1 PART I PRELIMINARY-1. Short title, application and commencement.

(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.

[Am. Act A1601]

(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.

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires-

  "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 cul

3 PART II ADMINISTRATION-3. Responsibility of Minister.

(1) The Minister shall be responsible for all matters relating to fisheries, including the conservation, management and development of maritime and estuarine fishing and fisheries, in Malaysian fisheries water, to turtles and inland fisheries in the Federal Territories of Kuala Lumpur and Labuan and to turtles in waters outside the jurisdiction of any State in Malaysia.

[Am. Act A1601]

(2) The Yang di-Pertuan Agong may appoint a Director-General of Fisheries and the Minister may appoint such Deputy Directors-General of Fisheries as may be necessary, for implementing the provisions of this Act except, subject to subsection (1), the provisions relating to turtles and inland fisheries in the States of Malaysia.

(3) The Director-General shall be responsible for the general supervision of all matters relating to fisheries under this Act except, subject to subsection (1), matters relating to turtles and inland f

4 PART II ADMINISTRATION-4. Fisheries officers and deputy fisheries officers.

The Minister may appoint such fisheries officers and deputy fisheries officers as may be necessary for implementing the provisions of this Act except, subject to subsection (1) of section 3, the provisions relating to turtles and inland fisheries in the States of Malaysia.

5 PART II ADMINISTRATION-5. Inland fisheries officers and deputy inland fisheries officers.

Subject to subsection (1) of section 3, the State Authority may appoint such inland fisheries officers and deputy inland fisheries officers as may be necessary for implementing the provisions of this Act insofar as they relate to turtles and inland fisheries in the States of Malaysia.

6 PART III FISHERIES PLANS-6. Preparation of fisheries plans.

(1) The Director-General shall prepare and keep under continual review fisheries plans based on the best scientific information available and designed to ensure optimum utilization of fishery resources, consistent with sound conservation and management principles and with avoidance of overfishing, and in accordance with the overall national policies, development plans and programmes.

(2) Each plan and each modification or revision thereof shall be implemented after approval by the Minister.

(3) All development within the fisheries industry shall conform generally with the management and conservation policies described in the fisheries plans.

7 PART IV GENERAL LICENSING PROVISIONS-7. Application of this Part.

The provisions of this Part shall apply in respect of every licence issued under this Act but shall not, except as hereinafter provided, apply in respect of any permit issued under Part V.

8 PART IV GENERAL LICENSING PROVISIONS-8. Offence for fishing without licence or in contravention of condition or direction.

Any person who undertakes any fishing activity, operates, or allows to be operated, in Malaysian fisheries waters any local fishing vessel for the purpose of fishing:

[Am. Act A1601]

(a) without a valid licence issued under this Part;

(b) in contravention of any condition in the licence issued in respect of such vessel; or

(c) in contravention of any direction in writing issued by the Director General under this Act,

shall be guilty of an offence.

9 PART IV GENERAL LICENSING PROVISIONS-9. Application for licence or permit in respect of new fishing vessel.

(1) An application for a licence under this Part or for a permit under Part V in respect of any new fishing vessel shall be made to the Director-General before construction of the vessel is commenced, and shall be accompanie by such plans, specifications or other information as the Director-General may require or as may be prescribed in regulations made under this Act.

(2) The applicant may proceed with the construction of the new fishing vessel upon receiving written approval so to do from the Director-General subject to such conditions, including conditions in respect of the horsepower, size and tonnage of the vessel, or disposal of any existing fishing vessel, as may be specified in the approval.

(3) The Director-General may refuse to issue a licence in respect of any new fishing vessel which was not constructed with approval, and in accordance with the conditions specified, under subsection (2).

(4) Where under a fisheries p

10 PART IV GENERAL LICENSING PROVISIONS-10. Conditions in licence and directions.

(1) The Director-General shall in issuing a licence under this Part impose such conditions as he thinks fit which shall include conditions relating to the following matters:

(a) the permanent marking of the fishing vessel with such letters and numbers or other means of identifications as may be assigned to it by the Director-General in such manner as may be prescribed in regulations made under this Act;

(b) the nationality and number of persons to be employed or carried on the fishing vessel; and

(c) in addition to complying with the requirement of any other written law that may be applicable, the requirement that a person who is not a Malaysian citizen shall not engage in any fishing activity related to the fishing vessel without the written approval of the Director-General.

(2) Where he is satisfied that it is necessary or expedient for the proper management of fish

11 PART IV GENERAL LICENSING PROVISIONS-11. Licence in respect of local fishing vessel, fishing stakes, fishing appliance, fish-aggregation device or marine culture system.

