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  1. Profile
    1. Basic legislation
    2. Legal definition
    3. Guidelines and codes of conduct
    4. International arrangements
  2. Planning
    1. Authorization system
    2. Access to land and water
    3. EIA
  3. Operation
    1. Water and wastewater
    2. Fish movement
    3. Disease control
    4. Drugs
    5. Feed
  4. Food safety
    1. Miscellaneous
      1. References
        1. Legislation
        2. Related resources
      2. Related links
        Profile
        Basic legislation
        The Law relating to Aquaculture No. 24/89 regulates the application for aquaculture leases and licences. In addition, the Marine Fisheries Law No 9/1990 and the Freshwater Fisheries Law No 1/1991 seem to contain licensing requirements for aquaculture activities as well.
        Legal definition
        The Law relating to Aquaculture defines aquaculture as meaning "the propagation of fish species, breeding of fish through different stages of growth in natural or artificial waters by various culturing techniques".
        Guidelines and codes of conduct
        There are no guidelines/codes of conduct on aquaculture.
        International arrangements
        Myanmar is a member of:
        • World Trade Organization (WTO).
        • Association of Southeast Asian Nations (ASEAN).
        • Network of Aquaculture Centres in Asia and the Pacific (NACA).
        • Southeast Asian Fisheries Development Center (SEAFDEC).
        Myanmar is a party to the Convention on Biological Diversity (CBD). It has signed the Biosafety Protocol on 11 May 2001, but is not yet a party to the Protocol. Myanmar is also a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
        Planning
        Authorization system
        Under the Law relating to Aquaculture, the Department of Fisheries may designate agriculture and waste land for the purpose of aquaculture, in accordance with the existing Land Law. The Director General of the Department of Fisheries may lease such land, for a period of not more than 10 years, upon the conditions that:
        • At least 75 percent of the leased land will be developed into pond surface area.
        • Fifty percent of the planned pond surface area will be in operation within 3 years after obtaining the lease and all planned pond surface area will be in operation within 5 years. In case of failure to have the land in operation within these periods, the lessee must return the land to the Department and the lessee is not entitled to a return of implementation costs.
        • The lessee follows any other regulations issued by the Department.
        The Director General may also lease fisheries waters not pertaining to any government department or organization as well as reserved fisheries waters (waters in which fishing is permitted with restrictions) for the purpose of aquaculture, for a period of not more than 3 years, to persons using aquaculture methods other than fish ponds.

        The Director General may issue a licence to carry out aquaculture to:
        • Any person who has obtained a lease to carry out aquaculture on land designated for that purpose, in fisheries waters not pertaining to any government department or organization, and in reserved fisheries waters (see above).
        • Any person that wishes to carry out aquaculture on land other than the land designated for aquaculture or in fisheries waters, after obtaining consent (from any other government department or organization, or any person holding any lease).
        • Any person wishing to hatch fish for sale or desiring to breed fish for display on a commercial scale (aquarium fish).
        Aquaculture in one pond with a water surface area of 25 ft. x 50 ft. operated by a family for family consumption is exempted from the requirement to obtain a licence.

        Conditions may be imposed upon leases and licences to be issued. Upon violation of the conditions, the Director General may suspend or revoke the lease or licence. The lease or license also ends upon expiry of the term and upon cessation of the aquaculture enterprise. If dissatisfied with a decision of the Director General to issue, suspend or revoke a lease or license, an appeal may be filed with the Minister of Livestock and Fisheries within 30 days on receipt of such decision.

        As mentioned above, the Marine Fisheries Law No 9/1990 and the Freshwater Fisheries Law No 1/1991 seem to contain relevant licensing requirements for aquaculture activities as well. According to the Marine Fisheries Law, any person that wishes to carry out inshore fishery should apply for a license to the Officer-in-charge of the Department of Fisheries of the respective Township. According to the Law, "fishery" includes the hatching and breeding of fish, while "nshore fishery" means any fishery carried out in the inshore area along the Myanmar coast as determined by the Director General. In addition, any person that wishes to carry out offshore fishery must apply for a license to the Officer-in-charge of the Department of the respective State/Division. "Offshore fishery" means any fishery carried out in the Myanmar Marine Fisheries Waters as determined by the Director General.

        The Freshwater Fisheries Law is applicable to freshwater fisheries waters, which include the waters, ponds, courses, rivers, streams and lakes of permanent or temporary nature, in which fish live and thrive and which are situated within the inland boundary along the sea coast of Myanmar. The Law distinguishes the permission to operate a freshwater fishery into leases (to be purchased through a system of competitive bidding during an auction) and licenses, both to be issued by Officer-in-charge in the respective Township. The Law defines fishery as to include operations such as - inter alia - "aqua culturing" and "stocking".
        Access to land and water
        See above
        EIA
        There are no provisions on EIA
        Operation
        Water and wastewater
        Water pollution is controlled through guidelines issued in June 1994 by the Myanmar Investment Commission  . Reportedly, the guidelines require that new projects, from both foreign and private investments, have waste water treatment plants or systems in place.
        Fish movement
        Under the Law relating to Aquaculture, the Director General has the authority to issue an order permitting live fish to be imported and exported. No person may import or export live fish without the prior permission of the Department.
        Disease control
        There are no specific provisions on fish disease control.
        Drugs
        Directive No 8/98, issued under the Marine Fisheries Law No 9/1990, addresses the application of aquaculture medical drugs in fish and fish products and requires monitoring of the production process. The presence of certain residues and substances, listed in Annex I, must be detected in fish, their excrement and body fluids, fish products, aquaculture feed and drinking water. Products that have been illegally treated with aquaculture medical drugs must be rejected for human consumption and for export.

