Specific laws relating to aquaculture do not exist in most countries of the region. Legally speaking aquaculture is neither agriculture, animal husbandry nor an industry and so none of the laws relevant to these are applicable to aquaculture. Fishery Acts, where they exist, may be partially used to protect aquaculture but these are generally adapted to the needs of common-property resources and not adequate to provide the necessary legal framework for development of aquaculture as an industry. In the present stage of development, there are no major problems in acquiring essential waste land for aquaculture but as the industry expands and the requirements for sites increase there are bound to be legal difficulties. Unified laws enabling the acquisition of suitable sites, construction of appropriate facilities, provision of incentives normally given to new food production industries, such as subsidies, grants, loans and tax holidays, water and power supply at special rates, import of essential equipment and supplies, ownership of aquaculture stocks, protection from poaching and destruction of stocks, control of fish and shellfish diseases, marketing of aquaculture products, etc., will contribute greatly to investments in this sector,
Many of the countries in Africa have some form of restriction on the import of exotic species and Fisheries Departments are often involved in making decisions. However, arbitrary decisions are often taken with detrimental effect on the expansion of aquaculture and capture fisheries.
Aquatic pollution will affect aquaculture very adversely and through zoning or other measures protection has to be provided to aquaculture areas. Pesticide pollution is a major danger to aquaculture in Africa at present and suitable measures have to be devised in cooperation with agricultural and public health services to protect the stocks and prevent the contamination of aquaculture products. As already demonstrated in some countries, aqua-culture could serve as a means of recycling agricultural and animal wastes in well controlled production systems. Such culture systems should be promoted widely in the overall interests of environmental management.
The restrictions imposed in many African countries by public health regulations on the construction of fish ponds and other stagnant bodies of water, for fear of it causing the spread of malaria and bilharzia, are gradually being relaxed as it has been well demonstrated that suitably managed fish ponds do not pose any public health hazards.
