FISHERIES

(1) There may be appointed[3]-

(2) Subject to the general direction and control of the Minister[1], the Director shall be responsible for the administration of the provisions of this Ordinance.

(3) Any person appointed under subsection (1) to be or to act as a Deputy Director of Fisheries may, subject to the control of the Director, exercise all or any of the powers conferred on the Director by or under this Ordinance.

(4) All officers appointed under this section shall be 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 are hereby declared to be peace officers within the meaning and for the purposes of the Criminal Procedure Code.

(1) There shall be a Fisheries Advisory Board which shall consist of

(2) Any of the officers mentioned in paragraphs (a), (b) and (c) of subsection (1) who is unable to attend any meeting of the board may authorize any other officer of his department to be present on his behalf at such meeting; and the officer so authorized shall be deemed for the purposes of the meeting to be a member of the board.

(3) Subject as hereinafter provided, each member of the board who is appointed under subsection (1) (d) shall ordinarily hold office for a period of three years unless he is appointed to be a member of the board for some shorter period :

Provided that any member of the board may at any time resign from the board or be removed therefrom by order of the Minister;[1]

Provided further that an unofficial member of the board appointed under paragraph (d) of subsection (1) shall, if he absents himself from three consecutive meetings of the board without notifying a reasonable excuse to the chairman, cease to be a member of the board.

(4) Regulations may be made providing for the conduct of the business of the board and the procedure to be observed at meetings of the board :

(a) to advise the Director on all such matters relating to fisheries and the fishing industry in Ceylon, or to the administration of this Ordinance, as the Director may refer to the board for advice ;

(b) to perform and exercise such duties and powers as may be prescribed or entrusted to it by or under this Ordinance:

Provided, however, that nothing hereinbefore contained shall be deemed to preclude the board from making any recommendation to the Director on any matter referred to in paragraph (a), notwithstanding that it may not have been referred to the board for advice.

(a) to a Ceylonese or a Ceylon company;

(b) to a Ceylonese who is employed by, and takes fish on behalf of, a Ceylonese or a Ceylon company of the holder of fishing licence; and

(c) to any person who is a member of a class of persons exempted by regulation from the necessity for obtaining a fishing licence; and

(1) Every application for a fishing licence shall be made to the prescribed officer in the prescribed form and shall be accompanied by the prescribed fee.

(2) A prescribed officer may, in such circumstances and upon such grounds as may be prescribed , refused to grant a fishing licence to any person who makes application therefor. An appeal shall lie to Minister from any such refusal, and the decision of the Minister upon such appeal shall be final.

(a) be in the prescribed form, and being in force until the thirty-first day of December next following the date on which it is granted;

(b) be subject to such conditions as may, in accordance with regulations, be inserted in the licence.

(1) On or after such date as may be prescribed, no person shall, except under the authority of a permit issued in that behalf by a prescribed officer, land at any port or place in Ceylon any fish taken outside Ceylon waters unless

(2) Regulations may be made exempting any specified class or classes of persons from the operation of the provisions of subsection (1).

(3) A prescribed officer may, in such circumstances and upon such grounds as may be prescribed, refuse to issue to any person a permit under this Ordinance to land in Ceylon fish taken outside Ceylon waters. An appeal shall lie to the Minister from any such refusal, and the decision of the Minister upon such appeal shall be final.

(1) No person shall, except under the authority of an export permit issued by the Director in that behalf, export from Ceylon any live fish, or the eggs, roe or spawn of any fish, which is of a species for the time being included in the First Schedule.

(2) The provisions of the First Schedule may from time to time be added to or otherwise amended by regulation.

(3) This section shall have effect ‘as though it formed part of the Customs Ordinance, and the provisions of that Ordinance shall apply accordingly.

(1) Subject to the provisions of subsection (2), no person shall, except under the authority of an import permit issued by the Director in that behalf, import into Ceylon any live fish or the eggs, roe or spawn of any fish.

(2) No import permit shall be required to authorize the importation into Ceylon of any live fish of any species for the time being included in the Second Schedule! or the eggs, roe or spawn of any such fish.

(3) This section shall have effect as though it formed part of the Customs Ordinance, and the provisions of that Ordinance shall apply accordingly.

(a) willfully damage or destroy any fishing stakes, nets or other fishing equipment belonging to any other person;

(b) manufacture, sell, expose for sale or have in his possession, any instrument serving only or intended to damage or destroy fishing slakes, nets or other fishing equipment.

