MARINE AQUACULTURE PERMIT CONDITIONS: MARINE AQUACULTURE FISH PROCESSING ESTABLISHMENT 2012

Transcription

1 SECTION B MARINE AQUACULTURE PERMIT CONDITIONS: MARINE AQUACULTURE FISH PROCESSING ESTABLISHMENT GENERAL 1.1 This permit is issued subject to the provisions and regulations of the following legislation: The Marine Living Resources Act, 1998 (Act No. 18 of 1998), ( the Act ); (b) The National Environmental Management Act, 1998 (Act No. 107 of 1998), (c) The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), (d) The National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003), (e) The Animal Protection Act, 1962 (Act No.71 of 1962), (f) The Seashore Act, 1935 (Act No. 21 of 1935), (g) The National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) and (h) The Animal Health Act, 2002 (Act No. 7 of 2002). The following legislation is applicable to the culture of organisms intended for human consumption and must be complied with where relevant: (i) The National Health Act, 2003 (Act No. 61 of 2003), 1

2 (j) The Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), (k) The National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008) and (l) The Standards Act, 2008 (Act No. 8 of 2008). 1.2 The Delegated Authority shall be entitled to amend these permit conditions when deemed necessary. 1.3 Any reference to the Permit Holder in these permit conditions includes the entity or person, his/her/its employees (whether permanent, full-time or part-time), his/her/its contractors, agents or advisers, in the course and scope of their contractual relationship. 1.4 A failure to comply with the provisions of the Act or these permit conditions by the Permit Holder may result in, but not limited to, the initiation of legal proceedings (civil or criminal) in terms of the Act. A breach includes: furnishing information to which the Department of Agriculture, Forestry and Fisheries (the Department) is entitled, which is not true or complete or accurate; (b) contravening or failing to comply with a permit condition or with the provisions of the Act; (c) being convicted of an offence in terms of the Act, or (d) failing to effectively utilise the permit. 1.5 The Delegated Authority may refuse to issue a subsequent permit should the conditions stipulated in this permit not be adhered to. 1.6 These permit conditions do not in any way absolve the Permit Holder from adhering to the remaining provisions of all applicable Acts as listed in 1.1 above. 2

3 1.7 The Permit Holder shall store at their authorised marine aquaculture site the original permit issued for the current operational year. The Permit Holder shall at all times, have available a true certified copy of this permit which should be produced on demand by any Fishery Control Officer(s) or any other authorised official(s) 1.8 This permit authorises the Permit Holder to undertake processing marine aquaculture products for those species specified in Section A. The Permit Holder may not possess, keep, collect from the wild, culture, transport, import, export or process any other species or undertake those activities not specified in Section A of this permit. 1.9 The Permit Holder shall not receive any fish or any part or product thereof from any person/ entity for the processing thereof, unless such person/ entity is in possession of a valid marine aquaculture permit in terms of the Act to engage in marine aquaculture for such marine species. 2. FISH PROCESSING 2.1 Processing of SPECIES shall only be undertaken on a land/ vessel based fish processing establishment at COMPANY NAME AND PERMIT NUMBER (INCLUDING VESSEL NUMBER AND CALL SIGN IF APPLICABLE). 2.2 This permit shall only apply to cultivated SPECIES processed at the location described in paragraph 2.1 above. 2.3 The Permit Holder shall take care to keep, sort, pack and process cultivated and wild fish separately. 2.4 Live Holding The Permit Holder shall not hold live animals for processing no longer than 14 days at the the Fish Processing Establishment (FPE). The Permit Holder shall abide by the 3

4 requirements for wet storage in the South African Molluscan Shellfish Monitoring and Control Programme Manual. (b) The Permit Holder shall keep different batches from different farms of live stock separate, clearly identifying such stock. (c) No effluent shall be discharged into the marine environment without a valid discharge permit or general authorization obtained from the relevant authority. (d) Live holding facilities at Fish Processing Establishments (FPEs) are encouraged to make use of recirculation systems and sterilize effluent prior to discharge. 2.5 Effluent from processing shall be sterilized prior to discharge in the marine environment or discharged into the local municipal sewage system. Solid wastes shall be screened from effluent and disposed of at an authorised landfill site. 2.6 The Permit Holder shall make use of disposable or washable containers for delivering animals to the processing establishment. Disposable containers, such as polyboxes, plastic bags, ice sheets and other packing material may not be returned to farms, but may be recycled for other purposes or destroyed and disposed of at a sanitary landfill. Washable containers must consist of smooth impervious material that can be effectively washed and disinfected after use, which is the responsibility of the processing establishment. 2.7 Solid waste generated during processing, must be collected in leak proof, vermin proof, sealed containers and disposed of at an authorised landfill site within 48 hours of being created or less than 7 days if frozen. Should re-use of shells be considered, the processing establishment must demonstrate that they are able to contain them prior to removal (i.e. in an enclosure or dustbin away from vermin, birds and other animals). The Permit Holder shall obtain written permission from the Department to reuse shells. 4

