Fisheries and Aquatic Resource

39.

(1) No person shall set up, operate or engage in any aquaculture operation except under the authority of a licence issued by the Director-General for that purpose.

(2) The Director-General shall have the power to delegate in writing to any Licensing Officer appointed under section 40, his authority under subsection (1) to issue licences in respect of aquaculture operations.

Appointment of Licensing Officers.

40.

(1) The Director-General shall appoint in respect of each Administrative District, one or more persons as Licensing Officers, from among persons who are nominated for that purpose under section 14A of the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998, by the Director- General of the Authority.

(2) An officer appointed as a Licensing Officer under subsection (1) shall perform such duties as may be delegated to such officer in writing by the Director-General under subsection (2) of section 39. The Licensing Officer shall in the performance of his duties, be subject to the general direction and supervision of the Director-General.

Application for licence and the processing of such application.

41.

(1) Every application for the issue of a licence under section 39 shall be made in the prescribed form to the appropriate Licensing Officer appointed for the Administrative District within which the aquaculture operation is proposed to be set-up, operated or engaged in.

(2) Every application submitted under subsection (1) shall contain complete and accurate information of all required particulars and be accompanied by the prescribed fee.

(3) The Licensing Officer may, having considered the information and particulars contained in an application submitted under subsection (1), and where the applicant has fulfilled the requirements as prescribed pertaining to suitability to be issued with a licence under section 39, issue such licence to the applicant.

(4) An application found to contain false, misleading or incorrect information or particulars shall be rejected.

Form and duration of a licence.

42. A licence issued under section 41, shall-

(a) be in such form as the Director-General may determine in consultation with the Authority;

(b) be subject to such terms and conditions as specified in the licence;

(d) unless earlier revoked, be in force for the period as specified in the licence.

Renewal of a licence.

43.

(1) A licence issued under section 41 may be renewed upon an application being submitted for that purpose in the prescribed form to the appropriate Licensing Officer, accompanied by the prescribed renewal fee, not less than thirty days prior to the date of expiration of the licence previously issued.

(2) The Licensing Officer may renew a licence on receipt of an application under subsection (1), where-

(a) the licensee has not violated or done anything in contravention of the terms and conditions of the licence issued;

(b) the licensee has not contravened any provisions of this Act or any regulations made thereunder;

(c) the licensee has not contravened any provisions of the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998 or any regulations made thereunder; or

(d) the continuation of the aquaculture operation concerned will not have any adverse impact on the environment.

(3) The provisions of section 42 shall apply in respect of a licence issued on renewal under this section.”.

Suspension of a licence.

43A.

(1) A licence issued under section 41 may be suspended by the Director-General, where-

(a) it becomes necessary in order to implement any aquaculture conservation or management measures adopted in consequence of a determination made by the Authority ;

(b) the licensee has been charged for the commission of an offence under this Act or the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998 or any regulations made under those Acts; or

(c) the licensee has contravened any provisions of this Act or the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998 or any regulations made under those Acts, and the severity of such contravention does not warrant a cancellation of the licence.

(2) Where a licence is suspended under paragraph (a) of subsection (1), the licensee shall be entitled to a pro rata refund of the fee paid by him for the issue of the licence.

Cancellation of a licence.

43B.

(1) A licnece issued under section 41 shall be cancelled by the Director-General, where –

(a) it is found that the licence had been obtained by providing false, misleading or inaccurate information;

(b) the licensee has been convicted of an offence under this Act or the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998 ;

(c) the licensee has been convicted for an offence relating to any fishing or aquaculture activity under any written law;

(d) the licensee has contravened any provision of this Act or the National Aquaculture development Authority of Sri Lanka Act, No. 53 of 1998 or any regulation made under those Acts ;

(e) the licensee has acted in contravention or in violation of any terms or conditions subject to which such licence was issued ; or

(f) the continuation of the aquaculture operation would have an adverse impact on the environment.

(2) Where a licence issued is suspended or cancelled as the case may be under section 43A or this section, it shall be the duty of the Director-General to forthwith inform the licensee of such suspension or cancellation, by a written communication sent under registered post to the address given by the licensee.

Reasons to be communicated.

43C. Where an application for the issue or renewal of a licence under section 41 or section 43, as the case may be, has been refused, the reasons for such refusal shall be recorded by the Licensing Officer to whom such application for the issue or the renewal was made. It shall be the duty of such Licensing Officer to inform the person making such application, by a written communication sent under registered post to the address appearing in the application, of the reasons for such refusal.

