Malaysia legislation
Section 38
Section 38
(a)
to promote and regulate aquaculture in riverine waters and, in particular, provide for the leasing and licensing of lakes, swamps, mining pools and other pools and land and other areas for the cultivation of fish, prescribe standards for the construction and operation of aquaculture establishments
(including the size and depth of ponds), measures for the prevention of fish diseases and controls over particular species of fish which may be produced by cultivation;
(b)
to provide for the licensing, regulation and management of any particular inland fishery and for the management of turtles;
(c)
to provide for the licensing of fishing vessels and fishing appliances operating or in use in riverine waters;
(d)
to regulate or prohibit any method of fishing in riverine waters or the use or possession of certain types of traps or nets, and to prescribe minimum mesh sizes for fishing nets;
(e)
to regulate or prohibit the erection, maintenance, marking and operation of fishing stakes in riverine waters;
(f)
to prescribe the minimum weights and sizes of fish which may be caught in riverine waters for the purpose of sale, processing, consumption or sport, or to prohibit fishing for any prescribed species of fish;
(g)
to prescribe closed seasons for fishing in any designated area, fishing for certain species of fish or fishing using certain methods of fishing in riverine waters;
(h)
to designate prohibited areas for fishing for all or certain species of fish or fishing using certain methods of fishing in riverine waters;
(i)
to designate persons by name or office to be licensing officers under this Part and to prescribe the powers to be exercised by such officers and by fisheries officers or inland
42 Laws of Malaysia ACT 317
fisheries officers, as the case may be, with respect to turtles and inland fisheries;
(j)
to prescribe condition and procedures for application for any permit, licence, certificate or other document required under rules made under this Part relating to turtles and inland fisheries the form thereof and the amount of fees and deposits payable therefor;
(k)
for the purpose of the conservation of fish in riverine waters, to regulate and control the construction of any slides, dams or other obstruction, or the removal of sand or gravel or other alteration to the natural environment or habitat of fish;
(l)
to prescribe penalties for offences; and
(m)
to designate, prescribe, promote, provide or regulate any other matter for the proper conservation, development, management and regulation of turtles and inland fisheries.
(2)
In this section, “turtles” includes the eggs of turtles.