(1) The Director General may, upon application and upon payment of the prescribed fee and payment of any prescribed deposit, issue a licence in respect of any local fishing vessel, fishing stakes, fishing appliance, fish-aggregation device or marine culture system, subject to such conditions as he thinks fit to impose or which may be prescribed in regulations made under this Act.

(2) No licence shall be issued in respect of any fishing stakes, fishing appliance, fish-aggregation device or marine culture system which causes or is likely to cause any obstruction to navigation or any impediment to the natural flow of water in Malaysian fisheries waters.

[Am. Act A1601]

(3) Any person who, in Malaysian fisheries waters-

(a) operates, or allows to be operated, any fishing stakes, fishing appliance, fish-aggregation device or marine culture system without a licence in respect thereo

12 PART IV GENERAL LICENSING PROVISIONS-12. Non-commencement of fishing operations.

(1) The Director-General may cancel any licence or permit issued under this Act if after three months from the date of its issue fishing operations to which the licence or permit relates have not commenced, and the licensee or permit holder shall surrender his licence or permit immediately after being notified of such cancellation.

(2) Before the Director-General makes a decision to cancel such licence or permit, the licence or permit holder concerned shall be given the opportunity to show cause why his licence or permit should not be cancelled.

13 PART IV GENERAL LICENSING PROVISIONS-13. Refusal to license or suspension or cancellation of licence.

(1) The Director General may refuse to issue or renew any licence under this Act or may cancel, or suspend for such period as he thinks fit, any licence issued under this Act where he is satisfied that it is necessary so to do for the proper management of any particular fishery in accordance with the fisheries plan applicable to that fishery and with any directions issued by the Director General in the implementation of that plan.

(2) The Director General shall refuse to issue a licence in respect of any local fishing vessel in any of the following cases:

(a) where the vessel is required to be registered under the law relating to merchant shipping but has not been so registered;

(b) where the vessel is required to have a valid certificate of inspection issued in respect of it under the law relating to merchant shipping but does not have such certificate;

(c) where the vessel is not

14 PART IV GENERAL LICENSING PROVISIONS-14. Period of validity of licence and non- transferability.

(1) Any licence issued under this Act shall, unless suspended or cancelled or unless otherwise specified in such licence, be valid for a period of not more than twelve calendar months from the date of issuance of such licence.

(1A) Subsection (1) shall not apply to any licence issued before the date of coming into force of that subsection, and any licence in force on such date shall continue to be in force for the remaining period of its validity.

(2) (a) Any person who modifies or changes, or permits to be modified or changed, the horsepower, size or tonnage of a licensed fishing vessel or the fishing appliance which it is licensed to operate without the written permission of the Director General shall be guilty of an offence.

(b) The Director General shall refuse permission for a licensed fishing vessel or fishing appliance to be modified or changed unless he is satisfied that it is necessary so to do for the

14A PART IV GENERAL LICENSING PROVISIONS-14A. Presumption in respect of person found on board any local fishing vessel.

For the purpose of this Part, where any person not being a Malaysian citizen is found on board any local fishing vessel in Malaysian fisheries waters, such person shall be presumed, unless the contrary is proven, to be a crew member of such fishing vessel.

[Am. Act A1601]

15 PART V FOREIGN FISHING VESSELS-15. Fishing, etc , by foreign fishing vessel in Malaysian fisheries waters.

(1) Subject to subsection (2), no foreign fishing vessel shall do any of the following in Malaysian fisheries waters:

(a) fish or attempt to fish; or

(b) subject to subsection (1A), conduct any technoeconomic research or survey of any fishery,

unless authorized so to do under an international fishery agreement in force between the Government of Malaysia and the government of the country, or between the Government of Malaysia and the international organization, to which such vessel belongs or in which such vessel is registered, as the case may be, and under a permit issued under section 19.

(1A) Notwithstanding paragraph (b) of subsection (1), a foreign fishing vessel may conduct any techno-economic research or survey of any fishery in the Malaysian fisheries waters subject to the general directions of the Director-General and the following conditions, that is-

16 PART V FOREIGN FISHING VESSELS-16. Passage of foreign fishing vessel through Malaysian fisheries waters.

(1) Subject to subsections (2) and (3) a foreign vessel may enter Malaysian fisheries waters, for the purpose of passage through such waters in the course of a voyage to a destination outside such waters.

(2) Such passage, which shall be exercised in accordance with rules of international law of the sea relating to the relevant maritime regime applicant to such Malaysian fisheries waters, includes stopping and anchoring only-

(a) if the vessel is in distress;

(b) for the purpose of obtaining emergency medical assistance for a member of its crew; or

(c) to render assistance to persons, ships or aircraft in danger or distress.

