Regulation concerning Fisheries and Aquaculture (Regulation NO. NAFAA/001/2020).

This Regulation, which consists of 78 sections organized into nine parts and includes 17 schedules, was developed by the National Fisheries and Aquaculture Authority (NAFAA). It concerns the marine, inland, and aquaculture sectors. Its main provisions involve establishing sectoral committees, outlining general procedures, composition, and specific responsibilities for each of the following: (i) Fisheries Management Committee: Assesses data, evaluates projects, develops and monitors management plans, reviews illegal fishing cases, and makes recommendations to the Director General on all related matters, including licensing and pricing; (ii) Licensing Committee: Reviews applications for all fisheries-related licenses, conducts due diligence, and makes recommendations to the Fisheries Management Committee and the Director General regarding the approval, suspension, or revocation of licenses; (iii) Monitoring, Control, and Surveillance Coordination Committee (MCSCC): Ensures cooperation among agencies for monitoring, controlling, and surveying fisheries activities. A memorandum of understanding will be signed to outline the specific functions and responsibilities of each agency; (iv) Fish Pricing Committee: Recommends fish prices for import and export to the Fisheries Management Committee and the Director General, based on expert research and consultations with government agencies and the private sector; (v) Import and Export Committee: Oversees and conducts due diligence on the import and export of fish and fish products. Its membership, procedures, and terms of reference are subject to Board approval; (vi) Fish Hygiene Compliance Inspection Committee: Conducts due diligence and oversees the inspection of all cold storage facilities and quality assurance procedures. Its membership and procedures are subject to Board approval; (vii) Fisheries and Aquaculture Compliance Committee: Develops and oversees inspection plans, manages non-compliance cases, collects revenue, and investigates and makes recommendations on violations of the National Fisheries and Aquaculture Act; (viii) Investment and International Cooperation Committee: Reviews international agreements, develops investment incentives, conducts due diligence on new opportunities, and advises the Director General on the socioeconomic impacts of international instruments and laws; (ix) Project Management Committee: Monitors and evaluates all fisheries and aquaculture projects, prepares reports, sets standards, and provides guidance for project planning and implementation to ensure national development goals are met.
Under Part III, licenses, authorizations, and registrations for all marine, inland, and aquaculture activities require an application and fees. This includes the importation and exportation of fish and fish products, which must meet specific documentation requirements and are subject to review by a dedicated committee. Violations can result in fines and the confiscation of goods. Part IV regards vessel and gear requirements, including semi-industrial vessel classifications and categories, vessel and gear marking, and maximum dimensions for fishing nets. Part V outlines the monitoring, control, and surveillance requirements for fishing vessels. Operators of industrial vessels must provide a safe workspace for observers. All fishing vessel operators must submit entry and exit reports and follow specific procedures for port entry and inspection. Transhipment requires a special authorization and a completed declaration form, and fees may apply. Additionally, all vessels over 20 meters must have an operational vessel monitoring system (VMS) that continuously transmits their position. Operators are also encouraged to report any suspicious vessel activity. Finally, the regulation sets specific bycatch and discard limits for different types of fishing vessels, with fines for non-compliance. Part VII establishes that NGOs implementing fisheries and aquaculture projects must be certified by NAFAA by submitting legal documents and a letter of intent, and their projects must align with the national development agenda and be carried out in collaboration with local communities, with a maximum duration of five years. The Regulation also includes a summary of the administrative proceedings in Part IIX.
An important topic is included in Part VI that establishes a comprehensive framework for quality assurance of fish and fish products. It requires approval for processing establishments, transport vehicles, vessels, and landing sites to ensure they meet hygiene and sanitation standards. The Regulation also mandates a Fish Sanitary Certificate for all imported and exported products and establishes a Fish Quality Inspector role to enforce compliance, conduct inspections, and seize unfit products. It also covers traceability records, the use of food additives, and the management of import and export permits. Finally, Part VIII outlines the regulations for aquaculture, requiring a license or authorization for all commercial activities, including construction, operation, and the introduction of new fish species. Subsistence aquaculture also requires a license, and both types of operations are subject to specific conditions for fingerlings, broodstock, and feed. The regulations specify that no exotic species can be introduced without a scientific assessment of their environmental impact. The Part also details the application process for various licenses, such as those for fish seed production, live fish transfer, and fish breeding. It empowers the Director General to deny or withdraw certificates and licenses if facilities do not meet established guidelines or if there is a risk of disease outbreak. Furthermore, the regulations prohibit aquaculture practices that degrade the environment, and require commercial establishments to keep detailed annual records for monitoring. They also set rules for the positioning of pens and cages to ensure proper water circulation and navigation, as well as for the use of drugs and chemicals. Violations of any of these rules are considered an offense and can result in significant fines and imprisonment.