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斯里兰卡渔业和水产资源法
Fisheries and Aquatic Resources Act
【发布部门】斯里兰卡国会 【发文字号】
【发布日期】2017年07月25日 【实施日期】1996年01月11日
【时效性】现行有效 【效力级别】法律
【法规类别】斯里兰卡法规规划 【来源】联合国粮农组织网站

斯里兰卡渔业和水产资源法

【法律沿革】

本法于1996年1月11日颁布实施,历经2000年、2004年、2006年、2013年、2015年、2016年和2017年的修改。

【内容介绍】

本法分10部分,共计67条,内容涉及斯里兰卡渔业和水产资源的管理、规则、养护和开发,实现斯里兰卡在国际和区域渔业协议下的义务,删除部分涉及渔业的法律法规,以及其他相关事务。具体包括行政管理、斯里兰卡水域及公海的捕鱼许可证管理、本地渔船注册、鱼类和其他水产资源保护、养护、水产养殖、争端解决、违犯与处罚、一般规定。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC004092


渔业和水产资源法Fisheriesand Aquatic Resources Act)


No. 2of1996

No.4of2000

No.4of2004

No.22of2006

No.35 of 2013

No.2 of 2015

No.2 of 2016

1. This Act may be cited as the Fisheries and AquatlcResourcesAct, No. 2of1996.

PARTI

ADMINISTRA TlON

2.(1) There shall be appointed-

(a) a person, by name or by office, to be or toactas the Director-General of Fisheries andAquatic Resources (hereinafter referredto asthe“Director-General”;

(b) one or more persons, by name or office. Tobe orto act as Director of Fisheries andAquatic Resources: and

(c) such other offioers as may from rime to timeberequired for the purposes of this Act.

(2) The Director-General shall be responsible fortheadministration and giving effect to the provisions of thisAct.

(3) Any person appointed under subsection (1) to beorto act as a Director of Fishenes and Aquatic Resourcesmay, subject to thecontrol of the Director-General.exercise ail or any of the powers conferredupon theDirector-General by or under this Act.

(4) All officers appointed under this section shallondeemed to be public servants within the meaning of thePenal Code.

(5) All officers (not below the rank ofPreventiveSergeant) appointed under this section shall be deemedto be peaceofficers within the meaning and for thepurposes of the Code of CriminalProcedure Act. No. 15of 1979.

3.(1) There shall be a Fisheries and AquaticResourcesAdvisory Council (hereinafter referred to as the “Council”) whichshall consist of-

(a) the Secretary to the Ministry of theMinisterappointed under Article 44 of the Constitutionto whom the subject ofFisheries and AquaticResources has been assigned. who shall bethe Chairman ofthe Council:

(b) the Director-General;

(c) the Secretary to the Ministry of the Ministerofthe Board of Minsters of every province toWhom the subject of fishe~ hasbeenassigned;

(d) the Chairman of the Council of theNationalInstitute of Fisheries and Nautical Engineering,estabflshed under theNat.lanai Institute ofFisheries and Nautical Engineering Act, No. 36of 1999;

(e) the Director of Planning and Monitoring oftheMinistry of Fisheries, who shall be theSecretary of the Council;"

(f) the Chairman of the NationaJ AquaticResourcesResearch and DevelopmentAgency ;

(g) the Chairman of the Ceylon FisheriesCorporationestablished under the StateIndustrial Corporations Act ;

(h) the Chairman of the Ceylon FisheryHal'boursCorporation established under theState Industrial Corporations Act

(i) the Secretary to the Ministry of the Ministertowhom the subject or Environment isassigned, or his nominee.

(j) the Director-General of the CoastConservationend Coastal ResourceManagement Department, established underCoast Conservationand Coastal ResourceManagement Act. No. 57of1981:": and

(ja) the Chairman of the NationalAquacultureDevelopment Authoclty of Sri Lankaestablished under the NationalAquacultureDevelopment Authority of Sri Lanka Act No.53of1998;

(jb) the Director-General (Technical) oftheMlnrstry of Fisheries;

(jc) the Directoc-General of the Department ofCoastGuard, established under theDepartment of Coast Guard Act. No. 41 of2009;

(jd) the Conservator-General of Forests.appointedunder the Forest ConservationOrdinance (Chapter 451);

(je) the Commissioner-General ofAgrarianDevelopment, appointed under the AgrarianDevelopment Act, No. 46 of2000:

(jf) the Secretary to the Ministry of the Minister8to whom the subject of Irrigation has beenassigned, or his nominee;

(jg) the Secretary to the Ministry of theMinisterto whom the subject of Wild Life Conservationhas been assigned. or hisnominee:

(jh) the Secretary to the Ministry of theMlntsterto whom the subject of River Basins has beenassigned, or his nominee:

(ji) the Secretary to the Ministry of theMinisterto whom the subject of Land has beenassigned, or his nommee;

(ij) the Secretary to the Ministry of theMinisterto whom the subject of T oufism has beenassigned, or his nominee;

(jk) the President of the All Ceylon MadelOwnersFisheries Co-operative SocietyLimited, registered under theCo-operativeSocieties Law, No. 5 of 1972;

(jl) the Chalrman of National FisheriesFederation:

(jm) two persons engaged in fishing,nominated bythe National FisheriesFederation of Fisheries Organizations;

(jn) two persons engaged in fishing nomlna1edby theMulti Day Fishing Boat OwnersAssociation;".

(k) the Chairman of the Sri LankaNationalFederation of Fisheries Co-operative SocietiesLtd ;

(l) two persons engaged In fishing nominatedby theSri Lanka National Federation ofFisheries Co-operative Societies Ltct;

(m) the President of the Fishery ProductsExportersAssociation;

(n) the Chafnnan of the Association ofLiveOrnamental Fish Exporters of Sri Lanka ;

(o) two representatives of women engaged infishing:

(p) six other members appointed by theMinisterhereinafter referred to as “ appointedmembers”from among persons who shallhavespecial knowledge and experience In mattersrelating to the fisheriesIndustry or otherscientific disciplines.

(2) The Council may Invite such other persons as itmaythink fit to attend its meetings as observers.

(3) A person shall be disqualified from beingappointedor continuing as an appointed member of the Council-

(a) if he is, or becomes. a Member ofParfiament :or

(b) if he is not, or ceases to be, a citizen ofSriLanka

(4) Every appointed member of the Council shall, unlesshevacates office eartier or is removed from office by theMinister undersubsection (5), hold office for a period ofthree years and shall be eligiblefor reappointment.

(5)The Minister may remove from office anyappointedmembel of the Council without assigning any reasontherefor.

(6) In the event of the vacation of office of anyappointedmember, or his removal from office under the provisionsof subsection(5), the Minister shaU appoint anotherperson to hold such office for theunexpired period of theterm of office of his predecessor.

(7) If any appointed member is temporarily unabletodischarge the duties of his office due to Ill-health orabsence from Sri Lankaor for any other cause, theMinister shall appoint some other person to act inhisplace.

(8) Subject to the provisions of this Act. theCouncil shallmake rules regulating the procedure in regard to itsmeetings andthe transaction of business at suchmeetings.

(9) No act or proceeding of the Council shall be invalidbyreason only of the existence of a vacancy In theCouncil, or any defect In theappointment of a member ofthe Council.

4. Subject to the provisions of this Act, thefunctions andresponsibilities of the Council shall be-

(a) to advise the Minister on all matters relatingto themanagement, regulation, conservation and developmentof fisheries andaquatic resources In Sri Lanka waters:

(b) to consider, and advise the Minister on, suchothermatters as the Minister may refer to the Council foradvice; and

(c) to advise the Director on all such mattersrelating tothe administration of this Act, as he may refer to theCouncil foradvice.

5. The Secretary to the Ministry of the Ministershall, in consultationwith the Council, cause to be prepared from time to timea plan forthe management. regulation, conservation and development ofisfisheries and aquatic resources fn Sri Lanka.

PART II

Licensing of Fishing Operations in Sri LankaWaters

6.(1) No person shall engage in, or cause any otherpersonto engage in, any prescribed fishing operation in SriLanka Waters exceptunder the authority, and otherwisethan to accordance with the terms andconditions. of alicence issued by the Director.

(2) The Director may in writing detegate the powerofissuing licences to a Licensing Officer appointed underthis section and forthis purpose there may be appointedone or more Licensing Officers for eachAdministrativeDistrict.

(3) No officer below the rank of FisheriesInspector shallbe appointed to be a licensing Officer.

7.(1) Every application for a licence under secti~n6 shallbe made in the prescnbed form to the Licensing Officerof theAdministrative District In which the fishingoperation is to be carried out andshall be accompaniedby the prescribed fee.

(2) If there is no Licensing Officer appointed fortheAdministrative District in which the proposed fishingoperation is to becarried out such application may bemade to the Director.

(3) On receipt of an application under subsection(1 )or(2), the Licensing Officer or the Director as the case maybe, shalleither grant a licence or, for reasons to berecorded by hi m, refuse a licence

8. Every licence granted under this Part shall -

(a) be in such form as may be prescribed :

(b) unless it is cancelled earlier, be inforce for a periodof one year from the date of grant of the licence ;

(c) be subject to such terms and conditions as maybeprescribed with regard to the fishing operation for whichthe licence Isgranted.

9.(1) A licence granted under this Part shall beable onapplication made to the Licensing Officer of theAdministrative Districtnot less than thirty days before theexpiry of the Ucence.

(2) If there is no Licensing Officer appointed fortheAdministrative District in which the fishing operationauthorised by thelicence is carried on the application forthe renewal of the licence shall bemade to the Director.

(3) The Licensing Officer or the Director. as thecasemay be. shall renew the licence If he Is satisfied that-

(a) the licensee has observed the termsandcondition of such lioence ;

(b) there is no threat to the sustalnablltty offishor other aquatic resources as a result ofrenewing the licence : and

(c) the licensee has paid the prescribed fee fortherenewal! of the licence.

10. Director or the Licensing officer as the case maybe shall cancela licence granted by him under this Part If he is satisfied thatthelicensee ;

(a) has contravened any of the provision of thisAct. Orany regulation made thereunder or any terms andcondition of such licence: or

11.(1) Where the Director or the Licensing Officer,as theease may be. refuses to grant or renew a llcence orcancels a licence heshall communlcate such decisionand the reasons therefor to the applicant or thelicenseeas the case may be, by registered post.

(2) Any such decision shall be deemed to havebeencommunicated to an applicant or licensee as the casemay he, after theexpiry of a period of thirty daysreckoned from the date of dispatch ofsuchcommunication by " registered post to the usual pJace ofbusiness orresidence at such applicant or licensee, asthe case may be.

12.(1) The applicant or the licensee. as the case maybe,who is aggrieved by a decision communicated to himunder section 11 , mayappeal against such decision tothe Secretary of the Ministry of the Minister,in writing,within thirty days from the date on which the decisioniscommunicated to him.

(2) The Secretary may either -

(a) allow the appeal and direct the Director ortheLicensing Officer, as the case may be, togrant, renew, or revoke the ca~llationof thelicence; or

(b) disallow the appeal.

(3) The Director or the Licensing Officer. as thecasemay be, shall comply with any direction Issued to himunder subsection (2)by the Secretary.

(4) When an application for a licensor the renewalof alicence is refused under any of the preceding provisionsof this Act, theDirector or the licensing Officer. as thecase may be. shall refund to theapplicant or thelicensee, as the case may be, the fee accompanyingsuchapplication,

(5)The decision of the Secretary under this sectionshallbe final and conclusive.