(3) The master of a foreign fishing vessel entering Malaysian fisheries waters for the purpose mentioned in subsection (1) shall notify by radio, telex, or fascimile in the English or Malay Language an authorized officer of the name, the f

17 PART V FOREIGN FISHING VESSELS-17. Undertaking to be included in international fishery agreement.

Every international fishery agreement to in section 15 shall include an undertaking by the government of the country, or by the international organization, which is a party to the agreement with the Government of Malaysia to comply or ensure compliance by its fishing vessels with the provisions of this Act.

18 PART V FOREIGN FISHING VESSELS-18. Director General to take account of certain matters in considering application for permit.

(1) The Director-General shall in considering an application for a permit under section 19 in respect of a foreign fishing vessel take into account the following matters:

(a) the needs of Malaysian fishermen and the provisions of the fisheries plans referred to in Part III;

(b) the extent of co-operation given and contributions made by the relevant country or relevant international organization towards fishery research, identification of fish stocks, the conservation, management and development of fishery resources within Malaysian fisheries waters, and compliance with the laws of Malaysia relating to such resources by the country or international organization;

(c) the assistance given by the applicant, relevant country or international organization in the development of the fishing industry of Malaysia, in the training of Malaysian personnel and the transfer of technology to the fishing i

19 PART V FOREIGN FISHING VESSELS-19. Permit in respect of foreign fishing vessel.

(1) (a) Any application to the Director-General for a permit to be issued in respect of a foreign fishing vessel to fish in Malaysian fisheries waters shall be made through a Malaysian agent who shall undertake legal and financial responsibility for the activities to be carried out by such vessel.

(b) Notwithstanding subsection (1) (a) , the Director- General may require the payment of such sum of money as he may specify by way of security for the activities to be carried out by such vessel.

(2) Subject to section 21, any permit issued under this section shall be valid for a maximum period of one year and shall be subject to such conditions, and the payment of such sum of money, as the Director-General may specify, in addition to the payment of such sum of money as may be required under subsection (1) (b) and such fees as may be prescribed in regulations made under this Act.

(3) Without prejudice

20 PART V FOREIGN FISHING VESSELS-20. Bringing into or having in Malaysian fisheries waters fish taken or received from foreign fishing vessel.

Any person who brings into or has in his possession, custody or control in Malaysian fisheries waters fish taken or received from a foreign fishing vessel shall, unless he is authorized in writing so to do by the Director- General, be guilty of an offence.

21 PART V FOREIGN FISHING VESSELS-21. Cancellation or suspension of permit.

(1) The Director-General may cancel or suspend any permit-

(a) where there has been any contravention of any provision of this Act or any condition in the permit; or

(b) where he is satisfied that such action is necessary or expedient for the proper management of fisheries.

(2) Where any permit has been cancelled or suspended under subsection (1) (b) , the proportion of any fees paid for the permit representing the unexpired period of the permit shall be reimbursed to the permit holder but there shall be no such reimbursement whatsoever where the permit has been otherwise cancelled or suspended.

22 PART V FOREIGN FISHING VESSELS-22. Variation of conditions in permit.

Where he is satisfied that it is necessary or expedient for the proper management of fisheries so to do, the Director-General may from time to time vary the conditions of a permit issued under this Part but due notice of such intended variation shall be given to the permit holder who shall, if he so desires, have the right to be heard within such period as the Director-General may allow.

23 PART V FOREIGN FISHING VESSELS-23. Director-General's decision not reviewable.

The decision of the Director-General under section 21 or 22 shall not be reviewable or called into question in any court on the ground that such decision was not necessary or expedient for the proper management of fisheries.

24 PART V FOREIGN FISHING VESSELS-24. Liability of persons in respect of foreign fishing vessel.

(1) Where there has been a contravention of any provision of this Part or subsidiary legislation made for the purposes of this Part, the owner, master and every member of the crew of the foreign fishing vessel concerned shall each be guilty of an offence.

(2) In this Part and in such subsidiary legislation, "member of the crew" does not include any personnel or observer who is a citizen of Malaysia and who is on the foreign fishing vessel pursuant to a condition of the permit issued in respect of such vessel.

25 PART VI OFFENCES-25. Offences under Act.

Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence and where no special penalty is provided in relation thereto, such person shall be liable-

(a) Where the vessel concerned is a foreign fishing vessel or the person concerned is a foreign national, to a fine not exceeding one million ringgit each in the case of the owner or master, and one hundred thousand ringgit in the case of every member of the crew;

[Am. Act A1601]

(aa) where the vessel concerned is a local fishing vessel and the offence is committed on the high seas, to a fine not exceeding four million ringgit;

[Ins. Act A1601]

(b) in all other cases, to a fine not exceeding fifty thousand ringgit or a term of imprisonment not exceeding two years or both.

