ACT, No. 35 OF 2013

35of2013.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
FISHERIES AND AQUATIC RESOURCES
(AMENDMENT) ACT, No. 35 OF 2013
[Certified on 22nd November, 2013]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of November 22, 2013
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 40.00 Postage : Rs. 20.00

Fisheries and Aquatic Resources (Amendment) 1
Act, No. 35 of 2013
[Certified on 22nd November, 2013]
L. D.—O. 1/2011.
ANACT TO AMEND THE FISHERIES AND AQUATIC RESOURCES
ACT, NO. 2 OF 1996
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—
1. This Act may be cited as the Fisheries and Aquatic Short title.
Resources (Amendment) Act, No. 35 of 2013.
2. The long title to the Fisheries and Aquatic Resources Amendment of
Act, No. 2 of 1996 (hereinafter referred to as the “principal the long title to
the Fisheries and
enactment”) is hereby amended, by the substitution, for the
Aquatic
words and figures “FISHERIES AND AQUATIC RESOURCES IN Resources Act,
SRI LANKA; TO REPEAL THE FISHERIES ORDINANCE (CHAPTER 212),”, No. 2 of 1996.
OF THE WORDS “FISHERIES AND AQUATIC RESOURCES IN SRI LANKA;
TO GIVE EFFECT TO SRI LANKA’S OBLIGATIONS UNDER CERTAIN
INTERNATIONAL AND REGIONALFISHERIESAGREEMENTS; TO REPEAL THE
FISHERIES ORDINANCE (CHAPTER 212),”.
3. Section 3 of the principal enactment is hereby Amendment of
section 3 of the
amended in subsection (1) of that section as follows:—
principal
enactment.
(1) by the repeal of paragraphs (b), (c), (d) and (e) of
that subsection and the substitution therefor of the
following paragraphs:—
“(b) the Director-General;
(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;
(d) the Chairman of the Council of the National
Institute of Fisheries and Nautical
2—PL 007686— 4,090 (10/2013)
2 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
Engineering, established under the National
Institute of Fisheries and Nautical
Engineering Act, No. 36 of 1999;
(e) the Director of Planning and Monitoring of
the Ministry of Fisheries, who shall be the
Secretary of the Council;”;
(2) by the repeal of paragraphs (i) and (j) of that
subsection and the substitution therefor of the
following paragraphs:—
“(i) the Secretary to the Ministry of the Minister
to whom the subject of Environment is
assigned, or his nominee;
(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;”; and
(3) by the insertion, immediately after paragraph (j)
of that subsection, of the following paragraphs:—
“(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;
(jb) the Director-General (Technical) of the
Ministry of Fisheries;
(jc) the Director-General of the Department of
Coast Guard, established under the Department
of Coast Guard Act, No. 41 of 2009;
(jd) the Conservator-General of Forests,
appointed under the Forest Conservation
Ordinance (Chapter 451);
Fisheries and Aquatic Resources (Amendment) 3
Act, No. 35 of 2013
(je) the Commissioner-General of Agrarian
Development, appointed under the Agrarian
Development Act, No. 46 of 2000;
(jf) the Secretary to the Ministry of the Minister
to whom the subject of Irrigation has been
assigned, or his nominee;
(jg) the Secretary to the Ministry of the Minister
to whom the subject of Wild Life
Conservation has been assigned, or his
nominee;
(jh) the Secretary to the Ministry of the Minister
to whom the subject of River Basins has been
assigned, or his nominee;
(ji) the Secretary to the Ministry of the Minister
to whom the subject of Land has been
assigned, or his nominee;
(jj) the Secretary to the Ministry of the Minister
to whom the subject of Tourism has been
assigned, or his nominee;
(jk) the President of the All Ceylon Madel Owners
Fisheries Co-operative Society Limited,
registered under the Co-operative Societies
Law, No. 5 of 1972;
(jl) the Chairman of National Fisheries
Federation;
(jm) two persons engaged in fishing, nominated
by the National Fisheries Federation of
Fisheries Organizations;
(jn) two persons engaged in fishing nominated
by the Multi Day Fishing Boat Owners
Association;”.