13.(1) No licence granted under this Part shallbetransferable except with the sanction of the Director orthe Licensing Officeras the case may be, granting thelicence, and shall be endorsed upon suchlicence.

(2) No person whose licence has been cancetfedundersection 10 shall be entitled to have a licence transferredIn his name.

13A. The Director shall furnish particulars of aillicences granted,renewed, cancelled or transferred under the of licencesprovisions ofthis Part in respect of boats owned by persons residing inanyprovince to the Secretary of the Ministry of the Minister of the BoardofMinisters of that Province in charge of the subject of Fisheries.

14. The provisions of this Part shall not apply to anyforeign fishingboat used for fishing operations in Sri Lanka Waters undertheprovisions of the Regulation of Fishing Boats Act, No. 59 of 1979.

PART II A

LICENSING OF FISHING OPERATIONS IN THEHIGH SEAS .

14A. No person shall engage in any prescribed fishingoperations inthe High Sea. the High Seas, except under the authority, andotherwise than inaccordance with the terms and conditions. of a licence grantedbythe Director-General.

14B.(1) Every application for a licence under section14Ashall be made in the prescribed form to the DirectorGeneral,and shall beaccompanied by the declarationreferred to in subsection (2) and the prescribedfee.

(2)(a) An application under subsection (1) shallbeaccompanied by a declaration. on oath. Signedby the applicant stating Whetherhe has. or hasnot. been issued with a licence or a permit byanother State tofish In the High Seas.

(b) If the applicant declares that he hasbeenissued with a licence or a permit by anotherState to fish In the High Seas,he shan alsodeclare-

(i) the name of the State which hasissued suchlicence or permit, and the

date on which it was issued;

(ll) In case such licence or permit hasbeensubsequently suspended, the

date on which it was suspended. Andthe period forwhich it was suspended;

and

(iii) in case such licence or pennlt hasbeensubsequently cancelled, the date

on which It was cancelled.

(3) On receipt of an application under subsection(1) theDiector-Generat shall, subject to the provisions ofsubsection (4)eithergrant a licence or for reasons to berecorded by him, refuse to grant a licence.

(4) The Director-General shall refuse to grant alicenceunder subsection (3) if-

(a) the local fisrung boat in respect of Whichtheapplication has been made is not costructed inaccordance with thespecifications prescribedby regulations made under this Act;

(b) such boat is not registered under this Act;

(c) such boat is not marked In accordancewithuniform and internationally recognizable vesselmarking systems;

(d) the fishing gear carried on such boat is not markedin accordance with uniform andinternationally recognizable gear marking systemsenabling identification of the owner ofthe gear.

(e) such boat ts not equipped with avesselmonitoring system and communication equipment, which enabfes theDirector-generaland his staff to communicate effectively with such boat and toexercise control over theactivities of such boat;

(f) such boat is not equipped with thesafetyequipment prescribed by regulations madeunder this Act;

(g) the applicant has been authorized to usesuchboat for fishing in the High Seas by alicence or a permit issued by anotherState-

(i) such licence or permit has beensuspended for aperiod; and

(ii) the period of suspension is still inforce; or

(iii) such licence or permit has beencancelled; and

(iv) a period of three years has notelapsed sincesuch cancellation.

14C. Everylicence granted under this Part shall-

( a) be in such form as may be prescribed;

(b) unless suspended or cancelled earlier, be inforce fora period of one calendar year from the date of grant ofsuch licence;

(c) be subject to such terms and conditions as maybeprescribed with regard to the fishing operationsauthorized by such licence,including conditions relatingto the provision of information by the holder ofthe licenceregarding the area of operations of the local fishing boatto whichthe licence applies, and the retained catch, thediscarded catch and landings ofsuch boat in relation toeach fishing trip.

14D. (1) The Director-General shall cause to bemaintained aregister of all licences granted under this Part of the Act.Suchregister may also be maintained in electronic form.

(2) A copy or extract purporting to be certifledunder thehand of the Director-General to be a true copy of, orextract from, anyregister maintained under subsection(1) shall be admissible in evidence withoutproof of thesignature or appointment of the Director- General, andshall beprima facie evidence of the contents of suchregister for all purposes, and inall proceedings, civil orcriminal.

14E. Theholder of a licence granted under this Part shall causesuch licence to becarried at all times on the local fishing boat towhich the licence applies, andshall produce such licence forinspection when required to do so by a dulyauthorized officer.

14F. Theholder of a licence granted under this Part shall not use, orcause to be used,the local fishing boat to which the licence appliesfor fishing operations inwaters within the national jurisdiction ofanother State, unless authorized todo so in accordance with thelaws of that State.

14G. Theholder of a licence granted under this Part, authorizing theuse of a local fishingboat for fishing operations in the High Seasmeasures. shall not use such boat.or cause such boat to be used, incontravention of regulations, made by theMinister under section 61(t), implementing conservation and management measuresadopted--

(a) under the United Nations Convention on the Lawofthe Sea of December 10, 1982;

(b) by the Indian Ocean Tuna Commission;

(c) under the Fish Stocks Agreement 1995; and

(d) under the Food and Agriculture Organization(FAO) ofthe United Nations Agreement on Port State Measures toPrevent, Deterand Eliminate Illegal, Unreported andUnregulated Fishing 2009,

and which are binding on Sri Lanka.

14H.(1) Theholder of a licence granted under this part mayapply to the Director- Generalfor a renewal of thelicence, not less than thirty days before the expiry ofthelicence.

(2) The Director-General shall renew the licence ifhe issatisfied that-

(a) the local fishing boat to which the licenceappliescontinues to comply with the conditionsreferred to in section 14B (4);

(b) the holder of the licence has observed thetermsand conditions of such ficence;

(c) the holder of the licence has paidtheprescribed fee for the renewal of the licence; and

(d) the renewal of the licence will notundennlnethe effectiveness of theconservation and management measuresreferred to insection 14G. and implemented byregulations made under section 61.

14I. The Director-General shall, after giving the holderof a licencean opportunity of being heard, suspend a licence granted underthisPart, if he Is satisfied that such holder is being investigated forthecontravention of section 14F or section 4G. Any such suspensionshall beeffective until the conclusion of the investigation.

14J. The Director-General shall cancel a licencegranted under thisPart, if he is satisfied that-

(a) the holder of the ncence has been convicted ofanoffence under this Act;

(b) the holder of the licence has contravenedanyprovision of this Act or any regulation made thereunderor any term oroondition of such licence;

(c) the holder of the licence has used the localfishingboat to which the licence apply for unauthorized fishingin waters withinthe national jurisdiction of another State,or for unauthorized or illegalactivities in waters within thenational jurisdiction of another State or in theHigh Seas;

(d) the fishing boat to which the licence applieshasceased to be a local fishing boat; and

(e) the registration of the fishing boat hasbeencancelled.

14K. Where the Director-General refuses to grant orrenew a licenceor suspends or cancels a licence, he shall communicatesuchdecision and the reasons therefor to the applicant or to the licensee,asthe case may be.

14L.(1) The applicant or the licensee, as the case maybe.Who Is aggrieved by a decision communicated to himunder section 14K, mayappeal against such decision tothe Secretary of the Ministry of the Minister Inwriting,within thirty days from the date on which the decision iscommunicatedto him.

(2)(a) The Secretary shall refer every appealmadeto him under subsection (1) totheAppeals Advisory Committee foritsrecommendations on such appeal.

(b) The Appeals Advisory Committee shall consist ofthree persons appointed by theSecretaly from amongst persons who have knowledgeand expertence in the managementand conservation of fisheries and aquaticresource.

(c) The Appeal Advisory Committee shallmake itsrecommendations on an appealreferred to it under paragraph (a) afterhavingheard both parties. within fourteen days of suchreference.

(3) The Secntary shal detemMne an appeal made tohim under aubsection (1) taking into the recommendations of the AppealsAdvisory Committee, and may either-

(a) allow the appeal and direct the Director –General to grant orrenew the licence orto revoke lhe suspensionor cancellation of the licence, or

(b) disallow the appeal for reasons assigned

(4) The Director-General shall comply with any directionissued to him under subsection (3) by the Secretary.

(5) When an applicabtion for a licence or therenewal of a licence is refused, the Director-General shall refund to the applicantor the licenses, as the case may be, the fee accompanying such application.

(6) The decision of the Secretary under this sectionshall be final and conclusive.

14M.(1) A licence granted under this Part shall not betranferred except with the  consent of theDirector-General and any such transfer shall be endorsed upon such licence inthe event of a transfer, the registration of the fishing boat shall betransferred in the transferee'a name.

(2) A person whole licence has been cancelled undersection 14J shall not be entitled to have a licence transferred in his name.

14N. The Director-General shall, subject to the availbilityof resources, conduct long term educational and training programs, to educatethe fishers on the regulations made under this Act and on the guidelines issuedby the Indian Ocean Tuna Commission; and to create awarencess among fishersabout the measures taken by the Government to conserve fish stocks and tominimize pollution”. -

 

PART III

REGISTRATION OF LOCAL FISHING BOATS

15.(1) The Director shall cause to be maintained aregister of local fishing boat.

 (2) Everyowner of a local fishing boat used for the purpose oftaking fish in SriLanka Waters or the High Seas shall apply to the Director for the registrationof such boat and of the name of such owner.

(3) Every application for registration under subsection(2) shall be made in the prescribed form and shall be accompanied by the prescribedfee.

(4) On receipt of an application under subsection(2) the Director may call upon the applicant to furnish such other documents orinformation as he may specify to prove that the applicant is the owner of thefishing boat to respect of which the application is trade,

(5) The Director shell, having considered such applicationand the documents and information if any, furnished under subsection (4),register the local fishing boat in respect of which the application is made andthe name of such owner, or for reasons to be recorded by him, refuse toregister the local flshin~ boat and the name of the owner thereof .

(6) The person whose name appears as the register localfishing boats shall, for the purpose of this Act, be deemed to be the owner ofsuch boat

(7) The Director shall pay to the Provincial Fundof each Province at the end of each year such percentage as may be prescribedof the fees received during that year for the

(8) The Director shall furnish particulars ofregistration under this section, of boats owned by persons residing in eachProvince to the Secretary of the Ministry of the Minister of the Board ofMinisters of that Province in charge of the subject of Fisheries.

16.(1) Every change of ownership of a registered localfishing boat shall be reported by the new owner or possessor of such boatwithin thirty days of such change, to the Director who shall, on payment of theprescribed fee, register the name of the new owner of such boat in the registerof local fishing boats.

(2) The breaking up or loss of a registered localfishing boat shall be reported to the Director by the owner or possessor ofsuch boat within sixty days of such breaking up or loss.

(3) Where any change of ownership of a localfishing boat is not reported within thirty days as required under the precedingprovisions of this section, the new owner or possessor as the case may be,shall be guilty of an offence under this Act.

16A The Director-General may, where he has reasonablegrounds to believe that any person is engaged in carrying out unlawful fishing operationsin waters within the jurisdiction of another State, and the fishing boat usedfor such operations is a local fishing boat registerd under section 15, he may,after aff6rding such person or the owner, as the case may be, an opportunity ofbeing heard-

(a) cancel or suspend for such period as may be determinedby him, the registration of such boat as a local fishing boat under section 15;and

(b) cancel or suspend any licence issued in respectof that fishing boat, under section 6 or section 14A, as the case may be,authorizing the licensee to engage in any prescribed fishing operations In SriLanka waters or the High Seas, as the case may be.