26 PART VI OFFENCES-26. Fishing with explosives, poisons, etc.

(1) Any person who:

(a) uses or attempts to use any explosive, poison or pollutant, or any apparatus utilizing an electric current, or any prohibited gear, for the purpose of killing, stunning, disabling or catching fish, or in any other way rendering such fish more easily caught;

(b) carries or has in his possession or under his control any explosive, poison or pollutant, or any apparatus utilizing an electric current, or any prohibited gear, with the intention of using such explosive, poison or pollutant, or apparatus, or prohibited gear, for any of the purposes referred to in paragraph (a) ; or

(c) knowing or having reasonable cause to believe that any fish is a prohibited species or has been taken in contravention of the provisions of this Act, receives or is found in possession of such fish,

shall be guilty of an offence.

(2) Any explosive, poison

27 PART VI OFFENCES-27. Aquatic mammals or turtles in Malaysian fisheries waters.

(1) No person shall fish for, disturb, harass, catch or take any aquatic mammal or turtle which is found beyond the jurisdiction of any State in Malaysia.

(2) The provisions of the relevant State law shall apply in respect of aquatic mammals and turtles which are found within such jurisdiction.

(3) Where any aquatic mammal or turtle which is found beyond such jurisdiction is caught or taken un-avoidably during fishing, such aquatic mammal or turtle shall, if it is alive, be released immediately or, if it is dead, the catching or taking thereof shall be reported to a fisheries officer and the aquatic mammal or turtle shall be disposed of in accordance with his directions.

(4) Any person who contravenes subsection (1) subsection (3) shall be guilty of an offence and shall be liable to a fine not exceeding five thousand ringgit.

28 PART VI OFFENCES-28. Wilful damage to fishing vessel, etc .

Any person who wilfully damages or destroys any fishing vessel, fishing stakes, fishing appliance, fish-aggregation device or marine culture system shall be guilty of an offence.

29 PART VI OFFENCES-29. Destroying incriminating evidence.

Any person who destroys or abandons any fish, aquatic mammal, turtle, fishing appliance, explosives, poison, pollutant, apparatus, prohibited gear or any other thing, with intent to avoid its seizure or the detection of any offence under this Act shall be guilty of an offence.

30 PART VI OFFENCES-30. Master and employer liable.

(1) Where an offence under this Act has been committed by any person on board a fishing vessel, the master and owner of such vessel shall each also be deemed to be guilty of that offence.

(2) Where an offence under this Act has been committed by a company, partnership, firm or business every director and every officer of that company directly connected with the activity resulting in the commission of the offence, every member of that partnership and every person concerned with the management of that firm or business shall be guilty of that offence.

31 PART VI OFFENCES-31. Compounding of offences.

(1) Subject to the following subsections, any fisheries officer the Director General may, with the consent in writing of the Public Prosecutor, offer to may compound any offence under this Act for a sum not below five hundred ringgit and not exceeding the maximum fine for that offence, provided that it is a first, second or third offence only:

[Am. Act A1601]

Provided further that for any offence under subsection 43(1) the compound shall not be less than one hundred ringgit.

(1A) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

32 PART VI OFFENCES-32. Sessions Court and Court of Magistrate of First Class to have full jurisdiction and powers under Act.

(1) Not withstanding any written law to the contrary, any offence committed under this Act shall be deemed to have been committed in Malaysia for the purpose of conferring jurisdiction on a court to try that offence, and a Sessions Court or a Court of a Magistrate of the First Class shall each have full jurisdiction and powers for all purposes under this Act.

(2) Subsection (1) shall not be construed as derogating in any way from the jurisdiction and powers of the High Court to try any offence under any written law.

(3) Any proceedings under this Act shall be brought before the Sessions Court or the Court of a Magistrate of the First Class which is nearest the place where the offence under this Act was committed or which is located in the most convenient place for trial in the circumstances of the case, as determined by the Public Prosecutor.

(4) This section shall be without prejudice to the provisions of the Criminal Procedure

33 PART VI OFFENCES-33. Power of court to order cancellation of licence or permit.

(1) Where any person is charged with and found guilty of an offence under this Act the court shall, in addition to any other penalty that may be imposed, order that any licence or permit issued under this Act in relation to which the offence has been committed be cancelled.

(2) Where any person to whom a licence or permit has been issued under this Act is charged with and found guilty of a second or subsequent offence under this Act, the court shall, in addition to any other penalty that may be imposed, direct that such person be disqualified from holding a licence or permit under this Act for a period not exceeding five years, and such person shall be guilty of an offence if he obtains or attempts to obtain any licence or permit under this Act while he is so disqualified.

