Malaysia legislation
Section 19
Section 19
(b)
Notwithstanding paragraph (1)(a), the Director General may require the payment of such sum of money as he may specify by way of security for the activities to be carried out by such vessel.
(2)
Subject to section 21, any permit issued under this section shall be valid for a maximum period of one year and shall be subject to such conditions, and the payment of such sum of money, as the Director
General may specify, in addition to the payment of such sum of money as may be required under paragraph (1)(b) and such fees as may be prescribed in regulations made under this Act.
(3)
Without prejudice to paragraph (1)(a), any sum of money paid as security under paragraph (1)(b) may be utilized to pay or defray any fine or claim which may be imposed or arise as a result of or through the activities of the foreign fishing vessel and the balance of such sum of money, if any, shall be refunded on the expiry or cancellation of the permit.
(4)
The conditions which may be imposed by the Director General under subsection (2) may include, and in the case of paragraph (t) shall include, but shall not be limited to, conditions concerning all or any of the following matters:
(a)
the areas within which fishing is authorized;
(b)
the period during which fishing is authorized;
30 Laws of Malaysia ACT 317
(c)
the species, age, length, weight and quantity of fish that may be retained on board the foreign fishing vessel, landed in Malaysia or transhipped;
(d)
the methods by which fish may be taken;
(e)
the types, sizes and numbers of fishing appliances that may be used or carried by a foreign fishing vessel and the mode of storage of the appliances when not in use;
(f)
the transfer, transhipment, landing and processing of fish taken;
(g)
entry by the foreign fishing vessel into Malaysian ports, whether for the inspection of its catch or for any other purpose;
(h)
statistical and other information required to be given by the foreign fishing vessel to the Government of Malaysia, including statistics relating to its catch and fishing effort and regular reports as to the position of the vessel;
(i)
the conduct by the foreign fishing vessel of a specified programme of fisheries research in Malaysian fisheries waters and the regulation of such research, including the compiling of data as to catches, the disposition of samples and the reporting of associated scientific data;
(j)
the training of Malaysians in the methods of fishing employed by the foreign fishing vessel and in other related fields, the employment of Malaysians on the foreign fishing vessel and the transfer to Malaysia of appropriate technology relating to fisheries;
(k)
the keeping and displaying on board the permit issued in respect of the foreign fishing vessel;
(l)
the permanent marking of the foreign fishing vessel with such letters, numbers or other means of identification as may be specified by the Director General;
(f)
(g)
(h)
Fisheries 31
(m)
compliance by the foreign fishing vessel with directions, instructions and other requirements given or made by ships, other vessels or air craft belonging to the Government of
Malaysia;
(n)
the placing of observers on the foreign fishing vessel and the reimbursement to the Government of Malaysia by the permit holder of the costs of doing so;
(o)
the installation on the foreign fishing vessel and maintenance in working order of a transponder or other equipment for the identification and ascertainment of the location of the vessel and of adequate navigational equipment to enable the position of the vessel to be fixed;
(p)
construction of shore-based facilities related to fisheries;
(q)
the carriage on board the foreign fishing vessel of such communication equipment, nautical charts, nautical publications and nautical instruments as may be specified;
(r)
adequate protection of local and traditional fisheries and the compensation payable to
Malaysian citizens, the
Government of Malaysia or the Government of a State in
Malaysia for any loss or damage caused by the foreign fishing vessel to fishing vessels, fishing appliances or catch belonging to Malaysian citizens or any such Government or to fish stocks;
(s)
the landing of all or any part of their catch by foreign fishing vessels in Malaysia;
(t)
the composition and nationality of members of the crew of a foreign fishing vessel and the requirement for compliance with paragraph 10(1)(c);
(u)
inspection of the foreign fishing vessel as to class and seaworthiness and manning requirements;
32 Laws of Malaysia ACT 317
(v)
fees, royalties, charges or any other payments by the foreign fishing vessel;
(w)
the maintenance of a log and sales records of fish taken by the foreign fishing vessel; and
(x)
such other matters as the Director General may consider necessary or expedient for the implementation of this Part.
(5)
Where there is a breach of any condition of the permit issued in respect of a foreign fishing vessel—
(a)
its owner and master shall each be guilty of an offence and liable to a fine not exceeding one hundred thousand ringgit each; and
(b)
every member of the crew of that vessel shall also be guilty of an offence and liable to a fine not exceeding five thousand ringgit each.
(6)
No permit issued under this section shall relieve the owner, master or member of the crew of any foreign fishing vessel from any obligation or requirement to comply with any law that may be applicable.
Bringing into or having in Malaysian fisheries waters fish taken or received from foreign fishing vessel