Appeals.

43D.

(1) Any person aggrieved by a decision refusing the issue or renewal, as the case may be, of a licnece or the suspension or cancellation of a licence issued, may, within thirty days of the date of receipt of the written communication informing such person, of the refusal or the suspension or cancellation, as the case may be, appeal against such decision to the Secretary to the Ministry of the Minister.

(2) The decision on any appeal submitted under subsection (1) shall be made within sixty days of the receipt of such appeal and the person making such appeal shall be informed of the decision made on it, forthwith.

(3) Where the Secretary to the Ministry of the Minister considers it appropriate, he may hold such inquiry as deem necessary in the circumstances of the case, prior to arriving at any decision on any appeal made to him under subsection (1).

(4) The decision of the Secretary to the Ministry of the Minister on any appeal made under this section, shall be final.

Complaints against Licensing Officer.

43E.

(1) Any person who is dissatisfied with the actions of a Licensing Officer may forward a complaint in writing to the Director-General and it shall be the duty of the Director-General to take all such action as is appropriate to inquire into such complaint and recommend to the Authority the steps that may be taken in regard to the same.

(2) Notwithstanding the provisions of subsection (1), the Director-General shall have the power after inquiring into any complaint made against a Licensing Officer and where it appears to be appropriate in the circumstances, to remove such Officer from the post of Licensing Officer.

Crediting of fees collected to the Authority.

43F. It shall be the duty of the Director- General to credit monthly to the Fund of the Authority, all sums collected as fees for the issue and renewal of any licences under section 41 and section 43, as the case may be.

PART VIII


	SETTLEMENT OF DISPUTES

Settlement of fishing disputes.

[ 4,22 of 2006]

44.

(1) When any fishing dispute arises or is apprehended, such dispute may be referred by the Director to an Authorised Officer for inquiry.

(2) When a fishing dispute Is referred to an Authorized Officer under subsection (1) he shall summon the parties to the dispute and endeavour to settle the dispute by conciliation.

(3) If the Authorized Officer succeeds In settling a fishing dispute, a memorandum setting out the terms of settlement shall be drawn up by him and shall be signed by the parties to the dispute or by their representatives Such terms of settlement shall be binding on the parties to the dispute.

(4) If the Authorized Officer fails to effect a settlement, he shall proceed to hear the parties to the dispute and their witnesses and shall determine such dispute.

(5) Any person who is affected by a fishing dispute or by any matter relating to. connected with or arising from such dispute, which is the subject matter of an inquiry before as Authorized Officer shall be entitled to be present at such inquiry and to make oral or documentary representations relating to such dispute.

(6) It shall be the duty of the Authorized Officer to prepare a report containing his findings upon the matters inquired into and such recommendations as he may consider necessary in regard to those matters and the rights restrictions or prohibitions which should be conferred or imposed pertaining to the taking of fish in the waters relating to which the dispute arose or is apprehended or any other related matter. Such report shall be read out at the conclusion of the inquiry. The parties to the dispute and any other person who is affected by such report shall be entitled to obtain a copy of such report on payment of the prescribed fee.

(7) The Authorized Officer shall endeavour to conclude the proceedings taken under this section within a period of one month from the date on which the dispute is referred to him Where he takes a longer period for such proceedings he shall record the

(8) The Minister may make regulations providing for the procedure to be followed at an inquiry held under this section.

(9) Any person who is affected by any fishing dispute into which an 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 report in relation to that dispute, make representations in writing to the Minister on any matter dealt with in the report.

(10) The Minister after considering the report prepared under subsection (8) in respect of any fishing dispute and any representations made to him under subsection (9) with reference to that report, may-

(a) make order canceling the registration of any fishing net or fishing gear and the owner thereof registering in place of such fishing net or fishing gear and the owner thereof any other fishing net or fishing gear and the owner thereof ;

(b) make regulations regarding the subject matter of that dispute or any matter relating thereto or connected therewith or arising therefrom, including regulations for the purpose of-

(i) prohibiting, restricting or regulating the tabing of fish in any specified part of Sri Lanka Waters by persons not belonging to any specified group or section of persons specified fishing boats, fishing gear and methods; or

(11) 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.

Interim Orders in respect of fishing disputes.