4 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
Amendment of 4. The heading appearing in PART II of the
heading principal enactment is hereby amended by the substitution
appearing in
for the words “Licensing of Fishing Operations” of the
PART II of the
principal words “Licensing of Fishing Operations in Sri Lanka
enactment. Waters”.
Insertion of new 5. The following new part is hereby inserted
PART II A in
immediately after PART II of the principal enactment and
the principal
enactment. shall have efffect as PART II A of the enactment:—
“PART II A
LICENSING OF FISHING OPERATIONS IN THE HIGH SEAS
Licensing of 14A. No person shall engage in any
Fishing prescribed fishing operations in the High Seas,
Operations in
except under the authority, and otherwise than
the High
Seas. in accordance with the terms and conditions,
of a licence granted by the Director-General.
Application 14B. (1) Every application for a licence under
for a licence. section 14A shall be made in the prescribed form
to the Director-General, and shall be
accompanied by the declaration referred to in
subsection (2) and the prescribed fee.
(2) (a) An application under subsection (1)
shall be accompanied by a declaration, on oath,
signed by the applicant stating whether he has,
or has not, been issued with a licence or a permit
by another State to fish in the High Seas.
(b) If the applicant declares that he has been
issued with a licence or a permit by another State
to fish in the High Seas, he shall also declare—
(i) the name of the State which has
issued such licence or permit, and
the date on which it was issued;
Fisheries and Aquatic Resources (Amendment) 5
Act, No. 35 of 2013
(ii) in case such licence or permit has
been subsequently suspended, the
date on which it was suspended, and
the period for which it was
suspended; and
(iii) in case such licence or permit has
been subsequently cancelled, the
date on which it was cancelled.
(3) On receipt of an application under
subsection (1) the Director-General shall,
subject to the provisions of subsection (4),
either grant a licence or for reasons to be
recorded by him, refuse to grant a licence.
(4) The Director-General shall refuse to grant
a licence under subsection (3) if-
(a) the local fishing boat in respect of
which the application has been made
is not costructed in accordance with
the specifications prescribed by
regulations made under this Act;
(b) such boat is not registered under this
Act;
(c) such boat is not marked in
accordance with uniform and
internationally recognizable vessel
marking systems;
(d) the fishing gear carried on such boat
is not marked in accordance with
uniform and internationally
recognizable gear marking systems
enabling identification of the owner
of the gear;
6 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
(e) such boat is not equipped with a
vessel monitoring system and
communication equipment, which
enables the Director-General and his
staff to communicate effectively
with such boat and to exercise
control over the activities of such
boat;
(f) such boat is not equipped with the
safety equipment prescribed by
regulations made under this Act;
(g) the applicant has been authorized
to use such boat for fishing in the
High Seas by a licence or a permit
issued by another State—
(i) such licence or permit has been
suspended for a period; and
(ii) the period of suspension is still
in force; or
(iii) such licence or permit has been
cancelled; and
(iv) a period of three years has not
elapsed since such cancellation.
Form and 14C. Every licence granted under this Part
duration of shall—
licence.
(a) be in such form as may be prescribed;
(b) unless suspended or cancelled
earlier, be in force for a period of
one calendar year from the date of
grant of such licence;
Fisheries and Aquatic Resources (Amendment) 7
Act, No. 35 of 2013
(c) be subject to such terms and
conditions as may be prescribed with
regard to the fishing operations
authorized by such licence,
including conditions relating to the
provision of information by the
holder of the licence regarding the
area of operations of the local fishing
boat to which the licence applies,
and the retained catch, the discarded
catch and landings of such boat in
relation to each fishing trip.
Register of 14D. (1) The Director-General shall cause to
Licences. be maintained a register of all licences granted
under this Part of the Act. Such register may
also be maintained in electronic form.
(2) A copy or extract purporting to be
certified under the hand of the Director-General
to be a true copy of, or extract from, any register
maintained under subsection (1) shall be
admissible in evidence without proof of the
signature or appointment of the Director-
General, and shall be prima facie evidence of
the contents of such register for all purposes,
and in all proceedings, civil or criminal.
