Fisheries and Aquaculture Act, 2019 (Act 16/2019).

This Act consisting of 50 articles organized into VII Parts aims to (i) achieve optimum utilization and ecologically sustainable development of fish stocks and aquaculture; (ii) conserve fish stocks for both present and future generations; (iii) apply precautionary approaches and utilization of the best available scientific research in respect of the management and development of fisheries and aquaculture; (iv) utilize fisheries and aquaculture to achieve economic growth, human resource development, employment creation and a sound ecological balance consistent with the development objectives of the Kingdom; (v) preserve environmental and fisheries biodiversity; (vi) minimize, mitigate and prevent pollution (according to the polluter pays principle) of water bodies. This Act applies to (i) all fishing activities, vessels, and aircraft, including foreign aircraft, within Eswatini's territory and airspace; (ii) fishing and aquaculture in domestic, foreign, or international waters by vessels flying the Eswatini flag or individuals holding an Eswatini license or permit; (iii) any fishing activity, vessel, or aircraft displaying Eswatini’s national flag, emblem, or other national symbols.
Part II of the Act outlines the Minister's powers in fisheries management as follows (i) granting the Minister authority to set catch and effort limitations, allocate portions for subsistence and recreational fishing, regulate fishing methods, and impose restrictions during aquatic emergencies; (ii) establishing fisheries management zones; (iii) creating a Fisheries and Aquaculture Board responsible for policy direction, governance, licensing, conservation, and industry development.
Part III regulates fisheries and aquaculture by (i) authorizing the Board to license commercial and recreational fishing, as well as small and large-scale commercial aquaculture; (ii) establishing that fishing and aquaculture operations require specific licenses and permits from the Board or the Principal Secretary; (iii) prohibiting unauthorized fishing, fish import and export, aquaculture, fish processing, and the operation of fishing vessels, mandating that all activities comply with prescribed licensing conditions, fee structures, and permit durations; (iv) establishing public registers for licenses, permits, and fishing vessels, ensuring transparency and compliance with local and international maritime laws; (v) granting the Principal Secretary and the Minister authority to impose administrative penalties, including the suspension or revocation of licenses and permits, for violations such as false information, non-compliance, or failure to utilize a license effectively.
Part IV focuses on fisheries conservation by (i) granting the Minister authority to designate fisheries protected areas to safeguard aquatic resources, support fishery management, and mitigate conflicts arising from competing uses; (ii) prohibiting harmful activities such as fishing, habitat destruction, and pollution within these areas unless specifically permitted; (iii) empowering the Minister to declare certain destructive fishing practices as prohibited; (iv) establishing the Fisheries and Aquaculture Fund to support fisheries and aquaculture development, conservation initiatives, commercial aquaculture, biodiversity programs, and climate change adaptation.
Part V outlines fisheries law enforcement, granting the Minister authority to appoint officers with powers to search, seize, and arrest if offenses are suspected. Compliance with officers is mandatory, and obstruction is prohibited. License holders must report violations. Part VI defines offenses and penalties related to fisheries violations, including selling contaminated fish, unauthorized fishing, and license breaches. Penalties range from fines to imprisonment for up to five years. It also covers liability limitations for government actions, prohibits the destruction of evidence, and outlines procedures for detaining and releasing seized vessels, vehicles, and aircraft.