        The Pesticides Law No 10/90 generally regulates the registration, use, storage, sale and labelling of pesticides. In addition, the Drug Law No 7/92, which regulates the registration, use, storage, sale, labelling and advertising of drugs, may be applicable, too. Drugs are defined as "any substance for use, whether internal or external in the diagnosis, prevention and treatment of disease, birth control and any beneficial effect in human beings and animals".
        Feed
        There are no restrictions on the use of fish feed.
        Food safety
        Under the Marine Fisheries Law No 9/1990, the Director General has issued a large number of directives that have a bearing on food safety:
        1. Directive No. 7/96 provides for structural requirements for fisheries manufacturing facilities in order to ensure safety, hygiene and quality of production. The Directive addresses buildings, food handling areas and services such as waste disposal and water supply.
        2. Directive No. 8/96 provides for operational requirements for fisheries manufacturing facilities in order to ensure safety, hygiene and quality of production. The Directive addresses hygienic requirements for premises, personal hygiene and health requirements, hygiene requirements for processing, and hygienic requirements in production/harvest areas. Fish products for export may not be grown in or harvested from areas where substances are present that are potentially harmful to human health.
        3. Directive No. 9/96 provides rules on additives that can be used in fisheries products. It lists the maximum residue limit (MRL) for pesticides, antibiotics and other residues in fisheries products. It also lists the limits for metal contaminants. Reference is made to international standards of international organizations such as the Codex Alimentarius Commission.
        4. Directive No 10/96 provides rules on the sampling of processed fish products.
        5. Directive No 11/96 provides rules on the packaging (and labelling) of processed fish products. Any contamination must be avoided.
        6. Directive No 3/98 provides rules on the microbiological criteria for the production of cooked crustaceans and shellfish.
        7. Directive No 4/98 contains an extensive and detailed list of food additives that may be used in fish and fishery products.
        8. Directive No 5/98 contains the water standard to be applied by the fish processing industry.
        9. Directive No 6/98 provides rules for the inspection of fish and fish products in order to detect parasites.
        10. Directive No 7/98 provides the limit values for TVB-N and histamine for certain categories of fish products.
        11. Directive No 8/98, as mentioned above, addresses the application of aquaculture medical drugs in fish and fish products.
        12. Finally, Directive No 9/98 establishes the Myanmar Department of Fisheries System of Inspection (MDFSI). Any establishment preparing processed fish products for export should apply to MDFSI for approval. The directive deals with documentation, implementation of the Hazard Analysis Critical Control Point (HACCP) system, and compliance issues. Fish processing establishments will be rated according to their total, partial or no compliance with the requirements.
        Miscellaneous
        Aquaculture investment 
        Investment proposals by Myanmar citizens are regulated by the Myanmar Citizens Investment Law No 4/94, administered by the Myanmar Citizen Investment Commission, as well as Notification 2/94 concerning the procedures related to the Myanmar Citizens Investment Law, issued by this Commission. Foreign investment proposals are regulated by the Union of Myanmar Foreign Investment Law No 10/880, administered by the Myanmar Foreign Investment Commission, as well as Notification 11/88 concerning the procedures relating to the Union of Myanmar Foreign Investment Law, issued by this Commission. Notification 1/89 on Types of Economic Activities allowed for foreign investment, issued by the Commission, lists "breeding, fishing, processing, and marketing of fresh water fish and marine fish, prawns and other aquatic organisms" as an economic activity in which foreign investment can be made.
        References
        Legislation
        Related resources

        faolexSearch parameters: country=MMR, Keywords=aquaculture;mariculture
        Records Returned: 4
        Title of textDate of textConsolidated dateEntry into forceCountries
        Duties and Rights of the Central Committee for the Management of Culturable Land, Fallow Land and Waste Land (Notification No. 44/91).1991-11-13Myanmar

        Law relating to Aquaculture.1989-09-07Myanmar

        Agreement on the network of aquaculture centres in Asia and the Pacific.1988-01-08The Agreement came into force on 11 January 1990.Australia; Bangladesh; Cambodia; China; Korea, Republic of; India; Malaysia; Myanmar; Nepal; Pakistan; Philippines; Sri Lanka; Thailand; Viet Nam; China

        Procedures Conferring the Right to Cultivate Land/Right to Utilize Land (Notification No. 1/91).1991-12-12Myanmar

        Gutter P. Environment and Law in Burma, in: Legal Issues on Burma Journal No. 9, August 2001
        Related links
        Country profiles: Myanmar
         
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