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FINAL DRAFT POLICY ON THE MANAGEMENT AND GROWTH OF SWAZILAND’S FRESH WATER FISHERIES AND AQUACULTURE SECTORS – V8 15 APRIL 2011

FINAL DRAFT FRESH WATER FISHERIES AND

AQUACULTURE POLICY IN SWAZILAND Prepared by the European Union funded ACP Fish II Programme

For The Government of the Kingdom of Swaziland


ACKNOWLEDGMENT The Government of the Kingdom of Swaziland greatly acknowledges the assistance and support provided by the European Union and particularly its ACP Fish II programme in the development of this policy document. The Government of the Kingdom of Swaziland wishes to also acknowledge the important and invaluable contributions made by officials from various government departments and institutions, including those interested and affected parties who participated in the finalisation of this policy during the validation workshop held in Ezulwini during April 2011.

FINAL DRAFT POLICY ON THE MANAGEMENT AND GROWTH OF SWAZILAND’S FRESH WATER FISHERIES A

ND AQUACULTURE SECTORS – V8 15 APRIL 2011

FOREWORD Fisheries development is one of the strategic government initiatives in food security in general and in its quest to attain the Millennium Development Goals (MDGs). Fisheries play a pivotal role especially in food (e.g. the reduction of hunger) and nutrition security. The development and expansion of fish farming to any level of commercial fish farming becomes significant in poverty alleviation and for income generation. All this lands itself to the importance of the Fisheries Policy (FP). The FP is a strategic planning document that seeks to provide direction and guidance in the regulation and management of all fisheries development in the country. The finalization of the FP was made possible by the kind assistance from the ACP Fish II Programme funded by the European Union (EU), which provided the financial resources and fisheries policy experts who refined the locally produced fisheries policy draft. The development of the FP was undertaken through a consultative process including the Fisheries Sub-sector as per the Government sector-wide approach and other stakeholders. The strategies are informed by views and aspirations of those consultations. Other strategic national and international documents consulted for this purpose include the PRSAP, NDS, Food Security Policy, Water Act, Abuja Declaration, SADC Fisheries Policy and the FAO Code of Conduct on Sustainable Fisheries. This policy document will go a long way in championing the development of aquaculture or fish farming and capture fishing in the country. That is, it injects the necessary impetus to the contribution of sport fishing to ecotourism and to commercial fish farming both at small and large-scale commercial enterprises. Also, it reinforces the preservation and protection of both terrestrial (watershed areas) and riverine ecosystems for a healthy aqua life, which will support the sustainability of water resources. I wish to applaud the work of the Ministry of Agriculture and all stakeholders for crafting this very important policy. All those who dedicated their time and energies and contributed to the development of the FP are worthy of my salute. Also, I once again extend the Government’s appreciation to the EU for funding the finalization of this process through the ACP Fish II Programme. I now present the Fisheries Policy to the entire Swazi Nation and international community and partners for implementation. It is the desire of the Ministry of Agriculture that all stakeholders whether local communities, donors and development partners, the private sector, civic society, fishers and fish farmers internalize this policy for a sustainable fisheries and aquaculture industry in Swaziland.

Clement M. Dlamini Minister for Agriculture



CONTENTS DEFINITION S & ACRONYMS ...................................................................................................................... 1

CHAPTER 1 ................................................................................... ........................................................................ 3

FISHERIES AND AQUACULTURE IN SWAZILAN D........................................................................ 3

1. Introduction & Overa rching Policy Objective........................................................................... 3

2. Fishing in Swazila nd............................................................................................................................ 4

2.1 Sport Fishing................. ................................................................................................................. 5

2.2 Wild Capture Fishing ................................................................................................................. 5

2.3 Aquaculture ...... .............................................................................................................................. 6

3. Object ives of Policy.............................................................................................................................. 8

CHAPTER 2 ........................................................................................................................................................... 9 OVERVIEW OF THE REGULATORY AND INSTITUTIONAL FRAMEWORKS

GOVERNING FISHERIES ............................................ .................................................................................. 9

4. Ministry of Agriculture: F isheries Section.................................................................................. 9

4.1 Mission S tatement ....................................................................................................................10

4.2 Mand ate .........................................................................................................................................10

4.3 Goal ............ ......................................................................................................................................10

4.4 Objectives........................................................... ...........................................................................10

5. Swaziland’s Fisheries & Aquaculture Laws ................ ...........................................................11

5.1 The Protection of Fresh Water Fish Act, 1 937 ...........................................................11

5.2 The Fresh Water Fish Regulations, 1937 ....................................... ..............................11

6. Regional and International Fisher ies & Aquaculture Instruments ..............................12

6.1 SADC Protocol on Fisheries ....................................................................................... .........12

6.2 Abuja Declaration on Sustainable Fisherie s and Aquaculture in Africa.........14

6.3 The FAO Code on Responsible Fisheries ................................. ...................................16

7. Related Government Ministries, Departments and Institutions .............. .....................19

7.1 The Ministry of Natural Resources: Department of Wat er Affairs.....................19

7.2 The Environment Authority (a Government parastatal) ......................................... 19

7.3 The Ministry of Commerce and the Ministry of Fi nance ........................................19

7.4 Co-operation with Tertiary Research Institutions ......................................................20

7.5 A ccess to Micro-Financing....................................................................................................20

CHAPTER 3 ................................... ......................................................................................................................21

THE POLICY FRAMEW ORK ......................................................................................................................21

8. Scope of Policy ....................................................................................................................................21

FINAL DRAFT POLICY ON THE MANAGEMENT AND GROWTH OF SWAZILAND’S FRESH WATER FISHERIES AND AQUACULTURE SECTORS – V8 15 APRIL

2011

Pillar 1: Institutional Improvement ........................................................................................................21 1.1 Restructuring the Fisheries Section& Development of Human Resources

and Skills .......................................................................... ............................................................................21

(a) Restructuring the Fisheries Section ................. ...........................................................21

(b) Development of Human Resources & Skills ...........................................................22

(c) Key staff training areas ...................................................................... ................................22

1.2 Prioritising fisheries so as to overcome funding constraints................................23 1.3 Development of regulatory frameworks, fishery management institutions

and management systems ................................................................................ ..................................23

Strategy 1.3.1 Updating current fisheries laws and regulatio ns ..................................23

Strategy 1.3.2 Stocking of Alien and Invasive Fish Spe cies .........................................24

Strategy 1.3.3 Trans-boundary Fisheries Management .......... ........................................24

Strategy 1.3.4 Import and Export of Fish and Fish Products ......... ...............................25

Strategy 1.3.5 Ecosystems Approach to Fisheries Managem ent...............................25

Strategy 1.3.6 Improving Management of W atershed Areas........................................25

Strategy 1.3.7Planning for Climate Cha nge ..........................................................................26

1.4 Information Management Systems............. ......................................................................26

1.5 Food Health and Fisheries Management ............................. .........................................26

1.6 Reduction in Illegal, Un reported& Unregulated Fishing.........................................27

1.7 Mitigation of HIV/AIDS .......................................... ..................................................................27

Pillar 2: Regulation of Sport or Re creational Fishing..................................................................27

2.1 Revision of Permit Fees ................................ .........................................................................28

2.2 Imposition of Bag limits or Catch Limits .........................................................................28

2.3 Improvement of Catch reporting ............... .........................................................................28

2.4 Creating Preferred Sport Fishing Areas.........................................................................29

2.5 Prohibition on sale of fish caught ..... .................................................................................29

2.6 Catch & Release in Sport Fisheries .................................................................................29 Pillar 3: Improvement of Control and Monitoring of the Subsistence Wild Capture

Fishing .................................................................................. ..............................................................................29

3.1 Permit Fees for Subsistence Fishers ............................................................. .................30

3.2 Imposition of Bag limits or Catch Limits for Subsistence Fis heries .................30

3.3 Development of Catch Reporting for Subsistence Fisheries...............................30 3.4 Limitations by Species for the Subsistence Fishery based on 2002/2003

Fish and Fisheries Survey...................................................................................................................31 Pillar 4: Encouragement of Subsistence Aquacultu re ................................................................31

4.1 Defining the role of the Fisheries Section .....................................................................32


4.2 Establishment of fish hatcheries to sup port subsistence aquaculture............32

4.3 Registration with the Fisheries Section ........................................................ ..................33

4.4 Improvement of the Reporting and Data Captu ring Requirements..................33

Pillar 5: Commercialisation of Small-Scale Aquaculture.... .......................................................34

