This content is exclusively provided by FAO / FAOLEX

Fisheries Act 1985 (No. 317 of 1985).

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source


Abstract
This Act is divided into 11 Parts: Preliminary (I); Administration (II); Fisheries Plans (III); General Licensing Provisions (IV); Foreign Fishing Vessels (V); Offences (VI); Turtles and Inland Fisheries (VII); Aquaculture (VIII); Marine Parks and Marine Reserves (IX); Enforcement (X); General Provisions (XI).
The Act entrusts to the State Authority or to the Minister of the Federal Government (in case the Federal Territories of Kuala Lumpur and Labuan are involved) the power to make rules for the proper conservation, development and management of turtles. In particular, said rules may be relevant to the following: (a) promotion of aquaculture; (b) licensing of inland fisheries; (c) fishing vessels and fishing methods; (d) maximum allowable catch and processing methods; (e) closed seasons; (f) protected areas; (g) appointment of officers; (h) establishment of licensing procedures; (i) construction of waterworks that could create a hazard to the natural environment; (l) offences and penalties. Furthermore, the Minister may, by order in the Gazette, establish marine parks and marine reserves, in order (a) to strengthen the protection of, and favour the repopulation of aquatic flora and fauna, (b) to promote scientific study and research, (c) to regulate recreational and other activities in such areas or part thereof to avoid irreversible damages to the environment.
The Director-General of Fisheries shall coordinate and supervise all matters relating to marine parks and marine reserves in Malaysian waters. The exercise of fishing activities in Malaysian waters is subject to the issue of a licence.
Parts IV and V concern the issue, refusal to issue, suspension or cancellation, and validity of the licence for local and foreign fishing vessels, respectively. The Act regulates also foreign fishing, with specific regard to transhipment of fish and innocent passage through Malaysian waters. Part VI is devoted to offences and establishes the relevant penalties and enforcement measures to be applied. In order to promote the development and management of inland fisheries, the State Authority concerned shall: (a) coordinate and conduct research; (b) manage aquaculture stations, fish-breeding stations and training centres; (c) provide technical assistance to the authorities concerned; (d) give advices on the prevention of fish diseases. To these ends, the State Authority or the Minister (in case the Federal Territories of Kuala Lumpur and Labuan are involved) shall regulate the proper conservation, development, and management of inland fisheries. Specific provisions are made for the protection of turtles, for the promotion of aquaculture and the establishment of marine parks or marine reserves. Part X concerns enforcement measures to be taken by the authorized officer in case an offence has been committed (e.g., powers of entry, seizure of vessels, fish or equipment, arrest).
Long title of text
An Act relating to fisheries, including the conservation, management and development of maritime and estuarine fishing and fisheries, in Malaysian fisheries waters, to turtles and riverine fishing in Malaysia and to matters connected therewith or incidental thereto).
Notes
Repeals the Fisheries Act 1963 (art. 62).
Repealed
No
Source language

English

Legislation Amendment
No