Pearl Oyster Shell Fishery Ordinance Cap95

No person shall use or employ any vessel in pearl oyster shell fishery within the waters of Sabah unless such vessel is duly licensed as hereinafter provided.

Any vessel actually engaged in, or used for quarters or for the storing of provisions for those engaged in pearl oyster shell fishery shall be deemed to be used or employed as aforesaid.

Licences.

The Chief Customs Officer at any port within Sabah or, where there is no such officer, the District Officer, may grant a licence in the form prescribed in the First Schedule to any vessel to be used or employed in pearl oyster shell fishery. Such licence may be for six months or one year, provided that all licences shall be in force from the date of issue thereof to either the 30th June or the 31st December in each year respectively.

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Fee.

The fee for such licence shall be that set out in the Second Schedule.

Tonnage.

Any Government officer may seize any vessel found engaged in pearl oyster shell fishery without a licence, and convey such vessel to the nearest Government station to be dealt with according to law.

Penalty for non-production of licence.

Any master, owner or person in charge of any such vessel failing to produce his licence forthwith when called upon by any Government officer to do so shall be liable to a fine of fifty ringgit and such vessel shall be liable to detention or seizure pending enquiry.

Interference with persons fishing.

No vessel engaged in pearl oyster shell fishery shall discharge any portion of the pearl oyster shell or other sea produce taken by it, or shall leave the waters of Sabah, except by reason of stress of weather, without first proceeding to one of the ports defined in the

Third Schedule and making due declaration of the same.

All pearl oyster shell shall be exported from one of the ports defined in such

Schedule.

Form of declaration.

Every master or person in charge of a vessel engaged in pearl oyster shell fishery shall accurately enter in a log or record-book the date of every operation and the number and weight of the shells of the pearl oyster taken each day and the number of pearls found and the weight thereof.

Upon entering a port as defined in the Third Schedule and before landing any cargo, such master shall verify on oath before the Chief Customs Officer, or the District

Officer, such log or record-book as containing a true statement of such operations of such vessel.

Size of pearl oyster shell restricted.

Any person taking, removing, selling, exporting or attempting to export, dealing in, purchasing or found in possession of pearl oyster shell known scientifically as Pinctada

Maxima and of either of the varieties known as “Golden Lip” or “Silver Lip” of which the nacre or mother of pearl measures less than four-and-a-half inches from butt or hinge to opposite edge or lip or which measures less than six inches exteriorly over all, shall be liable to a penalty of fifty ringgit for every such shell found in his possession and all such shell shall be confiscated.

Any person in whose possession any such shell shall be found shall disclose to any Government officer on demand the name and address of the person from whom he acquired the same. Refusal or neglect to give full information shall render such person liable to a penalty of one thousand ringgit and to imprisonment for twelve months:

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Provided that if it be proved to the satisfaction of the Director of Agriculture that the ordinary size of any such pearl oyster shell when full grown is when found in the waters of

Sabah of smaller dimensions he may direct that other dimensions be substituted for those prescribed by this section.

The Director of Agriculture may, subject to such conditions as he may think fit, grant to any person a permit to engage in the industry of pearl culture and the provisions of this section relating to taking, removing or being in possession of pearl oysters shall not apply to the holder of any such licence.

Places of collection.

The Yang di-Pertua Negeri may grant a lease of any lands lying under tidal waters within the limits of the jurisdiction of Sabah for pearl oyster shell fishery, cultivation or propagation.

Application for lease.

Any person desiring to lease such land shall apply to the Yang di-Pertua Negeri in the form prescribed in the Fourth Schedule and shall at the same time furnish particulars of the area required, the situation thereof, the capital and plant to be employed and the operations proposed to be pursued in connection with such lease.

Bond.

Before any such lease is granted the applicant shall enter into a bond with two approved sureties for such amount as the Yang di-Pertua Negeri may decide, conditional upon the due observance by the lessee of the terms of his lease and the provisions of this

 Throughout the Ordinance “Yang di-Pertua Negeri” substituted for “Yang di-Pertua Negara” by virtue of

Enactment No. 17 of 1976. Powers delegated to Minister of Agriculture and Fisheries - See G.N.S. 171/1963.

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Ordinance.

Conditions of lease.

It shall be a condition of such lease that the lessee shall commence to work the leased area for the purpose for which the same was leased within six months from the date of the granting thereof and shall continuously and bona fide work the same during the term thereof.

Right under lease.

A lease granted under the provisions of section 15 shall confer on the lessee –

Upon the non-payment of any rent reserved by such lease or upon the breach or non-observance by the lessee of any of the conditions thereof the Yang di-Pertua Negeri may cancel the same and upon publication of notice of such cancellation in the Gazette, such lease shall be absolutely void.

Penalties.

All offences under this Ordinance may be tried in summary manner before the

Court of any Magistrate.

Power to make rules.