5.1 Strengthening the Role of the Fisheries Section .......................................................34

5.2 Issuing of Permits......................................................................................................................35 5.3 Establishing Reporting and Data Capturing Requirements for Small-Scale

Commercial Aquaculture......................... .............................................................................................35

5.4 Support for private hatcheries.............................................. ...............................................36

Pillar 6: Development of Intensive Commercial Fish Farm ing ...............................................36

6.1 Strengthening the Role of the Fisheries Section .......................................................37 6.2 Developing a Permit and Regulation system for intensive commercial

aquaculture .................................................................................................................................................37


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DEFINITIONS & ACRONYMS Antibiotics means a substance or compound that

kills bacteria or inhibits its growth and includes antimicrobial compounds used to treat infections caused by microorganisms, including fungi and protozoa;

Aquaculture (or fish farming) means the farming of aquatic animals and plants, including fish and molluscs under controlled or selected aquatic environments (fresh or brackish waters) for subsistence, small-scale commercial, commercial, research or other public purposes. This includes farming of freshwater species such as trout, crocodiles, ornamental fish, catfish and tilapia;

Cartagena Protocol means the Cartagena Protocol on Biosafety to the Convention on Biological Diversity which is an international agreement and aims to ensure the safe handling, transport and use of living modified organisms resulting from modern biotechnology that may have adverse effects on biological diversity, taking also into account risks to human health. It was adopted on 29 January 2000 and entered into force on 11 September 2003;

Dam means a barrier constructed to hold back water and raise its level, the resulting reservoir being used as a water supply;

E means Emalangeni, the currency of Swaziland;

Fish means any fresh water aquatic plant or animal;

Fisheries Section means the Fisheries Section located in the Ministry;

HIV/AIDS means the Human Immune Virus

http://en.wikipedia.org/wiki/Chemical_substance

http://en.wikipedia.org/wiki/Chemical_compound

http://en.wikipedia.org/wiki/Bacteria

http://en.wikipedia.org/wiki/Antimicrobial

http://en.wikipedia.org/wiki/Microorganism

http://en.wikipedia.org/wiki/Fungus

http://en.wikipedia.org/wiki/Protozoa


which results in the Acquired Immuno-Deficiency Syndrome;

Ministry means the Ministry of Agriculture;

NEPAD means the New Economic Partnership for African Development;

NERCHA means the National Emergency Response Council on HIV/AIDS;

NGO’s mean non-governmental organisations;

OIE World Organisation for Animal Health

Pollution means the presence in water of harmful and objectionable material derived from whatever source including sewers, industrial wastes and rainwater runoff, which in sufficient concentrations, makes the water unfit for human consumption;

Pond means a relatively shallow and usually small body of still water with a low refreshment rate, most frequently artificially formed, but may also apply to a natural pool or small lake;

SADC means the Southern African Development Community;

Small-scale commercial fishing means the farming of fish in ponds that produces more than 400 kilograms of fish annually and the majority of the fish produced is sold, bartered or exchanged for commercial gain or for goods and services.

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of fisheries and aquaculture

CHAPTER 1

FISHERIES AND AQUACULTURE IN SWAZILAND

1. Introduction & Overarching Policy Objective

The Kingdom of Swaziland is a landlocked country surrounded by South Africa and the People’s Republic of Mozambique. Swaziland has a fairly extensive network of riverine ecosystems and a number of commercial dams that provide water predominantly for domestic household and agricultural purposes. Swaziland is divided into four ecological zones, namely the Highveld, Middleveld, Lowveld and the Lubombo Plateau. Three significant river basin systems are also located in Swaziland. These are the Nkomati, Mbuluzi and Usuthu river basins. Being a small, landlocked country, Swaziland has extremelylimited access to suitable water bodies to support the sustainable exploitation of fish. In 2005, the National Food Security Policy declared that “fisheries and aquaculture can play an important role in food security through production of food of a high nutritional value.” 1 The National Food Security Policy acknowledged that the contribution of fisheries and aquaculture to food security in Swaziland is very minor and identified a number of issues restricting the growth of fisheries and aquaculture in Swaziland. These issues included the following2 – • Inadequate promotion of fisheries and aquaculture; • Lack of a policy on fisheries and aquaculture and outdated status of the

Protection of Fresh Water Fish Act of 1937; • Lack of protection of rivers and river catchments from degradation and

pollution; • Lack of information on fish supply and demand; • Limited integration of agriculture/aquaculture production systems; • Lack of identification of indigenous fish species suitable for aquaculture

and fingerling supply; • Lack of an appropriate investment climate for commercial fisheries and

aquaculture, including value-adding technologies and marketing • Research and development

The National Food Security Policy adopted a policy statement on fisheries and aquaculture committing the Kingdom of Swaziland to stimulate the development

to improve food security. 1 al Food Security Policy, 2005, p.23. The Nation2 Ibid, p.23.


The overarching objective of this policy is to maximise the value and opportunities that Swaziland can sustainably and responsibly derive from its limited access to fresh water fish so as to decrease the levels of food insecurity and poverty and to support the growth of small-scale commercial and commercial fish farming in Swaziland. This Policy intends giving effect to the policy statement adopted under the National Food Security Policy of 2005 and to address the issues identified as stifling the growth and development of fisheries and aquaculture in Swaziland. This Policy has been compiled subsequent to an extensive intra-government consultation process, which culminated in a stakeholder validation workshop held in Ezulwini on 7 April 2011. The Minister of Agriculture hereby publishes this draft policy on the Management and Growth of Fresh Water Fisheries and Aquaculture Sectors for formal notice and comment for a period of XX days. Comment from stakeholders in the fisheries and aquaculture sectors and the general public may be submitted as follows by no later than XX MONTH 2011: Post: ______________________________________ Email: _____________________________________ Hand delivery to: __________________________________ Fax: ________________________________ C

omments received after XX MONTH 2011, may not be considered.

2. Fishing in Swaziland

Due to the geographic extent of Swaziland and the consequent limited access to fresh water bodies such as dams and rivers, fishing and fish consumption in Swaziland has never had an important national socio-economic purpose. The most recent global fish production data for Swaziland shows that a total of approximately 70 tons of fish was captured and farmed. Wild capture fishing is limited to recreational or sport fishing and subsistence fishing by Swazis seeking to supplement their daily dietary requirements. Aquaculture or fish farming has been limited to small-scale subsistence farming in rural farm ponds stocked with tilapia (mostly Oreochromis mossambicus) fingerlings provided at no cost by the Ministry of Agriculture (the Ministry). As is the case globally, the importance of consuming fish because of its high omega 3 and omega 6 fatty acids is increasingly gaining recognition in Swaziland. Fish consumption supports good human health, particularly in Swaziland with its high HIV/AIDS prevalence, where improved nutrition is a vital component of improving the lives of people living with HIV/AIDS. The increased consumption of fish in Swaziland has resulted in the increase in fish imports, particularly from South Africa.

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It is recognised that a number of sport fishers and subsistence rural fishers fish illegally. Many sport fishers do not obtain the requisite sport fishing permit while a number of subsistence fishers continue to illegally fish using nets, which is forbidden in waterbodies where lines are the only gear permitted.

2.1 Sport Fishing

Sport fishing in Swaziland particularly for non-indigenous fishes such as trout (Salmo trutta, the brown trout and Oncorhrynchus mykiss the rainbow trout) and bass (Micropterus salmoides, the largemouth bass) continues to grow, particularly in the dams of Swaziland. The 1937 Fresh Water Fish Regulations essentially only regulates the permitted harvesting of black bass. The Regulations further require a permit to harvest any other fish but do not stipulate any additional regulations regarding any quantum or gear restrictions. Permits are presently issued free of any charges. Most sport fishers in Swaziland are affiliated to established fishing clubs and bodies that regulate, control and enforce responsible fishing practices by the their members. Sport fishers essentially implement a practice of “catch and release” and therefore do not harvest any fish they catch both during and outside of competitions.

2.2 Wild Capture Fishing

The wild harvesting of fish supports many rural Swazi households where these households are located in the vicinity of a river, dam or other water body. Fish harvested by rural households are consumed, bartered for other goods and even sold. It is a classical small-scale artisanal fishery. It is not known how much fish is wild harvested for artisanal purposes. As with sport fishing, wild capture fishing requires a free permit and fish may be consumed, sold, bartered or exchanged whether dead or alive. It has long been accepted that due to the limited extent of fresh water bodies in Swaziland, a commercial wild capture fishery is neither commercially nor ecologically sustainable. Of concern with the subsistence fishing is the continued practice of using nets to harvest fish. Nets of up to 400m in length have been found. These nets have the potential of causing substantial damage to fish stocks. It is understood that these nets are given to Swazi subsistence fishers by organisations who may believe that they are assisting with poverty relief but net-fishing is illegal under Swazi law and it will ultimately gravely threaten the sustainability of wild capture subsistence fishing as the use of nets could decimate fish biomass in dams and rivers.

