Fisheries and Aquatic Resources ACT

Arrangement of Sections

1.Short title.

PART I

Administration

2.Appointment of Director-General and other officers.

3.Establishment of Fisheries and Aquatic Resources Advisory Council.

4.Functions and responsibilities of the Council.

5.Fisheries management and development plan.

PART II

Licensing of Fishing Operations
in Sri Lanka Waters

6.Licensing of fishing operations.

7.Application for a licence.

8.Form and direction of the receipt.

9.Reserved of licence.

10.Cancellation of licensed.

11.Director to communicate decision to applicant together with reasons.

12.Appeals.

13.Granter of licensee.

13A.Furnishing of particulars of licences

14.Provisions of this Part not to apply to foreign fishing boat.

PART II A

LICENSING OF FISHING OPERATIONS
IN THE HIGH SEAS

14A. Licensing of fishing operations in the high seas.

14B. Application for a licence.

14C. Form and duration of licence.

14D. Register of licences.

14E. Licence to be carried on board.

14F. Prohibition on fishing in foreign waters.

14G. Licensee to comply with conservation and management measures.

14H. Renewal of licence.

14I. Suspension of a licence.

14J. Cancellation of a licence.

14K. Director-General to communicate the decision together with reasons.

14L. Appeals.

14M. Transfer of licences.

14N. Educational programmes for fishers.

PART III

Registration of Local Fishing Boats

15.Registration of local fishing boat.

16.Change of possession to possession to be reported to the Director.

16A. Cancellation or suspension of registration of fishing boats and the licence for fishing operations.

16B.Cancellation on information by owner.

17.Registration of instruments mortgage.

18.Priority of Instruments of mortgage.

19.Registered mortgage of local fishing boat to subsist.

20.Entry of discharge of mortgage.

21.Mortgage not effected by bankruptcy.

22.Transfer of mortgages and registration.

23.Transmission of interest mortgage on bankruptcy.

24.Searches and copies.

25.Evidence.

26.Other written not to apply.

PART IV

Protection of Fish and other Aquatic Resources

27.Prohibition against the use or possession of poisonous or explosive substances.

28.Prohibited fishing gear water engage method.

28A.Prohibition of fishing operations utilising bottom trawl nets.

29.Catching and possession of prohibited fish.

29A.Presumption.

30.Prohibition or regulation of export and import of fishing.

31.Fisheries Management Areas.

31A.Fisheries Management Coordinating Committee.

31B.Fisheries Development and Management Plans.

32.Fisheries Committees.

33.Register of fishermen.

34.Minister to declare closed or open season for fishing.

35.Use of fishing boats for research or scientific purposes.

PART V

Conservation

36.Declaration of fisheries reserves.

37.Acts prohibited in fisheries reserves.

PART VI

Aquaculture

38.Leasing of State lands.

39.Licensing of aquaculture operations.

40.Appointment of Licensing Officers.

41.Application for licence and the processing of such application.

42.Form and duration of a licence.

43.Renewal of a licence.

43A.Suspension of a licence.

43B.Cancellation of a licence.

43C.Reasons to be communicated.

43D.Appeals.

43E.Complaints against Licensing Officer.

43F.    Crediting of fees collected to the Authority.

PART VIII

Settlement of Disputes

44.Settlement of fishing disputes.

45.Interim Orders in respect of fishing disputes.

45A.Aquaculture disputes.

46.Powers of authorised officers.

46A.Granting of bail.

47.Power of.

48.Authorised section.

PART IX

Offences and Penalties

49.Offences.

49A.Offences relating to aquaculture operations.

50.Offences by bodies of persons.

51.Forfeiture.

52.Compounding of offences.

52A.Magistrate’s Court to have jurisdiction notwithstanding the provisions of the Code of Criminal Procedure Act.

52B.Imposition of a penalty.

52C.Right of Appeal.

52D.Presumption.

52E.Appointment of panel of experts.

53.Release of detained boats.

54.Presumption as to the Institute of the.

55.—

56.—

57.Jurisdiction over offences committed at sea.

57A.Fifty per centum of fines imposed to be credited to the Authority.

PART X

General

58.Administration of provided council authorities.

58A.Licensing Officers required to produce proof of identification.

59.Reward Fund.

60.Imposition of cess on the import or fish of fish products.