16B. Where the owner of a registered fishing boat requeststhe Director-General, in writing, to cancel the registration of a fishing boatwhich is registered in his name, as he does not intend to use such fishing boatfor the purpose of fishing in Sri Lanka waters or the High Seas after aspecified date, the Director-Genecal shall after satisfying himself on the factthat such fishing boat win not be used for the purpose of fishing in Sri Lankawaters or the High Seas, cancel the registration of such ftshing boat. Suchcancellation shall be effective from the date as is specified by him. He shallalso inform the owner of the fact of cancellation in writing.".

17.(1) Every instrument creating a mortgage of a localfishing boat (hereinafter referred to as an“instrument of mortgage”shall be presented to the Director.

(2) Each instrument of mortgage shaff, in the orderis which it is presented, be registered by the Director in the register oflocal fishlng boats.

18. When there are more instruments of mortgage than oneregistered in respect of the same local fishing boat, such instruments shall beentitled to priority one over the other according to the date on which suchinstrument is registered and not according to the date of execution:

Provided that, fraud or collusion in securing the priorregistration of any instrument of mortgage shall defeat the priority of theperson claiming thereunder.

19. Notwithstanding anything in any other law, where aninstrument of mortgage of a local fishing boat is registered under section 17,any sole or other disposition of the local fishing boat by or against the mortgagorshall not, so long as the mortgage continues in force, extinguish or be deemedto extinguish, the mortgage of that local fishing boat which shall remainsubject to the mortgage in the hands of the transferee or other person inwtlose favour such disposition is effected.

20. Where a registered mortgage of a local fishing boatdischarged, the Director shall on the production of the Instrument of mortgage withthe certificate of discharge of the mortgage endorsed thereon duty signed andattested and the receipt issued by the mortgagee in respect of the amountreceived, make an entry in the register of local fishing boats to the effectthat the mortgage has been discharged.

21. A registered mortgage of a focal fishing boatshall not be effected by any act of bankruptcy committed by the mortgagor afterthe date of registration of the mortgage, notwithstanding that the mortgagor atthe commencement of hrs bankruptcy had the local fishing boat in his possession,order or disposition or was the reputed owner thereof, and the mortgage shallbe preferred to the right, claim or interest therein of the other creditors ofthe bankrupt, or any trustee or assignee on their behatf.

22.(1} A registered mortgage of a local fishing boatmay be transferred to any person and the instrument effecting the transfer (hereinafterreferred to as the " instrument of transfer” shall be in the prescribedfrom. Every instrument of transfer shall be presented to the Director forregistration.

(2) Every instrument of transfer of a mortgage shallbe registered by the Director in the register of local fishing boats.

(3) The person to whom such mortgage has been transferredshall enjoy the same priority as was enjoyed by the transferor provided thetransfer is duly registered in the register of local fishing boats.

23. (1) Where the interest in a mortgage of a localfishing boat is transmitted by bankruptcy, death, or any other lawful means,not being a transfer under section 22, the person to whom the interest istransmitted shall-

(a) make a declaration to the Director stating hisname, address and the m9nner in which the interest in the mortgage has been transmittedto him; and

(b) produce to the satisfaction of the Director evidenceof the transmission of the interest in the mortgage of the local fishing boat.

(2) The Director shall, on receipt of thedeclaration and on production of the evidence referred to in subsection (1),enter in the register of local fishing boats in which the mortgage isregistered, the name and address of the person 5o whom the interest has beentransmitted, as mortgagee of the local fishing boat.

(3) The person to whom the interest of a mortgageis transmitted by ·bankruptcy, death or by any other lawful means, not being atransfer under section 22, shall enjoy the same priority as was enjoyed by suchmortgagee.

24. All registers and documents kept under this Actmay be searched and examined by any person claiming to be interested therein orby his attorney-at-law or agent duty authorized in writilg, and certified copiesof, or extracts from, any such register or document may beobtained from theDirector on payment of, the prescribed fee.

25. A copy or extract purporting to be certified underthe hand of the Director to be a true copy of, or extract from, any register ordocument kept pursuant to this Part shall be admissible in evidence withoutproof of the signature or appointment of the Director, and shall be prima facieevidence of the contents of such register or document for all purposes and inall proceedings, civil or

26. The provisions of any written law, other than thisAct, requiring the registration under that law of any instrument creating the mortgageof movable property shall not apply to an Instrument of mortgage registeredunder this Act

 

PART IV

PROTECTION OF FISH AND OTHER AQUATIC RESOURCES

27.(1) No person shall -

(a) use or attempt to use any poisonous, explosiveor stupefying substance (inctuding dynamic) or other noxious or harmful materor substance in Sri Lanka waters for the purpose of poisoning, killing,stunning or disabling any fish or other aquatic resources;

(b) carry, or have in his possession any poisonous,explosive or stupefying substance (including dynamite) or other noxious or harmfulmaterial (not being a fishing net) or any substance for any purpose referred toin paragraph (a)

(2) No person shall land, sell, buy, receive,possess or transport any fish or other aquatic resources knowing of havingreasonable cause to belteve that such fish or other aquatic resolirces havebeen taken by the use of any poisonous, explosive or stupefying substance (inciudlngdynamite) or other noXious or harmful material or substance.

(3) No person shall place, deposit, dump or causethe escape of, poisonous, explosive or stupefying substance (includingdynamite) or other noxious or harmful material or substance in Sri Lanka Waters

28. No person shall use or possess, or have on boardany local fishing boat, any prohjblted fishing gear or engage many any prohibitedfishing method in any area of Sri Lanka Waters or the High Seas.

29.No person shall catch, land, transport, sell buy,receive or have in his possession, such species of prohibited fish, or otheraquatic resources as may be prescribed.

29A. In any prosecution for an offence referred to insection 27 it shall be presumed, unless the contrary is proved, that such poisonous,explosive or stupefying substance (including dynamite) or other noxious orharmful material or substance was used, carried or possessed for any of thepurposes referred to in section 27.

30.(1) The Minister may tn consultation with theMintster in charge of the subject of Trade, by order published in Gazette, andhaving regard to the need to protect the aquatic resources of Sri Lanka, prohibitor regulate the export from, or import into, Sri Lanka of any species of fish includinglive fish or any eggs, roe or spawn or any products prepared from such fish,eggs, roe or spawn at other aquatic resources for such period of time as may bespecifted in the Order.

(2) This section shall have effect as though itformed part of the Customs Ordinance, and the provisions of that Ordinanceshall apply accordingly.

31.(1) The fishers of any area may request theDireotor-General, in writing, to designate a specified area of Sri Lanka watersor both such waters and the land adjacent thereto, as a Fisheries ManagementArea for the purposes of this Act.

(2) The Director-General may-

(a) of his own motion, or

(b) on a request made to him in writing under subsection(1), recommend to the Minister that a specified area of Sri Lanka waters orboth such waters and the land adjacent thereto, be designated as a FisheriesManagement Area:

Provided that, the Director-General shall make sucha recommendation onty upon satisfying himself a.fter such inquiries andinvestigations as arereasonable in the circumstances, that there arethreats to the sustainability of fish and other aquatic resources in any area.

(3) Upon receipt of the recommendation under subsection(2), the Minister may, by Order published in the Gazette, designate the areareferred to in the recommendation as a Flsheries Management Area for thepurposes of this Act.".

31A.(1) There shall be a Rsheries ManagementCoordinatfng Committee (hereinafter referred to as the "Coordinating Committee”for every Fisheries Management Area designated by an Order made under section31, appointed by the Direotor-General.

(2) The Coordinating Committee shall be constitutedby the Director-General from among the following taking into consideration thematter to be determined by such Co- ordinating Committee:-

(a) the officer in charge of the District FisheriesOffice and two other officers from that office;

(b)(i) not more than four persons elected fromamong members of the fisheries committee formed for that Fisheries ManagementArea: or

(ii) where there are two or more fisheriescommittees in that Fisheries Management Area, not more than twelve personselected by the members of all the fisheries committees in that Fisheries ManagementArea:

Provided however, that there shall be an equalnumber of members from each of such fisheries committees;

(iii) all members of existing Fisheries ManagementAuthorities;

(c) the District Secretary of the Administrative Districtwithin which the Fisheries Management Area is situated;

(d) the Divisional Secretary of the AdministrativeDistrict within which the Fisheries Management Area is situated;

(e) the Chairman of the Pradeshiya Sabha constitutedfor the Pradeshiya Sabha area within which the Fisheries Management Area is situated;

(f) the Mayor of the Municipal Council constitutedfor the Municipality within the limits of which the Fisheries Management Areais situated or the Chairman of the Urban Council for the Urban Council areawithin the limits of which the Fisheries Management Area is situated ;

(g) an officer of the Urban Devetopment Authorityestablished under the Urban Development Authority Law, No. 41 .of 1978, nominatedby the Chairman of that Authority;

(h) the Provincial Director of Fisheries of the Provincewithin which the Fisheries Management Area is situated ;

(i) an officer of the Department of Coast Conservationand Coastal Resource Management established under the Coast Conservation andCoastal Resource Management Act, No. 57 of 1981 nominated by the Director-General of Coast Conservation and Coastal Resource Management;

(j) an officer of the National Aquatic Resources Researchand Develop~nt Agency established under the National Aquatic Resources Researchand Development Agency Act, No. 54 of 1981 nominated by the Chairman of theGoverning Board of that Agency;

(k) an officer of the National Aquaculture DevelopmentAuthority established under the National Aquaculture Development Authority of SriLanka Act, No. 53 of 1998, nominated by the Chairman of the Board of Directorsof that Authority;

(l) ao officer of the Central Environmental Authorityestablished under National Environmental Act, No. 47 of 1980, nominated by theChairman of that Authority;

(m) an officer of the Department of Wild Life Conservationestablished under the Fauna and Flora Protection Ordinance (Chapter 469) nominatedby the Director-General of Wild Life Conservation;

(n) an officer of the Department of Forest Conservation,established under Forest Conservation Ordinance (Chapter 451) nominated by theConservator- General of Forest:

(o) an officer of the Marine Environment ProtectionAuthority established under Marine Pollution Prevention Act, No. 35 of 2008, nominatedby the Chairman of that Authority;

(p) an officer of the Ministry of Land nominated bythe Secretary to the Ministry of the Minister to whom the subject of land hasbeen assigned;

(q) an officer of the Sri Lanka Tourism DevelopmentAuthority established by the Tourism Act, No. 38 of 2005, nominated by the Chairmanof that Authority;

(r) an officer of the Department of Police nominatedby the Deputy Inspector General of Police for the Province within which the FisheriesManagement Area .is situated;

(s) an officer of the Department of Coast Guard establishedby the Department of Coast Guard Act, No.41 of 2009, nominated by the Director-Generalof that Department; and

 (t) anofficer of the Sri Lanka Navy nominated by the Commander of the Navy for the provincewithin which that Fisheries Management Area is situated.

(3) The Director-General shall appoint from amongthe officials referred to In paragraph (a) of subsection (2) a Secretary or aConvener of the Coordinating Committee. The Secretary or the Convener shallconvene all meetings of the Coordinating Committee constituted for a FisheriesManagement Area.

(4) The Coordinating Committee constituted for a FisheriesManagement Area shall meet at least once in every month, or in the case of anemergeffcy.

(5) The Director-General or his nominee shallpreside at all meetings of a Coordinating Committee. In the absence of theDirector-General or his nominee from a meeting of a Coordinating Committee, themembers present may elect, from among themselves, a Chairman for that meeting.