34 PART VI OFFENCES-34. Court may order forfeiture of seized vessel, etc , in certain circumstances.

Where it is proved to the satisfaction of a court that any vessel, vehicle, article or thing seized under this Act was the subject-matter of, or was used in the commission of, an offence under this Act, the court may order the forfeiture of such vessel, vehicle, article or other thing notwithstanding that no person may have been found guilty of such offence.

35 PART VI OFFENCES-35. Presumption as to maps, plans or charts made by authority of Governments.

For the purposes of this Act, the court shall presume that maps, plans or charts purporting to be made by the authority of-

(a) the Federal Government;

(b) the Government of any State in Malaysia; or

(c) the Government of a "state" as defined in section 2 of the Exclusive Economic Zone Act 1984 and approved by the Federal Government or the Government of any State in Malaysia for use,

were so made and are accurate.

36 PART VI OFFENCES-36. Minister may appoint other persons to be authorized officers.

Without prejudice to the DEFINITION of "authorized officer" in section 2, the Minister may, by order in the Gazette , appoint such other person or class of persons as he may consider necessary to be an authorized officer or authorized officers for the purposes of this Act.

37 PART VII TURTLES AND INLAND FISHERIES-37. Promotion of development and management of inland fisheries.

The Director-General may, in consultation with the State Authority concerned, promote the development and rational management of inland fisheries through-

(a) the conduct or co-ordination of research;

(b) the provision and maintenance of experimental and demonstration aquaculture stations, fish-breeding stations and training centres;

(c) the provision of advice and technical assistance to the appropriate authorities of the State;

(d) the provision of publicity and demonstration facilities and other connected services; and

(e) the provision of advice on measures for the prevention of fish diseases.

38 PART VII TURTLES AND INLAND FISHERIES-38. Power of State Authority and Minister to make rules concerning turtles and inland fisheries.

(1) The State Authority or, in respect of the Federal Territories of Kuala Lumpur and Labuan, the Minister may make rules specifically or generally for the proper conservation, development, management and regulation of turtles and inland fisheries in any State in Malaysia or in the Federal Territories of Kuala Lumpur and Labuan, as the case may be, and may, in particular, make rules for all or any of the following purposes:

(a) to promote and regulate aquaculture in riverine waters and, in particular, provide for the leasing and licensing of lakes, swamps, mining pools and other pools and land and other areas for the cultivation of fish, prescribe standards for the construction and operation of aquaculture establishments (including the size and depth of ponds), measures for the prevention of fish diseases and controls over particular species of fish which may be produced by cultivation.

(b) to provide for

39 PART VIII AQUACULTURE-39. Development of aquaculture.

The Director-General may, and in consultation with the State Authority concerned where it relates to inland fisheries in the States of Malaysia, promote the development of aquaculture in Malaysia.

40 PART VIII AQUACULTURE-40. Control of live fish.

(1) Any person who-

(a) imports into or exports out of Malaysia;

(b) transports from Peninsular Malaysia into the Federal Territory of Labuan or the State of Sabah or Sarawak;

(c) transports from the Federal Territory of Labuan or the State of Sabah or Sarawak into Peninsular Malaysia;

(d) transports from the Federal Territory of Labuan into the State of Sabah or Sarawak;

(e) transports from the State of Sabah into the Federal Territory of Labuan or the State of Sarawak; or

(f) transports from the State of Sarawak into the Federal Territory of Labuan or the State of Sabah,

live fish without a permit or in breach of any condition in a permit issued by the Director General under this section shall be guilty of an offence.

(2) The Director General may impose such conditions as he thinks fit in the permit, includi

41 PART IX MARINE PARKS AND MARINE RESERVES-41. Establishment of marine park or marine reserve.

(1) The Minister may by order in the Gazette establish any area or part of an area in Malaysian fisheries waters as a marine park or marine reserve in order to-

(a) afford special protection to the aquatic flora and fauna of such area or part thereof and to protect, preserve and manage the natural breeding grounds and habitat of aquatic life, with particular regard to species of rare or endangered flora and fauna;

(b) allow for the natural regeneration of aquatic life in such area or part thereof where such life has been depleted;

(c) promote scientific study and research in respect of such area or part thereof;

(d) preserve and enhance the pristine state and productivity of such area or part thereof; and

(e) regulate recreational and other activities in such area or part thereof to avoid irreversible damage to its environment.

<

41A PART IX MARINE PARKS AND MARINE RESERVES-41A. Establishment of the National Advisory Council for Marine Park and Marine Reserve and membership.

(1) The Minister may establish the National Advisory Council for Marine Park and Marine Reserve.