61.Regulations.

62.Education of actions.

63.Repealed.

64.Savings.

65.Sinhala to prevail in case of inconsistency text.

66.Interpretation.

67.Application of this Acts.

2 of 1996,

4 of 2000,

4 of 2004,

22 of 2006,

35 of 2013,

2 of 2015,

2 of 2016;

11 of 2017.

AN ACT to provide for the management, regulation, conservation and development of Fisheries and Aquatic Resources in Sri Lanka; to give effect to Sri Lanka’s obligations under certain International and Regional Fisheries Agreements; to repeal the Fisheries Ordinance, the Chank Fisheries Act, the Pearl Fisheries Ordinance and the Whaling Ordinance; and to provide for matters connected there with or incidental thereto.

[Am by s 2 of Act 35 of 2013.]

[Date of Commencement: 11th January, 1996]

1. Short title.

This Act may be cited as the Fisheries and Aquatic Resources Act.

PART I

Administration

2. Appointment of Director-General and other officers.

(1) There shall be appointed—

(a)  a person, by name or by office, to be or to act as the Director-General of Fisheries and Aquatic Resources (hereinafter referred to as the “Director-General”);

(b)  one or more persons, by name or office, to be or to act as Director of Fisheries and Aquatic Resources; and

(c)such other officers as may from time to time be required for the purposes of this Act.

[S 2(1) subs by s 2(1) of Act 4 of 2000.]

(2) The Director-General shall be responsible for the administration and giving effect to the provisions of this Act.

[S 2(2) subs by s 2(1) of Act 4 of 2000.]

(3) Any person appointed under subsection (1) to be or to act as a Director of Fisheries and Aquatic Resources may, subject to the control of the Director-General, exercise all or any of the powers conferred upon the Director-General by or under this Act.

[S 2(3) subs by s 2(1) of Act 4 of 2000.]

(4) All officers appointed under this section shall on deemed to be public servants within the meaning of the Penal Code.

(5) All officers (not below the rank of Preventive Sergeant) appointed under this section shall be deemed to be peace officers within the meaning and for the purposes of the Code of Criminal Procedure Act, No. 15 of 1979.

3. Establishment of Fisheries and Aquatic Resources Advisory Council.

(1) There shall be a Fisheries and Aquatic Resources Advisory Council (hereinafter referred to as the “Council”) which shall consist of—

(a)  the Secretary to the Ministry of the Minister appointed under Article 44 of the Constitution to whom the subject of Fisheries and Aquatic Resources has been assigned, who shall be the Chairman of the Council;

(b)  the Director-General;

[S 3(1)(b) subs by s 3(1) of Act 35 of 2013.]

(c)the Secretary to the Ministry of the Minister of the Board of Minsters of every province to whom the subject of fisheries has been assigned;

[S 3(1)(c) subs by s 3(1) of Act 35 of 2013.]

(d)  the Chairman of the Council of the National Institute of Fisheries and Nautical Engineering, established under the National Institute of Fisheries and Nautical Engineering Act, No. 36 of 1999;

[S 3(1)(d) subs by s 3(1) of Act 35 of 2013.]

(e)the Director of Planning and Monitoring of the Ministry of Fisheries, who shall be the Secretary of the Council;

[S 3(1)(e) subs by s 3(1) of Act 35 of 2013.]

(f)the Chairman of the National Aquatic Resources Research and Development Agency;

(g)  the Chairman of the Ceylon Fisheries Corporation established under the State Industrial Corporations Act;

(h)  the Chairman of the Ceylon Fishery Harbours Corporation established under the State Industrial Corporations Act;

(i)the Secretary to the Ministry of the Minister to whom the subject of Environment is assigned, or his nominee;

[S 3(1)(i) subs by s 3(2) of Act 35 of 2013.]

(j)the Director-General of the Coast Conservation and Coastal Resource Management Department, established under Coast Conservation and Coastal Resource Management Act, No. 57 of 1981;

[S 3(1)(j) subs by s 3(2) of Act 35 of 2013.]

(ja) the Chairman of the National Aquaculture Development Authority of Sri Lanka established under the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998;

[S 3(1)(ja) ins by s 3(3) of Act 35 of 2013.]

(jb) the Director-General (Technical) of the Ministry of Fisheries;

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