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Swaziland’s rivers, dams and ponds support some 60 different fish species. The map 3 below indicates the distribution of fish species in Swaziland, confirming the relatively low levels of species biodiversity.

Figure 1 Fish Distribution in Swaziland

2.3 Aquaculture

In accordance with the sentiments provided for under the 2005 Abuja Declaration on Sustainable Fisheries and Aquaculture in Africa (the Abuja Declaration) and the 2001 SADC Protocol on Fisheries (the SADC Protocol), Swaziland is committed to sustainably growing its fresh water aquaculture sector in a bid to increase domestic food security and to attract investments in intensive commercial fish farming.

At present, the Kingdom of Swaziland has invested substantially in supporting subsistence and small-scale commercial agrarian farmers to expand into pond-based tilapia fish farming. The Ministry has provided these farmers with 250 tilapia fingerlings and technical extension support services aimed at assisting the farmers to rear the fingerlings.

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3 This map was extracted from the Fish and Fisheries Survey of Swaziland (20022003), prepared for the Kingdom of

Swaziland by the South African Institute for Aquatic Biodiversity (SAIAB).


It is estimated that there are currently some 1000 fish farm ponds in Swaziland with many being managed by women. It is further estimated that with an initial stocking of 250 fingerlings, each pond has the capacity to produce no more than 400 kilograms of tilapia annually. Tilapia sell domestically for approximately E15 / kilogram. Each farmer is therefore theoretically able to make approximately E6,000 annually. The Ministry is of the opinion that a number of these current subsistence fish farmers have the potential to expand their operations thus increasing production and income and establishing themselves as small-scale commercial aquaculture farmers. However, it is recognized that by expanding the current subsistence based fish farming pond initiatives, the emerging small-scale commercial farmers will require significantly more technical support and perhaps access to micro finance mechanisms to fund investments to build larger or additional ponds, purchase pumps to ensure proper water circulation, source appropriate feed for the larger numbers of fish and manage possible fish-related viruses, diseases and parasites. The map below shows the distribution of aquaculture ponds in Swaziland subsequent to the 2002-2003 Fish and Fisheries Survey.

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The relatively recent construction of dams on many of Swaziland’s rivers has presented an opportunity to promote Swaziland as an investment destination for intensive commercial fish farming which could include cage-based fish farming in a number of dams. There are presently no intensive commercial fish-farming operations in Swaziland but the Ministry is of the opinion that a number of commercial operations could be sustainably accommodated in dams such as –

• Driekoppies Dam on the Lomati River; • Maguga Dam on the Komati River; • Hawane Dam on the Mbuluzi River; • Mnjoli Dam on the Mbuluzi River; and • Luphohlo Dam on the Lusushwana River.

3. Objectives of Policy

The National Food Security Policy stipulates that the overarching purpose of developing fisheries and aquaculture in Swaziland is to improve food security. The objectives of this policy are therefore to give effect to this overarching purpose by –

(a) Promoting fisheries and aquaculture by developing a fisheries policy in line with national, regional and international instruments and revising the 1937 Swaziland Protection of Fresh Water Fish Act accordingly;

(b) Reversing and preventing river catchment degradation and

pollution in order to conserve rivers as breeding habitats for endemic fish stocks, thus supporting sustainable sport fishing and subsistence-based wild capture fishing by Swazi fishers;

(c) Identifying suitable fish species for subsistence, small-scale

commercial and intensive commercial fish farming. The farming of alien invasive fish species will not be permitted under any circumstances. However, the farming of higher value alien species such as trout, catfish and others will be supported provided necessary measures are put in place to protect endemic and indigenous ecosystems;

(d) Promoting integrated fish and agrarian farming into current

subsistence and small-scale commercial farming programmes. By encouraging subsistence and small-scale commercial farmers to undertake integrated fish and agrarian farming ventures not only allows farmers to increase their levels of food security and income sources but also reduces dependence on government and donors. Importantly for Swaziland, regular access to fish proteins is an important source of nutrition to curb the impacts of HIV and AIDS;

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(e) Operationalising the national fish hatchery to produce fish fingerlings to support the expansion of subsistence and small-scale commercial fish farming projects. The Ministry has an obligation to pro-actively support the expansion of subsistence and small-scale fish farming ventures in Swaziland and will do so primarily by providing access to subsidized fish fingerlings, technological support and advice and professional extension support services; and

(f) Creating an appropriate regulatory climate to attract investments

into intensive commercial fish farming including value-adding technologies and marketing. This will importantly involve a review and updating of Swaziland’s fish and fish farming regulatory and institutional systems.

CHAPTER 2

OVERVIEW OF THE REGULATORY AND INSTITUTIONAL FRAMEWORKS GOVERNING

FISHERIES

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. Ministry of Agriculture: Fisheries Section

The administration and management of Swaziland’s fresh water fisheries and aquaculture vests in the Ministry of Agriculture, and particularly the Fisheries Section located within the Ministry. The Fisheries Section reports annually to the Fisheries Sub-Committee of the Ministry, which reviews policy and the strategies of the Fisheries Section and then determines the annual budget allocations for the Fisheries Section. The Fisheries Section was established in the early 1970’s in response to the findings of a national survey on nutrition. The survey suggested that poor Swazis had limited access to protein as a food source. The Kingdom of Swaziland responded by introducing subsistence-based fish farming ponds in a bid to provide the rural poor, in particular, with a relatively cheap and sustainable source of protein – farmed fish. In addition, the Ministry’s Home Economics Section invested in a public campaign promoting fish consumption. The Fisheries Section presently comprises of the Fisheries Management Unit and the Aquaculture Unit. The Fisheries Management Unit is responsible for administering and managing the sustainable exploitation of fisheries and fish species in national rivers and dams. The Aquaculture Unit is responsible for promoting sustainable fish farming.

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4.1 Mission Statement The mission statement of the Fisheries Section is – The promotion of the sustainable utilization of fish resources while protecting aquatic resources for the benefit of the people of Swaziland.

4.2 Mandate The mandate of the Fisheries Section is to –

Facilitate the sustainable and efficient development and management of the fisheries and aquaculture sectors

4.3 Goal

The goal of the Fisheries Section is to – Ensure sustainable and regulated access to fish resources in order to achieve an equitable balance between socio-economic needs and ecosystem health.

4.4 Objectives The objectives of the Fisheries Section are to –

• Promote an efficient, effective and sustainable fish farming sector;

• Promote and support the development of small-scale commercial and intensive commercial fish farming;

• Encourage Swazis to increase fish consumption by promoting the benefits of fish dishes, including improved nutrition particularly for people living with HIV/AIDS;

• Support and encourage women to establish fish farms; • Operationalise the national fish hatchery to support the growth

of subsistence-based and small scale commercial fish farms; • Undertake regular national fish surveys to establish the health

of Swaziland’s fish stocks; • Regulate the sustainable exploitation of aquatic resources and

conserve aquatic biodiversity.

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5. Swaziland’s Fisheries & Aquaculture Laws Swaziland’s fisheries and aquaculture laws date back to 1937 and comprise two brief sets of laws. Both laws require urgent review and revision to bring them into line with Swaziland’s domestic, regional and international commitments.

5.1 The Protection of Fresh Water Fish Act, 1937

The Act makes provision for the Minister of Agriculture to fairly comprehensively regulate fishing by declaring closed seasons, prohibiting fishing and making regulations. The Minister is granted authority to make important regulations for the management of fisheries and fish farming. In particular, the Minister is authorised to –

• Issue fishing permits, including conditions under which fishing may be conducted and the fees applicable to these permits;

• Set size limits for fish and regulate the use of fishing gear; • Regulate fish farming and the protection of fish spawn and

fish food; • Regulate the stocking of national waters; • Regulate the fishing of alien fish species introduced into

Swaziland’s waters; • Regulate the importation of live fish into Swaziland.

Important to the development of an intensive commercial fish-farming sector, which could include the use of cages, the Act presently prohibits the placing of any obstruction in any waters with the intention of preventing the free passage of fish. This provision will be amended to make specific provision allowing the regulated placement of cages in water bodies to farm fish.

