Malaysia legislation

Section 14

of *FISHERIES ACT 1985

Section 14

(1A)

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

(2)

(a)

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

(b)

The Director General shall refuse permission for a licensed fishing vessel or fishing appliance to be modified or changed unless he is satisfied that it is necessary so to do for the proper management of any particular fishery.

(3)

(a)

Any licence issued under this Act in respect of a fishing vessel, fishing stakes, a fishing appliance, fish-aggregation device or marine culture system shall be valid for that or those particular fishing vessel, fishing stakes, fishing appliance, fish-aggregation device or marine culture system and shall not be used for any other fishing vessel, fishing stakes, fishing appliance, fish-aggregation device or marine culture system, and such licence shall at all times be visibly displayed on or visibly attached to the fishing vessel, fishing stakes, fishing appliance, fish-aggregation device or marine culture system.

(b)

Where any fishing vessel uses the letters, numbers or other means of identification of another fishing vessel, the owner, master and every

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member of the crew of the fishing vessel using such letters, numbers or other means of identification shall each be guilty of an offence.

(4)

(a)

Subject to paragraph (aa), any licence or permit in respect of a fishing vessel, fishing stakes, a fishing appliance, fish-aggregation device or marine culture system shall be issued under this Act in the name of the applicant for such licence or permit and shall not be transferable.

(aa) Notwithstanding paragraph (a), the Director General may, upon an application, allow the transfer of any licence or permit referred to under that paragraph where he is satisfied that the applicant is a person who would otherwise qualify to hold such licence or permit under this Act.

(b)

Any person who uses any licence or permit issued in the name of any other person under this Act shall be guilty of an offence.

(5)

Where a fishing vessel which has been licensed as a local fishing vessel ceases to be a local fishing vessel, its licence shall lapse forthwith and shall be deemed to be cancelled.

Presumption in respect of person found on board any local fishing vessel