Licence to be 14E. The holder of a licence granted under
carried on this Part shall cause such licence to be carried
board. at all times on the local fishing boat to which
the licence applies, and shall produce such
licence for inspection when required to do so
by a duly authorized officer.
Prohibition 14F. The holder of a licence granted under
on fishing in this Part shall not use, or cause to be used, the
foreign
local fishing boat to which the licence applies
waters.
for fishing operations in waters within the
national jurisdiction of another State, unless
authorized to do so in accordance with the laws
of that State.
8 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
Licensee to 14G. The holder of a licence granted under
comply with this Part, authorizing the use of a local fishing
conservation
boat for fishing operations in the High Seas
and
management shall not use such boat, or cause such boat to
measures. be used, in contravention of regulations, made
by the Minister under section 61(t),
implementing conservation and management
measures adopted—.
(a) under the United Nations
Convention on the Law of the Sea
of December 10, 1982;
(b) by the Indian Ocean Tuna
Commission;
(c) under the Fish Stocks Agreement
1995; and
(d) under the Food and Agriculture
Organization (FAO) of the United
Nations Agreement on Port State
Measures to Prevent, Deter and
Eliminate Illegal, Unreported and
Unregulated Fishing 2009,
and which are binding on Sri Lanka.
Renewal of 14H. (1) The holder of a licence granted
licence. under this Part may apply to the Director-
General for a renewal of the licence, not less
than thirty days before the expiry of the licence.
(2) The Director-General shall renew the
licence if he is satisfied that—
(a) the local fishing boat to which the
licence applies continues to comply
with the conditions referred to in
section 14B (4);
Fisheries and Aquatic Resources (Amendment) 9
Act, No. 35 of 2013
(b) the holder of the licence has
observed the terms and conditions
of such licence;
(c) the holder of the licence has paid
the prescribed fee for the renewal of
the licence; and
(d) the renewal of the licence will not
undermine the effectiveness of the
conservation and management
measures referred to in section 14G,
and implemented by regulations
made under section 61.
Suspension 14I. The Director-General shall, after giving
of a licence. the holder of a licence an opportunity of being
heard, suspend a licence granted under this
Part, if he is satisfied that such holder is being
investigated for the contravention of section
14F or section 14G. Any such suspension shall
be effective until the conclusion of the
investigation.
Cancellation 14J. The Director-General shall cancel a
of a licence. licence granted under this Part, if he is satisfied
that—
(a) the holder of the licence has been
convicted of an offence under this
Act;
(b) the holder of the licence has
contravened any provision of this
Act or any regulation made
thereunder or any term or condition
of such licence;
(c) the holder of the licence has used
the local fishing boat to which the
licence applies for unauthorized
10 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
fishing in waters within the national
jurisdiction of another State, or for
unauthorized or illegal activities in
waters within the national
jurisdiction of another State or in the
High Seas;
(d) the fishing boat to which the licence
applies has ceased to be a local
fishing boat; and
(e) the registration of the fishing boat
has been cancelled.
Director- 14K. Where the Director-General refuses to
General to
grant or renew a licence or suspends or cancels
communicate
the decision a licence, he shall communicate such decision
together with and the reasons therefor to the applicant or to
reasons. the licensee, as the case may be.
Appeals. 14L. (1) The applicant or the licensee, as the
case may be, who is aggrieved by a decision
communicated to him under section 14K, may
appeal against such decision to the Secretary
of the Ministry of the Minister in writing,
within thirty days from the date on which the
decision is communicated to him.
(2) (a) The Secretary shall refer every appeal
made to him under subsection (1) to the Appeals
Advisory Committee for its recommendations
on such appeal.
(b) The Appeals Advisory Committee
shall consist of three persons appointed by the
Secretary from amongst persons who have
knowledge and experience in the management
and conservation of fisheries and aquatic
resources.
Fisheries and Aquatic Resources (Amendment) 11
Act, No. 35 of 2013
(c) The Appeals Advisory
Committee shall make its recommendations on
an appeal referred to it under paragraph (a) after
having heard both parties, within fourteen days
of such reference.