5.2 The Fresh Water Fish Regulations, 1937 The Fresh Water Fish Regulations focus almost exclusively on regulating the fishing for black bass. These Regulations are the sole set of regulations promulgated under the 1937 Act. Regulation 7 stipulates that permits are required for –

• Introducing any fish in any waters. This applies directly to fish farming;

• The importation of live fish into Swaziland. Again, this would apply to fish farming and particularly a large scale

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fish farming venture where fingerlings could be imported from South Africa;

• Selling, purchasing, bartering or exchanging any fish, whether dead or alive.

6. Regional and International Fisheries & Aquaculture Instruments

Although the vast majority of regional and international instruments focus extensively on marine fisheries and aquaculture management, this Policy is informed and guided by Swaziland’s international commitments under the SADC Fisheries Protocol of 2001, the Abuja Declaration of 2005 and FAO Code on Responsible Fisheries of 1995, as well as related plans and codes.

6.1 SADC Protocol on Fisheries Swaziland is a signatory to the Southern African Development Community (SADC) Protocol on Fisheries (2001). The Protocol adopted the following as its founding principles, which seek to promote the responsible and sustainable use of living aquatic resources and ecosystems:

• The promotion and enhancement of food security and human health;

• The safeguarding of livelihoods of fishing communities; • Generating economic opportunities for nationals in the

SADC region; • Ensuring that future generations benefit from these

renewable resources; • Alleviating poverty with the ultimate objective of its

eradication.

The Protocol also specifically addresses the role of artisanal, subsistence and small-scale commercial fisheries and the role of aquaculture. Article 12 obliges State Parties to seek a rational and equitable balance between social and economic objectives in the exploitation of living aquatic resources accessible to artisanal and subsistence fishers. Article 12 continues by providing an extensive set of obligations State Parties, such as Swaziland, are obliged to implement:

• State Parties must develop and nurture small-scale commercial fisheries taking particular account of the need to optimise the economic and social benefits of such fisheries;

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• State Parties must take measures to facilitate the provision of physical and social infrastructure and support services for the development of artisanal, subsistence and small-scale commercial fisheries;

• As part of an integrated economic strategy, State Parties must also promote the development of structured programmes related to optimising the potential economic benefits arising from artisanal, subsistence and small-scale commercial fisheries.;

• State Parties must work towards the development, acquisition and dissemination of tested means and methods of promoting education, empowerment and upliftment of artisanal and subsistence fisheries communities;

• State Parties must facilitate broad based and equitable participatory processes to involve artisanal and subsistence fishers in the control and management of their fishing and related activities;

• State Parties are encouraged to work towards harmonising their national legislation on appropriate traditional resource management systems, taking due account of indigenous knowledge and practices.

Article 13 addresses the importance of aquaculture in giving effect to the founding principles of the Protocol. Article 13 obliges State Parties –

• To take the necessary steps to optimise the economic contribution of aquaculture to the SADC region;

• To review policies, legislation, plans and institutions to address the characteristics and needs of aquaculture in recognition of the fact that aquaculture is a distinct enterprise;

• To promote on-site research, demonstrations and increased practitioner-to-practitioner extension as ways to increase economic and social benefits from aquaculture;

• To promote private sector participation in aquaculture through access arrangements to designated areas and provide or facilitate the necessary support services and access to finance;

• To co-operate in the promotion of inland fishery stock enhancement;

• To undertake research and technological development, particularly in identifying new sources of locally available raw materials for fish feed;

• To not introduce exotic species or genetically modified species to shared aquatic eco-systems including the full extent of the river basin unless the affected State Parties agree to the introduction;

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• To establish standard guidelines and regulations for the application of environmental impact assessments;

• To monitor and exchange information on diseases and the spread of diseases of relevance to cultured aquatic species.

6.2 Abuja Declaration on Sustainable Fisheries and Aquaculture in Africa

The Abuja Declaration was adopted in August 2005 by the African Heads of State attending the NEPAD “Fish for All” Summit in Abuja, Nigeria. The Declaration calls on African states to promote sustainable and regulated use of domestic fisheries and to grow aquaculture in a bid to reduce poverty and food insecurity. The Heads of States agreed as follows and to:

I. Support regional cooperation in fisheries and aquaculture

through NEPAD, Regional Economic Bodies and Regional Fisheries Management Organizations, including in the management of trans-boundary and shared aquatic resources and ecosystems;

II. Support national actions to accede to, to ratify, and to

implement international conventions for the sustainable use and protection of the living aquatic resources and the aquatic environment of the region;

III. Implement the provisions of the FAO Code of Conduct for

Responsible Fisheries, in particular through improved governance of fisheries; ensuring the environmental sustainability of fisheries; examining means to progressively replace “open access” to fisheries resources with “limited access regimes” and introduction of rights-based fisheries; taking steps to control fleet and fishing capacity; and ensuring an equitable balance of resource allocation between small-scale and industrial fishers;

IV. Empower fishing and fish farming communities, civil society

and stakeholder organizations to effectively participate in policy-making, planning and implementation processes, with particular reference to the equitable allocation of resources, and the rights of the poor and disadvantaged;

V. Ensure that fisheries and aquaculture is adequately reflected

in the national and regional economic policies, strategies, plans and investment portfolios, including poverty reduction and food security strategies;

VI. Foster the development of an appropriate investment climate

for fisheries and aquaculture, including legal and institutional

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reform and enforcement where required, improved incentives and access to capital for private investors, and strategic public sector investments;

VII. Direct particular attention to harnessing the potential and

entrepreneurship of small-scale fishers, fish farmers, fish traders and service providers and their associations, including women entrepreneurs who have been leading the development of fish processing and trade in much of the continent;

VIII. Foster small, medium and large-scale aquaculture production

in a sustainable and environment-friendly manner compatible with the rational use of land and water resources and evolving market opportunities;

IX. Build human and institutional capacity at national and

regional level with particular emphasis on training institutions, transferring appropriate technologies and knowledge to small producers and ensuring a rational and scientific basis for management decisions and design of programs;

X. Conserve and rehabilitate aquatic environments and habitats

essential to living aquatic resources and aquatic biodiversity; and take measures to prevent or mitigate adverse impacts of aquaculture on the aquatic and coastal environment and communities;

XI. Promote trade in artisanal and industrial fish products to

respond to regional and global market opportunities for African fish products, including by removal of intra-regional trade barriers, developing common approaches and positions on international trade in fish and fishery products, and on harmonizing standards on products traded in the region;

XII. Pursue these objectives through NEPAD and Regional

Economic Communities, in collaboration with international partners in science and development;

XIII. Contribute to the creation of an enabling environment for

sustainable fisheries and aquaculture development by facilitating the adaptation of existing regional, national, and local institutions and regulations to the changing requirements of the sector and its challenges and opportunities;

XIV. Call upon the international community to provide the financial

and technical support required to implement sustainable African fisheries and aquaculture through aligned and

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harmonized partnership arrangements and in pursuance of NEPAD’s vision and principles for action;

6.3 The FAO Code on Responsible Fisheries

The 1995 Code provides an extensive list of general principles aimed at guiding and informaing responsible and sustainable fisheries management. These general principles are as follows: • States and users of living aquatic resources should conserve

aquatic ecosystems.The right to fish carries with it the obligation to do so in a responsible manner so as to ensure effective conservation and management of the living aquatic resources.

• Fisheries management should promote the maintenance of the quality, diversity and availability of fishery resources in sufficient quantities for present and future generations in the context of food security, poverty alleviation and sustainable development. Management measures should not only ensure the conservation of target species but also of species belonging to the same ecosystem or associated with or dependent upon the target species.

• States should prevent over fishing and excess fishing capacity and should implement management measures to ensure that fishing effort is commensurate with the productive capacity of the fishery resources and their sustainable utilization. States should take measures to rehabilitate populations as far as possible and when appropriate.

• Conservation and management decisions for fisheries should be based on the best scientific evidence available, also taking into account traditional knowledge of the resources and their habitat, as well as relevant environmental, economic and social factors. States should assign priority to undertake research and data collection in order to improve scientific and technical knowledge of fisheries including their interaction with the ecosystem. In recognizing the transboundary nature of many aquatic ecosystems, States should encourage bilateral and multilateral cooperation in research, as appropriate.

• States and subregional and regional fisheries management organizations should apply a precautionary approach widely to conservation, management and exploitation of living aquatic resources in order to protect them and preserve the aquatic environment, taking account of the best scientific evidence available. The absence of adequate scientific information should not be used as a reason for postponing or failing to take measures to conserve target species, associated or dependent species and non-target species and their environment.

