Malaysia legislation

Section 5

of FISHERIES (AMENDMENT) ACT 2025

Section 5

Amendment of section 2

(a)

by inserting after the definition of “owner” the following definition:

‘ “part or derivative” means any substantially complete or part or derivative of a fish or turtle, in natural form, stuffed, chilled, preserved, dried, processed or otherwise treated or prepared which may or may not be contained in preparations, and includes—

(a)

meat, bones, gland, skin, teeth, shell, scales, fin, claws, air-bladder and eggs;

(b)

tissue, blood, fat, oil, venom and excrete;

(c)

any compound derived from anything mentioned in paragraph (a) or (b); and

(d)

any thing which is claimed by any person, or which appears from an accompanying document, the packaging, a label or a mark or from any other circumstances, to contain a part or derivative of a fish or turtle;’;

(b)

by inserting after the definition of “exclusive economic zone” the following definition:

‘ “export” means to take or cause to be taken out of Malaysia by land, sea, riverine waters or air, any fish, but does not include re-export;’;

(c)

by inserting after the definition of “processing”

the following definition:

‘ “re-export” means the export of any fish which has been previously imported;’;

(d)

in the national language text, by deleting the definition of “empunya”;

(e)

in the definition of “fish”, by substituting for the words

“or young, but does not include” the words “or young, or their part or derivative, but does not include”;

(f)

by inserting after the definition of “foreign fishing vessel”

the following definition:

‘ “import” means to bring in or cause to be brought into Malaysia by land, sea, riverine waters or air, any fish other than fish in transit in Malaysia;’;

(g)

by substituting for the definition of “territorial sea of Malaysia”

the following definition:

‘ “territorial sea of Malaysia” means the territorial waters of Malaysia in accordance with the limit of territorial sea of Malaysia as provided for under section 3 of the Territorial Sea Act 2012 [Act 750];’;

(h)

in the English language text, in the definition of “owner”—

(i)

by inserting after the words “includes any”

the words “joint venture partner,”; and

(ii)

by inserting after the words “sub-lessee of the vessel” the words “, or beneficial owner of the vessel as defined in section 2 of the Companies

Act 2016 [Act 777]”;

(i)

in the national language text, by inserting after the definition of

“pegawai perikanan darat” the following definition:

‘ “pemunya”, berhubungan dengan vesel penangkapan ikan, ertinya mana-mana orang atau kumpulan orang sama ada diperbadankan atau tidak diperbadankan, yang memiliki vesel itu dan termasuklah mana-mana

Fisheries (Amendment)

7

pekongsi usaha sama, pencarter, subpencarter, penerima pajak atau subpenerima pajak vesel itu, atau pemunya benefisial vesel itu sebagaimana yang ditakrifkan dalam seksyen 2 Akta Syarikat 2016 [Akta 777];’;

(j)

by inserting after the definition of “authorized officer”

the following definition:

‘ “conveyance” means any aircraft, vehicle, vessel other than fishing vessel or any other mode of transport whether by land, sea or air;’;

(k)

by inserting before the new definition of “export”

the following definition:

‘ “expansion” means expansion services and includes education process pertaining to government policies, training, technology transfer, innovation, demonstration, information and publicity conducted systematically;’;

(l)

by substituting for the definition of “fishing appliance”

the following definition:

‘ “fishing appliance” means any fishing appliance as prescribed under section 61 of this Act;’;

(m)

by substituting for the definition of “traditional fishing appliance” the following definition:

‘ “traditional fishing appliance” means any fishing appliance as prescribed under section 61 of this Act operated—

(a)

without the use of a fishing vessel;

(b)

with the use of a non-motorized fishing vessel; or

(c)

with the use of a motorized fishing vessel of not more than forty gross registered tonnage;’;

(n)

in the definition of “fish-aggregation device”, by deleting the words “for the purposes of fishing”;

(o)

by inserting after the definition of “traditional fishing appliance” the following definition:

‘ “transhipment” means transferring of fish, supplies, fuel or bait between fishing vessels or conveyances beyond the jurisdiction of the Customs Act 1967

[Act 235];’; and

(p)

in the definition of “local fishing vessel”—

(i)

in paragraph (a)(iv), by deleting the word “or”

at the end of the paragraph;

(ii)

by inserting after paragraph (a) the following paragraph:

“(aa) in relation to fishing on the high seas, which is not registered outside

Malaysia and is owned by a company incorporated under the Companies

Act 2016 which majority of the company’s shares are held by citizen of Malaysia who resides in Malaysia;

or”; and

(iii)

in paragraph (b), by substituting for the words “or body corporate described under subparagraph (a)(i), (a)(ii), (a)(iii) or (a)(iv)”

the words “, body corporate or company described under paragraph (a) or (aa)”.

Amendment of section 3