Legal Statements on Spearfishing
TANZANIA
Tanzania is the short name for the United Republic of Tanzania. Tanzania is the name given to the union between previously independent Peoples’ Republic of Zanzibar (now also known as The Isles) and Republic of Tanganyika (now also known as The Mainland or Mainland Tanzania). This union happened in 1964 when the presidents for the two sovereign countries signed the union agreement.
Although Tanzania now has a centralized ‘Union’ government system, the two also maintain semi-autonomous governments. Fisheries resources are among those matters not ruled by the union government. Therefore, to this day both Zanzibar and Tanganyika maintain separate Fisheries Departments that govern their Internal Waters (Internal Waters of Mainland Tanzania and Internal Waters of Zanzibar) and theTerritorial Sea, while they jointly govern the EEZ (Exclusive Economic Zone) waters of Tanzania.
To this day, as per the Fisheries Acts of both Zanzibar and Mainland Tanzania, spearfishing using a harpoon gun or spear gun remains illegal in all of The United Republic of Tanzania. However, there are some important differences in interpretation of the two Acts (please see below).
ZANZIBAR
Through further interpretation and clarification (from the Department of Fisheries Development, Ministry of Livestock and Fisheries, Zanzibar) of the Fisheries Act 2010 of Zanzibar, the regulation specifically bans the use of spear or harpoon guns to spear fish for commercial gain. In fact, under their game fishing policy of the Fisheries Regulations of 1993, the Zanzibar Government, while acting completely independently from the Mainland Tanzania Government, allows the taking for sport (with no commercial gain from selling fish) of fish using a spear and/or harpoon gun under the following conditions;
1.1. Any entity must obtain a specific sport spearfishing license from the Department of Fisheries Development, Ministry of Agriculture, Livestock and Fisheries, Zanzibar.
1.2. Any individual who is not a Tanzanian Citizen or resident must sport spearfish through a registered authorized (by the
Zanzibar Government) service provider (sport spearfishing
charter operator).
1.3. As per the Territorial Sea and EEZ Act that binds the sharing agreement between Zanzibar and Mainland Tanzania, any fishing license issued by the Government of Zanzibar is valid for use in;
1.3.1. Zanzibar’s Internal Sea.
1.3.2. Tanzania’s Territorial Sea.
Already in October 2010, EBWS obtained a Sport Spearfishing License from the Government of Zanzibar. This permit has been renewed yearly ever since 2010. The permit allows EBWS – under its business name – to run Sport Spearfishing Charters anywhere within Zanzibar’s Internal Waters and Tanzania’s Territorial Sea. These include;
1.3.3. West coasts of Pemba Island and Unguja Island
(Zanzibar from the mean low water mark of any point westward to the half way point to Mainland Tanzania.
These are part of Zanzibar’s Internal Waters.
1.3.4. Latham Island, which lies in Tanzania’s Territorial Sea.
Read the official confirmation letter here.
1.3.5. East coasts of Mafia Island, Okuza Island, Nyuni Island, and Fanjove Island, from the mean low water mark of any point eastward to 12 nautical miles, where the EEZ starts. These are part of Tanzania’s Territorial Sea.
1.3.6. East coast of Mainland Tanzania, from Rukira Island on the Kilwa Point (Kilwa Peninsula) to the border of Mozambique, from the mean low water mark of any point eastward to 12 nautical miles, where the EEZ starts. These coastline is part of Tanzania’s
Territorial Sea.
IMPORTANT NOTE: ALL MARINE PROTECTED AREAS (MPA’s) OF ZANZIBAR AND MAINLAND TANZANIA ARE CURRENTLY PROHIBITED AREAS FOR SPORT SPEARFISHING.
- Read an original copy of the Zanzibar Fisheries Regulations of 1993.
- Read an official English translation of the main points of the Zanzibar Fisheries Regulations of 1993 pertaining to sport spearfishing
- Read a copy of the Territorial Sea and Exclusive Economic Zone Act of 1989 of The United Republic of Tanzania
- See a map of the layout of The United Republic of Tanzania’s Territorial and Internal Seas.