(2) The National Advisory Council for Marine Park and Marine Reserve shall consist of the following members to be appointed by the Minister:

(a) the Secretary-General of the Ministry of Agriculture;

(b) a representative of the State Government Concerned;

(c) a representative of the Ministry charged with the responsibility for finance;

(d) a representative of the Ministry charged with the responsibility for science, technology and environment;

(e) a representative of the Fisheries Department;

(f) a representative of the Department of Wildlife and National Park;

(g) a representative of the Implementation and Coordination Unit of the Prime Minister's Department;

(h) a representative of the Malaysia Tourism

41B PART IX MARINE PARKS AND MARINE RESERVES-41B. Functions of the National Advisory Council for Marine Park and Marine Reserve.

The National Advisory Council for Marine Park and Marine Reserve shall advise the Minister on any matter relating to a marine park or marine reserve area in particular-

(a) to determine the guideline for the implementation at the national level with respect to protection, conservation, utilization, control, management and progress of the marine park and marine reserve areas;

(b) to coordinate the development of any area of a marine park or marine reserve with the Federal Government and any body corporate; and

(c) to give technical advice to the State Government with respect to any development project on any island which is situated in a marine park or marine reserve area.

42 PART IX MARINE PARKS AND MARINE RESERVES-42. Powers and responsibility of Director-General.

The Director-General shall have the powers of general supervision and direction and the responsibility of co-ordination in respect of all matters relating to marine parks and marine reserves in Malaysian fisheries waters.

43 PART IX MARINE PARKS AND MARINE RESERVES-43. Offence to do certain acts without written permission of Director General.

(1) Any person who in any marine park or marine reserve in Malaysian fisheries waters without the permission of the Director-General in writing-

(a) fishes or attempts to fish;

(b) takes, removes or is in possession of any aquatic animal or aquatic plant or part thereof, whether dead or alive;

(c) collects or is in possession of any coral, dredges or extracts any sand or gravel, discharges or deposits any pollutant, alters or destroys the natural breeding grounds or habitat of aquatic life, or destroys any aquatic life;

(d) constructs or erects any building or other structure on or over any land or waters within a marine park or marine reserve,

(e) anchors any vessel by dropping any kind of weight on, or by attaching any kind of rope or chain to, any coral, rock or other submerged object; or

(f) destroys, defaces or removes any object, whe

44 PART IX MARINE PARKS AND MARINE RESERVES-44. Absolute Prohibition of certain weapons.

(1) No person shall carry, use or possess within a marine park or marine reserve in Malaysian fisheries waters-

(a) any spring-gun, spear gun, spearfishing equipment, harpoon or suction gun; or

(b) any other kind of weapon potentially harmful to any aquatic plant life, aquatic animal life or to the coral reef structure.

(2) The use of any weapon referred to in subsection (1) from beyond the limits of the marine park of marine reserve and aimed at or directed into the marine park or marine reserve is also prohibited.

45 PART IX MARINE PARKS AND MARINE RESERVES-45. Power to make regulations.

(1) The Minister may make regulations specifically or generally for the zoning, management, development, control and protection of marine parks and marine reserves in Malaysian fisheries waters and for the purposes of this Part.

(2) The Minister may make different regulations under subsection (1) in respect of different marine parks and marine reserves and such regulations may provide for the division of the parks and reserves into zones and may set out the conditions under which each zone shall be established and maintained.

46 PART X ENFORCEMENT-46. Powers of authorized officer.

For the purpose of ensuring compliance with the provisions of this Act, any authorized officer may where he has reason to believe that an offence has been committed under this Act, without a warrant-

(a) stop, board and search any vessel within Malaysian fisheries waters and make any enquiry, examination and inspection concerning the voyage and seaworthiness of that vessel, its crew, equipment or fishing appliance, or fish carried on board that vessel;

(b) stop, board and search, and inspect any vessel or vehicle transporting fish, whether within Malaysian fisheries waters or on land;

(c) require to be produced and examine any fishing appliance whether within Malaysian fisheries waters or on land;

(d) examine any fishing stakes, fish-aggregation device or marine culture system within Malaysian fisheries waters;

(e) inspect any licence, permit, record, cert

47 PART X ENFORCEMENT-47. Powers of entry, seizure and arrest, etc .

(1) Any authorized officer may, where he has reason to believe that an offence has been committed under this Act, without a warrant-

(a) enter and search any place in which he has reason to believe that an offence under this Act is about to be or has been committed;

(b) take samples of any fish found in any vessel or vehicle inspected under section 46 or any place searched under paragraph (a) ;

(c) arrest any person who he has reason to believe has committed an offence under this Act;

(d) seize any vessel, including its equipment, gear, furniture, appurtenances, stores and cargo, or any vehicle which he has reason to believe has been used in the commission of any offence or in relation to which any offence has been committed under this Act;

(e) seize any fish which he has reason to believe has been caught in the commission of an offence under this

47A PART X ENFORCEMENT-47A. Fisheries officer's power of investigation.

