FISHERIES ACT 1963

The provisions of this Act so far as they relate to riverine fishing shall not come into operation in any State in West Malaysia until they have been adopted by a law $ ^{} $ made by the Legislature of that State.

A licensing officer may attach to a licence such conditions as the Director General or a fishery officer may deem to be appropriate.

A licensing officer may, with the approval of the Director General, refuse to issue a licence under this section or may revoke any licence already issued.

Any person aggrieved by the refusal of a licensing officer to issue a licence or by the revocation by such officer of any licence, may appeal-

A licence issued under this Act or any regulations or rules made thereunder shall not be transferable and shall be attached to or carried on the vessel to which it relates at all times when the vessel is in use.

In the case of a licence issued under this Act in respect of a partnership, the names of all the partners and, from time to time, the names of new partners, shall be disclosed to the licensing officer and shall be entered in the licence, and a licence to two or more persons shall not expire on the death or retirement from business of any one or more of the partners.

ACT 210

The Director General shall have the general vision of all matters relating to fisheries th

The Director General may delegate the exercise of any or all of the powers conferred upon him by this Act to such persons as he may think fit. 7. (1) The Yang di-Pertuan Agong may appoint Fishery Officers and Deputy Maritime

The Director General shall have the general supervision of all matters relating to fisheries throughout Malaysia. (3) The Director General may delegate the any or all of the powers conferred upon

The Deputy Director General of Fisheries, the Maritime Fishery Officers and the Deputy Maritime Fishery Officers shall perform their duties under the direction of the Director General. 8. The State Authority may appoint Inland Fishery and Deputy Inland Fishery

Any person who is found in possession of fish which has been captured with the aid of any explosive or poisonous substance and who does not give a satisfactory account as to how he came to be in possession thereof, shall be guilty of an offence.

Where an offence is continued after conviction or where an order made under this Act is not obeyed within the time required, there shall be payable by the offender for each day that the offence or failure to obey is continued, a fine not exceeding fifty ringgit; and where such offence is continued for a period exceeding ten days after conviction, the offender shall be liable to a term of imprisonment not exceeding six months.

Arrest, search, seizure and forfeiture

stop, search and detain all vessels, vehicles, nets, instruments, fishing materials, appliances, fish or fishing stakes in respect of which he has reason to believe that an offence has been committed contrary to this Act or any regulations or rules made thereunder;

search and examine any fishing stakes, nets, instruments, materials and appliances used in catching fish and effect the removal and destruction of any unlicensed fishing stakes; and

arrest any person found committing or attempting to commit or abetting the commission of an offence against this Act or any regulations or rules made thereunder.

Section 24 of the Criminal Procedure Code shall apply to a fishery officer as it applies to a police officer.

A fishery officer, and any police officer not in uniform when acting under this Act, shall on demand declare his office and produce to any person against whom he is taking action such identification card as the Director General or the Inspector General of Police respectively shall prescribe.

The Director General may order that any fish seized under this section shall be sold in such manner as may be specified by him and the proceeds of sale thereof shall be held to abide the result of any prosecution or claim.

All things liable to seizure under subsection (1), including the proceeds of sale under subsection (2), shall be liable to forfeiture.

It shall not be an offence for any person to refuse to comply with any request, demand or order made by any fishery officer or any police officer (not in uniform), if such fishery officer or police officer refuses on demand being made by such person to declare his office or produce his identification card.

Whenever anything is seized under subsection (1), the seizing officer shall forthwith give notice in writing of such seizure and grounds thereof to the owner of the thing, if known, in accordance with section 23:

Provided that such notice shall not be required to be given where such seizure is made in the presence of the offender or owner or his agent.

the offence committed is for—

using any net, instrument, fishing material or appliance which is prohibited by or under this Act or any regulations or rules made thereunder; or

that thing was the subject matter of, or was used in the commission of, the offence, notwithstanding that no person may have been convicted of such offence.

All things forfeited shall be delivered to a proper fishery officer and shall be disposed of in accordance with the directions of the Director General.

The court may order the removal and destruction of any offending stakes or part thereof, and any costs incurred by a fishery officer or police officer in effecting such removal and destruction shall be borne by the owner of such stakes and shall be recoverable as a fine imposed under this Act.

Any person asserting that he is the owner of anything liable to forfeiture under subsection (1) and that it is not liable to forfeiture may personally or by his agents authorized in writing give written notice to a fishery officer or a police officer not below the rank of an Inspector that he claims the same.

On receipt of such notice the fishery officer or police officer shall refer the claim to the court for its decision.

The court to which reference is made under subsection (3) shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom it was seized to appear before it, and upon their appearance or default to appear, due service of such summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under this Act or any regulations or rules made thereunder has been committed and that such thing was the subject matter, or was used in the commission of such offence shall order the same to be forfeited, or may in the absence of such proof order its release.

The Minister may upon application made to him in writing through the Director General order anything forfeited under this Act whether forfeited or taken and deemed to be forfeited, to be delivered to the owner or

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other person entitled thereto, upon such terms and conditions as he deems fit:

Provided that any such application shall be made before the expiration of one calendar month from the date of forfeiture of such thing or from the date on which such thing shall be taken and deemed to be forfeited, as the case may be.

Criminal liability

that he used due diligence to secure compliance with this Act or the regulations or rules made thereunder; and

that the offence was committed without his knowledge, consent or connivance.