(6) The Director-General may appo4nt other persons,including representatives of Divisional Coordinating Committes, representativesof associations representing other commercial activities conducted within thelimits of the Fisheries Management Area, representatives of the fisher women'sgroups and representatives of non-governmental organizations invotved Innatural resources management and the wetfare of fishers, within the limits ofthe Fisheries Management Area, to be members of the Coordinating Committee.

31B.(1) It shall be the duty of a CoordinatingCommittee constituted for a Ftsheries Management Area, to submit to theDirector-General a Flsheries Development and Management Plan in respect of theFlshertes Management Area, within a period of one year from the date of theOrder under section 31 (3) designating such area as a Fisheries ManagementArea.

(2) A Fisheries DeveJopment and Management Plan preparedby a Coordinating Committee shall include any or all of the followingproposals:·

(a) proposals for the dMsion of the Fisheries ManagementArea into zones for particular uses:

(b) proposals for the prohib4tlon or regulation of theuse of particular types of fishing gear or euqipment for the taking of fish andaquatic resources in the Fisheries Management Area;

(c) proposals for the prohibition or regulation of theuse of particular methods for taking of fish or aquatic resources tn theFisheries Management Area;

(d) proposals for the prohibition of the taking of particularspecies of fish or aquatic resources in the Fisheries Management Area; ·

(e) proposals for the declaration of closed seasonsfor fishing in particular parts of that Fisheries Management Area or forparticular species of fish in that Fisheries Management Area:

(f) proposals for regulating the times at which fishor aquatic resources may be taken in the Fisheries Management Area;

(g) proposals for the preservation of locations ofscenic beauty or of cultural or ecological significance in the FisheriesManagement Area;

(h) proposals for the improvement of the sustainabilityof fish and other aquatic resources in the Fisheries Man•ment Area;

(i) proposals to address research, post-harvest andmarketing and development aspects related to the Fisheries Management Area;

(j) proposals for monitoring, compliance and surveillance;and

(k) proposals for consultation and review.

(3) The Director-General having regard to thepurposes of this Act, shall within sixty days of a Fisheries Development andManagement Plan being submitted by a Coordinating Committee, make modificationsif any, to the plan and submit the plan to the Minister for his approval.

(4) The Minister shall approve a plan submittedunder subsection (3), within sixty days of it being submitted to him and shallcause the plan to be published in the Gezette. The plan shall be operative fromthe date of its publication in the Gazette or from such tater date as may bespecified therein.

(5) The Minister shall give effect to theprovisions of the plan by making appropriate regulations under section 61 andby the publication of appropriate notices under section 34.".

32.(1) Registered fishermen residing or engaged infishing in each fisheries management area or part thereof, or migrant fishermenmay form themselves into a fisheries committee.

(2) The functions of a fisheries committee shallinclude-

b) assisting its members to obtain boats, gear, andequipment to be used in fishing operations;

(c) canying out social infrastructure and welfareactivities with a view to improving the living standards of the fishingcommunity of that area ; and

(d) engaging in such other activities as are approvedby the Director as beneficial to the fishing community of the area.

(3) The Director may, on application by anyfisheries committee, register such fisheries committee and shall publish in theGazette a notification of such registration.

(4) From and after the date of registration of afisheries committee under subsection (3) such committee shall be a bodycorporate with perpetual succession and a common seal and may sue and be suedby the name by which it is registered.

(5) Regulations may be made in respect of theetection of office hearers of such committee and the procedure for thetransaction of business by such committee and the audit of such acoounts by theDirector or an officer authorized by tum In that behalf.

(6) The Director may cancel the registration of anyfisheries committee if he is satisfied, after holding such inquiry as he maydeem fit, that the fisheries committee has been inactive or has failed toconduct itself in the interests of its members.

(7) The Director shall, where he cancels theregistration of a fisheries committee, appoint a person to be liquidator of thatfisheries committee who shall have the power to-

(a) take possession of the books, documents andassets of the fisheries convnittee;

(b) sell the property of the fisheries committee ;

(c) decide any question of priority among thecredictor of the fisheries oommittee;

(d) compromise any cialm by or against the fisheriescommittee with the prior approval of the Director; and

(e) arrange for the diatr1butfon of the assets of thefisheries committee in the prescribed manner..

(8) in the aquidation of any fisheries committee.Its funds on appfeed first to the cost of liquidation and then to She dischargeof its liabilities Any surplus remaining after the closure of the liquidationshall be credited to the Consolidation fund.

33.(1) Every fisheries committee shall, in theprescribed manner and form, prepare, revise and maintain a register offishermen residing or engaged in fishing, within the area of authority of suchcommittee:

Provided, however, that the nrst register offishermen residing or engaged in fishing within the area of authority of suchcommittee shall be prepared and certified by the Director.

(2) Regulations may be made in respect of theprocedure to be fotlowed In the preparation and revision of the registerreferred to in subsection (1). Such regulatfons shall provide-

(a) for any person Who claims to be entitled to havehis name entered in such register and whose name Is not entered therein toapply to the fisheries committee to have his name entered in such regtster,

(b) for any person whose name as entered in suchregister and who objects to the name of any other person appearing therein toapply to the fisheries committee to have that name removed from such register;

(c) the procedure to be followed by the fisheries committeein the determination of such applications; and

(d) for appeals to the Director from the determinationsof a fisheries committee on any ciaims or objections made to such committee.

34.(1) The Minister may, by notice published in theGazette declare a closed season or an open season-

(a) for fishing in such areas and times as may bespecified in the notice; and

(b) for taking, in such areas of such species of fish,as maybe specified in the notice.

(2) Every notice referred to in subsection (1)shall be published in Slnhala. Tamil and English in three or more nationalnewspapers and shall be dlsptayed in a conspicuous place or places in the areaor areas in respect of which the closed or open season for fishing or thetaking of specified species of fish has been declared.

(3) No person shall, during a dosed season declaredunder subsection (1)-

(a) fish to the area or areas specified in the notice;or

(b) take, in such area or areas, any species of fishspecified in the notice.

35.(1) The Director may give written permissionauthorizing any local fishing boat to be used for research operations, experimentalfishing or scientific Investigations relating to fish and aquatic resources inSri Lanka Waters.

(2) The Director may. in giving permission undersubsection (1), attach such conditions as he may think fit regarding theconductof such research operations, experimental fishing or scientific Investigations.

(3) Nothing in section 6 shall appty in respect ofany local fishing boat operating under the authority of, and in accordancewith, the written permission of the Director given under subsection (1).

(4) Nothing in section 31 or 34 shall apply to anyperson operating any local fishing boat under the authority given undersubsection (1), or to any person operating any foreign boat under the authorityof, and in accordance with the written permission of the Director given under subsection(1) of section 12 of the Fisheries (Regulation of Foreign fishing Boats) Act,No. 59 of 1979.

 

PARTV

CONSERVATION

36. The Minister may, in consultation with the Ministerin charge of the subject of Conservation of Wildlife, t)y Order published inthe Gazette, declare any area of Sri Lanka Waters or any land adjacent theretoor both such waters and land to be a fisheries reserve, Where he considers thatspecial measures are necessary.

(a) to afford special protection to the aquaticresour-oes to danger of extinction in such waters or land and to protect andpreserve the natural breeding grounds and habitat of fish and aquatic resourceswith particular regard to- coral growth and aquatic ecosystems :

(b) to promote regeneration of aquatic life inareas where such life has been depleted ;

(c) to protect the aquatic meddium;

(d) to promote scientific s1udy and rescard inrespect of such area; or.

(e) to preserve and enhance the natural beauty ofsuch area.

37.No person shall, except upon a permit obtained fromthe Director or any person authorized by the Director in that behalf in the prescribedform and on payment of the prescribed fee.-

(a) engage in any fishing operation in suchreserve;

(b) mine, collect or otherwise gather or processcoral, or any other aquatic resources, dredge, or extract sand or gravel,discharge or deposit waste or any other polluting matter or in any other waydisturb, interfere with or destroy, fish or other aquatic resources or theirnatural breeding grounds or habitat in such reserve; or

(c) construct or erect any building or otherstructure on or over any land or waters within such reserve.

 

PART VI

AQUACULTURE

38. Subject to the provisions of the Crown LandsOrdinance there shalt be leased, such portions of. State land or the Sri LankaWaters as the Minister may consider necessary in the interest of the national economy,for the purpose of aquaculture.

39.(1) No person shall set up, operate or engage inany aquaculture operation except under the authority of a licence issued by theDirector-General for that purpose.

(2) The Director-General shall have the power to delegatein writing to any Licensing Officer appointed under section 40, his authorityunder subsection (1) to issue licences in respect of aquaculture operations.

40.(1) The Director-General shall appoint in respectof each Administrative District, one or more persons as licensing Officers,from among persons who are nominated for that purpose under section 14A of theNational Aquacotture Development Authority of Sri Lanka Act, No. 53 of 1998, bythe Director- General of the Authority.

(2) An officer appointed as a Licensing Officerunder subsection (1) shall pefform such duties as may be delegated to suchofficer in writing by the DirectorGeneral under subsection (2) of section 39.The Licensing Officer shall in the performance of his duties, be subject to thegeneral direction and supervision of the Director-General.

41.(1) Every application for the issue of a licenceunder section 39 shall be made in the prescribed form to the appropriateLicensing Officer appointed for the Administrative District within which theaquaculture operation is proposed to be set-up, operated or engaged in.

(2) Every application submitted under subsection(1) shall contain complete and accurate information of all required particularsand be accompanied by the prescribed fee.

(3) The Licensing Officer may, having consideredthe information and particulars contained in an application submitted undersubsection {1), and where the applicant has futfilled the requirements asprescribed pertaining to suitability to be issued with a licence under section39, issue such licence to the applicant.

(4) An application found to contain false,misleading or incorrect Information or particulars shall be rejected.

42. A licence issued under section 41, shall-

(a) be in such form as the Director-General may determinein consultation with the Authority; 

(b) be subject to such terms and conditions asspecified in the licence;

(c) become operative from such date as shall be specifiedin the licence; and

(d) unless eartier revoked, be In force for theperiod as specified in the licence.

43.(1) A licence issued under section 41 may berenewed upon an application being submitted for that purpose in the prescribedform to the appropriate Licensing Officer, accompanied by the prescribedrenewal fee, not less than thirty days prior to the date of expiration of the licencepreviously issued.

(2) The Licensing Officer may renew a licence onreceipt of an application under subsection (1 ), where-

(a) the licensee has not violated or done anythingin contravention of the terms and conditions of the licence issued;

(b) the licensee has not contravened any provisionsof this Act or any regulations made thereunder;

(c) the licensee has not contravened any provisionsof the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of1998 or any regulations made thereunder; or

(d) the continuation of the aquacutture operationconcerned will not have any adverse impact on the environment.

(3) The provisions of section 42 shall appty Inrespect of a licence issued on renewal under this section.".

43A.(1) A licence issued under section 41 may besuspended by the Director-General, where-

(a) it becomes necessary in order to implement anyaquaculture conservation or management measures adopted in consequence of a determinationmade by the Authority ;

(b) the licensee has been charged for the commissionof an offence under this Act or the National Aquaculture Development Authorityof Sri Lanka Act. No. 53 of 1998 or any regulations made under those Acts: or

(c) the licensee has contravened any provisions ofthis Act or the National Aquaculture Development Authority of Sri Lanka Act,No. 53 of 1998 or any regulations made under those Acts, and the severity of suchcontravention does not warrant a cancellation of the licence.