(3) The Secretary shall determine an appeal
made to him under subsection (1) taking into
consideration the recommendations of the
Appeals Advisory Committee, and may
either—
(a) allow the appeal and direct the
Director-General to grant or
renew the licence or to revoke the
suspension or cancellation of the
licence; or
(b) disallow the appeal for reasons
assigned.
(4) The Director-General shall comply with
any direction issued to him under subsection
(3) by the Secretary.
(5) When an application for a licence or
the renewal of a licence is refused, the
Director-General shall refund to the applicant
or the licensee, as the case may be, the fee
accompanying such application.
(6) The decision of the Secretary under this
section shall be final and conclusive.
Transfer of 14M. (1) A licence granted under this Part
licences.
shall not be transferred except with the consent
of the Director-General and any such transfer
shall be endorsed upon such licence. In the
event of a transfer, the registration of the fishing
boat shall be transferred in the transferee’s name.
12 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
(2) A person whose licence has been
cancelled under section 14J shall not be
entitled to have a licence transferred in his
name.
Educational 14N. The Director-General shall, subject to
programmes the availability of resources, conduct long term
for fishers.
educational and training programmes, to
educate the fishers on the regulations made
under this Act and on the guidelines issued by
the Indian Ocean Tuna Commission; and to
create awareness among fishers about the
measures taken by the Government to conserve
fish stocks and to minimize pollution.”.
Amendment of 6. Section 15 of the principal enactment is hereby
section 15 of the
amended in subsection (2) of that section, by the substitution,
principal
enactment. for the words “Sri Lanka Waters”, of the words “Sri Lanka
Waters or the High Seas”.
Insertion of new 7. The following new sections are hereby inserted
sections 16A and immediately after section 16 and shall have effect
16B in the
principal respectively as sections 16A and 16B, of the principal
enactment. enactment:—
“Cancellation 16A. The Director-General may, where he
or suspension has reasonable grounds to believe that any
of
person is engaged in carrying out unlawful
registration
of fishing fishing operations in waters within the
boats and the jurisdiction of another State, and the fishing
licence for boat used for such operations is a local fishing
fishing
boat registerd under section 15, he may, after
operations.
affording such person or the owner, as the case
may be, an opportunity of being heard—
(a) cancel or suspend for such period as
may be determined by him, the
registration of such boat as a local
fishing boat under section 15; and
Fisheries and Aquatic Resources (Amendment) 13
Act, No. 35 of 2013
(b) cancel or suspend any licence issued
in respect of that fishing boat, under
section 6 or section 14A, as the case
may be, authorizing the licensee to
engage in any prescribed fishing
operations in Sri Lanka waters or the
High Seas, as the case may be.
Cancellation 16B. Where the owner of a registered fishing
on boat requests the Director-General, in writing,
information
by owner. to cancel the registration of a fishing boat
which is registered in his name, as he does not
intend to use such fishing boat for the purpose
of fishing in Sri Lanka waters or the High Seas
after a specified date, the Director-General shall
after satisfying himself on the fact that such
fishing boat will not be used for the purpose of
fishing in Sri Lanka waters or the High Seas,
cancel the registration of such fishing boat. Such
cancellation shall be effective from the date as
is specified by him. He shall also inform the
owner of the fact of cancellation in writing.”.
8. Section 28 of the principal enactment is hereby Amendment of
section 28 of the
amended, by the substitution, for the words “Sri Lanka principal
waters”, of the words “Sri Lanka Waters or the High Seas”. enactment.
9. Section 31 of the principal enactment is hereby Replacement of
repealed and the following section substituted therefor :— section 31 of the
principal
enactment.
“Fisheries 31. (1) The fishers of any area may request
Management the Director-General , in writing, to designate
Areas.
a specified area of Sri Lanka waters or both
such waters and the land adjacent thereto, as a
Fisheries Management Area for the purposes
of this Act.
