FISHERIES (REGULATION OF Foreign Fishing Boats) ACT

Arrangement of Sections

1. Short title.

PART I

ADMINISTRATION

2. Administration of the Act.

3. Armed forces to co-operate in implementation and enforcement of this Act.

PART II

CONTROL OVER FISHING AND RELATED ACTIVITIES BY Foreign Fishing Boats IN SRI LANKA WATERS

4. Prohibition of fishing and related activities by Foreign Fishing Boats.

5. Foreign Fishing Boats entering Sri Lanka waters without a permit to stow gear.

6. Foreign Fishing Boat permit.

7. Minister may reserve areas of Sri Lanka waters for fishing by Sri Lanka fishermen and local fishing boats.

8. Conditions of Foreign Fishing Boat permit.

9. Secretary's power to vary certain conditions in the permit.

10. Secretary's power to suspend or cancel permit.

11. Appeal to the Minister.

12. Fishing for research or scientific purposes.

PART III

POWERS OF AUTHORISED OFFICERS

13. Powers of authorised officers.

14. Protection of action.

PART IV

OFFENCES

15. Contravention of provisions of section 4 or section 5 an offence.

16. Non-compliance of conditions of permit to be an offence.

17. Obstruction of authorised officers.

18. Power of Court to order forfeiture.

19. Disposal of forfeited goods.

20. Compounding of offences.

21. Release of boat against Bond or other security.

22. Boat to be held pending payment of fines.

23. Presumption.

24. Jurisdiction of the Courts.

25. Service of notice, summons or other document.

26. Minister's power to make regulations.

27. Omitted.

28. Interpretation.

59 of 1979,

37 of 1982.

AN ACT to regulate control and manage fishing and related activities by foreign boats in Sri Lanka waters; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 25th September, 1979]

1. Short title.

This Act may be cited as the Fisheries (Regulation of Foreign Fishing Boats) Act.

PART I

ADMINISTRATION

2. Administration of the Act.

The Secretary shall be responsible for the administration of this Act and for the implementation and enforcement of its provisions.

[S 2 am by s 2 of Act 37 of 1982.]

3. Armed forces to co-operate in implementation and enforcement of this Act.

The commanders of the armed forces shall render all such forms of assistance as may be necessary to ensure the proper enforcement of this Act and to establish and maintain an effective system of surveillance over fishing and related activities by Foreign Fishing Boats in Sri Lanka waters.

PART II

CONTROL OVER FISHING AND RELATED ACTIVITIES BY Foreign Fishing Boats IN
SRI LANKA WATERS

4. Prohibition of fishing and related activities by Foreign Fishing Boats.

Subject to the provisions of section 12, no Foreign Fishing Boat shall be used for fishing or related activities in Sri Lanka waters except under the authority of a permit issued under section 6.

5. Foreign Fishing Boats entering Sri Lanka waters without a permit to stow gear.

Where any Foreign Fishing Boat enters Sri Lanka waters otherwise than under the authority of a permit issued under section 6, the fishing gear of such boat shall, at all times while it is in such waters, be kept stowed in the prescribed manner.

6. Foreign Fishing Boat permit.

(1) The Secretary or any person specially authorised by him may, with the approval of the Minister, on application made therefor and payment of the prescribed fee issue a permit in respect of any Foreign Fishing Boat, authorising that boat to be used for such fishing and related activities, in such area or areas of Sri Lanka waters, and during such periods, as may be specified in the permit. Every such permit shall be in the prescribed form.

(2) Every application for a permit shall be made to the Secretary in the prescribed form and shall contain the prescribed particulars.

7. Minister may reserve areas of Sri Lanka waters for fishing by Sri Lanka fishermen and local fishing boats.

(1) The Minister may prescribe the areas of Sri Lanka waters which shall be reserved for fishing by Sri Lanka fishermen and by local fishing boats.

(2) No permit issued under section 6 shall authorise or be valid for, fishing or related activities by any Foreign Fishing Boat in any area prescribed for the purposes of this section.

8. Conditions of Foreign Fishing Boat permit.

Every permit issued under section 6 shall be subject to such conditions as may be prescribed and to such other conditions (hereinafter referred to as "special conditions”) as the Secretary may think fit to attach to such permit, having regard to the period for which the permit is being issued, the areas within which the Foreign Fishing Boat is authorised by such permit to be used for fishing and related activities, the methods of fishing employed, and the type of gear used, by such boat.

9. Secretary's power to vary certain conditions in the permit.

(1) The Secretary may from time to time, where he is satisfied that it is necessary or expedient for the proper management of fisheries in Sri Lanka waters, vary any special conditions attached to any permit issued under section 6.

(2) Where in pursuance of the powers vested in him by subsection (1), the Secretary varies any special condition attached to any permit issued under section 6, he shall cause notice of such variation to be given to the holder of the permit as soon as practicable.

10. Secretary's power to suspend or cancel permit.

(1) The Secretary may make order suspending any permit issued under section 6 or cancel such permit—

(a) where he is satisfied that the Foreign Fishing Boat in respect of which the permit is issued, has been used in contravention of the provisions of this Act or of any regulation made under this Act or of any condition attached to such permit;

(b) where he is satisfied that such action is necessary or expedient for the proper management of fisheries in Sri Lanka waters. Every order made under this subsection shall state the grounds therefor.

(2) Where any permit is suspended or cancelled on the ground specified in subsection (1)(b), such proportion of the fee paid for such permit as represents the unexpired portion of the period for which the permit was issued shall be reimbursed to the holder of the permit on his request. Any such request shall be made in writing to the Secretary—

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