(2) Where a licence is suspended under paragraph(a) of subsection (1), the licensee shall be entftJed to a pro rata refund ofthe fee paid by him for the Issue of the licence.

43B. (1) A licnece issued under section 41 shall becancelled by the Director-General, where -

(a) it is found that the licence had been obtainedby providing false, misleading or inaccurate information;

(b) the licensee has been convicted of an offenceunder 1hls Act or the National Aquaculture Oevelopmen1 Authority of Sri LankaAct. No. 53 of 1998 ;

(c) the licensee has been convicted for an offencerelating to any fishing or aquaculture activity under any written law;

(d) the licensee has contravened any provision ofthis Act or the National Aquaculture development Authority of Sri Lanka Act,No. 53 of 1998 or any regulation made under those Acts ;

(e) the licensee has acted in contravention or inviolation of any terms or conditions subject to which such licence was issued :or

(f) the continuation of the aquaculture operationwould have an adverse impact on the environment.

(2) Where a Ucence issued is suspended or canceledas the case may be under section 43A or this section, it shall be the duty ofthe Director-General to forthwith inform the licensee of such suspension or cancellation,by a written communication sent under regjstered post to the address given bythe licensee.

43C. Where an appffcatJon for the issue or renewal of alicence under section 41 or section 43, as the case may be, has been refused,the reasons for such refusal shall be recorded by the Licensing Officer to whomsuch application for the issue or the renewal was made. It shall be the duty ofsuch Licensing Officer to inform the person making such application, by awritten communication sent under registered post to the address appearing inthe application, of the reasons for such retusa

43D.(1) Any person aggrieved by a decision refusing theissue or renewal, as the case may be, of a licnece or the suspension orcancellation of a licence issued, may, within thirty days of the date ofreceipt of the written corrvnunication informing such person, of the refusal orthe suspension or cancellation, as the case may be, appeal against suchdecision to the Secretary to the Ministry of the Minister.

(2) The decision on any appeal submitted under subsection(1) shall be made within sixty days of the receipt of such appeal and theperson, making such appeal shall be informed of the decision made onit.forthwith.

(3) Where the Secretary to the Ministry of theMinister considers it appropriate, he may hold such inquiry as deem necessaryin the circumstances of the case, prior to arriving at any decision on anyappeal made to him under subsection (1). ·

(4) The decision of the Secretary to the Ministryof the Minister on any appeal made under this section, shall be final.

43E.(1) Any Person who is dissatisfied with theactions of a Licensing Officer may forward a complaint in writing to theDirector-General and it shall be the duty of the Director-General to take allsuch action as is appropriate to inquire into such complaint and recommend tothe Authority the steps that may be taken in regard to the same.

(2) Notwithstanding the provisions of subsection(1), the Director-General shall have the power after inquiring into anycomplaint made against a Licensing Officer and where it appears to beappropriate in the circumstances, to remove such Officer from the post oflicensing Officer.

43F. It shallbe the duty of the Director- General to credit monthly to the Fund of theAuthority, all sums collected as fees for the issue and renewal of any licencesunder section 41 and section 43, as the case may be.

 

PART VIII

SETTLEMENT OF DISPUTES

44. (1)When any fishing dispute arises or is apprehended, such dispute may be referredby the Director to an Authorised Officer for inquiry.

(2) When a fishing dispute Is referred to anAuthorized Officer under subsection (1) he shall summon the parties to thedispute and endeavour to settle the dispute by conciliation.

(3) If the Authorized Officer succeeds in settlinga fishing dispute, a memorandum setting out the terms of settlement shall bedrawn up by him and shall be signed by the parties to the dispute or by theirrepresentatives Such terms of settlement shall be binding on the parties to thedispute.

(4) If the Authorized Officer fails to effect asettlement, he shall proceed to hear the parties to the dispute and their witnessesand shall determine such dispute.

(5) Any person who is affected by a fishing disputeor by any matter relating to. connected with or arising from such dispute,which is the subject matter of an inqujry before as Authorized Officer shall beentitled to be present at such inquiry and to make oral or documentary representationsrelating to such dispute.

(6) It shall be the duty of the Authorized Officerto prepare a report containing his findings upon the matters inquired into andsuch recommendations as he may consider necessary in regard to those mattersand the rights restrictions or prohibitions which should be conferred orimposed pertaining to the taking of fish in the waters relating to which thedispute arose or is apprehended or any other related matter. Such report shallbe read out at the conclusion of the inquiry. The parties to the dispute andany other person who is affected by such report shall be entitled to obtain acopy of such report on payment of the prescribed fee.

(7) The Authorized Officer shall endeavour toconclude the proceedings taken under this section within a period of one monthfrom the date on which the dispute is referred to him Where he takes a longerperiod for such proceedirigs he shall record the

(8) The Minister may make regulations providing forthe procedure to ~ followed at an inquiry held under this section.

(9) Any person who is affected by any fishingdispute into which an inquiry is held under this section, or by any matterrelating to, connected with or arising from that dispute may, before theexpiration of a period of one month from the date of the report in relation tothat dispute, make representations in writing to the Minister on any matterdealt with in the report.

(10) The Minister after considering the report preparedunder subsectlon (8) In respect of any fishing dispute and any representationsmade to him under subsection

(9) with reference to that report, may-

(a) make order canceling the registration of anyftshing net or fishing gear and the owner thereof registering in place of suchfishing net or fishing gear and the owner thereof any other fishing net orfishing gear and the owner thereof ;

(b) make regulations regarding the subject matterof that dispute or any matter relating thereto or connected therewith orarising therefrom, including regulations for the purpose of-

(i) prohibiting, restricting or regulating thetabing of fish in any specified part of Sri Lanka Waters by persons not belongingto any specified group or section of persons specified fishing boats, fishinggear and methods; or

(11) Nothing in the preceding provisions of thissection

shaft be deemed or construed to authorize thereference thereunder of any dispute in relation to the subject matter of whichany civil action or other civil· proceeding is pending before any court ofcompetent jurisdiction.

45.(1) Where the Minister apprehends that any fishing disputewhich has been referred for Inquiry and report Under section 44 is likely toresult in a breach of the peace, he may by Order published in the Gazette, makeall such provisions in respect of the matters referred to in paragraphs (b) (i)and (ii) of subsection (10) of that section as he may deem necessary to preventsuch breach of the peace.

(2) Any Order made by the Minister under subsection(1) in respect of any fishing dispute shall Cdfne into force on the date of itspublication in the Gazette and shall cease to be in force on the date of thecoming into force of regulations, if any, made by the Minister under section 44(10) in respect of that dispute.

45A.(1) Where any dispute arises or ls apprehendedrelating to an aquaculture operation, such dispute shall be referred by theDirector-General for inquiry and settlement to an authorized officer nominatedfor that purpose. An authorized Officer may in the conduct of an inquiry beassisted by any Licensing Officer.

(2) The provisions of the section 444 and section45 shall mutatis mutandis, apply to and in respect of the conduct andsettlement of a dispute referred to in subsection (1).

46.(1) The Director shall authorize such number ofofficers not below the rank of Fisheries Inspector, as may be necessary toimplement the provisions of this Act, who shall be known as "authorizedofficers".

(2) An authorized officer authorized undersubsection (1) shall be deemed to be a peace officer within the meaning of theCode of Criminal Procedure Act. No.15 of 1979.

(3) An authorized officer shall, for the purpose ofascertaining whether the provisions of this Act or any regulation madethereunder are being complied with, have the power-

(a) to stop, go on board and search any fishing boatin Sri Lanka Waters or any local fishing boat engaged in fishing operations inthe high seas, and examine such boat, the crew thereof, the fishing gear andother equipment carried therein and any fish or other aquatic resources foundon board such boat;

(b) to stop and search any vehicle transporting anyfish or other aquatic resources ; or

(c) to examine and take copies of any licence, permit,book, certificate or other document required to be obtained or maintained by orunder this Act.

(4) An authorized officer, where he has reason tobelieve that an offence under this Act has been committed, may, with or withouta warrant-

(a) enter and search at all reasonable hours of theday, any premises in which he has reason to believe such offence has beencommitted ;

(b) enter and search at all reasonable hours of theday any premises In which fish or other aquatic resource, taken incontravention of the provisions of this Act or any regulation made thereunderare being stored or kept;

(c) take samples of any fish or other aquatic resourcesfound in any prnmises searched under paragraph (a) or paragraph (b);

(d) arrest any person found In any such premises, whohe has reason to believe. has committed an offence under this Act or any regulationmade thereunder ;

(e) seize any boat, engine, fishing net or other fishinggear or equipment, or any vehicle or thing which he has reason to believe, hasbeen used In or in connection with, the commission of an offence under this Actor any regulation made thereunder;

(f) seize any fish or other aquatic resouroes or storesor cargo Which he has reason to believe have been taken in the commission ofsuch offence, or have been landed, sold, bought, received, or possessed tocontravention of this Act or any regutation made thereunder, or

(g) seize any poisonooa, exptosive or stupefyingsubstance or other noxious or hannful material or substance which he has reasonto befieve has been used, or is possessed, in contravention of this Act.

(5)Where a fishing boat or other thing is seizedunder subsection (4), the authorized officer by whom the boat or other thing isseized shall, as soon as possible produce that boat or other thingbefore a Magistrate's Court of competent Jurisdiction and the Court shall make suchorder as it may deem fit relating to the detention or custody of the boat orother thing, pending the conclusion of any proceedings Instituted in respect ofthat boat or other thing:

Provided that, where any fish or otheraquatic resources seized under subsection (4) are subject to speedy decay. anauthorized officer may sell such fish or other aquatic resources and shalldeposit the proceeds of such sale in the Magistrate's Court.

(6) Every person arrested under subsection (4)shall be intenned of the reason for his arrest, and shall subject in the case ofan arrest under a warrant, to any endorsement in such warrant, be produced beforea court of competent jurisOtction within twenty-four hours of such arrest,exclusive of the time necessary for the journey from. the since of arrest ofthat court

46A.No ball shall be allowed by a Magistrate to anyperson who is accused of an offence under paragraph (a) or (b) of subsection (1)or subsection (3) of section 27 of this Act:

Provided however, the High Court of the Provinceestablished under Articie 154p of the Constitution may, for exceptionalcircomstances shown to the satisfaction of the Court, allow bail to such personwho is accused of an offence under paragraphs (a) or (b) of subsection (1) orsubsection (3) of section 27 of this Act.".

47.(1) Where default Is made by any person in thepayment of any sum due to the Government on any agreement entered into betweenthe Government and such person in respect of a fishing boat, engine, fishingnet or other fishing gear, or equipment, the Director may in writing empowerany authorized officer to seize and remove such fishing boat, engine, fishingnet or other fishing gear is equipment.

(2) An authorized officer, for the purpose ofseizing any fishing boat, engine, fishing net or other fishing gear or equipmentunder subsection (1) may enter and search any premises or place in which he hasreason to believe such fishing boat, engine, fishing net or other fishing gear orequipment is kept.

(3) Nothing in this section shall be deemed toprejudice the Government from recovering any sum due to the Government on anyagreement referred to in subsection (1) in accordance with the provisions ofany other law for the time taking in force.

48.(1) An authorized officer when acting under the provisionsof this Act, shan declare his office and produce such identification as may bereasonable sufficient to show last he is an authorized officer for the purposeof this Act.