(2) The Director-General may—
(a) of his own motion, or
14 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
(b) on a request made to him in writing
under subsection (1),
recommend to the Minister that a specified
area of Sri Lanka waters or both such waters
and the land adjacent thereto, be designated
as a Fisheries Management Area:
Provided that, the Director-General shall
make such a recommendation only upon
satisfying himself after such inquiries and
investigations as are reasonable in the
circumstances, that there are threats to the
sustainability of fish and other aquatic
resources in any area.
(3) Upon receipt of the recommendation
under subsection (2), the Minister may, by
Order published in the Gazette, designate the
area referred to in the recommendation as a
Fisheries Management Area for the purposes
of this Act.”.
Insertion of 10. The following new sections are hereby inserted
section 31A and immediately after section 31 of the principal enactment
section 31B in
the principal and shall have effect as sections 31A and 31B of that
enactment. enactment :—
“Fisheries 31A. (1) There shall be a Fisheries
Management Management Coordinating Committee
Coordinating
(hereinafter referred to as the “Coordinating
Committee.
Committee”) for every Fisheries Management
Area designated by an Order made under
section 31, appointed by the Director-General.
(2) The Coordinating Committee shall be
constituted by the Director-General from
among the following taking into consideration
Fisheries and Aquatic Resources (Amendment) 15
Act, No. 35 of 2013
the matter to be determined by such Co-
ordinating Committee:—
(a) the officer in charge of the District
Fisheries Office and two other
officers from that office;
(b) (i) not more than four persons
elected from among members of
the fisheries committee formed
for that Fisheries Management
Area; or
(ii) where there are two or more
fisheries committees in that
Fisheries Management Area, not
more than twelve persons elected
by the members of all the
fisheries committees in that
Fisheries Management Area:
Provided however, that there
shall be an equal number of
members from each of such
fisheries committees;
(iii) all members of existing Fisheries
Management Authorities;
(c) the District Secretary of the
Administrative District within
which the Fisheries Management
Area is situated;
(d) the Divisional Secretary of the
Administrative District within
which the Fisheries Management
Area is situated;
(e) the Chairman of the Pradeshiya
Sabha constituted for the
Pradeshiya Sabha area within which
the Fisheries Management Area is
situated;
16 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
(f) the Mayor of the Municipal
Council constituted for the
Municipality within the limits of
which the Fisheries Management
Area is situated or the Chairman
of the Urban Council for the Urban
Council area within the limits of
which the Fisheries Management
Area is situated ;
(g) an officer of the Urban Development
Authority established under the
Urban Development Authority Law,
No. 41 of 1978, nominated by the
Chairman of that Authority ;
(h) the Provincial Director of Fisheries
of the Province within which the
Fisheries Management Area is
situated ;
(i) an officer of the Department of Coast
Conservation and Coastal Resource
Management established under the
Coast Conservation and Coastal
Resource Management Act, No. 57
of 1981 nominated by the Director-
General of Coast Conservation and
Coastal Resource Management;
(j) an officer of the National Aquatic
Resources Research and
Development Agency established
under the National Aquatic
Resources Research and
Development Agency Act, No. 54
of 1981 nominated by the Chairman
of the Governing Board of that
Agency;
Fisheries and Aquatic Resources (Amendment) 17
Act, No. 35 of 2013
(k) an officer of the National
Aquaculture Development
Authority established under the
National Aquaculture Development
Authority of Sri Lanka Act, No. 53
of 1998, nominated by the
Chairman of the Board of Directors
of that Authority;
(l) an officer of the Central
Environmental Authority
established under National
Environmental Act, No. 47 of 1980,
nominated by the Chairman of that
Authority;
(m) an officer of the Department of Wild
Life Conservation established
under the Fauna and Flora
Protection Ordinance (Chapter 469)
nominated by the Director-General
of Wild Life Conservation;
(n) an officer of the Department of
Forest Conservation, established
under Forest Conservation
Ordinance (Chapter 451)
nominated by the Conservator-
General of Forest:
(o) an officer of the Marine
Environment Protection Authority
established under Marine Pollution
Prevention Act, No. 35 of 2008,
nominated by the Chairman of that
Authority;
(p) an officer of the Ministry of Land
nominated by the Secretary to the
Ministry of the Minister to whom
the subject of land has been
assigned;
18 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
(q) an officer of the Sri Lanka Tourism
Development Authority established
by the Tourism Act, No. 38 of
2005, nominated by the Chairman
of that Authority;
(r) an officer of the Department of
Police nominated by the Deputy
Inspector General of Police for
the Province within which the
Fisheries Management Area is
situated;
(s) an officer of the Department of
Coast Guard established by the
Department of Coast Guard Act,
No. 41 of 2009, nominated by
the Director-General of that
Department; and
(t) an officer of the Sri Lanka Navy
nominated by the Commander of
the Navy for the province within
which that Fisheries Management
Area is situated.