General

regulate or prohibit the erection, maintenance, working, repair and lighting of fishing stakes in maritime and estuarine waters;

regulate or prohibit any method of fishing or the possession in a vessel of traps or fishing nets or the use of traps or fishing nets in maritime and estuarine waters;

provide for the licensing, control and supervision and protection in maritime and estuarine waters of any fishery and of the cultivation of fish or any particular species of fish

prescribe the species or the minimum weights and sizes of fish which may be captured or taken for the purposes of sale, processing, consumption, consignment or sport;

prescribe the areas in maritime and estuarine waters and the periods of time in the year within which fish or any particular species or size of fish may be killed or captured;

prescribe the areas in maritime and estuarine waters and the periods of time in the year within which any particular method of fishing is prohibited or restricted;

prohibit, except in accordance with the terms and conditions of a licence, the killing or capture of fish or any particular species or size of fish in any specified areas;

require the supply by any person concerned in the capture or cultivation of fish or by any fish dealer of such information as may be necessary to determine the measures to be taken to improve the fishing industry and trade;

prescribe persons by name or by office to be licensing officers for the purposes of this Act, other than the cultivation of fish in riverine waters;

prescribe the powers to be exercised by fishery officers;

prohibit or control the importation into, or the sale, cultivation or keeping in, West Malaysia of live fish or any particular species of fish which are not natives of West Malaysia and in Sabah and Sarawak of live fish or any particular species of fish which are not natives of Sabah and Sarawak;

control the methods of curing fish;

control the marketing and distribution of fish;

prescribe areas where fish may be landed;

control fish landing areas and to appoint such boards as are required to effect such control;

prescribe fees for any licence to be issued or for any other service performed under this Act or any regulations made thereunder, other than for licences issued or for services performed in connection with the cultivation of fish in riverine waters.

In particular and without prejudice to the powers conferred by subsection (1), any rules made under this section may—

In this section "fish" includes turtles and their eggs.

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

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

by fixing a copy of the document to any conspicuous part of his house; or

by registered letter addressed to his last place of abode.

A document which is to be served on the master of a vessel registered in Malaysia may, if the master cannot be found, be served on the managing owner of the vessel or, if there is no managing owner, on some agent of the owner residing in Malaysia or, where no such agent is known or can be found, by affixing a copy thereof to the mast of the vessel.

The Minister may by order exempt any person from the provisions of this Act and of any regulations or rules made thereunder, either absolutely or conditionally.

Subsidiary legislation made under the Fisheries Ordinance, 1963, of Sabah and the Sea Fishing and Kilongs Ordinance of Sarawak, except for the Sea Fishing Boats (Registration) Regulations made under the Sea Fishing and Kilongs Ordinance of Sarawak, shall, so far as the same is not inconsistent with this Act, continue in force until replaced or revoked by subsidiary legislation made under this Act and shall have effect with such modifications as may be necessary to bring the same into accord with this Act.

The Sea Fishing Boats (Registration) Regulations shall be deemed to have been made under the Merchant Shipping Ordinance, 1960, of Sarawak and shall, so far as the same are not inconsistent with the said Ordinance, continue in force until replaced or revoked by regulations made thereunder and shall have effect with such modifications as may be necessary to bring them into accord with the said Ordinance.

SCHEDULB (Section 25)

NumberShort titleExtent of RepealSS. Cap. 146 ...Fisheries Ordinance ...The wholeF.M.S. Enactment No. 20 of 1937Fisheries Enactment ...” ”Kedah Enactment No. 40 ...Fisheries Enactment ...” ”Kelantan Enactment No. 32 of 1939Fisheries Enactment ...” ”Perlis Enactment of 1334 ...Fisheries Enactment ...” ”Trengganu Enactment No. 1 of 1357Fisheries Enactment ...” ”Johore Enactment No. 35 ...Port and Shipping ...In so far as it relates to fishingSabah Ordinance No. 8 of 1963Fisheries Ordinance ...The wholeSarawak Ordinance Cap. 73Sea Fishing and Kilongs Ordinance” ”

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FISHERIES ACT, 1963 (Revised—1978)

Particulars under section 7 (ii) and (iii) of the Revision of Laws Act, 1968 (Act 1)

LIST OF AMENDMENTS

Act 14/1964 ... Fisheries (Amendment) Act, 1964 30-1-1964 L.N.37/64

Act 20/1967 ... Fisheries (Amendment) Act, 1967 6-4-1967 Act, 1971 17-9-1971

Act 20/1967 ... Fisheries (Amendment)

Act A66 ... Fisheries (Amendment) Act, 1971 17-9-1971

Act 1972 13-10-1972

Act A66 ... Fisheries (Amendment) Act, 1972 13-10-1972

Act A152 ... Fisheries (Amendment) Act, 1972 1-12-1972

P.U. (A) 274/1972 Fisheries Act (Extension) Order, 1-12-1972 1972

Act A243 ... Fisheries (Amendment) Act, 1974 15-3-1974 (Pingit) 20.8.1975

Act A245 ... Act 160 ... ... Malaysian Currency (Ringgit) 29-8-1975 Act, 1975

Act A354 ... Constitution (Amendment) Act, 27-8-1976 1976, S.

LIST OF LAWS OR PARTS No.

THEREOF SUPERSEDED Title

F.M. Act No. 8 of Fisheries Act, 1963

P.U. (A) 274 of Fisheries Act (Extension) Order, 1972—paragraph 4 and First Schedule.