45.

(1) Where the Minister apprehends that any fishing dispute which has been referred for inquiry and report Under section 44 is likely to result in a breach of the peace, he may by Order published in the Gazette, make all such provisions in respect of the matters referred to in paragraphs (b) (i) and (ii) of subsection (10) of that section as he may deem necessary to prevent such breach of the peace.

(2) Any Order made by the Minister under subsection (I) in respect of any fishing dispute shall come into force on the date of its publication in the Gazette and shall cease to be in force on the date of the coming into force of regulations, if any, made by the Minister under section 44 (10) in respect of that dispute.

Aquaculture disputes.

[ 5,22 of 2006]

45A.

(1) Where any dispute arises or is apprehended relating to an aquaculture operation, such dispute shall be referred by the Director-General for inquiry and settlement to an authorized officer nominated for that purpose. An authorized Officer may in the conduct of an inquiry be assisted by any Licensing Officer.

(2) The provisions of the section 44 and section 45 shall mutatis mutandis, apply to and in respect of the conduct and settlement of a dispute referred to in subsection (1).

Powers of authorized officers.

46.

(1) The Director shall authorize such number of officers not below the rank of Fisheries Inspector, as may be necessary to implement the provisions of this Act, who shall be known as “authorized officers”.

(2) An authorized officer authorized under subsection (1) shall be deemed to be a peace officer within the meaning of the Code of Criminal Procedure Act, No.15 of 1979.

(3) An authorized officer shall, for the purpose of ascertaining whether the provisions of this Act or any regulation made thereunder are being complied with, have the power-

(a) to stop, go on board and search any fishing boat in Sri Lanka Waters or any local fishing boat engaged in fishing operations in the high seas, and examine such boat, the crew thereof, the fishing gear and other equipment carried therein and any fish or other aquatic resources found on board such boat;

(b) to stop and search any vehicle transporting any fish or other aquatic resources ; or

(c) to examine and take copies of any licence, permit, book, certificate or other document required to be obtained or maintained by or under this Act.

(4) An authorized officer, where he has reason to believe that an offence under this Act has been committed, may, with or without a warrant-

(a) enter and search at all reasonable hours of the day, any premises in which he has reason to believe such offence has been committed ;

(b) enter and search at all reasonable hours of the day any premises in which fish or other aquatic resource, taken In contravention of the provisions of this Act or any regulation made thereunder are being stored or kept;

(c) take samples of any fish or other aquatic resources found in any premises searched under paragraph (a) or paragraph (b) ;

(d) arrest any person found In any such premises, who he has reason to believe, has committed an offence under this Act or any regulation made thereunder ;

(e) seize any boat, engine, fishing net or other fishing gear or equipment, or any vehicle or thing which he has reason to believe, has been used in or in connection with, the commission of an offence under this Act or any regulation made thereunder;

(f) seize any fish or other aquatic resources or stores or cargo which he has reason to believe have been taken in the commission of such offence, or have been landed, sold, bought, received, or possessed to contravention of this Act or any regulation made thereunder; or

(g) seize any poisonous, explosive or stupefying substance or other noxious or harmful material or substance which he has reason to believe has been used, or is possessed, in contravention of this Act.

(5) Where a fishing boat or other thing is seized under subsection (4), the authorized officer by whom the boat or other thing is seized shall, as soon as possible produce that boat or other thing before a Magistrate’s Court of competent Jurisdiction and the Court shall make such order as it may deem fit relating to the detention or custody of the boat or other thing, pending the conclusion of any proceedings instituted in respect of that boat or other thing:

Provided that, where any fish or other aquatic resources seized under subsection (4) are subject to speedy decay, an authorized officer may sell such fish or other aquatic resources and shall deposit the proceeds of such sale in the Magistrate’s Court.

(6) Every person arrested under subsection (4) shall be intermed of the reason for his arrest, and shall subject in the case of an arrest under a warrant, to any endorsement in such warrant, be produced before a court of competent jurisdiction within twenty-four hours of such arrest, exclusive of the time necessary for the journey from the since of arrest of that court.

“Granting of bail.

[ 4, 4 of 2004]

46A. NO bail shall be allowed by a Magistrate to any person who is accused of an offence under paragraph (a) or (b) of subsection (I) or subsection (3) of section 27 of this Act:

Provided however, the High Court of the Province established under Article 154p of the Constitution may, for exceptional circumstances shown to the satisfaction of the Court, allow bail to such person who is accused of an offence under paragraphs (a) or (b) of subsection (1) or subsection (3) of section 27 of this Act.”.