(3) The Director-General shall appoint from
among the officials referred to in paragraph (a)
of subsection (2) a Secretary or a Convener of
the Coordinating Committee. The Secretary or
the Convener shall convene all meetings of
the Coordinating Committee constituted for a
Fisheries Management Area.
(4) The Coordinating Committee
constituted for a Fisheries Management Area
shall meet at least once in every month, or in
the case of an emergency.
(5) The Director-General or his nominee
shall preside at all meetings of a
Coordinating Committee. In the absence of
Fisheries and Aquatic Resources (Amendment) 19
Act, No. 35 of 2013
the Director-General or his nominee from a
meeting of a Coordinating Committee, the
members present may elect, from among
themselves, a Chairman for that meeting.
(6) The Director-General may appoint other
persons, including representatives of
Divisional Coordinating Committees,
representatives of associations representing
other commercial activities conducted within
the limits of the Fisheries Management Area,
representatives of the fisher women’s groups
and representatives of non-governmental
organizations involved in natural resources
management and the welfare of fishers, within
the limits of the Fisheries Management Area,
to be members of the Coordinating Committee.
Fisheries 31B. (1) It shall be the duty of a Coordinating
Development Committee constituted for a Fisheries
and
Management Area, to submit to the Director-
Management
General a Fisheries Development and
Plans.
Management Plan in respect of the Fisheries
Management Area, within a period of one year
from the date of the Order under section 31(3)
designating such area as a Fisheries
Management Area.
(2) A Fisheries Development and
Management Plan prepared by a Coordinating
Committee shall include any or all of the
following proposals:—
(a) proposals for the division of the
Fisheries Management Area into
zones for particular uses;
(b) proposals for the prohibition or
regulation of the use of particular
types of fishing gear or euqipment
for the taking of fish and aquatic
resources in the Fisheries
Management Area;
20 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
(c) proposals for the prohibition or
regulation of the use of particular
methods for taking of fish or aquatic
resources in the Fisheries
Management Area;
(d) proposals for the prohibition of the
taking of particular species of fish
or aquatic resources in the Fisheries
Management Area;
(e) proposals for the declaration of
closed seasons for fishing in
particular parts of that Fisheries
Management Area or for particular
species of fish in that Fisheries
Management Area;
(f) proposals for regulating the times at
which fish or aquatic resources may
be taken in the Fisheries
Management Area;
(g) proposals for the preservation of
locations of scenic beauty or of
cultural or ecological significance
in the Fisheries Management Area;
(h) proposals for the improvement of the
sustainability of fish and other
aquatic resources in the Fisheries
Management Area;
(i) proposals to address research, post-
harvest and marketing and
development aspects related to the
Fisheries Management Area;
(j) proposals for monitoring,
compliance and surveillance; and
(k) proposals for consultation and
review.
Fisheries and Aquatic Resources (Amendment) 21
Act, No. 35 of 2013
(3) The Director-General having regard to
the purposes of this Act, shall within sixty days
of a Fisheries Development and Management
Plan being submitted by a Coordinating
Committee, make modifications if any, to the
plan and submit the plan to the Minister for his
approval.
(4) The Minister shall approve a plan
submitted under subsection (3), within sixty
days of it being submitted to him and shall
cause the plan to be published in the Gezette.
