Malawi

35. Control of use of underwater breathing apparatus for fishing (1) No person shall without a permit in writing granted by the Director and subject to such conditions as may be specified in such permit use in the fishing waters an aqualung or other underwater breathing apparatus when fishing with a spear, spear gun, harpoon or net commercially or for sport purposes. (2) An application for a permit referred to in subregulation (1) shall be in the form set out in the Thirteenth Schedule and the permit shall be in the form set out in the Fourteenth Schedule.

FOURTEENTH SCHEDULE (reg. 35 (2)) UNDERWATER BREATHING APPARATUS PERMIT ... (Name of permit holder) ... is hereby permitted to use underwater breathing apparatus when fishing commercially or for sport purposes according to the following stipulations— 1. Type of underwater breathing apparatus: ... 2. State fishing gear (e.g. spear, harpoon, etc.): ... 3. Area to be fished: ... 4. Period limitation: ... 5. Allowable catch: ... 6. Species of fish to be taken: ...

21. Sport or subsistence fishing licences (1) A person who fishes for sport or subsistence shall require a licence to fish if that person fishes— (a) for a species of fish declared under these Regulations, or by the Director by notice published in the Gazette, to be a controlled species of fish; or (b) using fishing gear declared by the Director by notice published in the Gazette to be controlled fishing gear. (2) An applicant for a sport fishing licence need not be a resident of Malawi but he shall specify any vessel not registered or based in Malawi intended for use under the authority of the licence. ... (4) No sport or subsistence fishing licence shall be granted or renewed unless the Director is satisfied that the applicant is not intending to engage in commercial fishing under the licence. (5) No subsistence fishing licence shall be granted or renewed unless the Director is satisfied that the applicant is ordinarily resident in Malawi within the meaning of regulation 10 (2). ... (7) Sport and subsistence fishing licences shall not be transferable.

42. Prohibited fishing methods (1) No person shall— (a) use any explosive, device capable of producing an electric current, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish or in any way rendering such fish more easily caught; (b) use any other method of fishing or gear that is unlawful; or (c) carry or have in his possession or control, any explosive, device capable of producing an electric current, poison or other noxious substance, or gear that is unlawful in circumstances indicating an intention of using such explosive, device, poison, noxious substance or gear for the purpose of killing, stunning, disabling or catching fish or in any way rendering such fish more easily caught. ... (3) Any person who (a) contravenes subsection (1) ... shall be guilty of an offence and liable to a fine not exceeding K30,000 and to imprisonment for six years.

37. Close seasons (1) The Director may, by notice published in the Gazette, declare that during such period and within such area of the fishing waters as may be specified in the notice, fishing for such species of fish as shall be specified in the notice shall be unlawful notwithstanding the issue of any licences or permits for the catching of such species of fish. (2) No person shall fish for rainbow trout between the 1st May and the 31st August in any year.

36. Size limits of fish No person shall kill, take, sell or offer or expose for sale any fish listed in the First Column of the Fifteenth Schedule of less than the lengths set out in the second column measured, in each case, from the point of the snout to the end of the tail fin when the fish is laid out.

“fishing waters” means— (a) all waters within the land borders of Malawi capable of supporting fish; and (b) those parts of Lake Malawi over which Malawi exercises sovereignty;