(1) Where the Director is satisfied that adequate arrangements have been made by any club or association for the preservation and protection, in any stream or inland water, of any fish of any species for the time being included in the Second Schedule, in the Director may, with the approval of the Minister[1], by writing under his hand, grant to such club or association the exclusive right to take such fish in such stream or inland water within such limits and for such period and subject to such conditions as the Minister[1] may determine.

(2) The provisions of the Second Schedule! may from time to time be added to or otherwise amended by regulation.

(3) Where the exclusive right to take any fish in any stream or inland water is granted to any club or association under subsection (1), such club or association may make rules for the preservation and protection in such stream or inland water, of the fish to which the right relates and for the regulation of the time and manner of taking such fish, and such rules may, without prejudice to the generality of the powers hereinbefore conferred, provide for all or any of the following matters :-

(4) No rule made under subsection (3) shall have effect unless it is approved by the Minister and published in the Gazette.

(5) Any exclusive right granted or deemed to be granted under this section may be withdrawn in such manner and in such circumstances as may be prescribed.

(1) Where any fishing dispute arises or is apprehended, the Minister may, if he considers it expedient so to do, refer the dispute and all matters relating thereto, connected therewith or arising therefrom for public inquiry and report to any person or to a committee of not more than three persons appointed by him for the purpose. Where a committee is so appointed, one of the members nominated by the Minister in that behalf shall be the chairman.

(2) A reference made to any person or committee under subsection (1) shall specify the subject-matter of the fishing dispute to which it relates and shall require that person or committee to hold a public inquiry into and report on not only the subject-matter of that dispute but also all such matters relating to, connected with or arising from that dispute as may be mentioned in any representations that may be made in accordance with the provisions of this section to that person or committee. The Minister shall publish a copy of the reference in the Gazette, and judicial notice shall be taken by all courts in Ceylon of the reference so published.

(3) It shall be the duty of the person or committee to whom a dispute is referred under subsection (1)

(4) Any person who is affected by a fishing dispute regarding which a notice is published under subsection (3) or by any matter relating to, connected with or arising from such dispute shall be entitled to be present and to make representations relating to such dispute or matter and to tender evidence, whether oral or documentary, in support of his representations at the public inquiry into such dispute.

(5) It shall be lawful for the person or committee holding a public inquiry into a fishing dispute under this section by order to require any person to give evidence at the public inquiry and to produce thereat any such document in his custody or possession as is relevant to the subject-matter of that dispute or to any matter relating to, connected with or arising from that dispute.

(6) The person or committee holding a public inquiry under this section may in his or their discretion require that oral evidence given at the inquiry shall be given on oath.

(7) Any person who fails or refuses to comply with any order made under subsection (5) or who gives false evidence at any public inquiry held under this section shall be guilty of an offence and shall be liable on conviction after summary trial before a Magistrate to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(8) Regulations may be made providing for the procedure to be followed at public inquiries held under this section. Subject to the provisions of any such regulation, the person or the committee to whom a dispute is referred under subsection (1) may determine the procedure to be followed at the public inquiry.

(9) It shall be the duty of the person or committee to whom a dispute is referred under subsection (1), after considering such representations as may have been made and such evidence as may have been given regarding the subject matter of the dispute and any matters relating thereto, connected therewith or arising therefrom, to prepare a report containing the findings upon the matters inquired into and such recommendations as that person or committee may consider necessary in regard to those matters and the rights, restrictions or prohibitions which should be conferred or imposed with respect to the taking of fish in the waters in relation to which the dispute arose or is apprehended.

Such report shall be read out at the conclusion of the public inquiry or on a date to which the inquiry shall be adjourned for the purpose, and shall be published in the Gazette.

(10) Any person who is affected by any fishing dispute into which a public inquiry is held under this section or by any matter relating to, connected with or arising from that dispute may, before the expiration of a period of one month from the date of the publication in the Gazette of the report prepared under subsection (9) in relation to that dispute, make representations in writing to the Minister with respect to any matter dealt with in the report.