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• Selective and environmentally safe fishing gear and practices should be further developed and applied, to the extent practicable, in order to maintain biodiversity and to conserve the population structure and aquatic ecosystems and protect fish quality. Where proper selective and environmentally safe fishing gear and practices exist, they should be recognized and accorded a priority in establishing conservation arid management measures for fisheries. States and users of aquatic ecosystems should minimize waste, catch of non-target species, both fish and nonfish species, and impacts on associated or dependent species.

• The harvesting, handling, processing and distribution of fish and fishery products should be carried out in a manner which will maintain the nutritional value, quality and safety of the products, reduce waste and minimize negative impacts on the environment.

• All critical fisheries habitats in marine and fresh water ecosystems, such as wetlands, mangroves, reefs, lagoons, nursery and spawning areas, should be protected and rehabilitated as far as possible and where necessary, particular effort should be made to protect such habitats from destruction, degradation, pollution and other significant impacts resulting from human activities that threaten the health and viability of the fishery resources.

• States should ensure that their fisheries interests, including the need for conservation of the resources, are taken into account in the multiple uses of the coastal zone and are integrated into coastal area management, planning and development.

• Within their respective competences and in accordance with international law, including within the framework of subregional or regional fisheries conservation and management organizations or arrangements, States should ensure compliance with and enforcement of conservation and management measures and establish effective mechanisms, as appropriate, to monitor and control the activities of fishing vessels and fishing support vessels.

• States should, to the extent permitted by national laws and regulations, ensure that decision making processes are transparent and achieve timely solutions to urgent matters. States, in accordance with appropriate procedures, should facilitate consultation and the effective participation of industry, fishworkers, environmental and other interested organizations in decision–making with respect to the development of laws and policies related to fisheries management, development, international lending and aid.

• International trade in fish and fishery products should be conducted in accordance with the principles, rights and obligations established in the World Trade Organization (WTO) Agreement and other relevant international agreements. States should ensure that their policies, programmes and practices

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related to trade in fish and fishery products do not result in obstacles to this trade, environmental degradation or negative social, including nutritional, impacts.

• States should cooperate in order to prevent disputes. All disputes relating to fishing activities and practices should be resolved in a timely, peaceful and cooperative manner, in accordance with applicable international agreements or as may otherwise be agreed between the parties. Pending settlement of a dispute, the States concerned should make every effort to enter into provisional arrangements of a practical nature which should be without prejudice to the final outcome of any dispute settlement procedure.

• States, recognising the paramount importance to fishers and fishfarmers of understanding the conservation and management of the fishery resources on which they depend, should promote awareness of responsible fisheries through education and training. They should ensure that fishers and fishfarmers are involved in the policy formulation and implementation process, also with a view to facilitating the implementation of the Code.

• States should ensure that fishing facilities and equipment as well as all fisheries activities allow for safe, healthy and fair working and living conditions and meet internationally agreed standards adopted by relevant international organizations.

• Recognizing the important contributions of artisanal and small-scale fisheries to employment, income and food security, States should appropriately protect the rights of fishers and fishworkers, particularly those engaged in subsistence, small-scale and artisanal fisheries, to a secure and just livelihood, as well as preferential access, where appropriate, to traditional fishing grounds and resources in the waters under their national jurisdiction.

• States should consider aquaculture, including culture-based fisheries, as a means to promote diversification of income and diet. In so doing, States should ensure that resources are used responsibly and adverse impacts on the environment and on local communities are minimized.

In the many decades that have passed since the promulgation of Swaziland’s fisheries laws, regional, continental and international developments in the regulation and management of inland fresh water fisheries and aquaculture have overtaken our domestic laws. Accordingly, Swaziland’s fisheries laws will require a comprehensive review and update to ensure that Swaziland’s domestic fisheries and aquaculture laws complement its regional and international obligations.

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7. Related Government Ministries, Departments and Institutions

The growth and successful management of fisheries and aquaculture in Swaziland is dependent on a seamless and integrated relationship between a number of government ministries and departments, and other institutions.

7.1 The Ministry of Natural Resources: Department of Water Affairs

The Department of Water Affairs is responsible for the management and regulation of access and use rights to Swaziland’s water resources whether these are found in rivers, dams and other water bodies located on public land. Management and regulation is undertaken in terms of the Swaziland Water Act of 2003. A permit applied for and issued in terms of the Water Act is required to use or extract water. The Department of Water Affairs has provided its in principle support for the establishment of cage-based fish farming ventures in dams under its authority and has given its support to the expansion of subsistence and small scale commercial pond-based fish farming which will require the extraction of water from adjacent rivers and public water bodies.

7.2 The Environment Authority (a Government parastatal)

The Environment Authority is charged with implementing Swaziland’s Environment Management Act and related regulations, including the Environmental Impact Assessment Regulations of 2000 and the Waste Regulations of 2000.

The development of commercial fish farming ventures will require adherence to the EIA Regulations of 2000.

7.3 The Ministry of Commerce and the Ministry of Finance The Ministry of Commerce’s Department of Licences is responsible for licensing all business undertakings in Swaziland. In terms of the 1975 Trade Licence Order, a trade licence is required for any person to undertake a commercial trade or business. The trade licence is valid for one calendar year and must be renewed annually. The import and export of agricultural products requires permits, which are issued by an import and export committee located in the Ministry of Finance. These permits are valid for 12 months and are not consignment specific.

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The importation of fish from within the Southern African Customs Union (SACU) does not require an import permit. In order to comply with regional and international trends and obligations pertaining to the trade in fish and fish products, the Ministry will develop a legal framework to regulate the import, export and re-export of fish and fish products on a consignment specific basis. This is necessary not only to document and record the trade in legally harvested and produced fish and fish products but to also halt the illegal trade in fish and fish products such as the illegal trade in South African abalone (Haliotis midae) via Swaziland.

7.4 Co-operation with Tertiary Research Institutions

The Ministry considers formal cooperation with domestic and foreign research institutions in the fields of aquatic living resources and fish farming to be crucial to the development of Swaziland’s fisheries and aquaculture sectors. The Ministry will accordingly seek to conclude formal memoranda of agreement with appropriate tertiary research institutions. Areas of research priority for the Ministry presently include understanding the benefits of fish consumption and nutrition in the Swazi context.

7.5 Access to Micro-Financing

Access to micro-finance through legitimate and regulated micro-financing institutions is critical for the establishment of small-scale commercial fish farming ventures. Although the Ministry may not have the financial resources to assist with providing access to loans and finance, the Ministry will, where practically and reasonably possible, to assist prospective small-scale fish farmers to complete and make application for micro-finance. In particular, the Ministry will undertake a commercial and marketing case study of a potential small-scale integrated agriculture and aquaculture operation in a bid to assist prospective small-scale fish farmers and providers of finance better understand and appreciate the financial and marketing risks and opportunities and the legal environment regulating the sector.

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CHAPTER 3

THE POLICY FRAMEWORK

8. Scope of Policy

This Policy applies to the regulation and management of fresh water fishing and fish farming or aquaculture in any water body in Swaziland. This Policy encompasses three policy themes. These are:-–

• Sport or recreational fishing; • Subsistence wild capture fishing; • Fish farming, including subsistence, small scale and

intensive commercial fish farming operations. This Policy is underpinned by a number of key implementation pillars which are set out below:

• Pillar1: Institutional Improvement • Pillar2: Regulation of Sport Fishing • Pillar 3: Improvement of Control and Monitoring of

Subsistence Wild Capture Fishing • Pillar 4: Encouragement of Subsistence Aquaculture • Pillar 5: Commercialisation of Small-Scale Aquaculture • Pillar6: Development of Intensive Commercial Aquaculture

Pillar 1: Institutional Improvement

1.1 Restructuring the Fisheries Section& Development of Human Resources and Skills

(a) Restructuring the Fisheries Section

In order to give effect to the intentions and objectives set out in the Policy it will be necessary to restructure the Fisheries section, in line with the plans of the section. This will provide for promotion on merit, filling of vacant posts, and attract highly skilled and professional staff.

Recognising that the Fisheries Section must ensure the long-term sustainable management of fisheries and aquaculture in Swaziland in order to promote national food and nutrition security, the Ministry is committed to reorganising the present structure of

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the Fisheries Section and gradually increasing its operational budget to complement the institutional objectives set out in this Policy.

The organogram below indicates what a proposed restructured Fisheries Section could look like. It is however recognised that the proposed organogram may require further changes to ensure that it complements the objectives set out under this Policy. In particular, to increase the effectiveness of efficiencies of the Fisheries Section, the organogram may have to provide for a greater number of technical officers to better support subsistence and small-scale commercial aquaculture and a larger number of fisheries inspectors to better monitor and enforce compliance with Swaziland’s fisheries laws, such as the prohibition of netting.