(2) It shall not be an offence for any person torefuse to comply with a request, demand or order made by an authorized officerifsuch authorized officer fails to declare his office and produce suchidentification as may be reasonably sufficient to show that he is an authorizedofficer for the purpose of this Act.

49.”(1) Any person who contravenes or fails to complywith the provisions of sections 15,16,17 or 22 or any order made under section30 of this Act shall be guilty of an offence and shall on conviction aftersummary trial before a Magistrate, be liable to a fine not exceeding twentyfive thousand rupees.

“(1A) Any person who contravenes or fails to complywith the provisions of section 14E of this Act shall be guilty of an offenceand shall on conviction after summary trial before a Magistrate, be liable to afine not exceeding one hundred thousand rupees.''.

(2) Any person who contravenes or fails to complywith the provisions of sections 6, 28, 34 or 35 of this Act shall be guilty ofan offence and shall on conviction after summary trial before a Magistrate, beliable to a fine not exceeding twenty five thousand rupees.".

"(2A) Any person who contravenes or tails tocomply with the provisions of sections 14A or 14F of this Act shall commit anoffence and shall on conviction after summary trial before a Magistrate beliable to an imprisonment for a term not exceeding two years or to a fine notless than the amounts specified in Column II of the Schedule hereto which shallbe determined by taking into consideration the length of the fishing boatspecified in corresponding entry in the Column I of the Schedule:-

SCHEDULE

Column I                           Column JI

Length of a boat                      Fines

Rupees 1.5

10.3 to less than 15 meters              Million

15 to less than 24 meters               Rupees 5 Million

                                           Rupees 75

24 to less than 45 meters              Million

45 to 75 meters Rupees               120 Million

more than 75 meters                 150 Million

Rupees

(2B) Any person who contravenes or fails to complywlth the provisions of secUon 29 of this Act shall be guilty of en offence andshall on conviction after summary trial before a Magistrate, be liable to afine not exceeding fifty thousand rupees."

(3) Any person who contravenes the provisions of paragraph(a) of subsection (1) or subsection (3) of section 27, of this Act shall beguilty of an offence and shall on conviction after summary trial before a Magistrate,be liable be imprisonment ot either description for a term not less than threeyears and not exceeding five years or to a fine not less than one hundred thousandrupees and on a second or subsequent conviction to imprisonment of either descriptionfor a. term not less than five years and not exceeding seven years or to a finenot less than five hundred thousand rupees.

(3A) Any person who contravenes the provisions of paragraph(b) of subsection (1) or subsection (2) of section 27 of this Act, shall beguilty of an offence under this Act and shall on conviction after summary trialbefore a Magistrate, be liable to imprisonment of either description for a termnot less than one year and not exceeding three years or to a fine not less thanfifty thousand rupees and on a second or subsequent conviction to imprisonmentof either description for a term not less than threo years and not exceedingfive years or to e fine not less than one hundred thousand rupees".

(4) Any person who-

(a) fails or refuses to stop any fishing boat in SriLenka Waters or beyond the limits of Sri Lanka Waters, or any vehicletransporting fish or other aquatic resources, when required to do so by anauthorized officer;

(b) fails to appear before an authorized officer whensummoned to do so under subsection (2) or section 44 or being a party to a settlemententered under subsection (3) of section 44 fails to comply with the terms of suchsettlement;

(c) does not allow the search and examination ofsuch boat, the crew thereof, the fishing gear and other equipment carriedtherein and any fish or other aquatic resources found on board such boat orvehicle transporting fish or other aquatic resources, by an authorized.

(d) refuses to be searched by, obstructs or resists,or escapes or attempts to escape from the custody of, an authorized officeracting in pursuance of the powers conferred on him by section 46,

shall be guilty of an offence under this Act and shall,on conviction after summary trial before a Magistrate, be liable to a fine notexceeding twenty five thousand rupees.

"(5) Any person who contravenes a regulationmade under thisAct other than a regulation made under section 61 (t)shall be guilty of an offence under this Act and shall, on conviction aftersummary trial before a Magistrate be liable to a fine not exceeding twenty fivethousand rupees:

Provided that in the case of a conviction for anoffence involving the contravention of a regulation prohibiting-

(a) purse seine net fishing;

(b) the purchase, sale, transport or possession ofa spiny lobster carrying external eggs or of a slipper lobster with externaleggs; or

(c) the removal of the eggs of a spiny lobster or ofa slipper lobster,

the fine shall be a fine not exceeding fiftythousand rupees.".

"(6) Any person ~ho contravenes any regulationmade under section 61 (t) of this Act shall be guilty of an offence and sflalf,on conviction after summary trial before a Magistrate, be liable toimprisonment for a term not exceeding two years or to a fine not exceeding one millionrupees. ".

"(7) Any person who contravenes any regulationmade under section 61(1)(t) of this Act beyond the limits of Sri Lanka Watersshall be guilty of an offence and shall,  on conviction after summary trial before aMagistrate, be liable to an imprisonment for a term not exceeding two years orto a fine not less than the amounas specified an Column a of the Schedulehereto based on the length of the fishing boat specified in corresponding entryin the Column I of the Schedule or to a fine not less than five times the valueof relevant fish catch or whichever is higher.

SCHEDULE

Column I                         Column II

Length of a fishingboat                       fines

More than l0.3 and less than

15 meters                                Rupees 1.0Million

More than 15 and less than

24.0 meters                              Rupees 1.5Million 

More than 24.0 and less than

45.0 metres                              Rupees 25 Million

More than 45.0 and less than

75.0 metres                              Rupees 50 Million

More than 75.0 meters                     Rupees 100 Million

 

(8) Any person who contravenes any regulation made undersection 6l (1)(u) of this Act shall be liable to a fine of not less than fivetimes of the value of relevant fish catch.

For the purpose of this section "relevant fishcatch" means quantity of fish catch at the time of the offence, valued bypanel of members appointed under section 52E of thi Act.''.

49A. Every person who-

(a) carries on any aquaculture operation without avalid licence;

(b) being a licensee discharges, dumps, deposits, releasesor pennits the discharging, dumping, depositing or releasing of any poisonous,noxious or harmful material or substance or waste water to any inland waters orto any land in such a manner as will affect the environmental quality of thatland;

(c) being a licensee does any act which would have adverseeffect on the environment; .

(d) carries on any aquaculture operation andrefuses when lawfully required by a Licensing Officer to give information orgives information which Is false, incorrect or misleading in any materialrespect;

(e) uses abusive or threatening language or makes insultinggestures or behaves in a threatening manner towards a Licensing Officer who iscarrying out his duties or exercising his powers under this Act;

(f) assaults or obstructs a Licensing Officer inthe performance of his duties under this Act;

(g) fails, refuses or neglects to immediately andfully comply with every lawful instruction or direction given by a licensingOfficer;

(h) impersonates or fa lsely represent himself tobe a Licensing Officer; or

(i) Interferes in any way with a Licensing Officerin the performance of his duties, shall be guilty of an offence under this Act,and shall on conviction after a summary trial before a Magistrate be liable toimprisonment of either description for a term not less than eighteen months andnot exceeding thirty six months or to a fine not less than twenty five thousandrupees and not exceeding one hundred thousand rupees, or to both such fine andimprisonment.

50. Where an offence under this Act is committed by abody of persons, then-

(a)ifthatbody is a body corporate, every person who at the time of the commission of theoffence was the director, secretary or other similar officer of that body; or

(b) if that body is not a body corporate, everyperson who at the time of tho commission of the offence was a member or partnerof that body, shall be deemed to be guilty of that offence. unless be provesthat the offence was committed without his knowledge or that he exercised alldue diligence to prevent the commission of that offence.

51.(1) Where any person is convicted of an offenceunder this Act-

(a) any fishing boat, engine, fishing net or other fishinggear or equipment or any vehicle or thing used in, or in connection with, the commissionof such offence; or

(b) any fish or other aquatic resources caught ortaken in the commission of such offence or the proceeds of sale of such fish orother aquatic resources deposited in court under section 46,

shall, by virtue of such conviction, be forfeited tothe State.

(2) Any fishing boat, engine fishing net or otherfishing gear or equipment or any vehicle or thing, or fish or other aquaticresources, or proceeds of sale of any fish or other aquatic resources depositedin court under section 46, forfeited to the State by reason of the operation ofsubsection (1) shall vest absolutely in the State. Such vesting shall takeeffect-

(a) where no appeal is preferred against the convictionby virtue of which the forfeiture has taken place upon the expira1ion of theperiod within which an appeal may be preferred to the Court of Appeal or to aHigh Court established under Article 154P of the Constitution against the conviction;or

(b) where an appeal has been preferred to the Courtof Appeal or to a High Court established under Article 154P of the Constitutionagainst such conviction or an appeal has been preferred to the Supreme Courtagainst the decision of the Court of Appeal or High Court as the case may be,upon the determination of such appeal confirming or upholding the conviction.

(3) The Director or any person authorized by himshall thereafter take possession of any fishing boat, engine fishing net orother fishing gear, or equipment, or any vehicle or thing, or fish or otheraquatic resources vested in the State under subsection (2), and may sell or otherwisedispose of the same.

(4) Any proceeds realised by selling any fishingboat, engine, fishing net or other fishing gear, or equipment, or any vehicleor thing or fish or other aquatic resources under subsection (3) shall becredited by the Director to the Fisheries Reward Fund.

(5) Any proceeds of the sale of fish or otheraquatic resources vested in the State under subsection (2) shall be transferredby the Magistrate to the Fisheries Reward.

52.(1) Where any offence, not being art offence under section27has been committed in contravention of any of the provisions of thisAct, the Director may, in the case of a first offender, having regard to thecircumstances which the offence was committed and with the approval at theMinister, compound such offence for a sum of money equal to not less than onefifth of the maximum fine that could be imposed for such offence, and order therelease of any fishing boat, engine, fishing net or other fishing gear orequipment, or any vehicle or thing, or fish or other aquatic resources seizedunder section 46 (4), in respect at which no order of detention has been madeby a Magistrate under section 46 (5), on payment of a sum of money notexceeding the estimated value of such fishing boat, engine fishing net or otherfishing gear, or equipment, or vehicle or thing, or fish or other aquatic resources.

(2) The compounding of any offence under subsection(1) shall be notified in writing under the signature of both parties to theMagistrate's Court, where. proceeding in connection with the commission of theoffence is pending and shall have the effect of an acquittal.

52A.Notwithstandinganything to the contrary contained in section to have 11 and section 14 of theCode of Criminal Procedure Act, No. 15 of 1979, the Magistrate's Court shallhave the jurisdiction to try Procedure Act offences specified in this Act, andto impose any fine as provided for such offences in this Act.".

52B. (1) Where the Director-Gencrnl has sufficientevidence to believe that any person being a licensee has acted in contraventionof the provision of sections 14A, 14E, 14F or 14G of this Act or any regulation made under sections 61(l)(t) or 61(1)(u) ofthis Act, he may on the recommendation of the panel appointed under section 52Eof this Act, and in the case of a first offender, having regard to the circumstancesin which the offence was committed and if it is appropriate to impose a penaltycause a notice to be served in the prescribed form on such person, requiringhim to appear within one month of the date of the receipt of such notice andhow cause why a penalty should not be imposed on him.

(2) Where the person on whom the notice is servedadmits that he acted m contravention of the provisions of sections 14A, 14E, 14For 14G of this Act or any regulation made under sections 61(1)(t) or 6l(1)(u)of this Act within one month of the date of receipt of such notice, theDirector-General hall impose on that person a monetary penalty not exceedingone third of the maximum fine that could be imposed under this Act to whichsuch person would be liable if convicted by a court.