(11) The Minister, after considering the report published under subsection (9) in respect of any fishing dispute and any representations made to him under subsection (10) with reference to that report, may make regulations regarding the subject-matter of that dispute or any matter relating thereto, connected therewith or arising therefrom, including regulations for the purpose of

(12) Nothing in the preceding provisions of this section shall be deemed or construed to authorize the reference thereunder of any dispute in relation to the subject-matter of which any civil action or other civil proceeding is pending before any court of competent jurisdiction.

(13) Where a fishing dispute has been referred for public inquiry and report under the preceding provisions of this section, then, notwithstanding anything in any other law, no civil action or other civil proceeding shall in respect of any matter constituting or comprised in the subject-matter of the dispute be instituted or maintained in any civil court at any time before the expiration of a period of three months from the dale of the publication in the Gazette of the report prepared under subsection (9) in relation to that dispute.

(14) In this section “fishing dispute” means any dispute, between two or more groups or sections of persons engaged in fishing, in regard to the right to take fish, or to the time or manner of taking fish in any part of Ceylon fisheries waters.

(a) go on Board any fishing boat which is for the time being within Ceylon waters and may make such examination of the boat, the personnel of the crew thereof, the nets and other equipment carried therein and the fish found therein, as may be necessary for the purpose of ascertaining whether any provision of this Ordinance or of any regulation has been contravened ;

(b) examine any fishing nets, fishing kraals, fishing stakes or other fishing equipment, which may be found in Ceylon waters ;

(c) enter any premises in which fish is stored, kept or cured for profit, or in which any aquarium is maintained for profit, and examine any fish found therein for the purpose of ascertaining whether any provision of this Ordinance or of any regulation has been contravened.

(1) Any officer appointed under section 2(1) may, if he has reason to believe that any offence under this Ordinance has been committed, seize and detain any fishing boat, or any fishing net or stake, or other equipment or instrument or any vehicle used in or in connexion with the commission of the offence, or any fish taken in course of such Commission

(2) Where any article is seized under subsection (1), the officer by whom the article was seized shall, as soon as possible, produce that article before or make it available for inspection by a Magistrate’s Court of competent jurisdiction; and the court shall make such order as it may deem fit relating to the custody of the article pending its disposal under subsection (3).

(3) Where any article is seized under subsection (1) from the possession of any person

(a) that where any fish is found at any time in any fishing boat at any place in Ceylon or in Ceylon waters, such fish was taken

(b) that any person who takes, or is presumed under paragraph (a) (ii) to have taken, any fish from a fishing boat of which he is not the owner, is employed by the owner of that boat for the purpose of taking such fish;

(c) that where any fishing boat which has not been registered is at any time within Ceylon waters, any fish found in that boat at that time was taken for profit in Ceylon waters;

(d) that any fish which is not taken for sport, scientific research or for any other prescribed purpose, is taken for profit.

(1) Where any poisonous, explosive or stupefying substance, which can be used for the purpose of poisoning, killing or stupefying fish, is found in the possession or control of any person in the neighbourhood of any Ceylon waters, shortly after such substance is proved to have been used in such waters, that person shall be presumed, until the contrary is proved, to have used such substance for the purpose aforesaid.

(2) Where any poisonous, explosive or stupefying substance, which can be used for the purpose of poisoning, killing or stupefying fish, is found in the possession or control of any person in a fishing boat in Ceylon waters, that person shall be presumed, until the contrary is proved, to have attempted to use such substance for the purpose aforesaid.

(1) Any person who acts in contravention of any provision of this Ordinance shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(2)Any person who acts in contravention of any provision of any regulation or of any conditional lawfully inserted in any fishing licence or permit granted under this Ordinance, shall be guilty of an offence and shall be liable to a fine not exceeding five hundred rupees.

(3) A person who acts in contravention of any provision of any provision of any regulation shall, in addition to any other penalty which may be imposed under subsection (2), be liable to a fine of one hundred rupees for each day during which the contravention is continued after conviction thereof.

(4) Any person who attempts or conspires to commit any offence under this Ordinance shall be deemed to be guilty of that offence.

(1) Any person who acts in contravention of any of the provisions of section 14 shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not less than five hundred rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment or on a second or subsequent conviction to a fine not less than one thousand rupees or to imprisonment of either description for a term not exceeding two years or to both such fine and imprisonment.

(2) Any officer appointed under section 2(1) who shall

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees.

(3) The preceding provisions of this section shall have effect notwithstanding anything in section 26.

