FISHERIES ACT 1985

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 317 FISHERIES ACT 1985 As at 1 November 2019 2 FISHERIES ACT 1985 Date of Royal Assent … … … … 22 May 1985 Date of publication in the Gazette … … 30 May 1985 Latest amendment made by Act A1601 which came into operation on … … … … … … 30 September 2019 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 317 FISHERIES ACT 1985 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II ADMINISTRATION 3. Responsibility of Minister 4. Fisheries officers and deputy fisheries officers 5. Inland fisheries officers and deputy inland fisheries officers PART III FISHERIES PLANS 6. Preparation of fisheries plans 4 Laws of Malaysia ACT 317 PART IV GENERAL LICENSING PROVISIONS Section 7.7. Application of this Part 8.8. Offence for fishing without licence or in contravention of condition or direction 9.9. Application for licence or permit in respect of new fishing vessel 10. Conditions in licence and directions 11. Licence in respect of local fishing vessel, fishing stakes, fishing appliance, fish-aggregation device or marine culture system 12. Non-commencement of fishing operations 13. Refusal to license or suspension or cancellation of licence 14. Period of validity of licence and non-transferability 14AA. . 14 Presumption in respect of person found on board any local fishing vessel PART V FOREIGN FISHING VESSELS 15. Fishing, etc., by foreign fishing vessel in Malaysian fisheries waters 16. Passage of foreign fishing vessel through Malaysian fisheries waters 17. Undertaking to be included in international fishery agreement 18. Director General to take account of certain matters in considering application for permit 19. Permit in respect of foreign fishing vessel 20. Bringing into or having in Malaysian fisheries waters fish taken or received from foreign fishing vessel 21. Cancellation or suspension of permit 22. Variation of conditions in permit 23. Director General’s decision not reviewable 24. Liability of persons in respect of foreign fishing vessel Fisheries 5 PART VI OFFENCES Section 25. Offences under Act 26. Fishing with explosives, poisons, etc. 27. Aquatic mammals or turtles in Malaysian fisheries waters 28. Wilful damage to fishing vessel, etc. 29. Destroying incriminating evidence 30. Master and employer liable 31. Compounding of offences 32. Sessions Court and Court of Magistrate of First Class to have full jurisdiction and powers under Act 33. Power of court to order cancellation of licence or permit 34. Court may order forfeiture of seized vessel, etc., in certain circumstances 35. Presumption as to maps, plans or charts made by authority of Governments 36. Minister may appoint other persons to be authorized officers PART VII TURTLES AND INLAND FISHERIES 37. Promotion of development and management of inland fisheries 38. Power of State Authority and Minister to make rules concerning turtles and inland fisheries PART VIII AQUACULTURE 39. Development of aquaculture 40. Control of live fish PART IX MARINE PARKS AND MARINE RESERVES 41. Establishment of marine park or marine reserve 6 Laws of Malaysia ACT 317 Section 41 41AA. . Establishment of the National Advisory Council for Marine Park and Marine Reserve and membership 41 41BB. . Functions of the National Advisory Council for Marine Park and Marine Reserve 42. Powers and responsibility of Director General 43. Offence to do certain acts without written permission of Director General 44. Absolute prohibition of certain weapons 45. Power to make regulations PART X ENFORCEMENT 46. Powers of authorized officer 47. Powers of entry, seizure and arrest, etc. 47 47AA. . Fisheries officer’s power of investigation 47BB. . 47 Fisheries officer’s power to require attendance of witnesses 47CC. . 47 Examination of witnesses by fisheries officer 47 47DD. . Procedure where investigation cannot be completed within twenty-four hours by a fisheries officer 48. Sale of fish or other article of a perishable nature 49. Seizure and forfeiture of vessel, etc. 50. Temporary return of vessel, etc., seized 51. Costs of holding vessel, etc., in custody 52. Forfeiture and disposal of vessel, etc. 53. Obstruction of authorized officer 54. Authorized officer to declare office 55. Bar to actions 56. Presumption PART XI GENERAL PROVISIONS 57. Service of documents Fisheries Section 58. Exemption for certain purposes 59. Registers of licences and permits 60. Exemptions 61. Power of Minister to make regulations 62. Repeal 7 9 LAWS OF MALAYSIA Act 317 FISHERIES ACT 1985 An Act relating to fisheries, including the conservation, management and development of maritime and estuarine fishing and fisheries, in Malaysian fisheries waters, and the monitoring, control and surveillance of local fishing vessels on the high seas; to turtles and riverine fishing in Malaysia; and to matters connected therewith or incidental thereto. [Except for Part IX in its application to the State of Sabah—1 January 1986, P.U. (B) 627/1985] WHEREAS it is expedient to consolidate and amend the written law relating to fisheries, including the conservation, management and development of maritime and estuarine fishing and fisheries, in Malaysian fisheries waters and the monitoring, control and surveillance of local fishing vessels on the high seas; and to turtles and riverine fishing in Malaysia; AND WHEREAS by Clause (1) of Article 74 of the Federal Constitution Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List, and whereas fisheries, including maritime and estuarine fishing and fisheries (excluding turtles), is a matter enumerated in the Federal List under item 9 of List I of the Ninth