The plan shall be operative from the date of its
publication in the Gazette or from such later
date as may be specified therein.
(5) The Minister shall give effect to the
provisions of the plan by making appropriate
regulations under section 61 and by the
publication of appropriate notices under
section 34.”.
11. Section 32 of the principal enactment is hereby Amendment of
section 32 of the
amended in subsection (2) of that section, by the repeal of
principal
paragraph (a) of that subsection. enactment.
12. Section 49 of the principal enactment is hereby Amendment of
section 49 of the
amended as follows:—
principal
enactment.
(1) by the repeal of subsections (1) and (2) of that
section, and the substitution therefor of the
following subsections:—
“(1) Any person who contravenes or fails to
comply with the provisions of sections 14E, 15,
16, 17 or 22 or any Order made under section 30
of this Act shall be guilty of an offence and shall
on conviction after summary trial before a
Magistrate, be liable to a fine not exceeding
twenty five thousand rupees.
22 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
(2) Any person who contravenes or fails to
comply with the provisions of sections 6, 28, 34
or 35 of this Act shall be guilty of an offence and
shall on conviction after summary trial before a
Magistrate, be liable to a fine not exceeding
twenty five thousand rupees.”.
(2) by the insertion immediately after subsection (2),
of the following new subsections:—
“(2A) Any person who contravenes or fails
to comply with the provisions of sections 14A or
14F shall be guilty of an offence under this Act
and shall on conviction after summary trial
before a Magistrate be liable to imprisonment
for a term not exceeding two years or to a fine
not less than one million and five hundred
thousand rupees.
(2B) Any person who contravenes or fails
to comply with the provisions of section 29 of
this Act shall be guilty of an offence and shall
on conviction after summary trial before a
Magistrate, be liable to a fine not exceeding fifty
thousand rupees. ”.
(3) in subsection (4) of that section, by the substitution
for the words “to a fine not less than one thousand
rupees”, of the words “to a fine not exceeding
twenty five thousand rupees”;
(4) by the repeal of subsection (5) of that section and
the substitution therefor of the following
subsection:—
“(5) Any person who contravenes a
regulation made under this Act other than a
regulation made under section 61(t) shall be
guilty of an offence under this Act and shall, on
Fisheries and Aquatic Resources (Amendment) 23
Act, No. 35 of 2013
conviction after summary trial before a Magistrate
be liable to a fine not exceeding twenty five
thousand rupees:
Provided that in the case of a conviction for
an offence involving the contravention of a
regulation prohibiting—
(a) purse seine net fishing;
(b) the purchase, sale, transport or
possession of a spiny lobster
carrying external eggs or of a slipper
lobster with external eggs; or
(c) the removal of the eggs of a spiny
lobster or of a slipper lobster,
the fine shall be a fine not exceeding fifty thousand
rupees.”.
(5) by the insertion immediately after subsection (5),
of the following new subsection:—
“(6) Any person who contravenes any
regulation made under section 61(t) of this Act
shall be guilty of an offence and shall, on
conviction after summary trial before a
Magistrate, be liable to imprisonment for a term
not exceeding two years or to a fine not
exceeding one million rupees. ”.
13. Section 61 of the principal enactment is hereby Amendment of
Section 61 of
amended in subsection (1) of that section as follows:—
the principal
enactment.
(1) by the insertion, immediately after paragraph (k) of
that subsection, of the following paragraph:—
“(kk) the implementation of the provisions of a
Development and Management Plan
approved by the Minister and published in
the Gazette under section 31B(4).”.