Power of

47.

(1) Where default is made by any person in the payment of any sum due to the Government on any agreement entered into between the Government and such person in respect of a fishing boat, engine, fishing net or other fishing gear, or equipment, the Director may in writing empower any authorized officer to seize and remove such fishing boat, engine, fishing net or other fishing gear is equipment.

(2) An authorized officer, for the purpose of seizing any fishing boat, engine, fishing net or other fishing gear or equipment under subsection (1) may enter and search any premises or place in which he has reason to believe such fishing boat, engine, fishing net or other fishing gear or equipment is kept.

(3) Nothing in this section shall be deemed to prejudice the Government from recovering any sum due to the Government on any agreement referred to in subsection (1) in accordance with the provisions of any other law for the time taking in force.

Authorized section

48.

(1) An authorized officer when acting under the provisions of this Act, shall declare his office and produce such identification as may be reasonable sufficient to show last he is an authorized officer for the purpose of this Act.

(2) It shall not be an offence for any person to refuse to comply with a request, demand or order made by an authorized officer if such authorized officer fails to declare his office and produce such identification as may be reasonably sufficient to show that he is an authorized officer for the purpose of this Act.

PART IX


	OFFENCES AND PENALITIES

Offences.

49.

(1) Any person who contravences or fails to comply with the provisions of section 15,16,17 or 22 of this Act or for any order made under section 30 shall be guilty of an offence under this Act and shall, on conviction after summary trial before a Magistrate be liable to a fine not less than two thousand rupees.

(2) Any person who contravenes or fails to comply with the provisions of sections 6, 28, 29, 34, 35 or 39 of this Act shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to imprisonment of either description for a term not exceeding six months or to a fine not less than three thousand rupees or to both such imprisonment and fine.

[ 5, 4 of 2004]

(3) Any person who contravenes the provisions of paragraph (a) of subsection (1) or subsection (3) of section 27. of this Act shall be guilty of an offence and shall on conviction after summary trial before a Magistrate, be liable be imprisonment of either description for a term not less than three years and not exceeding five years or to a fine not less than one hundred thousand rupees and on a second or subsequent conviction to imprisonment of either description for a. term not less than five years and not exceeding seven years or to a fine not less than five hundred thousand rupees.

[ 5, 4 of 2004]

(3A) Any person who contravenes the provisions of paragraph (b) of subsection (1) or subsection (2) of section 27 of this Act, shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a term not less than one year and not exceeding three years or to a fine not less than fifty thousand rupees and on a second or subsequent conviction to imprisonment of either description for a term not less than three years and not exceeding five years or to a fine not less than one hundred thousand rupees”.

(4) Any person who-

(a) fails or refuses to stop any fishing boat In Sri Lanka Waters or beyond the limits of Sri Lanka Waters, or any vehicle transporting fish or other aquatic resources, when required to do so by an authorized officer;

(b) fails to appear before an authorized officer when summoned to do so under subsection (2) of section 44 or being a party to a settlement entered under subsection (3) of section 44 falls to comply with the terms of such settlement;

(c) does not allow the search and examination of such boat, the crew thereof, the fishing gear and other equipment carried therein and any fish or other aquatic resources found on board such boat or vehicle transporting fish or other aquatic resources, by an authorized

(d) refuses to be searched by, obstructs or resists, or escapes or attempts to escape from the custody of, an authorized officer acting in pursuance of the powers conferred on him by section 46,

shall be guilty of an offence under this Act and shall, on conviction after summary trial before a Magistrate, be liable to a fine not less than one thousand rupees.

(5) Any person who contravenes any regulation made under this Act or kept in force by this Act shall be guilty of an offence under this Act and shall, on conviction alter summary trial before a Magistrate, be liable to imprisonment of either description for a term not exceeding six months or to a fine not exceeding two thousand rupees or to both such fine and imprisonment :

Provided that, in the case of a conviction of an offence of contravening any such regulation prohibiting purse seine net fishing, the fine shall not exceed ten thousand rupees.

Offences relating to aquaculture operations.

