Section 11
Section 11
The Director General may, upon application and upon payment of the prescribed fee and payment of any prescribed deposit, issue a licence in respect of any local fishing vessel, fishing stakes, fishing appliance, fish-aggregation device or marine culture system, subject to such conditions as he thinks fit to impose or which may be prescribed in regulations made under this Act.
(2)
No licence shall be issued in respect of any fishing stakes, fishing appliance, fish-aggregation device or marine culture system which causes or is likely to cause any obstruction to navigation or any impediment to the natural flow of water in Malaysian fisheries waters or on the high seas.
(3)
Any person who, in Malaysian fisheries waters—
(a)
operates, or allows to be operated, any fishing stakes, fishing appliance, fish-aggregation device or marine culture system without a licence in respect thereof;
(b)
has under his control or in his possession any fishing appliance without a licence in respect thereof;
(c)
sets up, or causes to be set up, any fishing stakes, fishing appliance or fish-aggregation device without written permission from the Director General prior to the issue of a licence in respect thereof; or
(d)
constructs or establishes any marine culture system without written permission from the Director General prior to the issue of a licence in respect thereof, shall be guilty of an offence.
22 Laws of Malaysia ACT 317
(3A)
Any person who, on the high seas —
(a)
operates, or allows to be operated, any fishing appliance or fish-aggregation device without a licence in respect thereof;
(b)
has under his control or in his possession any fishing appliance without a licence in respect thereof; or
(c)
sets up, or causes to be set up, any fishing appliance or fish-aggregation device without written permission from the
Director General prior to the issue of a licence in respect thereof, shall be guilty of an offence.
(4)
For the purpose of subsections (3) and (3A), any part of a fishing appliance shall be construed as a complete fishing appliance unless proven otherwise.