(b) Development of Human Resources & Skills

The objective is to support the training and capacity development of staff in the Fisheries Section so as to empower staff enabling them to deliver on the objectives set out in this Policy.

The small staff size of the Fisheries Section is already stretched in providing suitable levels of assistance to the fishers and fish farmers of Swaziland. The Fisheries Section will seek to develop the skills of staff through in-service training and taking advantage of any training opportunities that are offered, either internally or overseas. Further, the Fisheries Section will fill all vacancies as soon as is reasonably practical. In addition, the Fisheries Section will seek to develop guidelines and manuals for fisheries and fish farming which will be aimed at empowering staff and community at large.

(c) Key staff training areas

The Ministry has identified the following areas as critical skills

areas requiring urgent staff training and support:

• Fish veterinary training; and

• Fisheries management.

The Ministry will seek the support of Government, funding

partners and NGO’s in this regard.

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1.2 Prioritising fisheries so as to overcome funding constraints

Despite the significant potential of fisheries and aquaculture to providing greater access to low cost protein and food security, the Fisheries Section has received insufficient attention and funding and has therefore been unable to attract adequate human and technical resources. This has frustrated the achievement of the objectives set out in Clause 2.4 of the National Food Security Policy. The Policy emphasises the need to prioritise the Fisheries Section so as to obtain increased funding. In addition to Government support, the Ministry will seek to partner with NGO’s and funding agencies in this regard. In particular, the Ministry will seek to collaborate closely with the National Emergency Response Council on HIV/AIDS (NERCHA) and the agencies it supports because increased access to fish proteins results in better access to nutrition which is key to improved and productive lifestyles for people living with HIV/AIDS.

1.3 Development of regulatory frameworks, fishery management institutions and management systems

The carrying on of fishing and aquaculture must occur in accordance with the laws and policies of other government departments, water management authorities or institutions. In particular, the management of fisheries and aquaculture will seek to comply with and complement policies on promoting gender equity and human health and well-being in terms of national HIV/AIDS policies. In order to give effect to the policy objectives set out in this Policy, the Ministry has identified the following strategies:

Strategy 1.3.1 Updating current fisheries laws and regulations Both the Protection of Fresh Water Fish Act of 1937 and the 1937 Fisheries Fresh Water Regulations require review and revision. This review and revision is particularly necessary in order to properly regulate and monitor the wild capture fisheries and the aquaculture sector. In addition, should the commercial aquaculture sector develop to the point where fish produced could be exported to international markets, the necessary traceability and food health and safety obligations will have to be met. Furthermore with the growth of intensive commercial aquaculture more emphasis will need to be placed on fish health and disease reporting (in accordance with the OIE guidelines to avoid the transfer of agents pathogenic for animals or humans.

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Further, and in accordance with the SADC Fisheries Protocol, the Ministry is committed to the implementation community-based management, which involves the participation of communities in decision-making processes pertaining to fisheries and aquaculture management.

Strategy 1.3.2 Stocking of Alien and Invasive Fish Species The introduction of alien and invasive fish species into Swaziland’s rivers and dams is an historical problem that has compounded over the years, particularly as invasive fish species destroy and threaten indigenous ecosystems and other vulnerable fish species. As a signatory of the Convention for Biological Diversity (CBD), Swaziland is obliged to conserve and recover its biodiversity, including its aquatic biodiversity. Swaziland’s National Biodiversity Strategy Action Plan (NBSAP) commits the country to implementing and addressing the following themes: • alien invasive species; • fragmentation of ecosystems; • biodiversity conservation options for communal

management; • natural resource accounting; • legislative development; • in situ conservation of genetic resources and capacity

building. With regard to the theme of alien invasive fish species, the Ministry has committed itself under the Swaziland NBSAP to incorporating control measures for alien invasive fish species into the management plan of each protected area and to conducting a national assessment of, and development of cost effective control techniques for, alien invasive fish species.

Strategy 1.3.3 Trans-boundary Fisheries Management

In accordance with the Abuja Declaration, which declared that, inter alia, State Parties must support regional cooperation in fisheries and aquaculture by managing of trans-boundary and shared aquatic resources and ecosystems. In order to give effect to this, the Ministry will endeavour to establish a trans-boundary fisheries commission to include representatives from South Africa and Mozambique.

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Strategy 1.3.4 Import and Export of Fish and Fish Products

The import and export of fish is poorly regulated with no measures regulating the quarantining imports. There are also no regulations managing the export of fish and fish products to ensure adherence to international food safety standards. The lack of these regulatory measures will prevent the growth of Swaziland’s commercial aquaculture trade. The Ministry will therefore collaborate with appropriate government departments and institutions to ensure the adoption of appropriate fish food safety standards concurrent with any encouragement of investment.

Strategy 1.3.5 Ecosystems Approach to Fisheries Management

The Ministry is committed to the implementation of the ecosystem approach to fisheries (EAF) management. The implementation of EAF obliges the Fisheries Section to consider holistically the impacts of a decision on the whole ecosystem in question based on the best available scientific evidence and practice at the time. It is however important to note that EAF does not mean that decision-making should be delayed or important socio-economic interventions denied simply because of the lack of best available scientific evidence. The implementation of EAF must be undertaken in a realistic and in a practical manner guided also by the precautionary principle.

Strategy 1.3.6 Improving Management of Watershed Areas

Swaziland’s water resources – and therefore its fish stocks – are under significant threat from various sources of pollution including the following – • Human migration and population growth; • Overgrazing of land; • Soil erosion and degradation; • Sedimentation from, inter alia, deforestation; • Water pollution from developmental activities.

The Ministry will work with the Ministry of Natural Resources: Department of Water Affairs, the Swaziland Environment Authority, the Department of Livestock and Veterinary Services and local communities to establish a Watershed Areas working group as soon as is reasonably practical in order to co-ordinate measures and interventions to better manage watershed areas.

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Strategy 1.3.7Planning for Climate Change

The Fisheries Section is committed to working closely with Swaziland’s Environment Authority, Swaziland Meteorological Services and Department of Water Services to better understand the impacts of climate change and the prospects of droughts and poorer rain fall seasons. Climate change has the potential of seriously impacting on the extent of Swaziland’s already limited rivers and water bodies. A reduction in these would significantly threaten fisheries and aquatic biodiversity.

1.4 Information Management Systems

To date, information and data on fisheries and aquaculture has been extremely limited. The Fisheries Section has not had the resources to regularly collect data from sectors such as the sport fishing, subsistence wild capture or the subsistence fish farming sectors. This Policy makes provision for the Fisheries Section to be provided with regular reporting templates from the various sectors. The information received via these reports will be used to monitor and evaluate the effectiveness of this Policy and to measure whether the objectives set out in this Policy are being met. In addition to receiving and collating information, the Fisheries Section shall take reasonably practical measures, to disseminate information on fisheries and aquaculture.

1.5 Food Health and Fisheries Management

All fish intended for human consumption must adhere to and comply with the provisions of the Food Safety Act and the standards set out in terms of that Act, which also covers processing facilities. With regard to fish feed, the feed must comply with any applicable feed assurance standards. The Ministry will review present standards and ensure that these standards prohibit the use of dangerous additives such as hormones. Fish food standards shall comply with the provisions of the Bio-Safety Law and the Cartagena Protocol. Support for fisheries investment in production or processing will require that appropriate food safety criteria are met.

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1.6 Reduction in Illegal, Unreported& Unregulated Fishing

Illegal, unreported and unregulated (IUU) fishing remains a significant concern and a threat to sustainable fisheries management in Swaziland. IUU fishing will continue to increase as long as the Fisheries Section remains underfunded and under-resourced.

Swaziland’s wild capture fisheries continue to be illegally fished using nets as opposed to lines. Due to the size of fish biomass in Swaziland’s water bodies, net fishing will decimate stocks. This policy advocates a combination of preventive education strategies and regular enforcement of laws to curb the use of nets and encourage the use of lines instead to harvest fish.

Due to the extremely limited resources available to the Fisheries Section, much of the Swaziland’s wild capture fishing occurs in an unregulated manner and without permits. In addition, the undertaking of fish farming does not require a permit. In order to address the concern of unregulated fishing and aquaculture, Swaziland’s fisheries laws and regulations require review and revision and alignment with Swaziland’s domestic and international obligations.