On February 4th, 2013, Open Water Extreme Adventures Ltd.’s project for sport spearfishing was approved as a Tourism Project by the Zanzibar Commission for Tourism. Read here the official letter.
SO WHAT DOES IT ALL MEAN TO YOU?
If you are a Citizen or resident of Tanzania, and you have a boat, you can request a sport spearfishing license from the Department of Fisheries Development on Zanzibar.
If you are not a Citizen or resident of Tanzania, you may only sport spearfish through a registered and authorized sport spearfishing charter operator like ourselves.
Whether you have your own license or are sport spearfishing through a registered and authorized sport spearfishing charter operator, you need to follow strict guidelines on which fish you can hunt.
With a license or in the care of a registered and authorized charter operator out of Zanzibar, you may hunt all along Tanzania’s Territorial Sea.
Any client on a Sport Spearfishing Charter with us is entitled to arrive with all sport spearfishing gear at any airport within Tanzania, and safely and legally transfer that gear to Zanzibar and its Internal Waters and/or Tanzania’s Territorial Sea.
That clients can board a licensed (for sport spearfishing) EBWS vessel anywhere along the mainland coast, and that that vessel is entitled to move anywhere along the Tanzanian coast with this gear on board.
Under the United Nations Convention on the Law of the Sea, any vessel licensed to fish from Zanzibar has free passage through any of Tanzania’s waters, including Mainland Tanzania’s Internal Sea.
MOZAMBIQUE
The laws on spearfishing in Mozambique are a lot simpler than in Tanzania. Simply put, spearfishing in Mozambique is legal. All you require as an individual is a spearfishing permit from your local Fisheries Office and you are set to go. The duration and cost of the permit varies, but a permit with a validity of one year currently costs approximately US$30. The permit is renewable every year.
There are Marine Protected areas that exist where spearfishing is not allowed or restricted. Therefore, make sure you find out before hand about any restrictions on spearfishing in an area you intend to spearfish in. At the time of writing this, we are not aware of any restrictions on fish species, sizes, seasons, or catch limits. However, we have our own species restrictions based on our philosophy on spearfishing and how charters should be run. Click Here to read more about this.
M A D A G A S C A R
Like in Mozambique, spearfishing is legal and unlike in Tanzania, the law is straight forward and easy to understand. A spearfishing license can be obtainer from the local Fisheries office. These are taken care of by us when joining on one of our spearfishing charters. At the time of writing this, we are not aware of any restrictions on fish species, sizes, seasons, or catch limits. However, we have our own species restrictions based on our philosophy on spearfishing and how charters should be run. Click Here to read more about this.
Disclaimer:
The above statement on the legality of spearfishing in The United Republic of Tanzania has been made in ‘good faith’ with the sole intent to provide as accurate information as possible to the reader concerning the subject. Facts presented/described in the statement are our interpretations of the laws on spearfishing in Tanzania, both of Zanzibar and Mainland Tanzania as have been described to us by various sources, including the Acts and Regulations mentioned above, and information passed on either verbally or in writing, or both, by The Director of Fisheries in Zanzibar. EBWS does not take any responsibility for the inaccuracy of the said statement or new/different interpretations that may arise of the mentioned laws, and welcomes the reader to ascertain with the relevant authorities in Zanzibar and Mainland Tanzania any facts presented in the statement.
The above statement on the legality of spearfishing in Mozambique and Madagascar has been made in ‘good faith’ with the sole intent to provide as accurate information as possible to the reader concerning the subject. Facts presented/described in the statement are our interpretations of the law on spearfishing in both countries as have been described to us by various sources, including that from actual experience in obtaining spearfishing permits for company guides and clients, at various local Fisheries Offices. EBWS does not take any responsibility for the inaccuracy of the said statement made above and welcomes the reader to ascertain with the relevant authorities in Mozambique and Madagascar any facts made in our above statements.