Malaysia legislation

Section 2

of Sabah Inland Fisheries And Aquaculture Enactment 2003

Section 2

In this Enactment, unless the context otherwise requires –

“aquaculture” means the propagation of fish, turtle and frog seed or the raising of fish, turtle and frog through husbandry during the whole or part of its life cycle but does not include the temporary stocking of fish in any holding facility;

“aquaculture activity” means any activity which involves the propagation of fish, turtle and frog seed or the raising of fish, turtle and frog through husbandry during the whole or part of its life cycle;

“aquaculture development plan” means the plan for the development of aquaculture in the State of Sabah which has been approved by the Director;

“aquaculture premise” means any place used for the purpose of aquaculture;

“aquaculture facility” means any facility used in aquaculture for the purpose of containment, holding or rearing of fish, turtle and frog that is found in an aquaculture premise and includes raceways, rafts, tanks, cages, ponds, corrals and pens;

“aquatic life” mans any living organism or fish found in inland waters and includes plants and other materials in such waters which are sources of food for such living organism or fish;

“authorised officer” means any officer authorised by the Director under section 6;

“controlled species” means any fish specified as controlled species in the First

Schedule and includes any freshwater fish listed in the Convention of International

Trade in Endangered Species of Wild Fauna and Flora;

“deleterious substance” means –

(a)

any substance that would degrade or alter or form part of a process of degradation or alteration of the quality of water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat;

(b)

any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat; or

(c)

any other substance as prescribed by the Minister by notification in the

Gazette;

“discharge”, for the purpose of Part VIII, means any act of depositing, discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing;

“Director” means the Director of Fisheries and includes any person to whom he delegates his powers;

“disease” means any condition that adversely affects the health of a fish or other animal and is a threat to public interest and includes any fish disease declared by the

Minister;

“environment” means the external physical surroundings and conditions influencing development and growth of people and includes land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics;

“fish” means any aquatic animal or plant life, sedentary or not, and includes all species of finfish, crustacean, mollusc, aquatic mammals, or their eggs or spawn, fry, fingerling, spat or young;

“fish disease”, for the purpose of Part VII means any of the diseases listed as fish disease in the Second Schedule;

“fish sanctuary” means any area declared by the Yang di-Pertua Negeri under section 65;

“fishery” means any one or more stocks of fish which can be treated as a unit for the purposes of their conservation, management and development and includes fishing for any such stocks, and aquaculture;

“fishing” means –

(a)

the catching, taking or killing of fish by any method;

(b)

the attempted catching, taking or killing of fish;

(c)

engaging in any activity which can reasonably be expected to result in the catching, taking or killing of fish; or

(d)

any operation in support of, or in preparation for, any activity described in paragraph (a), (b) or (c) of this definition;

“fishing appliance” includes a fishing net, a fishing trap, and any gear, with or without floats, buoys or sinkers, designed for capturing fish whether set up as an immobile fishing gear or operated in a mobile fashion but does not include fishing appliances listed in the Sixth Schedule;

“fishing stakes” means any device used for fishing which is made up of poles or other supports fixed into the ground and enclosed by ramie, rattan, wire, net or other screening material and so designed as to lead fish into such device;

“fishing vessel” means any boat, craft, ship or other vessel which is used for, equipped to be used for, or of a type used for –

(a)

fishing; or

(b)

aiding or assisting any other boat, craft, ship or other vessel in the performance of any activity related to fishing, including any of the activities of preparation, processing, refrigeration, storage, supply or transportation of fish;

“fish habitat” means the ecosystems where fish are ordinarily found, spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes;

“freshwater fish” means –

(a)

any fish or species of fish that is ordinarily found in inland waters or during some part of its life is ordinarily found in inland waters; and

(b)

any fish or species of fish declared to be freshwater fish under section 38;

“inland fisheries” means fisheries in riverine waters;

“inland waters” means the waters of any river, waterway, lake, reservoir, watercourse, in the foreshore and includes subterranean water;

“immobile fishing gear” means a fishing appliance which is secured by anchor or poles or rested on or driven into submerged land or by other means or supports to render it immobile but does not include portable fish traps and pots;

“Malaysian fisheries waters” means the fisheries waters of Malaysia as determined in accordance with the Fisheries Act 1985 [Act 317];

“Minister” means the Minister who is for the time being charged with the responsibility for fisheries;

“natural poisonous substance” means any substance which is obtained, extracted or derived from natural sources which includes plants and minerals, and the use or application of which is poisonous to fish or aquatic life;

“non-indigenous fish” means any fish which are not indigenous to the State of Sabah and includes any fish which is the hybrid or crossbred of any artificial breeding of such fish;

“owner”, in relation to a fishing vessel, means any person or body of persons, whether corporate or un-incorporate, by whom the vessel is owned and includes any charterer, sub-charterer, lessee or sub-lessee of the vessel;

“poisonous chemical substance” means any substance which is formulated, synthesised or manufactured, and the use or application of which is poisonous to fish or aquatic life;

“pollutant” means any substance which, if introduced into any riverine waters, is liable to create hazards to human health or to harm aquatic living resources, or to damage amenities or interfere with other legitimate use of the riverine waters;

“prohibited gear” means a type or category of fishing appliance specified as prohibited gear listed in the Third Schedule;

“prohibited species” means any fish specified as prohibited species in the First

Schedule;

“protected plants” means any plant specified as protected plants in the Fourth

Schedule;

“protected species” means any fish specified as protected species in the First

Schedule;

"riverine reserve" means the river reserve established under the Sabah Water

Resources Enactment 1998 [En. No.6 of 1998];

“riverine waters” means the waters of any river, lake, stream, pond, and such other waters in the State of Sabah, whether natural or man-made, privately owned or otherwise other than Malaysian fisheries waters;

“sell or place on the market”, in relation to fish, means the holding, exposure, displaying for sale, offering for sale, selling, consigning, delivering or any other associated activities of marketing;

“statutory authority” means an authority, whether consisting of a single person or body of persons, established by Federal or State law and exercising powers, discharging duties or performing functions conferred upon that authority by any Federal or State law.

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