(3) (a) Where the person on whom the notice isserved, appears within one month of the date of receipt of such nouce andstates that he has a cause to show against the imposition of the penalty, theDirector-General may proceed forthwith to hear and decide the matter in the mannerprescribed.

(b) Where the Director-General is not satisfiedwith reasons given he may after as assigning reason therefor, impose thepenalty specified in subsection (2) of this section.

(4) Where the Director-General impose a monetarypenalty on any person under this section for any contravention of the provisionsof sections 14A, 14E, 14F or 14G of this Act or any regulation made undersections 61 (1)(t) or 61(l)(u) of this Act he shall cause a notice in theprescribed form to be setvcd on such person.

(5) Any per on aggrieved by the decision of theDirector-General, may appeal to the Secretary of the Ministry of the Ministerto whom the subject of Fisheries and Aquatic Resources Development (hereinafterreferred to as "the Secretary") is assigned, within thirty days fromthe date of receipt of such decision made under subsection (3).

(6) The secretary shall make a decision on any suchappeal taking into consideration the decision of the Director-General and the circumstancesin which the offence was committed, and may either-

(a) allow, alter or vary the appeal and direct theDirector-General to act accordingly;or

(b) disallow the appeal for reasons stated.

(7) The Director-General shnll comply with anydirection issued to him by the secretary within fourteen days from such directionand shall communicate the direction of the Secretary to the person aggrieved byhis decision.

(8) Every notice under this section shall be sentunder registered post, and if sent under registered post or exhibited in thelast known place of abode, it shall be deemed to have been served on thatperson.

(9) Notwithstanding anything contained in this Act,no suit or prosecution shall lie in any court regarding the same offence, wherethe alleged offender has admitted the commission of such offence and paid suchpenalty.

52C. Any person aggrieved by the decision of theSecretary may prefer an appeal to the Court of Appeal within thirty days fromthe date of communication of such decision, on question of law.

52D. Any person engaged in fishing operations fails tolink with the Fisheries Monjtoring Centre or fails to operate vessel monitoringsystem during such fishing operation for a period of one hour then it is presumeduntil the contrary is proved that he has violated the provisions of sectionsl4A, 14E, 14F or 14G of this Act or any regulation made under sections 61(1)(t)or 61(1)(u) of this Act.”.

52E. (1) There shall be appointed by the Director-Generalin consultation with the Secretary to the Ministry of the Minister to whom thesubject of Fisheries and Aquatic Resources Development is assigned a panel of expertsconsisting of three person who have the knowledge and experience in the fieldsof marine engineering, law and accountancy.

(2) It shall be the function of such panel of expertsto make recommendations to the Director-General on circumstances under which heshall impose a monetary penalty on any person.

(3) The Minister shall pay such monetary remunerationas he shall determine in consultation with the Minister to whom the subject ofFinance isassiged to members of the panel.”

53.(1) Where a Magistrate has ordered the detention ofa fishing boat or other thing under section 48 (5), the owner or the personfrom whose possession such boat or other thing was seized may apply to theMagistrate for the release of such boat or other thing on the provision of abond or other security acceptable to the court.

(2) The Magistrate to whom an application is madeunder subsection (1) may order the release of the boat on other thing on theexecution by a person approved, by the magistrate of a bond or on the provisionof other security acceptable to court in an amount not less than the aggregateof the value of the fishing boat including all fishing gear equipment storesand carrying the value of the fish or other aquatic resources on board at thetime or seizure other than the value of any fish or other aqualic resourceswhich had been sold and the proceeds of which had been deposited in court inaccordance with tho proviso to section 44 (5)

(3) The amount specified in a bond shall berecoverable in fun by the Magistrate as a fine imposed by court in the event ora violation of the terms and conditions of the bond.

54.(1) For the purposes of this Act, is shall bepresumed until the contrary is proved that where any fish is found at any timein any fishing boat at any place for Sri Lanka or in Sri Lanka Waters, suchfish was taken-

(i) by the owner of that boat, if he is to the has atthe time or if no person is found to the boat at that time; or

(ii) by the person for the time being in the base andin charge thereof, if the owner is not to the boat at that time.

(2) In any prosecution for a contravention of anyof the provisions of section 27 in respect of any fish, it shall be presumeduntil the contrary is proved, that such fish was taken in Sri Lanka water.

55.(1) Where any poisonous exproslve or stupefying substanceor other anxious or harmful material or substance, which can be used for thepurpose of poisoning killing or stupefying fish is found in the possession oncontrol of any person In the neighborhood of any area of Srt Lanka Waters,shortly after such substance or material is proved, to have used such substanceor material ror the purpose aforesaid.

(2) where any poisonous explosive or stupefying substanceor other noxious or harmful material or substance whJch can be used for thepurpose of poisoning, kllllng of stupefying fish, if found in the possession orcontrol of any person In a fishing boat in sn lanka waters. that person shallbe presumed until the contrary to proved to have attempted to use such substanceor material for the purpose aforesaid.

56. where any fishing net or other fishing gear orequipment the use of which, in any specified part of Sri Lanka Waters isprohibited by any regulations made under this Act Is found ln the possession ofany regulation made under this Act is found in the possession of any personwithin the distance of half a mtle from such waters, then for the purpose ofany prosecution for a contravention of the regulation that person shall bepresumed until the contrary is proved to have used such net or other settinggear of equipment In such Waters.

57. Where any offence this Act Is committed by anyperson within or outside Sri Lanka waters, the Magistrate's Court havingjurisdiction-

(a) over that part of the coast nearest to theplace at which the offence was committed ; or

(b) over the place at which the person comes ashoreafter the commission of the offence, Shall have jurisdiction to try theoffence.

57A. Notwithstanding anything to the contrary In anyother law, fifty per centum of every fine imposed by a court for the commissionof an offence under section 49 of this Act, shall be credited to the Fund ofthe Authority.

 

PART X

GENERAL

58. It shall be the duty of the Director to ensurethat, in the administration of the provisions of this Act, the Secretary of theMinistry of the Minister of the Board of Ministers or every province in chargeof the subject of Fisheries is consulted on matters affecting fishingoperations within such province.

58A.(1) A Licensing Officer in the performance of hisduties under this Act, shall be required to declare his office and produce suchIdentification as may reasonably be sufficient to prove that he has beenappointed as a Licensing Officer for the purposes of this Act.

(2) The refusal by any person to comply with arequest, demand or order made by a Licensing Officer shall not be an offenceunder this Act, if such Officer fails to declare his office or produce suchidentification as may reasonably be sufficient to prove that he has been appointedas a Licensing Officers under this Act.".

59.(1) There shall be a fund which shall be called theFisheries Reward Fund (hereinatter referred to as "the Reward Fund'').

(2) The Director shall be responsible for the administrationof the Reward Fund.

(3) There shall be credited to the Reward Fund all proceedsrealized of sales under section 51 (4).

(4) The Director may from time to time pay out ofthe Reward Fund, a reward-

(a) to any officer appointed under section 2 :

(b) to any authorized officer : or

(c) to any informer,

of such sum of money as he may deem fit provided,however, that such sum shall not exceed the maximum prescribed by regulations madeunder this Act.

(5) The accounts of the Reward Fund shall beaudited annually by lhe Auditor-General in accordance with Article 154 of theConstitution.

60. (1) There shall be charged, levied and recovered acess on any fish or fish products imported to Sri Lanka in addition to any dutyimposed under any other written law at such rate as may be determined from timeto time by Parliament by resolution.

For the purpose or this section "fishproducts" means edible or non-edlble products processed from fish and otheraquatic resources and Includes fresh, frozen, or canned products, fish oil, fishmeal ond fertilizer.

(2) The cess shall be collected by theDirector-General of Customs and credited to the Consolidated Fund.

(3) This section shall apply as though it formedpart of the Customs Ordinance and the provisions of that Ordinance shall applyaccordingly.


61.(1) The Minister may make regulations for and inrespect of all or any of the following matters:-

(a) all matters stated or required in this Act to beprescribed or for which regulations are authorized or required to be made underthis Act:

(b) the reservation of specified areas of Sri LankaWaters for different types of fisheries or methods of fishing:

 (c) theconstruction of all types of fishing boats;

(d) the type, size and manner of marking of registeredfishing boats;

(e) the periodic inspection of fishing boats and theissue of certificates of seaworthiness and the fees payable for suchinspection;

(f) the minimum standards of navigation to be observed,and the safety equipment required to be kept, by the owners of local fishingboats operating in Sri Lanka Waters;

(g) the minimum manning standards to be observed bythe owners of local fishing boats;

(h) the registration of fishing nets or other specifiedfishing gear or equipment used in Sri Lanka Waters or in any part of suchwaters, and of the owners thereof, the officers by whom they shall beregistered, the fees payable for such registration, and the marking ofregistered fishing gear or equipment;

(i) the protection of the aquatic medium;

(j) the prohibition of the use of any specified equipment,device, method or substance for the purpose of, or in connection with, the takingof fish and other aquatic resources, and the regulation of the time and themanner of the taking of fish and other aquatic resources;

(k) the regulation of the exercise of the powers contractedby section 46;

"(kk) the implementation of the provisions ofa Development and Management Plan approved by the Minister and published in theGazette under section 318(4).".

(l) the taking and landing of fish and other aquaticresources and the control and management of landing areas ;

(m) the regulation of the bending and distributionof fish and other aquatic resources and the maintenance of quality of fish,fish products and other aquatic resources ;

(n) the prohibition, regulation or control of the erectionand use of fishing stakes, fish kraals, fishing gear, stake nets and other suchappliances for the taking of fish;

(o) the management, regulation and protection offisheries reserves ;

(p) the licensing of establishments for the processingof fish and other aquatic resources and the conditions to be attached to such licences;

(r) the management of inland fisheries ;

(s) the collection of statistics and the provision ofinformation by persons who are engaged in fishing, marketing or processing offish and aquaculture enterprises,       

"(sa) the criteria to be adopted in the selectionof skippers of local fishing boats for training;

(sb) the formulation of a scheme for the issue ofcertificates of competence ·to skippers of local fishing boats and the syllabusto be followed for the training of skippers of local fishing boats;

(sc) the protection of fish breeding ecosystems;

(sd) the prevention of the disposal of industrialand domestic waste in Sri Lanka waters, and the prevention of the filling of SriLanka Waters, in a manner detrimental to fish and aquatic resources in suchwaters;

(se) the registration of boats used for recreationalfishing and the issue of licences for recreational fishing;

(sf) the prohibition and regulation of the import,manufacture and sale of fishing gear, equipment and engines used for fishingoperations;

(sg) the technical instruments for monitoring andsurveillance required to be installed and maintained in local fishing boats;

(sh) the transponders required to be fixed in localfishing boats with fitted board engines;

(si) the establishment of the National FisheriesFederation and Fisheries Organizations at District and village levels;

(t) implementing conservation and managementmeasures adopted-

(i) under the United Nations Convention on the Lawof the Sea of 10 December, 1982;

(ii) by the Indian Ocean Tuna Commission;

(iii) under the Fish Stocks Agreement 1995;

(iv) under the Food and Agriculture Organization(FAO) of the United Nations Agreement on Port State Measures to Prevent, Deterand Eliminate illegal Unreported and Unregulated Fishing 2009.".