24 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
(2) by the insertion immediately after the paragraph (s)
of that subsection, of the following new
paragraphs:—
“(sa) the criteria to be adopted in the selection of
skippers of local fishing boats for training;
(sb) the formulation of a scheme for the issue of
certificates of competence to skippers of
local fishing boats and the syllabus to be
followed for the training of skippers of local
fishing boats;
(sc) the protection of fish breeding ecosystems;
(sd) the prevention of the disposal of industrial
and domestic waste in Sri Lanka waters, and
the prevention of the filling of Sri Lanka
Waters, in a manner detrimental to fish and
aquatic resources in such waters;
(se) the registration of boats used for recreational
fishing and the issue of licences for
recreational fishing;
(sf) the prohibition and regulation of the import,
manufacture and sale of fishing gear,
equipment and engines used for fishing
operations;
(sg) the technical instruments for monitoring and
surveillance required to be installed and
maintained in local fishing boats;
(sh) the transponders required to be fixed in local
fishing boats with fitted board engines;
(si) the establishment of the National Fisheries
Federation and Fisheries Organizations at
District and village levels; and
Fisheries and Aquatic Resources (Amendment) 25
Act, No. 35 of 2013
(t) implementing conservation and
management measures adopted—
(i) under the United Nations Convention
on the Law of the Sea of 10 December,
1982;
(ii) by the Indian Ocean Tuna Commission;
(iii) under the Fish Stocks Agreement 1995;
(iv) under the Food and Agriculture
Organization (FAO) of the United
Nations Agreement on Port State
Measures to Prevent, Deter and
Eliminate Illegal Unreported and
Unregulated Fishing 2009.”.
14. Section 66 of the principal enactment is hereby Amendment of
amended as follows:— section 66 of the
principal
enactment.
(1) by the insertion, immediately before the definition
of “aquaculture”, of the following new definition:—
‘ “Agreement on Port State Measures to Prevent,
Deter and Eliminate Illegal Unreported and
Unregulated Fishing 2009” means the
Agreement to prevent, dater and eliminate
Illegal, Unreported and Unregulated (IUU)
fishing through the implementation of
effective port state measures, and thereby
to ensure the long term conservation and
sustainable use of living marine resources
and marine ecosystems, signed in Rome on
November 22, 2009;’;
(2) by the insertion, immediately after the definition
of “authorized officer”, of the following new
definition:—
‘ “Conservation and management measures”
means the measures taken to conserve or
manage one or more species of living marine
resources;’;
26 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
(3) by the insertion, immediately after the definition
of “fishing operation”, of the following new
definition:—
‘ “Fish Stocks Agreement 1995” means the
Agreement for the Implementation of the
United Nations Convention on the Law of
the Sea of December 10, 1982, relating to
the conservation and management of
straddling fish stocks and highly migratory
fish stocks, signed in New York on
December 04, 1995;’;
(4) by the insertion, immediately after the definition
of “foreign fishing boat”, of the following new
definition:—
‘ “High Seas” means the waters beyond Sri Lanka
waters or beyond the waters within the
national jurisdiction of any other State:’;
(5) by the insertion, immediately after the definition
of “import”, of the following new definition:—
‘ “Indian Ocean Tuna Commission” means the
Indian Ocean Tuna Commission established
by the Agreement for the establishment of
the Indian Ocean Tuna Commission,
adopted by the Council of the United
Nations Food and Agriculture Organization
(FAO) in Rome on November 25, 1993;’;
and
(6) by the insertion, immediately after the definition
of “Sri Lanka waters”, of the following new
definition:—
‘ “United Nations Convention on the Law of the
Sea of December 10, 1982” means the
Convention on the Law of the Sea signed in
Montego Bay, Jamaica on December 10,
1982.’.
Fisheries and Aquatic Resources (Amendment) 27
Act, No. 35 of 2013
15. There shall be substituted for the word “fisherman” Substitution of
the word
wherever that word occurs in any provision of the principal
“Fisher”.
enactment of the word “fisher”.
16. Every Fisheries Management Area designated under Transitional
section 31 of the principal enactment prior to the date of provisions.
commencement of this Act shall, be deemed to be a Fisheries
Management Area designated under section 31 of the
principal enactment as amended by section 9 of this Act and
accordingly a Fisheries Management Coordinating
Committee shall be constituted for that Fisheries
Management Area within three months of the date of
commencement of this Act. Any Fisheries Management
Authority which has been established under section 31 of
the principal enactment shall cease to exist from the date of
commencement of this Act.
17. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail.

28 Fisheries and Aquatic Resources (Amendment)
Act, No. 35 of 2013
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