[ 6,22 of 2006]

49A. Every person who-

(a) carries on any aquaculture operation without a valid licence;

(b) being a licensee discharges, dumps, deposits, releases or permits the discharging, dumping, depositing or releasing of any poisonous, noxious or harmful material or substance or waste water to any inland waters or to any land in such a manner as will affect the environmental quality of that land;

(d) carries on any aquaculture operation and refuses when lawfully required by a Licensing Officer to give information or gives information which is false, incorrect or misleading in any material respect;

(e) uses abusive or threatening language or makes insulting gestures or behaves in a threatening manner towards a Licensing Officer who is carrying out his duties or exercising his powers under this Act;

(f) assaults or obstructs a Licensing Officer in the performance of his duties under this Act;

(g) fails, refuses or neglects to immediately and fully comply with every lawful instruction or direction given by a Licensing Officer ;

(h) impersonates or falsely represent himself to be a Licensing Officer; or

(i) interferes in any way with a Licensing Officer in the performance of his duties, shall be guilty of an offence under this Act, and shall on conviction after a summary trial before a Magistrate be liable to imprisonment of either description for a term not less than eighteen months and not exceeding thirty six months or to a fine not less than twenty five thousand rupees and not exceeding one hundred thousand rupees, or to both such fine and imprisonment.

Offences by bodies of persons.

50. Where an offence under this Act is committed by a body of persons, then-

(a) if that body is a body corporate, every person who at the time of the commission of the offence was the director, secretary or other similar officer of that body; or

(b) if that body is not a body corporate, every person who at the time of the commission of the offence was a member or partner of that body,

shall be deemed to be guilty of that offence, unless be proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of that offence.

Forfeiture.

51.

(1) Where any person is convicted of an offence under this Act-

(a) any fishing boat, engine, fishing net or other fishing gear or equipment or any vehicle or thing used in, or in connection with, the commission of such offence; or

(b) any fish or other aquatic resources caught or taken in the commission of such offence or the proceeds of sale of such fish or other aquatic resources deposited in court under section 46,

shall, by virtue of such conviction, be forfeited to the State.

(2) Any fishing boat, engine fishing net or other fishing gear or equipment or any vehicle or thing, or fish or other aquatic resources, or proceeds of sale of any fish or other aquatic resources deposited in court under section 46, forfeited to the State by reason of the operation of subsection (I) shall vest absolutely in the State. Such vesting shall take effect-

(a) where no appeal is preferred against the conviction by virtue of which the forfeiture has taken place upon the expiration of the period within which an appeal may be preferred to the Court of Appeal or to a High Court established under Article 154P of the Constitution against the conviction; or

(b) where an appeal has been preferred to the Court of Appeal or to a High Court established under Article 154P of the Constitution against such conviction or an appeal has been preferred to the Supreme Court against the decision of the Court of Appeal or High Court as the case may be, upon the determination of such appeal confirming or upholding the conviction.

(3) The Director or any person authorized by him shall thereafter take possession of any fishing boat, engine fishing net or other fishing gear, or equipment, or any vehicle or thing, or fish or other aquatic resources vested in the State under subsection (2), and may sell or otherwise dispose of the same.

(4) Any proceeds realised by selling any fishing boat, engine, fishing net or other fishing gear, or equipment, or any vehicle or thing or fish or other aquatic resources under subsection (3) shall be credited by the Director to the Fisheries Reward Fund.

(5) Any proceeds of the sale of fish or other aquatic resources vested in the State under subsection (2) shall be transferred by the Magistrate to the Fisheries Reward

Compounding of offences.

52.

(1) Where any offence, not being art offence under section 27 has been committed in contravention of any of the provisions of this Act, the Director may, in the case of a first offender, having regard to the circumstances in which the offence was committed and with the approval at the Minister, compound such offence for a sum of money equal to not less than one fifth of the maximum fine that could be imposed for such offence, and order the release of any fishing boat, engine, fishing net or other fishing gear or equipment, or any vehicle or thing, or fish or other aquatic resources seized under section 46 (4), in respect at which no order of detention has been made by a Magistrate under section 46 (5), on payment of a sum of money not exceeding the estimated value of such fishing boat, engine fishing net or other fishing gear, or equipment, or vehicle or thing, or fish or other aquatic resources.

(2) The compounding of any offence under subsection (1) shall be notified in writing under the signature of both parties to the Magistrate’s Court, where. Proceeding in connection with the commission of the offence is pending and shall have the effect of an acquittal.