 (u) theregulation of export and import of fish and fishery products.

(2) Every regulation made by the Minister under subsection(1) shall be published in the Gazette and shall come into operation on the dateof such publication or on such later than as may be specified in the regulation.

(3) Every regulation made by the Minister shall, assoon as convenient after its publication in the Gazette, be brought beforeparliament for approval. Any regulation which is not so approved shall bedeemed to be rescinded from the date of its disapproval but without prejudiceto anything previously done thereunder.

(4) Notification of the date on which anyregulation be deemed to be rescinded under subsection (3) shall be published inthe Gazette.

62.(1) No action small lie against any officerappointed under section 2 or any officer authorized under section 46, for anydamages in any civil court for any act done in good faith in pursuance orsupposed pursuance of any of provision of this Act.

(2) No prosecution against any offic.er appointedunder section 2 or an officer authorized under section 46 in respect; of anyact done by him in pursuance supposed pursuance of any provision of this Actshall be entertained by any court unless such action is instituted within sixmonths of the date of the act complained of.

63.The Fisheries Ordinance (Chapter 212), the Chankfisheries Act (chapter 213), the Pearl fisheries Ordinance (chapter 214) andthe Whaling Ordinance (Chapter 215) are hereby repealed.

64. Notwithstanding the repeal of the fisheriesOrdinance-

(a) all regulations made Under that Ordinance andin force on the day preceding the date of commencement of this act shall in sofar as they are not inconsistent with the provisions of this, or any regulationmade thereunder, continue in force in like manner as if they were made underthis Act, and may be amended, varied or rescinded by regulations made underthis Act;

(b) all actions. prosecutions, proceedings orreferences of fishing disputes under that Ordinance, pending or incomplete onthe date of commencement of this Act may be carried on and completed after thedate of commencement of this Act as if the provisions of the FisheriesOrdinance were not repealed ;

(c) all moneys lying to the credit of the FisheriesReward Fund established under section 36 of that Ordinance on the dayprecedingthe date of Commencement of this act shall stand transferred to the FisheriesReward Fund established under section 59 of this Act ;

(d) every instrument of mortgage and everyinstrument of transfer registered under that Ordinance and subsisting on theday preceding the date of commencement of this Act shall be deemed to beinstruments registered under this Act;

(e) all permits and licences issued orregistrations made under that Ordinance and in force on the day preceding thedate of commencement of this Act, shall be deemed to be permits or licenses orregistrations issued or made under this Act.

65. In the event of any inconsistency between theSinhala and Tamil texts of this Act, the Sinhala text shall prevail.

66. In this Act unless the context otherwise requires-

"Agreement on Port State Measures to Prevent, Deterand Eliminate illegal Unreported and Unregulated Fishing 2009" means theAgreement to prevent, dater and eliminate illegal, Unreported and Unregulated(IUU) fishing through the implementation of effective port state measures, andthereby to ensure the long term conservation and sustainable use oflivingmarine resources and marine ecosystems, signed in Rome on November 22, 2009;

"aquaculture" means the cultivation,propagation or farming of fish or other living aquatic resources, and includescultivation, propagation or farming from eggs, spawn, spat or seed, or byrearing fish or aquatic plants or aquatic resources lawfully taken from thewild or lawfully imported into the country or by other similar process;"

"aquatic medium" means any medium inwhich fish and other aquatic resources are found;

"aquaculture operation" means the conductof aquaculture in any area, enclosure, pond, impoundment, premises or structureset up or used for the cultivation of aquatic plants or organisms includingfish for commercial purposes and includes any bed or raft or other structureused for the cultivation of pearl oyster and other shellfish;

"aquatic resources'' means living aquaticorganisms and includes any seaweed, phytoplankton or other aquatic flora andnon-living substances found in an aquatic medium ;

"Authority" means the NationalAquaculture Development Authority of Sri Lanka established by the NationalAquaculture Development Authority of Sri Lanka Act. No. 53 of 1998;

"authorized officer" means any officerauthorized by the Director under section 46 (1) and includes any officer of theArmy. Air Force or Police not below the rank of Sergeant and any officer of theNavy not below the rank of Petty Officer;

"Conservation and management measures"means the measures taken to conserve or manage one or more species of livingmarine resources;

"exclusive economic zone " means the areadeclared to be the exclusive economic zone of Sri Lanka by proclamation madeunder section 5 of the Maritime Zones Law, No. 22 of 1976;

"export" means to take out of the limitsof Sri Lanka to sea or to a foreign country;

"fish" means any water dwelling aquaticor marine animal, alive or not, and includes their eggs, spawn, spat andjuvenile stages, and any of their parts, and includes all organisms belongingto sedentary species;

"fishing baat" means any vessel which infor the time being employed for the purpose of taking of fish and includes itspropulsion unit and fishing gear and other equipment;

"fishing dispute" means any disputebetween two or more persons or groups of persons engaged in fishing in regardto the right to fish, or to the time, manner or location of fishing in any partof Sri Lanka Waters and includes a dispute regarding the use of water or landfor aquaculture purposes ; "

"fishing operation" means catching,taking, killing, collecting, or culturing fish by any method and Includes anattempt to catch, take, kill, collect or culture fish;

"Fish Stocks Agreement 1995" means theAgreement for the implementation of the United Nations Convention on the Law ofthe Sea of December 10, 1982, relating to the conservation and management ofstraddling fish stocks and highly migratory fish stocks, signed in New York onDecember 04, 1995;

"foreign fishing boat" means any fishingboat other than a local fishing boat,

"High Seas" means the waters beyond SriLanka waters or beyond the waters within the national jurisdiction of any otherState;

'' import" means to bring into Sri Lanka, bysea or by air, from any place outside or beyond the limits of Sri Lanka;

"Indian Ocean Tuna Commission" means theIndian Ocean Tuna Commission established by the Agreement for the establishmentof the Indian Ocean Tuna Commission, adopted by the Council of the UnitedNations Food and Agriculture Organization (FAO) in Rome on November 25, 1993; and

" inland waters" means any public rivers,lakes, estuaries, lagoons, streams, tanks, pools, channels and any other publicareas of fresh or brackish water in Sri Lanka;

"local fishing boat" means any fishingboat-

(a) wholly owned by the Government of Sri Lanka orany public corporation established by or under any law of Sri Lanka;

(b) wholly owned by one or more persons who are citizensof Sri Lanka; or

(c) wholly owned by any company. society or other associationof persons, incorporated or established under the law of Sri Lanka, a majorityof the voting shares of which are hold by

"Minister" means the Minister appointedunder Article 44 of the constitution to be in charge of the subject ofFisheries, and Aquatic Resources:

"National AqJatic Resources Research andDevelopment Agency" means the National Aquatic Resources Research andDevelopment Agency established by the National Aquatic Resources Research andDevelopment Agency Act, No. 54 of 1981;

"pearl bank" means such area as may fromtime to time be prescribed by regulation and includes the bed of such pearlbank;

"pearl oyster" means a pearl bearingoyster of any description, and includes the mollusc commonly called the"window pane oyster" or the" Tam-palakam pearl oyster" andscientifically known as Piacuns placenta, as well as any other pearl producingrnollusc which rnay be introduced, or laid down, off the coasts of Sri Lanka,or in the days or inland waters of Sri Lanka;

"prescribed" means prescribed byregulations made under this Act;

"sale" with its grammatical variationsand cognate expressions,means any transfer of the possession of fish by oneperson to another in the ordinary course of trade or business for cash or deferredpayment or for other valuable consideration ;

"sedentary species" means any marine oraquatic organisms which, at the harvestable state, are immobile on or under thebed of the sea or water, or unable to move except in constant physical contactwith subsoil or bed of the sea or water, as the case may be;

"Sri Lanka Waters" means-

(a) the area declared to be the territorial sea ofSri Lanka by proclamation made under section 2 of the Maritime Zones Law, No.22 of 1976;

(b) the area declared to be the contiguous some ofSri Lanka by proclamation made under section 4 of the Maritime Zones Law. No.22 of 1976;

(c) the area declared to be the exclusive economiczone of Sri Lanka by proclamation made under section 5 of the Maritime ZonesLaw, No. 22 of 1976;

(d) the area declared to be the historic waters ofSri Lanka by proclamation made under Section 9 of the Maritime Zones Law, No of1976; and

(e) all public baya, rivers, lakes, lagoone,entraries, streams, tanks, pools, channels, and all other public inland orinternal waters.

"United Nations Conventfion on the Law of theSea of December 10, 1982" means the Convention on the Law of the Seasigned in Montego Bay, Jamaica on December 10, 1982.'.

67. The Provisions of this Act shall be in additionis and not of derogation of the provisions of the Fauna and flora protection Ordinance(Chapter 469) and the Forest Ordinance (Chapter 451) or of any regulation orrule made under such Ordinances relating to the taking of fish or to thecarries of taking fish in Sri Lanka Waters.

 

 

FISHERIES AND AQUATIC RESOURCES(AMENDMENT)

ACT 2017

No.11 OF 2017

25thof July, 2017

1. This Actmay be cited as the Fisheries and Aquatic Resources (Amendment) Act, No. 11 of2017.

2. Thefollowing new section is hereby inserted immediately after section 28 of theFisheries and Aquatic Resources Act, No. 2 of 1996 (hereinafter referred to asthe “principal enactment”) and shall have effect as section 28A of thatenactment:—

28A. (1) (a)No person shall engage in or cause any other person to be engaged in fishingoperations utilizing bottom trawl nets, including nets with or without twowings or using vertical poles at the two free ends of the net, to be towed bymotorized or mechanized fishing boats.

(b)No person shall use, possess, import, transport, purchase or sell any bottomtrawl net, to be towed by a motorized or mechanized fishing boat for thepurpose of carrying out fishing operations in Sri Lanka Waters.

(2) No license shall be issued by the Director-Generalunder Part II of this Act for fishing operations carried out by bottom trawl netsto be towed by a motorized or mechanized fishing boat in Sri Lanka Waters.

(3) Any license, issued under this Act for fishingoperations carried out utilizing bottom trawl nets towed by motorized ormechanized fishing boats in Sri Lanka Waters, shall not be renewed:

Provided that, a license already issued for the useof bottom trawl nets and which is still in force on the day preceding the date ofcommencement of this Act, shall notwithstanding anything to the contrary in thisAct, continue to be valid for the purpose and in respect of which the licensehas been issued, for the period specified therein.”.

3. Section49 of the principal enactment is hereby amended by the insertion immediatelyafter subsection (2A) thereof, of the following new subsection:—

“(2AA) Any person who contravenes or fails to complywith the provisions of section 28A of this Act shall be guilty of an offenceand shall on conviction after summary trial before a Magistrate, be liable toan imprisonment for a term not exceeding two years or to a fine not less thanfifty thousand rupees.”.

4. Section66 of the principal enactment is hereby amended by the insertion, immediatelyafter the definition of the expression “Sri Lanka Waters”, of the following newdefinition:—

““bottom trawl net” means a towing net having a coneshaped body and a bag or cod end (madiya) connected to the apex with or withouttwo wings connected to the other end and towed by motorized or mechanized fishingboats.”.

5. Theprovisions of section 28A of this Act, shall have effect notwithstandinganything to the contrary in any other written law, and accordingly, in theevent of any conflict or inconsistency between the provisions of section 28A ofthis Act and such other law, the provisions of section 28A of this Act shallprevail.

6. In theevent of any inconsistency between the Sinhala and Tamil texts of this Act, theSinhala text shall prevail.


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