(1) Where the holder of a fishing licence or of a permit granted or issued under this Ordinance is convicted by a Magistrate of any offence under this Ordinance, the Magistrate may make order cancelling the licence or permit.

(2) The Magistrate may, on the conviction of any person of any offence under this Ordinance, make order declaring that any fishing boat, or any fishing net or stake, or other equipment or instrument or any vehicle used in or in connexion with the commission of the offence, or any fish taken in the course of such Commission shall be forfeited to the Her Majesty :

Provided that in the case of a conviction of an offence under section 14 or section 15, the Magistrate shall make order as aforesaid unless it is proved that the fishing boat, fishing net or stake, or other equipment or instrument or vehicle belongs to a person other than the person convicted and that the owner thereof had no knowledge that it would be used in or in connexion with the commission of the offence.

(a) over that part of the coast nearest to the place at which the offence was committed ; or

(b) over the place at which the person comes ashore after the commission of the offence,

(1) The Minister[1] may make regulations for the regulation and control of the fishing industry, for the protection of fish in Ceylon waters, and generally for the purpose of carrying out or giving effect to the principles and provisions of this Ordinance.

(2) Without prejudice to the generality of the powers conferred by subsection (1) the Minister[1] may make regulations for or in respect of all or any of the following matters:

(3) Any regulation made for or in respect of any of the matters referred to in paragraphs (i) to (p) of subsection (2) may be limited in application to fish of any specified class or description, or in operation to any specified part of Ceylon waters or to the waters in any specified place or area in Ceylon.

(4) No regulation made by the Minister shall have effect until it has been approved by Parliament and notification of such approval is published in the Gazette. Every regulation shall upon notification of such approval be as valid and effectual as if it were herein enacted.

(1) A fund to be called the Fisheries Reward Fund (hereinafter referred to as the “fund”) is hereby established.

(2) There shall be paid into the fund alt fines recovered under this Ordinance and all sums of money realized by the disposal of articles forfeited under this Ordinance.

(3) The Director may, in his discretion, pay a reward to any officer appointed under section 2 (1) or informer out of the moneys in the fund :

Provided, however, that no such reward shall exceed fifty rupees unless the Director has obtained the approval of the Secretary to the Ministry charged with the subject of Fisheries (hereinafter referred to as “the Secretary”).

(4) Where any witness incurs travelling expenses in attending court for the purpose of giving evidence at any trial in respect of an offence under this Ordinance which are not payable to him under any other law, the Director may pay to such witness out of the moneys in the fund such amount as may be determined by him to cover the cost of the expenses properly so incurred :

Provided that no such payment shall exceed fifty rupees unless the Director has obtained the approval of the Secretary.

(5) The Director shall be responsible for the administration of the fund and accounts of the fund shall be audited annually by the Auditor-General.

(a) the territorial waters of Ceylon; and

(b) all public base, rivers, lakes, lagoons, estuaries, streams, tanks, pools, ponds and channels and all other public inland waters;

(a) chanks;

(b) pearl oysters within the meaning of the Pearl Fisheries Ordinance ;

(c) whales to which the Whaling Ordinance applies; or

(d) any reptile for the time being included in Schedule I to the Fauna and Flora Protection Ordinance ;

(a) any exclusive right of taking any fish in any stream or inland water heretofore conceded to any club or association under that Ordinance may continue to be exercised in like manner as if such right was granted to that club or association under section 17 of this Ordinance, and all rules made by such club or association and in force at the appointed date, shall continue in force in like manner as if they were made under this Ordinance, and may be amended, varied or rescinded by rules made by that club or association and duly approved by the Minister[1] under the said section ;

(b) all regulations made under that Ordinance and in force at the appointed date, shall continue in force in like manner as if they were made under this Ordinance, and may be amended, varied, or rescinded by regulations made under section 33 ;

(c) every notification, establishing a close season in respect of any fish, made under that Ordinance and in force at the appointed date, shall continue in force in like manner as if it were a regulation made under this Ordinance, and may be amended, varied or rescinded by regulation.

(1) Nothing in this Ordinance shall apply to the taking of fish in any Strict Natural Reserve or National Park within the meaning of the Fauna and Flora Protection Ordinance

(2) The provisions of this Ordinance shall be in addition to and not in substitution of provision of the Forest Ordinance or of any rule thereunder relating to the taking of fish or to the manner of the taking of fish in Ceylon waters.