Lesotho

This Proclamation empowers the High Commissioner to prescribe for any district or for any area or waters the periods of close seasons and to make Regulations with respect to the issue of permits and to regulate the capture or destruction of fish, the stocking of waters by fish, the importation of live fresh and the cultivation of fish for food purposes.

The protection of freshwater fish in Lesotho is governed by Proclamation No. 45 of 1951. The use of gillnets seems to be prohibited except for the purpose of research. Nets, electrofishers, etc, are prohibited for all other purposes except research. This regulation is obviously outdated and in need of reform.

Fishing tackle that you may use for trout is limited to a rod, line and artificial non-spinning flies. Landing nets and gaffs are not permitted. The season for trout fishing is closed between 1st June and 31st August every year. The bag limit for trout is twelve (12) trout over 25 centimeters in length. All the other trout must be returned to the water. The license fee is minimal only M5.00 and the licenses can be obtained from: The Ministry of Agriculture, Livestock Division in Maseru.

8. It shall not be lawful for any person other than an African to use for the capture of fish, any kraal or contrivance of sacking, canvas, wicker, cane, wire, net or other material not being a net or implement of fishing provided for by this Proclamation. [Verbatim from the primary statute (FAOLEX PDF of Proclamation 45 of 1951). This closed-list approach means only nets/implements positively provided for are lawful; spears/spearguns are not among them, and the section by its terms applies to persons other than 'an African' (colonial-era wording of the original text).]

9. No person shall at any time by means of dynamite or other explosives, or by means of any chemical, poisonous or other injurious substance, wilfully kill or destroy any fish in any waters in the Territory. [Verbatim from the primary statute (FAOLEX PDF of Proclamation 45 of 1951).]

4. (1) The High Commissioner in Council may make regulations, not inconsistent with this Proclamation for all or any of the following matters: (a) the issue of permits for the capture of fish, including the conditions under which they may be issued and the fees (if any) payable therefor; ... (c) the size of fish which may be retained after capture, and the disposal of undersized fish and of fish captured without authority ...; (d) prohibiting or regulating the capture or destruction of fish by any particular method, contrivance or implement; [Verbatim from the primary statute (FAOLEX PDF of Proclamation 45 of 1951). The detailed methods/permit rules are set in regulations made under this section, i.e. the Fresh Water Fish Regulations No. 112 of 1951, whose own full verbatim text could not be retrieved.]

7. No person other than an African shall take any trout, black bass or non-indigenous fish from any waters without having previously obtained the appropriate permit (if any): Provided that any occupier of land or his wife or any of his minor children who are ordinarily resident with him shall be entitled to fish in the waters upon or flowing through or bordering on the land of which he is the occupier without having obtained any permit; and provided further that no permit to fish shall authorise the holder thereof to enter or be upon any private lands without the consent of the lawful occupier. [Verbatim from the primary statute (FAOLEX PDF of Proclamation 45 of 1951). Trout/black bass are introduced (non-indigenous) species in Lesotho.]

TROUT. 1. The close season for trout shall be from the first day of June in any one year to the thirty-first day of August in that year, both days inclusive. [Verbatim from the FAOLEX PDF of Proclamation 45 of 1951, which reproduces High Commissioner's Notice 113 of 1951 [13th August, 1951]. The Notice's Second Schedule then lists named rivers/streams and their upper tributaries (by district) to which this trout close season applies; the First Schedule leaves the bass close season to be fixed by further Notice. This is the primary legal source for the 1 June - 31 August trout closure previously cited only to a tourism guide.]

Fisheries were covered by the 1951 Basutoland Fresh Water Fish Proclamation and subsequent regulations. ... The use of nets and electroshock was prohibited. ... In order to protect breeding seasons, regulations have subsequently been made establishing a closed season for the fishery in the highlands (May - June) and in the lowlands (August - December). [Verbatim quotes from the FAO seminar report; this is a secondary description of the regime, not the statute's own wording. Spearfishing/underwater fishing is not mentioned anywhere in the report.]