Schedule to the Federal Constitution and maritime and estuarine fishing and fisheries are also matters enumerated in the Concurrent List under item 12 of List IIIA of the said Ninth Schedule in respect of the States of Sabah and Sarawak; AND WHEREAS by Clause (1)(b) of Article 76 of the Federal Constitution Parliament may make laws with respect to any matter enumerated in the State List for the purpose of promoting uniformity 10 Laws of Malaysia ACT 317 of the laws of two or more States, and whereas turtles and riverine fishing are matters enumerated in the State List under item 12 of List II of the Ninth Schedule of the Federal Constitution: NOW, THEREFORE, pursuant to the relevant provisions of the Federal Constitution BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Fisheries Act 1985 and shall apply in Malaysian fisheries waters, and on the high seas in respect of any local fishing vessel and, subject to subsection (2), in riverine waters within the jurisdiction of each of the States in Malaysia and of the Federation in respect of the Federal Territories of Kuala Lumpur and Labuan. (2) This Act shall come into operation on such date as the Minister may appoint by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act in different areas: Provided that the provisions of this Act insofar as they relate to turtles and riverine fishing in any State in Malaysia shall not come into operation in that State until they have been adopted by a law made by the Legislature of that State. Interpretation 2. In this Act, unless the context otherwise requires― Fisheries 11 “aquaculture” means the propagation of fish seed or the raising of fish through husbandry during the whole or part of its life cycle; “authorized officer” means the Director General, a Deputy Director General of Fisheries, a fisheries officer, a port officer as defined in section 2 of the Merchant Shipping Ordinance 1952 [Ord. 70 of 1952], the commanding officer of any Government naval vessel or Government aircraft, the commanding officer of any Government marine police vessel or any other person or class of persons appointed to be an authorized officer or authorized officers under section 36; “culture system” means any establishment, structure or facility employed in aquaculture and includes on-bottom culture, cage culture, hanging-net culture, pen culture, pond culture, pole or stick culture, raceway culture, raft culture, rope culture and hatchery; “Director General” means the Director General of Fisheries appointed under this Act; “estuarine waters” means the waters of a river extending from the mouth of the river— (a) up to the point upstream penetrated by sea water at neap tides; and (b) in the case of the State of Sarawak, up to the limits set by the Minister, with the concurrence of the State Authority, in regulations made under this Act; “exclusive economic zone” means the exclusive economic zone of Malaysia as determined in accordance with the Exclusive Economic Zone Act 1984 [Act 311]; “fish” means any aquatic animal or plant life, sedentary or not, and includes all species of finfish, crustacea, mollusca, aquatic mammals, or their eggs or spawn, fry, fingerling, spat or young, but does not include any species of otters, turtles or their eggs; 12 Laws of Malaysia ACT 317 “fish-aggregation device” means any structure or device of a permanent or semi-permanent nature made from any material and used to lure or aggregate fish for the purposes of fishing; “fish seed” means fish egg or larva or post-larva of fish or the spawn, fry or fingerling of fish; “fisheries officer” means a fisheries officer or deputy fisheries officer appointed under section 4; “fisheries plan” means any of the plans related to fisheries prepared by the Director General under Part III; “fishery” means any one or more stocks of fish which can be treated as a unit for the purposes of their conservation, management and development and includes fishing for any such stocks, and aquaculture; “fishing” means— (a) the catching, taking or killing of fish by any method; (b) the attempted catching, taking or killing of fish; (c) engaging in any activity which can reasonably be expected to result in the catching, taking or killing of fish; or (d) any operation in support of, or in preparation for, any activity described in paragraph (a), (b) or (c) of this definition; “fishing appliance” includes a fishing net, a fishing trap, and any gear, with or without floats, buoys or sinkers, designed for capturing fish but does not include— (a) any such gear of the hook-and-line type having not more than two hooks; and (b) a cast net of the type known as “jala”; Fisheries 13 “fishing stakes” means any device used for fishing which is made up of poles or other supports fixed into the ground and enclosed by ramie, rattan, wire or other screening material and so designed as to lead fish into such device; “fishing vessel” means any boat, craft, ship or other vessel which is used for, equipped to be used for, or of a type used for— (a) fishing; (aa) aquaculture; or (b) aiding or assisting any other boat, craft, ship or other vessel in the performance of any activity related to fishing, including any of the activities of preparation, processing, refrigeration, storage, supply or transportation of fish; “foreign fishing vessel” means any fishing vessel other than a local fishing vessel; “inland fisheries” means fisheries in riverine waters; “inland fisheries officer” means an inland fisheries officer or a deputy inland fisheries officer appointed under section 5; “internal waters of Malaysia” means any areas of the sea that are on the lan