Release of detained boats &c.

53.

(1) Where a Magistrate has ordered the detention of a fishing boat or other thing under section 48 (5), the owner or the person from whose possession such boat or other thing was seized may apply to the Magistrate for the release of such boat or other thing on the provision of a bond or other security acceptable to the court.

(2) The Magistrate to whom an application is made under subsection (1) may order the release of the boat on other thing on the execution by a person approved by the magistrate of a bond or on the provision of other security acceptable to court in an amount not teas than the aggregate of the value of the fishing boat including all fishing gear. equipment stores and carrying the value of the fish or other aquatic resources on board at the time of seizure other than the value of any fish or other aquatic resources which had been sold and the proceeds of which had been deposited in court in accordance with the proviso to section 44 (5).

(3) The amount specified in a bond shall be recoverable in full by the Magistrate as a fine imposed by court in the event of a violation of the terms and conditions of the bond.

Presumption as to the Institute of the

54.

(1) For the purposes of this Act, is shall be presumed until the contrary is proved that where any fish is found at any time in any fishing boat at any place for Sri Lanka or in Sri Lanka Waters, such fish was taken-

(i) by the owner of that boat, if he is to the has at the time or if no person is found to the boat at that time; or

(ii) by the person for the time being in the base and in charge thereof, if the owner is not to the boat at that time.

(2) In any prosecution for a contravention of any of the provisions of section 27 in respect of any fish, it shall be presumed until the contrary is proved, that such fish was taken in Sri Lanka water.

55.

(1) Where any poisonous, explosive or stupefying substance or other anxious or harmful material or substance, which can be used for the purpose of poisoning killing or stupefying fish is found in the possession on control of any person in the neighborhood of any area of Sri Lanka Waters, shortly after such substance or material is proved, to have used such substance or material for the purpose aforesaid.

(2) where any poisonous explosive or stupefying substance or other noxious or harmful material or substance which can be used for the purpose of poisoning, killing of stupefying fish, if found in the possession or control of any person in a fishing boat in sri lanka waters, that person shall be presumed until the contrary to proved to have attempted to use such substance or material for the purpose aforesaid.

56. where any fishing net or other fishing gear or equipment the use of which, in any specified part of Sri Lanka Waters is prohibited by any regulations made under this Act is found in the possession of any regulation made under this Act is found in the possession of any person within the distance of half a mile from such waters, then for the purpose of any prosecution for a contravention of the regulation that person shall be presumed until the contrary is proved to have used such net or other setting gear of equipment in such Waters.

Jurisdiction over offences committed at sea.

57. Where any offence this Act is committed by any person within or outside Sri Lanka waters, the Magistrate’s Court having jurisdiction-

(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,

Shall have jurisdiction to try the offence.

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

[ 7,22 of 2006]

57A. Notwithstanding anything to the contrary in any other law, fifty per centum of every fine imposed by a court for the commission of an offence under section 49 of this Act, shall be credited to the Fund of the Authority.

PART X


	GENERAL

Administration of provided council authorities.

58. It shall be the duty of the Director to ensure that, in the administration of the provisions of this Act, the Secretary of the Ministry of the Minister of the Board of Ministers or every province in charge of the subject of Fisheries is consulted on matters affecting fishing operations within such province.

“Licensing Officers required to produce proof of identification.

[ 8,22 of 2006]

58A.

(1) A Licensing Officer in the performance of his duties under this Act, shall be required to declare his office and produce such identification as may reasonably be sufficient to prove that he has been appointed as a Licensing Officer for the purposes of this Act.

(2) The refusal by any person to comply with a request, demand or order made by a Licensing Officer shall not be an offence under this Act, if such Officer fails to declare his office or produce such identification as may reasonably be sufficient to prove that he has been appointed as a Licensing Officers under this Act.”.

Reward Fund.

59.

(1) There shall be a fund which shall be called the Fisheries Reward Fund (hereinafter referred to as “the Reward Fund”).

(2) The Director shall be responsible for the administration of the Reward Fund.

(3) There shall be credited to the Reward Fund all proceeds realized of sales under section 51 (4).

(4) The Director may from time to time pay out of the Reward Fund, a reward-

(a) to any officer appointed under section 2 ;

(b) to any authorized officer ; or

of such sum of money as he may deem fit provided, however, that such sum shall not exceed the maximum prescribed by regulations made under this Act.

