Section 40 — FISHERIES ACT 1985

(a)

imports into or exports out of Malaysia;

Fisheries 43

(b)

transports from Peninsular Malaysia into the Federal

Territory of Labuan or the State of Sabah or Sarawak;

(c)

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

(d)

transports from the Federal Territory of Labuan into the

State of Sabah or Sarawak;

(e)

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

(f)

transports from the State of Sarawak into the Federal

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

(2)

The Director General may impose such conditions as he thinks fit in the permit, including conditions concerning the state of cleanliness of the fish to be exported, imported or transported and measures to avoid the spread of communicable fish diseases, or to avoid or control the release into the natural environment of non-indigenous species of fish.

(3)

Notwithstanding subsections (1) and (2), the permit to import or to export any live fish shall be issued by the Director General of

Quarantine and Inspection in accordance with the Malaysian

Quarantine and Inspection Services Act 2011 [Act 728].

(4)

Any person who imports or exports any live fish without a permit issued by the Director General of Quarantine and Inspection commits an offence under the Malaysian Quarantine and Inspection

Services Act 2011.

(5)

An application for a permit to import and export any live fish shall be made in accordance with the Malaysian Quarantine and

Inspection Services Act 2011.

44 Laws of Malaysia ACT 317

(6)

The enforcement in relation to live fish at the entry points, quarantine stations and quarantine premises shall be carried out by an enforcement officer appointed under the Malaysian Quarantine and

Inspection Services Act 2011 in accordance with the powers under that

Act.

(7)

For the purposes of this section, “entry point”, “quarantine station” and “quarantine premises” shall have the same meanings as assigned to these expressions in the Malaysian Quarantine and

Inspection Services Act 2011.