1.7 Mitigation of HIV/AIDS

This Policy calls for the implementation of national HIV/AIDS policies both within the workplace and within the wider fisheries communities. The Fisheries Section will ensure that HIV/AIDS is mainstreamed into all activities and there is compliance with policies and proactive initiatives taken towards the mitigation of HIV/AIDS as enshrined in HIV/AIDS policies in the country. One of the major steps forward is the provision of protein through subsistence aquaculture for people living with HIV/AIDS and those affected by HIV/AIDS, and this activity is a key component of the Fisheries Sections’ activities. The Ministry will actively engage NERCHA and NGO’s involved this sector in a bid to partner with them to provide greater access to integrated agriculture and aquaculture farming opportunities.

P

illar 2: Regulation of Sport or Recreational Fishing

Sport or recreational fishing refers to fishing for leisure or sport and where the fish harvested is not sold, bartered or exchanged for any commercial benefit.

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Sport fishing in Swaziland is an important part of the eco-tourism experience that Swaziland offers to domestic and foreign tourists. The Ministry supports the sustainable growth of sport fishing and in a manner where it does not directly threaten or prejudice access to water bodies for subsistence fishing needs. In order to sustain a thriving sport fishing sector, the Ministry will identify preferred sport fishing zones where sport fishing could be undertaken without directly prejudicing the rights of subsistence fishers.

The Ministry supports the regulated harvesting of alien, non-indigenous fish species by sports fishers. In accordance with the Protection of Fresh Water Fish Act of 1937, permits are required to harvest all non-indigenous fish. The Ministry will require all sports fishers to apply for sport fishing permits under section 7 of the Protection of Fresh Water Fish Act. Further, the Ministry will determine appropriate fees to be paid for sport fishing permits in order to recover the costs of administration, management and compliance associated with the sport or recreational fishing sector. Fees will be determined by regulation in accordance with section 4 of the Protection of Fresh Water Fish Act. The principal policy themes that will underpin the growth and development of a thriving sport fishing sector in Swaziland will be set out in regulations either under the current Protection of Fresh Water Fish Act of 1973 or subsequent legislation. These policy themes are as follows:

2.1 Revision of Permit Fees

The Ministry will determine reasonable annual permit fees for sport fishing permits. The fees will be determined in accordance with section 4 of the Protection of Fresh Water Fish Act of 1973 (or any subsequent law) and after consulting with members of the sport-fishing sector.

2.2 Imposition of Bag limits or Catch Limits

Bag limits or catch limits have only ever been determined for black bass under Swaziland’s fisheries laws. The Ministry intends setting bag limits and/or catch limits under section 4 of the Protection of Fresh Water Fish Act of 1973 (or any subsequent law) for species identified as being sustainable for sport fishing.

2.3 Improvement of Catch reporting

Critical to the sustainable management of the sport fishing sector is understanding the status of fish stocks that are targeted by the

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sector. In 2002/2003 the Ministry undertook a comprehensive fish species survey to understand the status of aquatic species in Swaziland’s water bodies. The costs associated with such a survey, coupled with its complexity and duration, do not allow for regular surveys.

The Ministry will accordingly attach conditions to the issue of annual sport fishing permits obliging permit holders to submit certain basic information on prescribed catch reporting forms.

2.4 Creating Preferred Sport Fishing Areas

In order to avoid potential conflict between sport fishers and subsistence fishers and to encourage sport fishers to harvest fish species identified as being particularly suitable for this sector, the Ministry will identify preferred sport fishing areas.

2.5 Prohibition on sale of fish caught

Sport fishers will be prohibited from selling, bartering or exchanging for commercial benefit the fish harvested under a sport-fishing permit.

2.6 Catch & Release in Sport Fisheries

The Ministry strongly supports the sport fishing sector policy of catch and release during all non-competitive and competitive sport-fishing events held in Swaziland.

Pillar 3: Improvement of Control and Monitoring of the Subsistence Wild Capture Fishing

Subsistence wild capture fishing is undertaken by Swazis who regularly catch fish for personal consumption or for the consumption of his or her dependents, including one who engages from time to time in the local sale or barter of excess catch, but does not include a person who engages on a substantial scale in the sale of fish on a commercial basis.

Subsistence wild capture fishing in Swaziland is recognized as being responsible for providing access to an important food source and source of protein. The Ministry will continue to support the sustainable management of subsistence fishing and will ensure that it is managed in a manner that will complement and co-exist with the sport fishing sector. In this regard, the Ministry will identify preferred species and fishing areas for subsistence fishing.

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The Ministry supports the regulated harvesting of fish species by subsistence fishers. In accordance with the Fisheries Regulations of 1937, permits are required to barter or sell all fish harvested. The Ministry will therefore require all subsistence fishers to apply for subsistence fishing permits under section 7 of the Protection of Fresh Water Fish Act and regulation 7 of the Fisheries Regulations and in subsequent laws and regulations or as may be stated otherwise. Further, although the Ministry is entitled to determine appropriate fees to be paid for subsistence fishing permits, the Ministry will zero-rate the fee for a subsistence fishing permit so as to ensure that access by Swazis to fish for subsistence purposes is not prejudiced. The principal policy themes that will underpin the management of the subsistence fishing sector in Swaziland will be set out in regulations either under the current Protection of Fresh Water Fish Act of 1973 or subsequent legislation. These policy themes are as follows:

3.1 Permit Fees for Subsistence Fishers

Permit fees for subsistence fishers shall be zero-rated.

3.2 Imposition of Bag limits or Catch Limits for Subsistence Fisheries

Bag limits or catch limits have only ever been determined for black bass under Swaziland’s fisheries laws. The Ministry will set bag limits and/or catch limits under section 4 of the Protection of Fresh Water Fish Act of 1973 (or any subsequent law) for species identified as being sustainable for subsistence fishing.

3.3 Development of Catch Reporting for Subsistence Fisheries

Critical to the sustainable management of the subsistence fishing sector is understanding the status of fish stocks that are targeted by the sector. In 2002/2003 the Ministry undertook a comprehensive fish species survey to understand the status of aquatic species in Swaziland’s water bodies. The costs associated with such a survey, coupled with its complexity and duration, do not allow for regular surveys.

The Ministry will accordingly attach conditions to the issue of annual subsistence fishing permits obliging permit holders to submit certain basic information on prescribed subsistence catch reporting forms.

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3.4 Limitations by Species for the Subsistence Fishery based on

2002/2003 Fish and Fisheries Survey

The subsistence fishing sector will be permitted to harvest specific species based on the levels of fishing intensity and to avoid potential conflict with sports fishers. The 2002/2003 fish and fisheries survey indicated that Swaziland has approximately 60 species of fish located in various water bodies across the country.

The Ministry will seek to regulate the types of species, gear and bag-limits and/or catch limits applicable to the subsistence fishing sector.

Pillar 4: Encouragement of Subsistence Aquaculture

Fresh water aquaculture or fish farming refers to the farming of aquatic animals and plants, including fish and molluscs under controlled or selected aquatic environments (fresh or brackish waters) for subsistence, small-scale commercial, commercial, research or other public purposes. This includes farming of freshwater species such as trout, crocodiles, ornamental fish, catfish and tilapia.

Fish farming or aquaculture in Swaziland is currently solely undertaken on a subsistence basis in ponds. Fish farming is also restricted to the farming of tilapia. Tilapia fingerlings are provided at no cost to emerging farmers by the Ministry. The Ministry also provides an array of extension services, including technical support and advice at no cost.

Subsistence fish farming cannot be viewed as the long-term economic and upliftment solution for Swaziland’s farmers. Subsistence fish farming in particular continues to create dependence on the state, which is not economically viable. The Ministry therefore considers it a policy priority to identify and support those subsistence pond farmers to expand their current fish farming operations into small-scale commercial operations.

The Ministry estimates that there are approximately 1000 subsistence pond-based fish farms currently in Swaziland. Subsistence pond-based fish farming refers to the farming of fish which sometimes also includes agrarian-based farming in ponds which produce no more than 400 kilograms of fish annually and where the majority of the fish produced is for household consumption, while excess production is sold, bartered or exchanged for goods and services.

Subsistence fish farming is principally concerned with the farming of fish for own consumption purposes. It specifically excludes fish farmers who produce fish primarily for commercial sale, albeit that some fish produced is consumed by the farmer.

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The promotion of subsistence fish farming is aimed specifically at rural farmers seeking to diversify their food sources, thus making them less rone to food insecurity and shortages and therefore less dependent on ood aid and government support. pf

Pictures: These pictures represent typical subsistence pond-based fish ventures. Both ventures are in their infancy. The pond on the right has only recently been dug while the pond on the left has recently been filled with water from a nearby stream and stocked with 250 tilapia fingerlings provided at no cost by the Ministry.