5 2.8 The following disease management zones shall apply to the processing of abalone: Zone 1: West coast from the Namibian border to Cape Point Zone 2: South coast from Cape Point to Agulhas Zone 3: East coast from Agulhas to Mozambique border If the abalone production facility and Fish Processing Establishment (FPE) are not in the same disease management zone then the Permit Holder shall either (i) ensure that the initial product is pre-processed (i.e. shucked, washed and soaked in a brine solution) in the zone where harvesting occurred prior to processing the final product (e.g. canning or drying), or (ii) ensure that the Fish Processing Establishment (FPE) has appropriate measures in place to mitigate against the risk of disease contamination. (b) The following mitigation measures shall be implemented by the Fish Processing Establishment (FPE) if processing cultured abalone outside the allocated disease management zone: (i) All processing effluent is to be collected in a sump and emptied by the municipal sewage truck, (ii) cleaned flesh is to be soaked in a brine solution prior to any further processing, and (iii) the dirty area where the initial pre-processing takes place should be sealed from the time live abalone arrive until the meat is soaked in a brine solution. 2.9 The Permit Holder shall comply with the conditions of the South African Molluscan Shellfish Monitoring and Control Programme and the Certificate of Approval for Fish Factories and Other fish Handling &Processing Establishments. 3. SUBMISSION OF INFORMATION 3.1 The Permit Holder shall submit to the Department (Marine Aquaculture Right Holder Information, For attention: The Customer Services Centre, Ground Floor, Foretrust Building, Private Bag X2, Roggebaai, Foreshore, Cape Town, 8012) confirmation of the following information by 15 November each year. 5

6 the transformation profile of the Permit Holder with regard to ownership, shareholding and management. 3.2 The Permit Holder is required to submit a monthly report to the Department in the format of the Fish Processing Establishment (FPE) report form on the Aquaculture Information Management System (AIMS) website (For further enquiries please contact Directorate: Aquaculture Technical Services (ATS), Aquaculture Support Services, tel. (021) , fax (021) , and KeaganH@daff.gov.za or Aquaculture@daff.gov.za). 3.3 The Permit Holder shall provide any information relating to the Right or permit including but not limited to economic, socio-economic, financial, transformation or statistical information requested by the Department. The information shall be supplied in the format requested and shall be submitted within 21 days of the date of request to the relevant official. 3.4 Should the Permit Holder fail to submit the above information or submit false or incorrect information, the Department may institute proceedings under Section 28 of the Act. In addition, the Department may refuse to issue a subsequent permit until such time as the required information has been recieved, verified and processed. 4. COMPLIANCE 4.1 In terms of the Act, the Permit Holder is obliged to report to the Minister any contravention of the provisions of the Act by any other person. Any such contravention must be reported to the Department of Agriculture, Forestry and Fisheries (DAFF) in writing (Attention: Chief Directorate: Monitoring, Control and Surveillance, Mr Ceba Mtobo, tel. (021) , fax (021) and CebaM@daff.gov.za). 6

7 5. RECEIPT AND MARKETING OF FISH AND FISH PRODUCTS 5.1 The Permit Holder shall ensure that live shellfish for processing is accompanied by the relevant movement documents from the Marine Aquaculture Permit Holder as requested by the Department and shall retain the pink copy of the Movement Document for 24 months. 5.2 The Permit Holder shall keep a copy of all invoices issued for any sales of fish and fish products from the establishment for no less than 24 months and such invoices shall contain at least the following details: (b) (c) (d) The names and addresses of the parties to the transaction; The name of the product The date of delivery/receipt; and The quantity and/or mass of fish or part of product thereof sold. 6. INSPECTION OF PREMISES 6.1 The Permit Holder shall, when requested by the Department, allow access to a Fishery Control Officer(s) or any other authorised official(s) to inspect any Fish Processing Establishment (FPE) or any other place where fish or fish products are kept or stored. 6.2 The Permit Holder shall allow the Fishery Control Officer(s) or any other authorised official(s) unrestricted access to monitor fish processing activities and compliance with permit conditions and all applicable laws, and shall facilitate safe entry and inspection of the sites/ areas, records, documents, animals, and sampling. 6.3 Should the Department reasonably believe that a Fishery Control Officer(s) or any authorised official(s) is threatened or being prevented from carrying out his/her obligations in any way, the Department may immediately suspend the fish processing activities being undertaken by the Permit Holder(s). 7

8 7. VALIDITY OF PERMIT 7.1 This permit shall automatically expire and be invalid should the Right and or exemption allocated by the Minister or their delegate be cancelled or revoked in terms of the Act. 7.2 This permit shall be valid from the date stipulated in Section A until 31 December