(5) The accounts of the Reward Fund shall be audited annually by the Auditor-General in accordance with Article 154 of the Constitution.

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

60.

(1) There shall be charged, levied and recovered a cess on any fish or fish products imported to Sri Lanka in addition to any duty imposed under any other written law at such rate as may be determined from time to time by Parliament by resolution.

For the purpose of this section “fish products” means edible or non-edible products processed from fish and other aquatic resources and includes fresh, frozen, or canned products, fish oil, fish meal and fertilizer.

(2) The cess shall be collected by the Director-General of Customs and credited to the Consolidated Fund.

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

Regulations.

61.

(1) The Minister may make regulations for and in respect of all or any of the following matters:-

(a) all matters stated or required in this Act to be prescribed or for which regulations are authorized or required to be made under this Act;

(b) the reservation of specified areas of Sri Lanka Waters for different types of fisheries or methods of fishing;

(d) the type, size and manner of marking of registered fishing boats;

(e) the periodic inspection of fishing boats and the issue of certificates of seaworthiness and the fees payable for such inspection;

(f) the minimum standards of navigation to be observed, and the safety equipment required to be kept, by the owners of local fishing boats operating in Sri Lanka Waters ;

(g) the minimum manning standards to be observed by the owners of local fishing boats;

(h) the registration of fishing nets or other specified fishing gear or equipment used in Sri Lanka Waters or in any part of such waters, and of the owners thereof, the officers by whom they shall be registered, the fees payable for such registration, and the marking of registered fishing gear or equipment;

(i) the protection of the aquatic medium;

(j) the prohibition of the use of any specified equipment, device, method or substance for the purpose of, or in connection with, the taking of fish and other aquatic resources, and the regulation of the time and the manner of the taking of fish and other aquatic resources ;

(k) the regulation of the exercise of the powers contracted by section 46 ;

(l) the taking and landing of fish and other aquatic resources and the control and management of landing areas ;

(m) the regulation of the bending and distribution of fish and other aquatic resources and the maintenance of quality of fish, fish products and other aquatic resources ;

(n) the prohibition, regulation or control of the erection and use of fishing stakes, fish kraals, fishing gear, stake nets and other such appliances for the taking of fish ;

(o) the management, regulation and protection of fisheries reserves ;

(p) the licensing of establishments for the processing of fish and other aquatic resources and the conditions to be attached to such licences ;

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(r) the management of inland fisheries ;

(s) the collection of statistics and the provision of information by persons who are engaged in fishing, marketing or processing of fish and aquaculture enterprises,

(2) Every regulation made by the Minister under subsection (1) shall be published in the Gazette and shall come into operation on the date of such publication or on such later than as may be specified in the regulation.

(3) Every regulation made by the Minister shall, as soon as convenient after its publication in the Gazette, be brought before parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded from the date of its disapproval but without prejudice to anything previously done thereunder.

(4) Notification of the date on which any regulation be deemed to be rescinded under subsection (3) shall be published in the Gazette.

Education of actions.

62.

(1) No action small lie against any officer appointed under section 2 or any officer authorized under section 46, for any damages in any civil court for any act done in good faith in pursuance or supposed pursuance of any of provision of this Act.

(2) No prosecution against any officer appointed under section 2 or an officer authorized under section 46 in respect; of any act done by him in pursuance supposed pursuance of any provision of this Act shall be entertained by any court unless such action is instituted within six months of the date of the act complained of.

Repeated.

63.The Fisheries Ordinance (Chapter 212), the Chank fisheries Act (chapter 213), the Pearl fisheries Ordinance (chapter 214) and the Whaling Ordinance (Chapter 215) are hereby repealed.

Savings.

64. Notwithstanding the repeal of the fisheries Ordinance-

(a) all regulations made Under that Ordinance and in force on the day preceding the date of commencement of this act shall in so far as they are not inconsistent with the provisions of this, or any regulation made thereunder. continue in force in like manner as if they were made under this Act, and may be amended, varied or rescinded by regulations made under this Act ;

(b) all actions, prosecutions, proceedings or references of fishing disputes under that Ordinance, pending or incomplete on the date of commencement of this Act may be carried on and completed after the date of commencement of this Act as if the provisions of the Fisheries Ordinance were not repealed ;

(c) all moneys lying to the credit of the Fisheries Reward Fund established under section 36 of that Ordinance on the day preceding the date of Commencement of this act shall stand transferred to the Fisheries Reward Fund established under section 59 of this Act ;

(d) every instrument of mortgage and every instrument of transfer registered under that Ordinance and subsisting on the day preceding the date of commencement of this Act shall be deemed to be instruments registered under this Act;

(e) all permits and licences issued or registrations made under that Ordinance and in force on the day preceding the date of commencement of this Act, shall be deemed to be permits or licenses or registrations issued or made under this Act.