4.1 Defining the role of the Fisheries Section

The Fisheries Section is committed to providing a number of critical technical and support services to subsistence fish farmers. These services include the following:

• Provision of fingerlings at either no cost or at highly subsidized rates;

• Provision of technical advice during the start-up phase, including pond construction, pond management and other basic advice on fish farming;

• Provision of ongoing technical extension services for the duration of the fish farming operation;

• Administrative assistance and support where required with regard to completing the annual fish production and fish health report card.

4.2 Establishment of fish hatcheries to support subsistence aquaculture

The Ministry is in the process of making operational a state-owned fish hatchery that will initially focus on the production of tilapia and catfish fingerlings for the growth and support of the subsistence and small-scale commercial fishing farming sectors. A lack of or limited supply of fingerlings could restrict the expansion and growth of subsistence and small-scale commercial fish farming ventures. Fingerlings produced in the hatchery will be provided to subsistence fish farmers and at subsidized rates to small-scale commercial fish farmers.

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4.3 Registration with the Fisheries Section

In order to promote effective and efficient management of the subsistence fish farming sector, all future and current fish farming operations must register their operations with the Fisheries Section. The Fisheries Section will maintain a database of all authorized subsistence fish farming operations. In this way, the Fisheries Section will be able to deliver the services it is committed to providing under this Policy. The procedures for registering with the Fisheries Section will be set out in Regulations promulgated by the Ministry. Registration will be free.

4.4 Improvement of the Reporting and Data Capturing Requirements

An important aspect of regulating and registering subsistence fish farms is to ensure proper monitoring and evaluation of the fish-farm holdings and to ensure that the subsistence pond-based fish farming operations are indeed able to deliver on the objectives set out in this Policy. The Ministry will develop a basic annual reporting template which must be completed by every subsistence fish farmer. The reporting template will ask each farmer to provide basic information on fish production and fish health for each quarterly period. The type of information that will be required will include the following:

• Name of the fish farmer and location; • Whether any fish was harvested in each of the 3

months of that quarter and how much; • What amounts were consumed by the farmer and

his family and what amounts were sold and to whom;

• Of the fish sold, how much was earned in total; • Were any moneys spent on fixing the pond or on

infrastructure; • Was any money spent on buying more live fish or

fingerlings and if so what type of fish or fingerlings; • Did the farmer experience any fish mortalities and if

so does the farmer know why. If the farmer does not know why, the farmer should describe the dead fish.

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Pillar 5: Commercialisation of Small-Scale Aquaculture

Small-scale commercial fish farming is not officially recognized in Swaziland as it is assumed that all present fish farming operations are subsistence in nature.

Small-scale commercial fish farming refers to the farming of fish which, like subsistence fish farming, could also be undertaken simultaneously with agrarian-based farming, but unlike subsistence fish farming, small scale commercial fish farming in ponds produces more than 400 kilograms of fish annually and the majority of the fish produced is sold, bartered or exchanged for commercial gain or for goods and services.

The commercialization of fish farming in Swaziland is an important policy objective of this Policy and the National Food Security Policy. Small-scale commercial fish farming seeks to reduce the dependence of fish farmers on the Swazi state. Although it is recognized that not all subsistence fish farmers will be able to expand and develop their operations into self-sufficient small-scale commercial fish farms, it is considered extremely realistic and viable that a fair number of current subsistence farmers could enter the small scale ommercial sector with the support of the Ministry, private sector fish uyers and developmental aid.

cb Pictures: The picture on the left is of a recently built pond on a farm operated by a potential small-scale commercial fish farmer. The farmer currently rears hundreds of broiler chickens and dozens of pigs which are sold for commercial profit. The farmer invested E3000 in building her first fish farm pond and plans on developing either 2 additional ponds or one very large pond on adjacent land. The picture on the right shows the piggery in the background from where manure flows into the pond to feed to the fish.

5.1 Strengthening the Role of the Fisheries Section

The Fisheries Section is committed to providing a number of critical technical and support services to emerging small-scale commercial fish farmers. These services include the following:

• Provision of fingerlings at highly subsidized rates; • Provision of technical advice during the start-up

phase, including pond constriction and pond management and basic advice on fish farming;

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• Provision of ongoing technical extension services for the duration of the fish farming operation, which will charged for;

• Administrative assistance and support where required with regard to completing the annual fish production and fish health report card;

• Providing support to obtain support for the construction of ponds;

• Creating an environment conducive for the establishment and growth of a small-scale commercial fish farming sector.

5.2 Issuing of Permits

In order to promote effective and efficient management of the small-scale fish farming sector, all small-scale fish farming operations will be required to obtain a permit as envisaged under Section 4 of the Protection of Fresh Water Fish Act of 1937. The Ministry will also determine reasonable fees for applying for and issuing these permits. The Ministry will maintain a database of all authorized small-scale commercial fish farming operations. In this way, the Ministry will be able to deliver the services it is committed to providing under this Policy. The procedures for applying for small-scale commercial fish farming permits will be set out in Regulations promulgated by the Ministry. The Ministry intends permitting at least 5 small-scale commercial fish farms each year over the next 3 years.

5.3 Establishing Reporting and Data Capturing Requirements for Small-Scale Commercial Aquaculture

An important aspect of regulating and permitting small-scale commercial fish farms is to ensure proper monitoring and evaluation of the farms and to ensure that the small-scale commercial fish farming operations are indeed able to deliver on the objectives set out in this Policy.

The Ministry will develop a basic annual reporting template which must be completed by every small-scale commercial fish farmer. The reporting template will ask each farmer to provide basic information on fish production, fish health and fish sales for the month under review. The annual report must be submitted by each small-scale commercial fish farmer to an agriculture extension officer during December of each year.

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The type of information that will be required will include the following:

• Name of the fish farmer and location; • Whether any fish was harvested in the past 30 days

and the quantities; • What amounts were sold and to whom. What was

the balance of the fish used for; • Of the fish sold, how much was earned in total; • Were any moneys spent on fixing the pond or on

infrastructure; • Was any money spent on buying more live fish or

fingerlings and if so what type of fish or fingerlings; • Did the farmer experience any fish mortalities and if

so does the farmer know why. Was it a virus, parasite or disease and if so, the details of the person who diagnosed it should be provided (name, qualifications and contact details). If the farmer does not know why, the farmer should describe the dead fish;

• Has the farmer used any products – both natural and non-natural such as antibiotics – to maintain fish health or recover fish from any disease;

• Was any fish feed purchased, from where and the type of feed;

• What amounts of fish feed were fed per kilogram of fish (estimated) and feeding intervals.

5.4 Support for private hatcheries

The Ministry will support the establishment of privately run fish hatcheries to provide fingerlings for developing and promoting the small scale commercial fish farming sector and for the intensive commercial fish farming sectors. The Ministry will particularly support the establishment of hatcheries that seek to produce tilapia, catfish or trout fingerlings and any other aquaculture fish species that which meets all legal, environmental and scientific requirements for its culture in Swaziland.

Pillar 6: Development of Intensive Commercial Fish Farming

Intensive commercial fish farming in Swaziland refers to commercial fish farming ventures focused exclusively on the commercial production of fish by way of rearing fish in either on—land facilities or in cages which are located in dams. As is the case with the development of small-scale commercial fishing farming, the commercialization of fish farming by way of intensive commercial fish farming operations in Swaziland is an

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important policy objective of this Policy and the National Food Security Policy. Commercial fish farming is intended to create important job opportunities, reduce rural unemployment and poverty and attract much-needed commercial and foreign investment in Swaziland’s agricultural sector.

6.1 Strengthening the Role of the Fisheries Section

The Fisheries Section is committed to urgently creating the necessary regulatory frameworks and institutional systems to attract and support the establishment of commercial fish farming operations.

This will include revising and updating the current regulatory framework with a particular focus on establishing an aquaculture regulatory framework that will allow potential investors to export high value farmed fish products. In addition, the Ministry will also focus on ensuring that live fish may be imported with minimal bureaucracy. The importation of fish from within the Southern African Customs Union (SACU) does not require an import permit from the Ministry of Finance.

6.2 Developing a Permit and Regulation system for intensive commercial aquaculture

Swaziland’s current regulatory framework does not make provision for the granting of permits or other form of authorization to conduct commercial fish farming.

In order to succeed in attracting the necessary investments in the commercial fish farming sector, a comprehensive regulatory framework is required. A comprehensive regulatory framework will include provisions regulating, inter alia, ecosystem integrity management, fish and food health in accordance with the Aquatic Code of the OIE, access to fish veterinary services, fish stocking densities and fish farm monitoring, reporting and evaluation.

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