Act of Parliament · As enacted
Fisheries and Aquatic Resources (Amendment) Act 2016
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Fisheries and Aquatic
Resources (Amendment) Act, No. 2 of 2016.
s 2Amendment of section 49 of Act, No. 2 of 1996
Section 49 of the Fisheries and Aquatic Resources
Act, No. 2 of 1996 (hereinafter referred to as the “principal enactment”) is hereby amended as follows:—
in subsection (1) of that section, by the substitution for the words and figures “sections 14E, 15, 16, 17
or 22” of the words and figures “sections 15, 16, 17
or 22”; and
by the insertion immediately after subsection (1) of the following new subsection:—
“(1A) Any person who contravenes or fails to comply with the provisions of section 14E 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 one hundred thousand rupees.”.
by the insertion immediately after subsection (6) of the following new subsections:—
“(7) Any person who contravenes any regulation made under section 61(1)(t) of this Act beyond the limits of Sri Lanka Waters shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to an imprisonment for a term not exceeding two years or to a fine not less than the amounts specified in Column II of the
Schedule hereto based on the length of the fishing boat specified in corresponding entry in the Column
I of the Schedule or to a fine not less than five times the value of relevant fish catch or whichever is higher.
SCHEDULE
Column I
Column II
Length of a fishing boat fines
More than 10.3 and less than 15 meters
Rupees 1.0 Million
More than 15 and less than 24.0 meters
Rupees 1.5 Million
More than 24.0 and less than 45.0 meters
Rupees 25 Million
More than 45.0 and less than 75.0 meters
Rupees 50 Million
More than 75.0 meters
Rupees 100 Million
Any person who contravenes any regulation made under section 61(1)(u) of this Act shall be liable to a fine of not less than five times of the value of relevant fish catch.
For the purposes of this section “relevant fish catch” means quantity of fish catch at the time of the offence, valued by a panel of members appointed under section 52E of this Act.”.
s 3Insertion of new sections 52B, 52C, 52D and 52E in the principal enactment
The following new sections are hereby inserted immediately after section 52A and shall have effect as sections 52B, 52C, 52D and 52E of the principal enactment :—
52B. (1) Where the Director-General has sufficient evidence to believe that any person being a licensee has acted in contravention of the provisions of sections 14A, 14E, 14F or 14G
“Imposition of a penalty.
Fisheries and Aquatic Resources of this Act or any regulation made under sections 61(1)(t) or 61(1)(u) of this Act, he may on the recommendation of the panel appointed under section 52E of this Act, and in the case of a first offender, having regard to the circumstances in which the offence was committed and if it is appropriate to impose a penalty cause a notice to be served in the prescribed form on such person, requiring him to appear within one month of the date of the receipt of such notice and show cause why a penalty should not be imposed on him.
Where the person on whom the notice is served admits that he acted in contravention of the provisions of sections 14A, 14E, 14F or 14G of this Act or any regulation made under sections 61(1)(t) or 61(1)(u) of this Act within one month of the date of receipt of such notice, the Director-General shall impose on that person a monetary penalty not exceeding one third of the maximum fine that could be imposed under this Act to which such person would be liable if convicted by a court.
(a) Where the person on whom the notice is served, appears within one month of the date of receipt of such notice and states that he has a cause to show against the imposition of the penalty, the Director-General may proceed forthwith to hear and decide the matter in the manner prescribed.
Where the Director-General is not satisfied with reasons given he may after assigning reasons therefor, impose the penalty specified in subsection (2) of this section.
Where the Director-General imposes a monetary penalty on any person under this section for any contravention of the provisions of sections 14A, 14E, 14F or 14G of this Act or any regulation made under sections 61(1)(t) or 61(1)(u) of this Act he shall cause a notice in the prescribed form to be served on such person.
Any person aggrieved by the decision of the Director-General, may appeal to the
Secretary of the Ministry of the Minister to whom the subject of Fisheries and Aquatic
Resources Development (hereinafter referred to as “the Secretary”) is assigned, within thirty days from the date of receipt of such decision made under subsection (3).
The secretary shall make a decision on any such appeal taking into consideration the decision of the Director-General and the circumstances in which the offence was committed, and may either—
allow, alter or vary the appeal and direct the Director-General to act accordingly;
or
disallow the appeal for reasons stated.
The Director-General shall comply with any direction issued to him by the Secretary within fourteen days from such direction and shall communicate the direction of the Secretary to the person aggrieved by his decision.
Every notice under this section shall be sent under registered post, and if sent under registered post or exhibited in the last known place of abode, it shall be deemed to have been served on that person.
Fisheries and Aquatic Resources
Notwithstanding anything contained in this Act, no suit or prosecution shall lie in any court regarding the same offence, where the alleged offender has admitted the commission of such offence and paid such penalty.
52C.
Right of Appeal
Any person aggrieved by the decision of the Secretary may prefer an appeal to the
Court of Appeal within thirty days from the date of communication of such decision, on question of law.
52D.
Presumption
Any person engaged in fishing operations fails to link with the Fisheries
Monitoring Centre or fails to operate vessel monitoring system during such fishing operation for a period of one hour then it is presumed until the contrary is proved that he has violated the provisions of sections 14A,
14E, 14F or 14G of this Act or any regulation made under sections 61(1)(t) or 61(1)(u) of this
Act.
52E.
Appointment of panel of experts
There shall be appointed by the
Director-General in consultation with the
Secretary a panel of experts consisting of three persons who have the knowledge and experience in the fields of marine engineering, law and accountancy.
It shall be the function of such panel of experts to make recommendations to the
Director-General on circumstances under which he shall impose a monetary penalty on any person.
The Minister shall pay such monetary remuneration as he shall determine in consultation with the Minister to whom the subject of Finance is assigned to members of the panel.”.
s 4Amendment of section 61 of the principal enactment
Section 61 of the principal enactment is hereby amended in subsection (1) of that section as follows:—
in paragraph (si) of that subsection by the substitution for the words “District and village levels; and” of the words “District and village levels;”
in item (iv) of paragraph (t) of that subsection by the substitution for the words “Unregulated Fishing 2009.”. of the words “Unregulated Fishing 2009;
and”
by the addition of the following paragraph immediately after paragraph (t) of that subsection:—
“(u) the regulation of export and import of fish and fishery products.”.
s 5Sinhala text to prevail in case of inconsistency
In the event of any inconsistency between the Sinhala and the Tamil texts of this Act, the Sinhala text shall prevail.
Fisheries and Aquatic Resources