(1) Any fisheries officer shall have the power to investigate the commission of any offence under this Act.

(2) Every person required by a fisheries officer to give information or produce any document or other article relating to the commission of such offence which is in the person's power to give shall be legally bound to give the information or to produce the document or other article.

47B PART X ENFORCEMENT-47B. Fisheries officer's power to require attendance of witnesses.

(1) A fisheries officer making an investigation for any offence under this Act may by order in writing require the attendance before himself of any person who appears to the officer to be acquainted with the circumstances of the case, and such person shall attend as to required.

(2) If any person refuses to attend as so required, such officer may report such refusal to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of such person as required by such order aforesaid.

(3) A person attending as required under subsection (1) shall be entitled to be paid reasonable travelling and subsistence expenses incurred by him and it shall be lawful for the Director-General to pay such expenses.

47C PART X ENFORCEMENT-47C. Examination of witnesses by fisheries officer.

(1) A fisheries officer making an investigation under this Act, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer all questions relating to such case put to him by such officer;

Provided that such person may refuse to answer any question which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

(4) A fisheries officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).

(5) A statement made by any person under this section shall whenever possible be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, af

47D PART X ENFORCEMENT-47D. Procedure where investigation cannot be completed within twenty-four hours by a fisheries officer.

(1) Whenever any person arrested and detained in custody by a fisheries officer for an offence under this Act, and it appears that the investigation cannot be completed within the period of twenty-four hours from the time the person is arrested, any fisheries officer may produce such person before a Magistrate for the purpose of subsection (2).

(2) The Magistrate before whom such person is produced under subsection (1) may, whether he has or has no jurisdiction to try the case, from time to time authorise the detention of such person in such custody as such Magistrate thinks fit for a term not exceeding fifteen days on the whole.

48 PART X ENFORCEMENT-48. Sale of fish or other article of a perishable nature.

(1) Any fish or other article of a perishable nature seized under this Act may, on the direction of the Director-General, be sold and the proceeds of the sale shall be held and dealt with in accordance with the provisions of this Act.

(2) The Government of Malaysia shall not be liable to any person for any deterioration, howsoever caused, in the quality of any fish or other article seized under this Act.

49 PART X ENFORCEMENT-49. Seizure and forfeiture of vessel, etc .

(1) Where any vessel, vehicle, article or thing is seized under this Act and there is no prosecution in respect thereof, such vessel, vehicle, article or thing shall be held for a period of one calendar month from the date of seizure at the end of which period it shall be deemed to be forfeited, unless a written claim thereto is received within the aforesaid period.

(2) Where any written claim is received under subsection (1), it shall be referred by the Director-General to the Sessions Court or to a Court of a Magistrate of the First Class for its decision as to the disposal of the vessel, vehicle, article or thing, which may, subject to section 50, be held pending the conclusion of such proceedings.

(3) The Court concerned shall issue a summons requiring the claimant and the person, if any, from whom the vessel, vehicle, article or thing was seized to appear the Court and upon the appearance of such claimant or person, or upon his fai

50 PART X ENFORCEMENT-50. Temporary return of vessel, etc , seized.

(1) Where any vessel, vehicle, article or thing is seized under this Act, the Director-General may temporarily return the vessel, vehicle, article or thing to the owner thereof or to the person from whose possession, custody or control it was seized, subject to such terms and conditions (including the suspension of a licence or permit issued under this Act) as the Director-General may impose and subject, in any case, to sufficient security being furnished to the satisfaction of the Director-General that the vessel, vehicle, article or thing shall be surrendered to him on demand and that the said terms and conditions, if any, shall be complied with.

(2) Notwithstanding subsection (1), the security to be furnished thereunder shall not be less than the aggregate value of the vessel (including its equipment, furniture, appurtenances, stores, cargo and fishing appliance), vehicle, article or thing.

(3) Any person who-

51 PART X ENFORCEMENT-51. Costs of holding vessel, etc , in custody.

Where any vessel, vehicle, article or thing is held in the custody of the Government of Malaysia pending completion of any proceedings in respect of an offence under this Act, the costs of holding the vessel, vehicle, article or thing in custody shall, in the event of any person being found guilty of the offence, be a debt due to the Government of Malaysia jointly and severally by the licencee, the permit holder, the owner, and the master of the vessel, and shall be recoverable accordingly.