Sinhala to prevail in case of inconsistency text.

65. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

Interpretation.

66. In this Act unless the context otherwise requires-

“aquaculture” means the cultivation, propagation or farming of fish or other living aquatic resources, and includes cultivation, propagation or farming from eggs, spawn, spat or seed, or by rearing fish or aquatic plants or aquatic resources lawfully taken from the wild or lawfully imported into the country or by other similar process;”

“aquatic medium” means any medium in which fish and other aquatic resources are found;

“aquaculture operation” means the conduct of aquaculture in any area, enclosure, pond, impoundment, premises or structure set up or used for the cultivation of aquatic plants or organisms including fish for commercial purposes and includes any bed or raft or other structure used for the cultivation of pearl oyster and other shellfish;

“aquatic resources” means living aquatic organisms and includes any seaweed, phytoplankton or other aquatic flora and non-living substances found In an aquatic medium ;

“Authority” means the National Aquaculture Development Authority of Sri Lanka established by the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998;

” authorized officer” means any officer authorized by the Director under section 46 (1) and includes any officer of the Army. Air Force or Police not below the rank of Sergeant and any officer of the Navy not below the rank of Petty Officer ;

“exclusive economic zone ” means the area declared to be the exclusive economic zone of Sri Lanka by proclamation made under section 5 of the Maritime Zones Law, No. 22 of 1976;

“export” means to take out of the limits of Sri Lanka to sea or to a foreign country;

“fish” means any water dwelling aquatic or marine animal, alive or not, and includes their eggs, spawn, spat and juvenile stages, and any of their parts, and includes all organisms belonging to sedentary species;

” fishing baat” means any vessel which in for the time being employed for the purpose of taking of fish and includes its propulsion unit and fishing gear and other equipment;

“fishing dispute” means any dispute between two or more persons or groups of persons engaged In fishing in regard to the right to fish, or to the time, manner or location of fishing in any part of Sri Lanka Waters and includes a dispute regarding the use of water or land for aquaculture purposes ;

“fishing operation” means catching, taking, killing, collecting, or culturing fish by any method and includes an attempt to catch, take, kill, collect or culture fish;

“foreign fishing boat” means any fishing boat other than a local fishing boat;

” import” means to bring into Sri Lanka, by sea or by air, from any place outside or beyond the limits of Sri Lanka;

” inland waters” means any public rivers, lakes, estuaries, lagoons, streams, tanks, pools, channels and any other public areas of fresh or brackish water in Sri Lanka;

“local fishing boat” means any fishing boat-

(a) wholly owned by the Government of Sri Lanka or any public corporation established by or under any law of Sri Lanka;

(b) wholly owned by one or more persons who are citizens of Sri Lanka; or

(c) wholly owned by any company, society or other association of persons, Incorporated or established under the law of Sri Lanka, a majority of the voting shares of which are hold by

” Minister” means the Minister appointed under Article 44 of the constitution to be in charge of the subject of Fisheries, and Aquatic Resources ;

“National Aquatic Resources Research and Development Agency” means the National Aquatic Resources Research and Development Agency established by the National Aquatic Resources Research and Development Agency Act, No. 54 of 1981 ;

” pearl bank” means such area as may from time to time be prescribed by regulation and includes the bed of such pearl bank ;

“pearl oyster” means a pearl bearing oyster of any description, and includes the mollusc commonly called the ” window pane oyster ” or the ” Tam-palakam pearl oyster” and scientifically known as Piacuns placenta, as well as any other pearl producing mollusc which may be introduced, or laid down, off the coasts of Sri Lanka, or in the days or inland waters of Sri Lanka;

“prescribed” means prescribed by regulations made under this Act;

“sale” with its grammatical variations and cognate expressions, means any transfer of the possession of fish by one person to another In the ordinary course of trade or business for cash or deferred payment or for other valuable consideration ;