resulting from aquaculture . The Chief Fisheries Officer shall, in determining the conditions to be included in an aquaculture activity licence , have regard to the regulations, as may be made by the Minister . A person who operates an aquaculture establishment in breach of the conditions of the relevant aquaculture activity licence commits an offence and is liable, on conviction, to a fine not exceeding two thousand five hundred currency points or to impris...

Section Alterations to aquaculture establishment Section An aquaculture establishment shall not be altered without the prior consent, in writing, of the Chief Fisheries Officer .

Section Aquaculture not to impair other activities Section The Chief Fisheries Officer shall, in collaboration with local governments and other relevant bodies ensure that— the development of aquaculture is ecologically sustainable and allows the rational use of the resource shared by aquaculture and other activities; the livelihood, culture and traditions of local communities and their access to fishing grounds are not affected by aquaculture development; and the siting of aquaculture establishments does not deprive local communities of access to fishing grounds.