52 PART X ENFORCEMENT-52. Forfeiture and disposal of vessel etc.

(1) Where any person is found guilty of any offence-

(a) under paragraph 8(a), subsections 11(3), (3A), 15(1) or section 26; and

[Am. Act A1601]

(b) for the contravention of an condition of licence relating to permitted fishing areas under the licence,

the court shall, in addition to any other penalty that may be imposed-

(i) order that the vessel (including its equipment, furniture, appurtenances, stores, cargo and fishing appliance), vehicle, article or thing used in the commission of such offence or in relation to which such offence has been committed be forfeited; and

(ii) order that any fish caught in the commission of such offence or the proceeds of the sale of any fish or other article of a perishable nature referred to in section 48, and any explosive, poison, pollutant. apparatus or prohibited gear used or intended

53 PART X ENFORCEMENT-53. Obstruction of authorized officer.

Any person who resists or wilfully obstructs any authorized officer or fails to comply with any requirement made by any authorized officer in the exercise of his powers and duties under this Act shall be guilty of an offence and liable to a fine not exceeding twenty thousand ringgit.

54 PART X ENFORCEMENT-54. Authorized officer to declare office.

Any authorized officer when discharging his functions or duties or exercising his powers under this Act shall, on demand, produce to any person against whom he is taking action, such identification or written authority to show that he is an authorized officer for the purposes of this Act.

55 PART X ENFORCEMENT-55. Bar to actions.

(1) No action shall be brought against any authorized officer in respect of anything done or omitted to be done by him in good faith in the execution or purported execution of his functions, powers and duties under this Act.

(2) No action shall lie against the Government of Malaysia or any authorized officer for any damage caused to any vessel (including its equipment, furniture, appurtenances, stores, cargo and fishing appliance), vehicle, article or thing seized under this Act unless there is prima facie evidence of gross negligence.

56 PART X ENFORCEMENT-56. Presumption.

(1) Subject to subsection (2), where-

(a) any fish ; or

(b) fishing appliance or other equipment for fishing,

is found on board a foreign fishing appliance or equipment, as the case may be, shall be presumed, unless the contrary is proved-

(i) to have been caught in Malaysian fisheries waters; or

(ii) to have been used for fishing in Malaysian fisheries waters,

respectively without a permit issued under this Act.

(2) A radio call made by a foreign fishing vessel to an authorized officer before entering Malaysian fisheries waters-

(a) notifying that the vessel is exercising its passage through Malaysian fisheries waters; and

(b) notifying its proposed route and the quantity of fish on board,

and showing proof, where such vessel is stopped, boarded and searched

57 PART XI GENERAL PROVISIONS-57. Service of documents.

(1) Where any document is to be served under this Act of any person, that document may be served-

(a) in any case by delivering a copy thereof personally to the person to be served;

(b) if the document is to be served on the master of a vessel or on a person employed on a vessel, by leaving the same for him on board that vessel with the person who is, or appears to be, in command or charge of the vessel;

(c) by affixing a copy of the document to any conspicuous part of his house or of the vessel or vehicle; or

(d) by registered letter addressed to his last place of abode.

(2) A document which is to be served on the master of a vessel registered in Malaysia or licensed or permitted to fish under this Act may, if the master cannot be found, be served on the owner or the manager of the vessel or, if there is no manager, on some agent of the owner residin

58 PART XI GENERAL PROVISIONS-58. Exemption for certain purposes.

The Director-General may, by order in writing, for the purpose of research or training or survey or economic feasibility of any fishing activity, or the proper conservation and management of fisheries, exempt, subject to such conditions as he may impose, any vessel or person from all or any of the provisions of this Act.

59 PART XI GENERAL PROVISIONS-59. Registers of licences and permits.

Registers showing particulars of the licences and permits issued under this Act shall be maintained and kept at such places or places as the Director-General shall specify.

60 PART XI GENERAL PROVISIONS-60. Exemptions.

Nothing in this Act shall apply to the areas defined in the Schedules to the River Rights Enactment, or to the area known as Karang Ayer Leleh and defined in the Schedule to the Karang Ayer Leleh Enactment, or shall affect the exclusive rights of a Ruler to fish within and over the said areas.

61 PART XI GENERAL PROVISIONS-61. Power of Minister to make regulations.

The Minister may make regulations specifically or generally for the proper conservation, development and management of maritime and estuarine fishing and fisheries in Malaysian fisheries waters and in respect of related industries, for the monitoring, control and surveillance of local fishing vessels on the high seas, for the proper conservation, development, management and regulation of turtles beyond the jurisdiction of any State in Malaysia, and for the implementation of the provisions of this Act, including but not restricted to regulations for all or any of the following purposes:

[Am. Act A1601]

(a) to prescribe the rules and procedures in respect of foreign capital investment and joint-venture proposals in fisheries, including the procedures for effective transfer of technology and training of Malaysian personnel;

(b) to prescribe the number, nationality and compositio

62 PART XI GENERAL PROVISIONS-62. Repeal.

The Fisheries Act 1963 [Act 210] is repealed.